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49072 - AGENDAS - City Commission Packets
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JANUARY 22, 2008 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT "I"HIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF ]'HE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOB1YIST 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 7"0 ORDINANCE W 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)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION 01;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"I HE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN IHE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO TI IF ATRIUM, IN ORDER NOT TO IN"FFRRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Rev. Timothy Shellman, Sr., St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Dr. Brenda Snipes, Supervisor of Elections—2008 Election Procedures 4.2 Special Event Request for the Dania Beach Art & Antique Festival to be held at NW 1" Avenue/Dania Beach Boulevard, on January 25-27, 2008 (Continued from January 8, 2008) 4.3 Special Event Request for the Walk for Christ Outreach Festival to be held at Dania Beach Boulevard, west of the railroad tracks, on January 26, 2008 (Continued from January 8, 2008) 4.4 Special Event Request for the 3151 Annual Waterway Clean-up to be held at 100 Beach Road, 775 Taylor Lane, 801 NE 3`d Street, and John U. Lloyd State Park, on Saturday, March 8, 2008 from 9:00 a.m. — 1:00 p.m. Dania Beach City Commission Agenda—January 22, 2008 Page 2 of 7 4.5 Fee Waiver Request for the American Legion to use the C.W. Thomas Park Recreational Complex on the first Thursday of each month — Kurt Ely, Chairman, Parks, Recreation and Community Affairs Advisory Board 4.6 Fee Waiver Request for the Davis Isles Homeowners Association to use the P.J. Meli Park Facility for 3 meetings annually — Kurt Ely, Chairman, Parks, Recreation and Community Affairs Advisory Board 5. PROCLAMATIONS 5.1 "March for Michael" in remembrance of Michael S. Curry, Jr. 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. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes from the January 8, 2008 City Commission Meeting Approve Minutes from the January 9, 2008 City Commission Workshop 7.2 Travel Requests: Request by Patricia Varney, Director of Finance, to attend the PFM Asset Management Investment Seminar in Orlando, Florida, on January 25, 2008 (Estimated cost$209; remaining budget$4,317.62) Resolutions 7.3 RESOLUTION#2008-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE Dania Beach City Commission Agenda—January 22, 2008 Page 3 of 7 2008 LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2008-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING UP TO A SIX MONTH EXTENSION OF PAID MILITARY LEAVE FOR EMPLOYEE PETER HENG; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, 7.5 RESOLUTION #2008-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $49,986.40 FROM BRIGGS EQUIPMENT, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2008-025 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $79,966.00 FROM ATLANTIC TRUCK CENTER, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2008- 026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION FOR $1,750,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE REHABILITATION OF LIFT STATIONS 1, 2, 3, 6, AND 7; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS Dania Beach City Commission Agenda—January 22, 2008 Page 4of7 9. PUBLIC HEARINGS 9.1 ORDINANCE #2008-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CPA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CPA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE #2008-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART XII, ARTICLE 5, SECTION 3) AND SECTION 2-10 OF THE CITY CODE OF ORDINANCES TO CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE, FROM FIFTEEN THOUSAND DOLLARS ($15,000.00) UP TO AND INCLUDING THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00); PROVIDING FURTHER CLARIFICATION OF SPENDING LIMITS IN SECTION 2-10; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 ORDINANCE #2007-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., TO REZONE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED 1N EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RAC (SINGLE FAMILY RESIDENTIAL), TO PRD-1 (PLANNED Dania Beach City Commission Agenda—January 22, 2008 Page 5 of 7 RESIDENTIAL DEVELOPMENT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from January 8, 2008) 9.4 ORDINANCE #2007-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER, TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR THE "IPPOLITO ISLE PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 25T" AVENUE, SOUTH OF GRIFFIN ROAD, 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 "IPPOLITO ISLE PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from January 8, 2008) 9.5 RESOLUTION #2008-006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25T" AVENUE AND SOUTH OF GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 8, 2008) 9.6 RESOLUTION#2008-004 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 12, ARTICLE III, SECTION 12-52, FOR PROPERTY LOCATED AT 801 NE 3RD STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 8, 2008) 9.7 RESOLUTION#2008-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 8, 2008) Dania Beach City Commission Agenda—January 22, 2008 Page 6 of 7 9.8 RESOLUTION #2008-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BRUCE KODNER, PROPERTY OWNER, REPRESENTING DENTAL PLANS.COM, INC. FROM ARTICLE V OF THE ZONING APPENDIX (OFF-STREET PARKING), FOR PROPERTY LOCATED ON THE VACANT LOT DIRECTLY EAST OF 29 SOUTH FEDERAL HIGHWAY (FRONTING ON SE 1ST STREET), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.9 RESOLUTION#2008-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FIDEL LABRECQUE FROM BROWARD COUNTY CODE OF ORDINANCES, ARTICLE XIX MOBILE HOME DISTRICTS, SECTION 39-330, "YARDS AND SEPARATION", SECTIONS 39-217 (TABLE 1) AND 39- 228, "OFF-STREET PARKING AND LOADING", FOR PROPERTY LOCATED AT 2924 WEST MARINA DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.10 RESOLUTION#2008-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A THIRD EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007 BY RESOLUTION 2007-117, AND A SECOND EXTENSION WAS APPROVED ON SEPTEMBER 11, 2007 BY RESOLUTION 2007-154, WHICH EXPIRED ON DECEMBER 25, 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, 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. 9.11 RESOLUTION#2008-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING, BROWARD COUNTY, FLORIDA'; PROVIDING FOR AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO THIS AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—January 22, 2008 Page 7 of 7 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 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Commissioner Castro— 1 appointment 12.2 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission-2 Year Term) 2 Alternate positions 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Wednesday, February 6, 2008 —6:00 p.m. CRA Board Meeting Tuesday, February 12, 2008— 7:00 p.m. City Commission Meeting Tuesday, February 26, 2008 —7:00 p.m. City Commission Meeting 14. ADJOURNMENT •(�OF F(p � �r I U Y SUPERVISOR OF ELECTIONS °offa,m� �Q _qx. A'�W e jnvw ryOF BRO BROWARD COUNTY,FLORIDA BROWARD GOVERNMENTAL CENTER . 115 SOUTH ANDREWS AVENUE, ROOM 102 • FORT LAUDERDALE, FLORIDA 33301 . 954.357.7061 November 1, 2007 NOV - 2 2007 sa , Ms. Louise Stilson Dania Beach City Clerk 100 YN' Dania Beach Blvd. Dania Beach, FL 33004 Dear Ms. Stilson: I would like to request four to five minutes on your agenda to update the mayor, commissioners, and residents on the upcoming 2008 elections. Our office will be contacting you in the next week to confirm the presentation. Thank you for your consideration. Sincerely, Dr. Brenda C. Snipes Broward County Supervisor of Elections BCS:FSB:pm City Clerk Letter 11-01-07.dx � 0 W Cl) Iwo V O � m m i m y L Bin 0 • o to m 3 i tx t i�t:Ia w i y if y I V� CD � L d � t/) U cV -t t d O O , L �� 4 is _ a5 • �` 35. 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[X ] Yes [ ] No If So, Indicate the city location of last event: City of Hollywood, Hollywood Blvd &441 *Is the event to take place: [ ] Indoors [ X ] Outdoors [ ] Both *Number of Expected Daily Attendants: 30 to 40 (BSO or Fire Details may be required -refer to page 6) *Please indicate the duration of the event: DAY DATE START TIME END TIME TOTAL# OF HOURS aturday February 23, 200 11:00 AM 3:00 PM 4 *Anticipated Date and Time to Begin Set-Up: Saturday February 23, 2008 Time 7Am *Anticipated Date and Time for Completion of Break-Down: February 23, 2008 no later than 5PM *Do you have a site plan for the event to be submitted with this application? [X ] Yes [ ] No *Please Note—A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [X] No *Please identify the street name(s) and/or locations for closure requests: Please Note— These streets must also be identified on the site plan. *Are you requesting to fence the event? [ ] Yes [X] No Please Note—You must identify any fencing on the site plan. Special Events Application—Page 2—Rev.MAY2006 'Will Canopies (No Sides) be used for this event? [ ] Yes [X ] No 'Please Note - All canopies in excess of 400 square feet [Per NFPA 1 Table 1.12.19(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd *Will Tents (With Sides) be used for this event? [ j Yes [ X] No 'Please Note — All tents in excess of 200 square feet [Per NFPA 1. Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company If the tents have sides, they are treated as buildings They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up In addition, they must have emergency egress lighting and Fire Extinguishers Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. 'Will electricity be required for this event? (Ex. for lighting, sound, cooking, other power needs, etc.) [X ] Yes [ ] No *How will this electricity be supplied? [ ] On-Site [X ] Generator [ ] Combination of Both Please Note — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections Please apply for the permit(s) prior to setting up at the Building Department located at 100 W Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. `Will there be live entertainment at this event? [X ] Yes [ ] No "Please indicate the type (Ex. Band, DJ, Live Performers, etc.): Live band, performers, DJ and CD's `Pleasespecify the hours of entertainment. DAY DATE START TIME END TIME TOTAL# OF HOURS Saturday February 23, 2008 11:30 AM 4:001pm 31/2 Hours I I 'Will a stage(s) be used in this event? [ ] Yes [ X] No A platform 6 x 4 x 2 Please note Fire Extinguisher Requirement in the next question. "Do you have adequate fire extinguishers for this event? [X ] Yes ( ] No 'Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum 5lbs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. Will there be concessions or sales of food at this event? [ ] Yes [X ] No Please specify: We will be giving already cooked food for free Special Events Application—Page 3—Rev.MAY2006 *Please Note—An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates.. and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes [ ] No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: [X ] N/A [ ) Electric Grill(s). # [ ] Gas Grill(s), #_ [ ] Charcoal Grill(s), #_ [ ] Smoker Grills(s). # [ ] Grease Fryer(s), # [ ] Oven(s), # [ ] Electric Range Burner(s), # [ ] Gas Range Burner(s), # *Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [ ] Yes [ ] No [ N/A] Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? ( ] Yes [ ] No [ N/A j Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? [ ] Yes [X ] No Please Note — An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: [X ] N/A [ ] Beer [ ] Wine [ j Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [X ] N/A [ j Draft Truck [ ] Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? [ ] Yes [ X] No Please Specify Types of Alcohol to be given away [X ] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? [ ] Yes [X ] No Please Specify. *Will there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? [ ] Yes [X ] No Special Events Application—Page 4—Rev MAY2006 *If yes, please describe: What is the name of the vendor or vendors providing the rides? [X] NIA Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [ ] No *Please Note—An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes [ X ] No Please Note— Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [X ] No *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina (BSO or Fire Details may be required -refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes [X ] No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? [ ] Yes [X ] No If so, How many? [ ] N/A Please Note— Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ X] Yes [ ] No Please Note— Any questions regarding temporary signage should be directed to Code Compliance, (954) 924- 3646. Are there any services being requested from the City of Dania Beach? [ X] Yes [ ] No If yes, please explain. The service we are requesting is to use the City Hall parking lot to help keep the street clear of traffic. *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: We have decided to bring food already cooked to serve. We will have about 30 to 40 chairs 3 tables and live music. Walk For Christ has already submitted the generator information to Frank (electrical permit division) he has approved it. As far as parking is concerned we would like to utilize the swell area, if possible City of Dania Bch parking lot and we also have a local church on Dania Bch and usl to use their parking. We do not anticipate more than 40 people including volunteers. We will have a small platform made of wood 6 x 4 x 2. We will have face paintings; free food, live music and we want to pray for the needs of that community and that city. We will not block any entrances to housing complex. This is a dead end street if we do have any emergency we will make way and give access to all emergency vehicles. The address of the event is 1105 W Dania Bch Blvd @ the dead end street. We are just trying to reach out to the community to bring hope and serve them in love. If any questions please call me right away 954.84.5146 *Indicates special attention Fire Prevention. BSO DETAIL REQUIREMENT Special Events Application—Page 5—Rev.MAY2006 Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff's Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector. Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $71 00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office and the City Commission. Ivan H Itzkowitz Jr. Founder& President Signature of Applicant Title January 15, 2008 resubmitted from September 24, 2007 Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this _day of , 2006 By who is personally known to me, or, if not, produced the following form of identification: Notary Public Sign: My Commission expires: Print: My Commission number: Special Events Application—Page 6—Rev.MAY2006 _ , ;� _ . �,. � " '.- :- - - �- _ �_ ,_ . ,. �� °; , y � � � � � -� "r Y Y �. � 1 �,.4 ` � . _. �� .-Y' _ t� �`�\,. -` ..' � � .�. _..__.. '.yam �1, 3� � i 1 �: 1 '^ i 7 .r Y � _. r ' '} ' =r..4 s 1 .., �. � �,y. ,�_ � <. :; � y ;.yE✓ T� �. 9 ' --� :� i � -- �" ._ � � 'T� a �' i 'Y � � � �•_ t __ r _��„ � r y + _ �. ': NT or TYPE c E n' 1. 6 Prc.it,/ h(A—Aie 0,0 i &IJ e (,I 'J ce 1 7 A.�Cress,'LocE, ion o,' Ev--it ReeA, n� T,-cc S g'�_J[Le EventCoormnaicr Phcne #1 '�L_A_ USIA— Ad-_.-ess vj A4 -I—kr t-4 Phone#2 Additiona! Contact Person for[lie Event Phone #1 Phone #2 Doganiza'ior, o.-S,pcnsvr of Event: �' IC AV. (c- - Cj f Slate Code: oc, "J,2(WA L ;F, Ihis a Non-Profit Orctan:za'ion? es I No Tax !D # p'COratiCn flfaMe "As i¢ appears '.1 the Avihc'�s cf i-,cooraocr,: Date of inmporaiuc:i. u G: State of ncorncrkot,.: P:_,deral D 4 Official for the Crgamzaiicti P'lone 9t E-i-rail Addy ess Ph c!,s -��2 Aotho; nnn C L!-.e P h c n a -P-'I E-n,w l 1 Phone #2 'a fs 1"h-_ fe'iter attoct-ied? WF� am, _,r ic "ars Piz Cs 7;. Tr Q- f U. ? re to a c�'nar a C�C r ada 'es' "A �ss�cn? Has 'h'c event been fhpkd fn 'J e 'Past-, ff S3. mC:iza:a fi-.e cohi i_rlcafiorl o� Fast euant: *is the cvank to I, te plaLe: SGIII "Number of Expecte6, Dafly A6acenci&9?ts: t�ESC' cl. Fire DZial's n-,,ay be eiqoired - efer '0 paae U "Please in,1ic?'Le the duraticn event: DAY DATE 0 TIME i T F)I A #0 F 114---—---------- Date and. Timeto Beglil Set'-UP: Date a. 1 Time'1 , Cn:-n le,'fclin aFBt.r cwr�'e& 'Do vou have a site plan for Vie evept to be submit-Led .,vt-r, ttis appH_Cafiori? Yes Nc' 11please iVote-A site plan indicating `,,e folloviing ccn-J'IlTons TILISi accompanyllhc application n-r-fite Fi:jpk_ati0,-, 411 be -e depoir ment must have easy access tc the sne.��i erected, reSUlt;ng in a signific,2.nt ti m, 3 delay. The fk 4 T iaf event area. The site plan must include the FoIllowing: enz,_3rces ernergency vehicie access routes, jcailWng, gener81 vehiCLIiar drive paths, fire hydrant locations, fife departmem connections, street ciosure f-e-quesis. feric_ad areas, grandstand, bleacher or other sealing locations, tsm a, d Stage locatons cooling areas, nd jecaticins of any pvrotechnic materials. etc. In eddifton, tie site plan m,lst include '.he lecq'Pnc;-. of any rides (anima! or _`Icchanicag pel°ing zoos, exnibits, Di's, bands. oer-formars. samtan, raciiit_es. recrep.-JOR vet;icles for ovemIght housi:Tg C"C' `;s there --- !,ectuest iTar amy road cicsurcs-e T Yes *Pleasa ;C"a-,"if), I'-,e S�raa" nanrisiZ) an�;!O 40-_'T'.c PfLasa Note- 75-pase sn"ecis M, ust E�sr f,r- SP -1 rn- �'4."a Yau lasing 15 Anwa ve event? ; ) � as pfaasc - You id-n,.i�y an,,� ierci�-,p o u Siie pla 1, q"V l[ Caroples QNO Sidezp b . uEadi aQrtvz avec-'?, jmhatse Ah3fe - A,,!! cancl'-mes in: excess of 400 s(jare ILFet -,1FPA 1: Table 1121-�ta)l requhe per�Ns am ospeciions. At must he flail., rbndaM. A. owiRste of fier—e . rv. a seirnple 3"'tn�- lesting must be SUN-mited tor product Epprov2i flfi 2pytaiw Rio in 'Rrrna�;on car,, 'be obtajned Fmm the campy manufadwer or the canopy rental cornpany. Pisase apply Ir the oanut at Tz SwUng DePsAnnenh acatea &t 100 AL Dank Beach Blvd. W;hl! 7'eats (VJKt Sides, he used kv this e,-&'n-? %'es l -f-Ac Thaase Ptate - All tens in excess of 200 squard feet [Per KFPA 1: TaNe 1,12, 9(a)j requira bdk' ng hennhts and inspections. All tents must be flame retardant. A ccrttflca�o offl&mE catarden�,y and a samoe of Te too fa!Di-icfar(aid" ieshig must be submitted for product appruval wth Ns application. This twon-naisn can be oNamec fmm the On, manJach-reF or t .e tent rental con parry Kthe lems sides iile'y my twaya as bjiidinig5 They ---st 21/e ?NO separate exis remote!y located TFG;.Ti E2r-t' other vvl_n il!urnmked exit Ages that have a-, Daife tacK-up, 17' addition, they must have emergency egress ljgh ing and Foe Entinguishers. Pi ovide a ile satete plan for these tents indicating the ideation o? all EWA. EAt Signs, Emergency Ughtmg A&M Spacing, Fire EdnguiSher locoa'.ions, etc. Permits must be obtained for all tents and electrical waY Please for a'! pp-rrc ?j fhe Depitrnert located at 100 VT Dania Beach UK. YBM elech"Ay be e3qu6rad. for INNS ever"? (E,�..for ligh&ig5 S�aur-d! cooking, orther pravver rr,,eeds, occ,) [VI<,es NC "14c4u vvH! this � hct,!city be suppiicd.? � -�, Cn-s:tq Combinalion OF 1300r, Xmise AWU - Re use of geherajors, teurporary wlnnu, -,emporaiy ejectrical concecqlons. P-Tc equ:,,-e rne!rniis and inspections, Please apioly for the penmit(s) prior to selUing up Fa the. Druid; .a Departmert lcc,�teo a,'. -Cva Ds:-Iia Peach Eilvd. Events requiring electricity are To responsiburly of Te applicant ind mum hn\.e a. cIect.ric!an Vs. IVIAN there be w."a entertainment at this event? ' , "Phase indicate the itype (Ex. Sand, 0J, L,%,e P—fo—mers' *Please specify the hours of entertairgic nept: DAY DATE START TUJ.E "Kfl a stage(s� be used in this event? 1�Yes N c" Flease note Fire EVAgNsher Requirement n Ene next qdestjon *Do y3u have adequate Ne e0h,,guishers for eve,017 3 ]; Yes I"/'N Ykamn%w - Foe extinguishers must be suppheq for each teT. canopy, coo,Jrg,r appliance mir! s-.z iue,✓ rn Lie�ge. T � ust scusoble hum aywhere in the teirt or c;-i the w,e j,hoUj haVog to yanj aj-, - ccr Lj E -, 7 feet f I -. c! pc �_C E)dinguishers must De easily accessible and not -.,bsczed from vie v. Pii-6 exiingui"'hers mum, NPi-Iti-Puipose' (min!rrunn E;bs.) fire extinguishem Alai are curiemby celTed and tagged by a hcoised comparn Demonstrate Vat his rywernent Willble met by Baking- a mle recuirenrents or Dno�,,,id:m a Jetterio the fire Drev-.00n b-reEu, spa sai E,eowmxcayon--Page 3 - Re, PAAY2005 �'pfpps'e fliote An Original cel;lflca, e of Liab ; I -urai�cc No JC"oU"s. a ., s ..F -.isz;J6 'pl l e kt cr`tv pr l coGt'.6..g LG- O .,Q i J,e- S . ;•.3t .,r .. .-.:�i cV-'I -S .. NO e.-tl so, i tdicaie -.c ,'ypa c ax3ilEanck ei 31 Co 7seu [ Electric Grill(s); # 1 Charcoal C-11"s): r l Sim*erGriiis(s): # Grease Fryers) # [ l Oven(s); #__ Electric Range Burner(s): #_ I Gass Range Eurner($): k'— `�fe�TS^c Bore - Gre2se Fk,,/ers ---re not ['Crm;tted irdo -iS jnle_ . '_lc';r are "An aplp �Vec v ;.e ';i-; 5 UL300 Compliant Wet Chemical mrcal A,,-,ton at:c File Suppie,s-1 n gr$rc ar. vFP C6. O'ces eac?"i aippi anca have its own t ed;cacre".s Fire „,'A PJea8e Note - Each cooling appliance, must Pta'Je ills ohln dedicd cd fire eYJ igulshe"- Cla$s K. Fi(e c,CiingwshcrS are Iequired for i'rj- Jemonstiate ii attnl$ b ?et r cite cpol .z ahove reauirernenis or Urovidinq a letter to the fire preventw,i bureau. "Does each c,Daling area have t e prover c earances - om at oii-, .:-"alri arsasT F,/ Please Noie = Cooking areas can be located to closer than 3C ice: 1`orn i JI C 3'M' W et'i -0&-. stages, grandstands or bleachers, etc. Ensure 'that this measu,'er-mu Is c'eli lGi S _ - '-r .r r slie 0 %_ V,101 there ba sees of alco;iol a': this a�an'? [ 7 `'`es i.l.-< r fease Nc4e - An orminal certificate of liquor ilabl;ity insu ance n8-,i mg the l' �;j of O r.,:.@ ea:;n as acidiflon 'i rsui ec- end a 11213 Ca'); Special Sales License is re luired to be subm tted ,with This appli„etic,n. . lice-se a2ri be obtained ITof`il the St&te of Fr_dlda Department of Business and Pi,f ssion ' cec;-iatcn. -;f Yes, Please Spec-oy Tv les of jolcohoi to be Solo; if alcohoi is !7eirx Se€`ved, piease indicade how zhe beverages v.:. a'crve'-. [ ] draft Truck E; Cold Plate Z Nfiiri-Bar w t Deer Tut% i + TaP�?c 3ert`[ce Other: VVil! there be a'icohcd9 giver. awa i at tills eveCET? ,4'ps Pease Spec fy Types pes c-f AlcChef sr be ._it r� m,,.,_ �.x r r '�a:<;` 1 -1`i'.8 2 ` ! ;iiS ths_ e he E. sates at t` is even ( _ �� 1 if vez-: piease desccibe� is please it-jo if cei-nival ricies aB jo ce 'h -Ispec:s7L C� -ispector, 6ndfire inspector 48 hours P-10, fuu- rides .;j, vf L insurance wit' 'hS EPPF�FLior�? yl�s � J lo;-,I.pensalion ns rai aii-o�e is requilec T-f rides. Ensue t!i . tab cc CHficate is Or. th.i-, specif 1- -,jejj has the jer da[es, ond" Names the C k ' 01 D a r)i 6 hs al AdIdl;t7oral Nc e,,,er.,twii! be appM-eO WithO' I'ViN recreaficna %•ehirles be U&ad 'Or temPr,-a-7-; ajeiasc lote- In kale the locations of these or tile site 02il aft cvant? Yes ,,,VjjS t'-I.re be Eny ose of py--ech"nics andlor �i� 'Pie I as a-No - pvotechnics arid/Gr FlreworjCs dispie,;s req,uire s.pe ial replica ions, per nits and nspect:oii3 as MI-11 as te requ.i,-ed to an Grigmal Cenif=caLe of and Aforker's rr,fn Fke InSpecic--, ip, n 1 S�:., Ll-- , addiflon, a be present during sei-up and displays. TNs expense- vVir be 92csed oi-, eo the evetil Piease appih fo., Fjemnii at hne e ve�Fi- Pf�eltc- & , -u !Ocated at �,n-i 3 S�,-eeL Psh,e! C onnm,!r;,!,,,� Ginter. Harbour T,,v,;rIe j- . . i w e ,1 1. Five Details m8y La requi(ed - refertO Page 5) k VV"L 11 't h e r a be L s e .irk at It y cc',a n 6 s t a n,Y s cv E(a a e i a S a a t n g a S a v e z es G ,pfease xQYL Bleachcrs and G,pandstands `lat lake to rnea� specioi Cafely code Loc n onF equirenneris. ndicaled on i,-,e site P'a'.1, ilk,-,e A,DA c c i nk p:tan,:, san ttary 'E C i'Aitie x�,=d 1-o r tti rs if so, i-II ovv man-` Fia`Lricje the oca,k--ns of all fachilies Oil Lhe Plan. is t1jerc & reqLa�-St for ar[,y tampo p�ra s8gnage For Lelis sveilt? 6 1 :4) 2 EL--aseNrlie- Any quesNenS reg2i-diF19 te1-,NPO,O-,V s g461,age s'lould be directed C-,G ode C Cc, ("I - 24- ,,64E. / C-S /,re there any sarv�css m beg i,eqLested fi cnn Uhe D--- F, 1, ves, ulease ul� -tc�,,^ fYll I �f)eo- vk L "P ease 245t any oti)er conditions, terns or -,-4evanr :nctrlriat on Ferri to --,Ie-t that m-ay ce af ;,rtarast tj prov.-." tit O.L ��c) *;,Idicaies speciai al,16i-dkior FifB Based upc"I a nL paiecii else !ciailce si'e 01 c. ;rg S:-,r ,- -vCa a E+rOVv'c`Ll` Shct x ciifce Cletaii may e C. �'. Il6 IIV2l`Cf! ma I,e rnoosed dep nd;nq oY :i6 ,_Oc cf e Ili persons 'iJI aeni anji/or h,2zlrns r:Ivalved- The inurnber cif p.;rsonne; an i aroa"`c`.JS :eC �u M2V Belot R e the current rates cha:gea `orihe of aster pec�cc Uti-�U 6[2� se, ii2 I-'�_S.,I. 10�; 4 De c^iIG! a-i their CurreM clv?r,Jme :ate of pay/ '. , its ( O_'. 'Jllil! l !},!1 c oitloil. an adm it strs_ iCe of ICJ°io voli also hc- chalgeG based on the ;C,-ai C ' st of iDerso I 'e: er1C' '_.f paietu5. . eisrnnei CCst< ate; cTirrentiV sill llaiC(Y to i'e $84.42. per no,.C, D9r Pe[sJl 11OU; IM,1 11 IMTI . Tire COsi „ apparaLL!S 6 a5 I<eSCU6 T-UCK - S12.00 Pei- noiu'i. Engine (1500 gU'nt - �•'1 00 aer nor!r Lauder (1500 gpm - SSO.CO per hour 7 he ctd of Lail a SeFct' JI CS Q�� �e It ',,� r "o it, iol ;e .,et�il E 'c :2.,5 a. oe ,-3 a p=JaUlc iG The _q, of DaI':d Bead by meads of_as; i,'yancB o"c C2shie/'s check. (Lees are nased GP i?div P."•u2'. overiinne rates wri!c-1 .rorf. person to p€rson- T?e dtt.oii;1. Cam.. i nieo IS baS-'d G' ;_i C cui renVy payable. in addi:Iion to fees fGr FICA. Mieoirare U Of Ce C`s COIcpensaho". and Admmistla-. B fees. n 'd e event ii':8'C eRtF: BS.': _.8ibd amC-..It IS not I'D;-52rV ces Clty i fB til'1(, c'.e �ii c"J, �osS ie..!.3.H Pr�SE -1i:UliB_ for m-_ Service- . Oulj, the a .,.. _:I orne rE -;,CC ."C '.Lc \la'c Geia:! �h_eeC Year 3gree-q upon bcm,,.: ., ev.e_n7. the Event wi!I he Ic �c"e 'Di any ov .cage cased the c_Ll a! cost fo,, ;he F.� the E.eri e;d be r2sponsiblc to pay il'ie acivai ser:�ice Brice mcurn=_c. The infor ,elatior, 9 Gla:e provided on This ap li.Cra`.ion. t'lis a ay CMI!Wste is tfie oesi Cf r'".Vj r41% t je. anderstand that apdrotae I)f Mic eve?a Cs I o:' :G'v 4e': .=r.•..- ,ry,-�-c:: „ .: �,itj `r•:_C.�'"..11'".,a, Y �: aty €att ?ey's Quite the ity -gna%ure of F .Ilcar+ ioe Elie 7�7------ ATE CQ^1Ni'v' OF BF ULNA R6�1. as dory By c perSSi3m...I M i.. ,. if ni t7 pi eoduced ...E f?,fC tF r9; form. o" ide.-it `Gail Ct-�' __ I " c' T' :c: 1�, �: Ay, — ----------- ke6 City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION — Events on PRIVATE i PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: 31$�Annual Waterway Clean-up Saturday, March 8, 2008 9:00 am — 1:00 pm 'Brief Description of the Event: To remove debris and trash from Broward County's 300 miles of navigable waterways Address/Location of Event: Dania Beach Clean-up 100 Beach Road (at the Pier) Event Coordinator: Paul Towers Phone#1: 786-871-5721 E-mail Address: ptowers@imageservices.com Phone#2: Fax: Derecktor of Florida 775 Taylor Lane Event Coordinator: Galloway Selby Phone#1: 954-920-5756 E-mail Address: selbyg@derecktor-florida.com Phone#2: Fax Harbour Towne Marina 801 NE 3 Street Event Coordinator: Mark Costin Phone #1: 954-257-3787 E-mail Address: markhtm@bellsouth.net Phone#2: Fax: Whiskey Creek John U. Lloyd State Park Event Coordinator: Sandi Correia Phone#1: 954-258-1778 E-mail Address: asgcorr@hotmail.com Phone#2: Fax: Special Events Application—Page 7—Rev.MAY2005 Organization or Sponsor of Event: Marine Industries Association of South Florida Address: 2312 South Andrews Avenue City, State, Zip Code: Fort Lauderdale, FL 33316 Phone: 954-524.2733 Fax: 954-524-0633 Cell: Melanie 954-647-8271 Is this a Non-Profi-Organization? [X] Yes [ ] No Tax ID #: 591172985 Corporation Name (As it appears In the Articles of Incorporation): Marine Industries Association of South Florida, Inc. Date of Incorporation: 1967 State of Incorporation: Florida Federal ID #: 591172985 Authorizing Official for the Organization: J.J. McConnell Phone#1: 954-525-8112 E-mail Address: jjm@gilmanyachts.com Phone 42: 954-328-9699 Authorizing Official for the Organization: Mark Hanke Phone#1: 954-941-5207 E-mail Address: mhanke@merrittboat.com Phone#2: 954-914-1009 Property Owner: Two properties: Harbour Town Marina and Derecktor of Florida *Please Note-A letter of Consent is required from the property owner for the approval of this application Is the letter attached? [X] Yes [ ] No Will any portion of this event take place on Public or City Property? [X] Yes [ ] No Will there be a charge for admission? [ ] Yes [ X] No If yes, how much? NIA Has this event been held in the past? [X] Yes [ ] No If So, Indicate the city location of last event: see above location of event sites 'Is the event to take place: [ ] Indoors [X] Outdoors [ ] Both `Number of Expected Daily Attendants: _see below_ (BSO or Fire Details may be required- refer to page 6) Dania Beach Clean-up 100 Beach Road (at the Pier) 40 Derecktor of Florida 20 775 Taylor Lane Harbour Towne Marina 34 801 NE 3 Street Special Events Application-Page 2-Rev,MAY2006 Whiskey Creek 122 John U. Lloyd State Park *Please indicate the duration of the event: DAY DATE START TIME END TIME TOTAL# OF HOURS Saturday March 8, 2008 9:00 am 1:00 pm 4 *Anticipated Date and Time to Begin Set-Up: 8:30 *Anticipated Date and Time for Completion of Break-Down: 1:30 *Do you have a site plan for the event to be submitted with this application? [X] Yes [ ] No *Please Note—A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos,exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [X] No *Please identify the street name(s) andlor locations for closure requests: NIA Please Note— These streets must also be identified on the site plan. *Are you requesting to fence the event? [ ]Yes [X] No Please Note—You must identify any fencing on the site plan. *Will Canopies (No Sides) be used for this event? [ ] Yes [X] No *Please Note -All canopies in excess of 400 square feet[Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd. *Will Tents (With Sides) be used for this event? [ ] Yes [X] No *Please Note — All tents in excess of 200 square feel [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant, A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Special Events Application—Page 3—Rev.MAY2006 Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *Will electricity be required for this event? (Ex. for lighting,sound, cooking, other power needs, etc.) [ ] Yes [X] No *How will this electricity be supplied? [ ] On-Site [ ] Generator [ ] Combination of Both Please Note — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? [ ] Yes [X ] No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): N/A Pleasespecify the hours of entertainment: NIA DAY DATE START TIME END TIME TOTAL# CF HOURS *Will a stage(s) be used in this event? [ ] Yes [ X] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [ ] Yes [ NIA] No *Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum Slbs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note an the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. Will there be concessions or sales of food at this event? [ ] Yes [X] No Please specify: N/A *Please Note—An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate Is for this specific event, has the proper dates, and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes [XI No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: NIA [ ] N/A [ ] Electric Grill(s); #_ [ ] Gas Grill(s); #_ [ ] Charcoal Grill(s);#_ ( ] Smoker Grills(s); #_ [ ] Grease Fryer(s); # [ ] Oven(s); #_ [ ] Electric Range Burner(s); #_ [ ] Gas Range Burner(s); #_ Special Events Application—Page 4—Rev,MAY2006 *Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL3D0 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [ ] Yes [ NIA] No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan 'ndicating all of the above requirements or providing a letter to the fire prevention bureau *Does each cooking area have the proper clearances from all other event areas? [ ] Yes [ N/A] No Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? [ ] Yes [X] No Please Note— An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: [X] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [X] N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? [ ] Yes [ X] No Please Specify Types of Alcohol to be given away: [X] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? [ ]Yes [X] No Please Specify: N/A *Will there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? [ ] Yes [X] No *If yes, please describe: N/A What is the name of the vendor or vendors providing the rides? [X] NIA Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [ N/A] No *Please Note—An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes [X] No Please Note— Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [ X] No *Please Note-Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Special Events Application—Page 5—Rev.MAY2006 Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes [ X] No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? [ ] Yes [ X ] No If so, How many? [X] N/A Please Note—Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes [ X ] No Please Note—Any questions regarding temporary signage should be directed to Code Compliance, (954) 924- 3646. Are there any services being requested from the City of Dania Beach? [ ] Yes [X] No If yes, please explain: NIA *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: NIA *Indicates special attention Fire Prevention. BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff's Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck-$32.00 per hour Engine (1500 gpm)- $71.00 per hour Ladder(1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare,Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. Special Events Application—Page 6—Rev.MAY2006 The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office and the City Commission. � 6� �ue�� C no Xt Signature of Applicant Title ILL- -U� Dale STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before �me ay of,��r 2007 eyQ l�snrle far who is personally knoif not, produced the following form of identification: Notary Public My Commission expires: �Qr Print: 4AjL, 4. C4,an h,erc My Commission number: QNANCY A.CH EIS NmyPilbl -SWdFbllde'My CmvbWm Eq*w Feb 1,2009CmnlWmt00391592Ba01A6yl�MIaWNodtYA>ol• Speclal Events Applicaticn—Page 7—Rev.MAY2006 ... nu'Ou_se s' ryne-oer uo.f.f 501-991 9526 Pagel 002-005 DATE(MMIOO" PRDDUACORQ LIABILITY CERTIFICATE OF ABILITY INSURANCE 10/23/2007 (561)994-9994 FAX C561)997-7087 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION The Beacon Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6001 Broken Sound Plcw HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR y' N'W'Suite $00 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boca Raton, FL 33487-2730 INSURERS AFFORDING COVERAGE NAIC0 INSURED Marine Industries Assoc. of S. Florida, Inc. sauPEPA First Natl Ins Co of Ame 24724 24724A 231Z South Andrews Avenue n9EURERa Progressive Express Ins P02962 02962 Fort Lauderdale, FL 33316-0000 INSUREPC American Guarantee & Liab. Ins nlm==c'_' Zenith Insurance Company 02947 I,JRERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CDNTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !LTN qtl TVPEDF INSURANCE PDIICY NUMBER POLICY EFFECTIVE PDLIDY E%PIRATION ATE M DA MMAJ LIMBS GENERALIWBB.fiY O1CG30965205 03/31/2007 03/31/2008 EACH cccuaParE v 1,000,000 X C CMVERC'AL SEY.EPAL UAB'<r' : UFMAGE TO FEITCD -- - i 200,000 -LAIMSMADE 1K0-CJF � MED EfIFIArtycnep=_Imnl f A i 10,000 ;ZONAL Z ADV UP PY ` 1,000,000 Ga ERAL AGb;EC-ATE T 2,000,000 CELL AGGRECATE UNIT AFPLES PER PRaDD'_TS-EOMPIOPACT 1 2,000,000 Pour, [_ PRr P . ECr Las AUTOMOBILE LIABILITY CA020757584 03/31/2007 03/31/2008 CCYSINED SIaGLE LINT _ AI pull, IEa azoa=nN 1,000,000 ALL CWIED ALMJS BODILYIAIJURI A B Ix «HEDULECA'1IJ5 �IPerper,onl HIREDALTC —CDL!1nU JRIIG"1JYrD.�,G AUrC5 (%or u:uCsmJ FROFERW DAMAGE 3 IPr acDesnO GARAGE LIABILITY AUTO D!:!'r-EA ACC D?,'i i R AIIY AU5 ETHER u,Ala EA ACC t AUTO UL_Y AGG 9 NXCESSWMBRELLALIA97ALICS32748203 03/31/2007 03/31/20081 EACHDCCUPREIICE s 10.000,00Ccup -A�nE!.IA-E CIPECATE 10000 000 CDEDUCTPErlmow 5 OI I WORKERS COMPENSAHDN AND Z832023614 03/31/2007 03/31/2008 TOR'LiMRo ER EMPLOYERS'LIASLn D AP NPROPR�ETOPUPARTNERIEI'ECUTVE EL EACH ACCEENr S00 QQQ OFFICERXIEI,IBER EPCLUOED9 EI DISEASE-EA EMPLOIEE Y $QQ,QQQ II ES ALPPOVS11 OTECTALPPovmO>seEls„ 1 ELDSEA=_E.Pa,IoLrn? i $00,000 OTHER DESCMPTON OF OPERATIONS I LOCATONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project Name: Waterway Cleanup Event on March 8, 2008. City of Dania Beach, Commissioners, Mayor, and employees are listed as additional insured with regard to General Liability only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCR'BED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL END FAVOR TO MAIL 1_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Dania Beach BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILI 100 West Dania Beach Blvd OF ANY KIND JPONTHE INSURER,ITS AGENTS OR REPRESENTATNES. Dania Beach, FL 33004 AUTHORIZED REPRESENTATIVE p t.�..� Robert Rollins, Jr. , CPCU/e7 in934 p' ACORD 25(2001/08) OACORD CORPORATION 19BB I-pom IJUi) I V 2- 9367 15 ,C31;c. ba011i�n 11/14/2967 13:14 9545240b33 MIASF PAGE 92/02 2312 South Androws Avonue fort Lauderdatu, Fl(irlde 33316 Phnne; U54.524.2733 Fax: 954-524-06CK) wwN.mlas'.crg -Lk• g 'J'*e IifP.E gk ofSW,(rff Rmia! November 14, 2007 City of Dania Beach 100 West Dania Beach Blvd, D ania Beach, FL 33004 Re: 2008 Waterway Clean-up Letter of Consent To Whom It.May concem: 1,Mark Costin, of Harbour Towne Marina allow Marine Industries Association of South Florida to use my Property located at 801 NE 31a Street in Dania Beach as a site location in thew 31 f`Annual Waterway Clean-up to be held on Saturday, March 8, 2008, If the City of Dania Beach has any concerns regarding the use of the property referenced above, Please contact me at 954.926-0300. Yoh Mark Costin FROM (TUD K V 27 2007 15 : 10/ST. 15 : 0341o. 6801704894 P 2 "E DOCK" "E DOCK" is a fixed wood dock system with slips ACCESS to the space is from the marina parking area at the end of 3rd street . FIRE LOAD is medium to heavy from large fiberglass boats . FIRE EYPOSURES arc the boats at "D Dock", "F Dock", the Old Service Building and Tugboat Annie' s restaurant which is located at the further end of "D pock" . ELECTRICAL POWER is controlled from panels located along parking area and dock. (See sketch. ) FIRE HYDRANTS are located in the area. (See sketch. ) FP,OM JUE) k0v 27 2007 15 : i0iST. 15 : 53� 1c 6801714r'j"- P 3 CDhLie, "E DOCRIl O mac. IS FIRE EMERGENCY PLAN A4�Acsl�� E— 1 . SOUND TEE ALARM - CALL THE FIRE DEPARTMENT - DIAL Give the following information: "THIS IS your name_ AT HARBOUR TOWN MARINA AT Sol NORTHEAST 3rd. STREET, TELEPHONE NO, 926--0300. WE HAVE A $OAT FIRE AT "E DOCK" WRICH IS LOCATED AT TIE END .OF 3RD STREET JUST BEYOND THE OLD SERVICE BUILDING IN THE MARINA. " ALSO, INFORM THEM IF THERE ARE KNOWN INJDRIES, NOTIFY MARINA STAFF - WE HAVE A FIRE AT "E DOCK" , 2 _ LIFE SAFETY - REMOVE ANY INJURED PERSONS AWAY FROM THE FIRE AREA IF THERE IS ANY FURTHER DANGER TO TEEM' FROM THE FIRE. DO NOT ENDANGER YOUR OWN LIFE! SHUT OFF ELECTRICAL POWER TO "E DOCK" , EVACUATE BOAT OWNERS AND GUESTS FROM "E DOCK", "D DOCK" _"F DOCK" AND TUGBOAT ANNTE'S. r SHIIT DOWN FUEL DOCK - USE "EMERGENCY FUEL SHUT OFF" SWITCH. ASSIGN STAFF MEMBER TO DIRECT DOCK" . INCOMING FIRE APPARATUS TO "E� SECURE BURNING BOAT TO THE DOCK - IF THIS CAN BE DONE SAFELY, REMOVE ADJACENT BOATS — 'r THIS CAN BE DONE SAFELY. CALL U. S. COAST GUARD AND ADVISE TEEM OF THE EMERGENCY, CALL MARINA MANAGER tel . ADVISE OF THE EMERGENCY• Ate FROM U1) NCI' 27 2007 15 ' JiSi. 15 03/H 6301704kkRiN na! P 4 TUG BOAT ANNIE'S �Ir' � RESTAU 14,1 F-Aq+s . . p"-Dr) 11AltINE SER>'ICE OFFICE REPAIR BUILDING o o BOAT . . REPAIR YARD EAST AIhRINE SPECW-TIES BUBDING FORAGE 1?MELS ' A2[ l.ocAT[2 tN3tDE �ot2s FOuR rbc )d9 DlS I + I B Wrr a,v CAS I Nrs.TS LOCA7EA bN ITU_ACV 27 ?DG, 15 10 5 1 u3/N E 5 �m- QII}3TRF111 AW Cl n A p 0 Op T c, F \ . . . . . . . . . . . . A � �Rm _ D D Q D m a R--n FL--fl P—fl w N _pZ c y n � y -01an9�NOpppZp�t) NO Qf. m(70 m�Z q ~Ep Nf�id Kim oWm v, T` oN vlj NNN . 11-14-'07 14:39 FHOM-DERECKTOR SHIPYARDS 9549251145 T-840 P001/001 F-518 2312 Scuth Andrews Avenue Fort Lauderdale, Florida 33316 Phone: 954-524-2733 Fax: 954-524-0633 www.mlaet.org B , fire 1*dee gle of e�ovt& Flomdal November 14, 2D07 City of Dania Beach 100 West Dania Beach Blvd Dania Beach,FL 33004 Re: 2008 Waterway Clean-up Letter of Consent To Whom It May Concern: I, Galloway Selby,ofDeawAdw of Florida allow Marine Industries Association of South Florida to use my property located at 775 Taylor Lane in Dania Beach as a site location in their 31'Anm►ai Waterway Cleanup to be held on Salwday,March 8,2008, if the City of Dania Beach has any concerns regarding the use of the property referenced above, please contact me at 954-920-5756, Thank.you, Galloway Selby DERECKTOR OF FLORIDA FIRE PROTECTION PLAN FOR SHIPYARD EMPLOYMENT PURPOSE: To protect all employees and contractor employees from fire hazards. This is all inclusive for employees engaged in shipyard employment aboard vessels, vessel sections, and landside operations. REVIEW: Thus plan should be reviewed annually by employees, supervisors, management and safety committee members to ensure that it is up-to-date, and to allow for physical changes to the facility that may have taken place. ELEMENTS: (A) Identification of significant fire hazards. (B) Procedures for recognizing and reporting unsafe conditions. (C) Procedures for notifying employees of a fire emergency. (D) Alarm procedures. (E) Procedures for notifying fire response organizations of a fire emergency. (F) Procedures for evacuation. (G) Procedures to account for all employees after an evacuation. (H) Individuals who can be contacted for further information about the plan. (1) Additional employer requirements. (J) Contract employers. (K) Preparations for hot work. (L) Fire watches. (M) Fire response. (N) Employee Evacuation. (0) Employee Fire Response. (P) Equipment Maintenance. (Q) Training. (R) Additional training requirements for fire watch: duty. (A) Identification of sienifrcant fire hazards: Fallowing is a list of these hazards: (1) Electrical panels that are overloaded or faulty could smoke, produce detectible heat, or trip circuit breakers repeatedly. (2) Smoking is prohibited in our work buildings, near our designated hazmat storage area and aboard vessels docked at our facility. (3) Some chemicals if properly mixed with other chericals or paint products can produce heat and possibly explosion. Care should be taken to inix chemicals properly. A hazardous materials storage compound is provided for storage and disposal of waste chemical products and waste oil. (B) Procedures for recognizing and reporting unsafe conditions: (1) Unsafe conditions can develop from any number of sources. These may include damage to elechical equipment, cords and lighting, falling objects, weather conditions, and failure of safety devices such as burned out lighting, shifting of scaffolding, ladders and work platforms. Human error can also play a part in developing unsafe conditions such as an improperly secured vessel that could become adrift and cause hazards. Therefore, virtually anything out of the ordinary can create a hazardous condition. Any potential or existing hazards should be reported immediately to: (a) Any member of Derecktor Shipyards Management. (b) The Human Resources/Safety Office (c) The Receptionist in the Main Office. (d) The On-Duty Security Guard at the Main Gate. (C) Procedures for notifying employees of a fire emergency (1) Warnings will be issued by our in-house two-way radio system. Upon receiving a fire warning, department foremen are responsible for notifying employees in heir department shop area and also any that are working aboard a vessel docked at our facility. The two-way radio warnings will also alert personnel in Accounting, Purchasing and the StockRoom. (D) Alarm Procedures: (1) Alamts will be transmitted through our in-house two-way radio system. Should a fire warning be given all employees in the work building, and aboard vessels docked at our facility, are to report to the work apron area between our two main buildings for muster and head-count procedures. (E) Procedures for notifying fire response organizations of a fire emergency: (1) In the event of a fire, the Dania Beach Fire and Rescue Department is to be notified by dialing 911. This will be done by the Receptionist in the Main Office, or in her absence, the Security Guard on duty. In the event of loss of regular telephone service the security guard shack is equipped with a cellular telephone for emergency use. (F) Procedures for evacuation: (1) Upon being notified of a fire emergency all employees will evacuate work buildings and vessels docked here at our facility. Report to the work apron area between our two main buildings. (2) All bay doors and regular exits are left open and unlocked during working hours. Seek the nearest exit immediately and report to the gathering area between the two main buildings. (G) Procedures to account for all employees after an evacuation: (1) Following a fire warning and evacuation, all employees are to report to the work apron area between the two main buildings. They should group by department and await further instructions. (2) The Human Resources Manager will immediately report to the gathering area with an employee roster and take a roll call by department. Any missing employees will be reported to fire fighters on scene. (H) Individuals who can be contacted for fiuther information about the plan: (1) This plan will be accessible during working hours in the Human Resources Office. (2) For additional information, contact the following personnel: a) Lary Wiesner, Human Resources Manager, Human Resources Office. (b) Bob Phithower, Assistant General Manager, Main Office. (c) Ken hmondi, General Manager, Main Office. (I) Additional employer requirements: (1) This plan will be accessible to all employees and OSHA Inspectors. (2) To review this plan whenever necessary, but at least annually. (3) Document that affected employees are informed about the plan. (4) Ensure that outside fire response organizations expected to respond to fires at the employer's worksite are given a copy of the current plan. (7) Contract employers: (1) Contract employers must have a fire safety plan for their employees. (2) Contract employers fire safety plan must comply with the Derecktor of Florida plan. (3) Contract employers "ill be provided with a copy of this plan. (K) Preparations for hot work: (1) General Requirements: (a) Designated areas. This employer will designate areas for hot work in sites such as: vessels, vessel sections, fabricating shops and sub-assembly areas that are free of fire hazards. (b) Non-Designated areas. Before authorizing hot work in a non- designated area, the employer must visually inspect the area where hot work is to be performed, including adjacent spaces to ensue the area is free of fire hazards, unless a marine chemist's certificate or shipyard competent person's log is used for authorization.. (c) This employer shall authorize employees to perform hot work only in areas that are free of fire hazards, or that have been controlled by physical isolation, fire watches or other positive means. (2) Specific Requirements: (1) Maintaining fire hazard-free conditions. The employer must keep all hot work areas free of new hazards that may cause or contribute to the spread of fire. Unexpected energizing and energy release are covered in 29 CFR 1915.181, subpart L. Exposure to toxic and hazardous substances is covered in 29 CFR 1915.1000 through 1915.1450 subpart Z. (3) Fuel, gas and oxygen supply lines and torches: (1) Shipyard competent persons in the welding department must make sure that: (a) No unattended fuel gas and oxygen hose lines or torches are in confined spaces. (b) No unattended charged fuel gas and oxygen hose lines or torches are in enclosed spaces for more than fifteen minutes. (c) All fuel gas and oxygen hose lines are disconnected at the supply manifold at the end of each shift. (d) All disconnected fuel gas and oxygen hose lines are rolled back to the supply manifold, or to open air to disconnect the torch; or extended fuel gas and oxygen hose lines are not reconnected at the supply manifold unless the lines are given a positive means of identification when they were first connected and the lines are tested using a drop test or other positive means to ensure the integrity of fuel gas and oxygen burning system. L. Fire Watches: (1) Written fire watch policy. Derecktor of Florida has created and keeps current, a written policy that specifies the following requirements for employees performing fire watch in the workplace. (a) An employee assigned to fire watch duty must not be assigned other duties while hot work is in progress. (b) Employees assigned to fire watch duty must: (1) Have a clear view of, and immediate access to, all areas included in the fire watch. (2) Are able to communicate with workers exposed to hot work (3) Are authorized to stop work if necessary to restore safe conditions within the hot work area. (4) Remain in the hot work area for at least (30) minutes after completion of the hot work, unless the supervisor surveys the exposed area and determines that there is no further fire hazard. (5) Are trained to detect fires that occur in areas exposed to hot work. (6) Attempt to extinguish any incipient stage fires in the hot work area that are within the capability of available equipment and within the fire watches training qualifications. (7) Alert employees of any fire beyond the incipient stage and, (8) If unable to extinguish fire in the area exposed to the hot work to give the alarm. (c) Only employees that are physically capable of performing these duties may be assigned to fire watch. M. Fire response: (1) Derecktor of Florida has determined that fire response will be from the Dania Beach Fire and Rescue who will respond v<rith fire trucks and other fire fighting equipment. (2) In the event of a fire emergency employee evacuation shall take place immediately in accordance with (F), Procedures For Evacuation. The general manager will determine whether a partial or total evacuation of the premises .trill be performed. (3) Outside fire response by tie Dania Beach Fire and Rescue will be utilized. (4) The type of fire suppression incidents to which they might expect to encounter are: (a) Boat fires. (b) Building fires (c) Equipment and/or vehicle fires. (d) Hazmat fires. (e) Electrical fires. (f) Oil fires, diesel oi'., waste oil, or petroleum fires. (5) The liaisons between Derecktor of Florida and the Dania Beach Fire and Rescue will be: Ken Imondi, General Manager Bob Plulhower, Assistant General Manager Lary Wiesner, Human Resources/Safety Manager (6) Procedures for fire response from outside organizations: (a) The Receptionist will telephone (911) to report that fire assistance is needed. In the event of the Receptionists absence, the security guard on duty will place the call to (911). (b) The Dania Beach Fire and Rescue visits our facility on a regular basis to familiarize their personnel with our facility layout, interfacing with the General Manager, Assistant General Manager and the Human Resources Manager, including controlled areas, and site specific operations, occupancies, vessels, vessel sections, and hazards. (c) Fire hydrants located at this facility have hose and coupling threads compatible with fire fighting equipment used by fire departments and outside responders, with couplings located at the facility fire hydrants. (d) Derecktor of Florida will not allow the use of incompatible hose connections. N. Emplovee evacuation: (1) In the event of an employee evacuation, employees exiting the facility will depart using Taylor Lane to N.E. 7th Avenue, where they may either continue north on N.E. 7th Avenue or may use Taylor Road going west. (2) Procedures to be followed by designated employees who may remain longer at the facility to perform critical employment operations that will be assigned by the General Manager. They will report by radio with the General Manager at intervals of no longer than (15)minutes. Their actions will be assigned as required by the General Manager. These will include: (a) Verifying that this fire plan is carried out as described herein. (b) Accounting for all employees on the premises. (c) Assisting the fire and rescue personnel with the site specific information such as the location of fire fighting equipment, the locations of hydrants, location of electrical panels, and moving any company equipment such as vehicles, cranes, forklifts, man lifts, or any other movable units. (d) Following building evacuation, the Human Resources Manager will immediately perform a head count to determine status and location of all employees. Any unaccounted for employees will be reported to the fire responders from Dania Beach Fire &Rescue, or any other rescue units that are on site. (e) The preferred means of reporting fires and other emergencies are: land line telephones, should they become inoperative cellular telephones will be used, including a "emergency only" cellular phone located in the Security Guard shack at the front gate. (f) The following employees should be contacted for further explanation of duties or information: Larry Wiesner, Human Resources Manager, Bob Philhower, Asst. General Manager, Ken Imondi, General Manager. 0. Employee Fire Response: Employees of Derecktor of Florida will not participate in fire fighting operations other than: (1) Use of fire extinguishers or water hoses on "incipient stage fires". (2) Notification of the Dania Beach Fire &Rescue. (3) Moving company vehicles and equipment as required by the fire department. P. Equipment maintenance: (1) Derecktor of Florida will maintain all fire response equipment including Cue hydrants, hoses and extinguishers, in a state of readiness. (2) Standardize all fire hose coupling threads throughout the facility by providing the same type of hose connection threads for hoses of the same or similar diameter. (3) Derecktor of Florida will ensure that all fire hose connections at the facility are the same as those used by the outside fire response organizations expected to -,ise fire response equipment at the facility. (4) Derecktor of Florida will maintain all fire protection equipment including fire extinguishers, fire hose connections, and fixed fire protection systems, including sprinkler systems, in a state of readiness. Q. Training: (1) Derecktor of Florida will train current employees in the application requirements of this fire protection plan. (2) Train new employees upon initial assignment. (3) When necessary to maintain proficiency of employees previously trained. (4) On fire wami.-igs and evacuation routes both primary and seconday. (5) Location for gathering following a fire warning and/or evacuation. (6) General principles of using extinguishers and/or water hoses, and the hazards of fighting "incipient stage fires". (7) Designated employees will be trained in the use of, or activation of fixed and portable fire fighting systems. R. Additional training requirements for fire watch duty: (1) Employees that are assigned fire watch duties must be trained in: (a) Basics of fire behavior, the different classes of fires and extinguishing agents, and methods for extinguishing fires. (b) Use of fire extinguishers and/or water hoses on incipient stage fires. (c) Recognition of adverse health effects that may be caused by exposure to fires. (d) The physical characteristics of the hot work area. (e) Hazards associated with fire watch duties. (f) Use of equipment needed to perform fire watch duties. (g) Selection and use of any fire extinguishers and/or water hoses used by fire watch personnel. (h) The means of communication designated by Derecktor of Florida for fire watch duty. (i) When and how to give fire alerts and warnings. 0) The evacuation routes. (2) Alerting others and exiting the premises when: (a) When the fire watch perceives an unsafe condition. (b) The fire watch personnel perceives that a worker performing hot work is in danger. (c) Exiting in the event of an evacuation. (3) Record Keeping: (1) Derecktor of Florida will keep records that demonstrate that employees have been trained in accordance with the fire protection plan. (a) Records will include the employee's name, trainer's name, the type of training, and the date the training took place. (b) These training records will be maintained in a file for(1) year from the date of training, or until it is replaced by a new training record, whichever is shorter and make it available for inspection and copying by OSHA on request. 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Io - a' AS�wL' PnvEUENI - — lzzi5.01'02'48"f OFFICE OF THE MAYOR CITY OF DANIA BEACH Bach PROCLAMATION WHEREAS, Michael S. Curry, Jr. was born in Dania Beach on November 14, 1969; and WHEREAS, Michael was a highly motivated young man who held a strong belief in striving for excellence. This was reflected through his outstanding academic performance while attending Hollywood Hills High School; and WHEREAS, Michael was a hardworking and focused young man who worked at the Winn Dixie Supermarket in Dania Beach throughout his High School education because he knew that hard work would ultimately pay off, and WHEREAS, Michael's motto was "Whatever you decide to be in life, make sure you are always the best at it"; and WHEREAS, Michael began his military career in 1987 when he joined the U.S. Army after graduation from Hollywood Hills High School. He rose to the rank of First Sergeant, and received several commendations, including the Bronze Star and Meritorious Service Medal; and WHEREAS, Michael made the ultimate sacrifice for his country while serving in Afghanistan. He is survived by his wife Lucia, and their sons, Taylor and Kevin; and WHEREAS, Michael's legacy is his family, his men, and every person he touched with his infamous grin; and WHEREAS, Michael S. Curry, Jr. was a soldier's soldier, a gentleman, a hero, and a friend. He fought for our country and for our right to freedom in this great nation; NOW, THEREFORE, I, Bob Anton, Mayor of the City of Dania Beach, Florida, do hereby proclaim that the 4`" Saturday of every March will be a day of remembrance in Michael S. Curry, Jr.'s honor; a day of celebration and family events; a day to gather together and "March for Michael" ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 8, 2008 - 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 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 Presentation by BSO Chief Donn Peterson to employees of the Dania Beach Fire Department BSO Chief Donn Peterson presented a Certificate of Appreciation to employees of the Dania Beach Fire Department for rescuing a BSO Deputy recently involved in a serious automobile accident. The employees recognized were: Captain Sergio Pellecer, Captain Christopher Chandler, Paramedic Firefighter Greg Dominguez, Paramedic Firefighter Tim Harrigan, Paramedic Firefighter Alex Arreola, and Paramedic Firefighter Michael Maloney. BSO Chief Peterson reported that multi-jurisdiction corridor Operation Shining Shield was conducted in the month of December. They made a total of 370 arrests, seized 3 vehicles, took 2 guns off the streets, $4,000 in currency, 310 grams of marijuana and 110 grams of cocaine. He recognized the BSO officers who worked hard for our community during a month when criminal activity increases. Mayor.Anton advised Items 44.2 and #4.3 are continued until January 22, 2008. 4.2 Special Event Request for the Dania Beach Art & Antique Festival to be held at NW I" Avenue/Dania Beach Boulevard, or Hill Street/Grace Cafe, on January 25-27, 2008 4.3 Special Event Request for the Walk for Christ Outreach Festival to be held at Dania Beach Boulevard, west of the railroad tracks, on January 26, 2008 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Elrene Rachel Lee, 108 SE tad Avenue, pointed out that speed bumps need to be installed in Dania Beach. She is handicapped and commented that the traffic lights change too quickly before she can cross the street. Andrena B. Hurst, 222 SE 1" Street, spoke on behalf of her husband, a firefighter in Davie. She thanked the Commission for the speed bump installed on her street, but said people are still speeding. Mrs. Hurst also commented on trucks that cut though the street and knocked down the telephone lines. She questioned what would happen with the proposed Jai Alai project. Mayor Anton responded we do not know what will happen with Jai Alai. City Manager Palo advised he would meet with Ms. Hurst to discuss the plans for the area. Dan McKinney, 14 SW 6°i Street, asked how much revenue we had received from the Beach Watch Restaurant located at the Dania Pier. City Attorney Ansbro responded we receive a minimum of$8,000 per month or 8% of the gross revenues, whichever is greater. Mayor Anton suggested Mr. McKinney meet with City Manager Palo if he needed further information on this matter. Dierdre Warner, Laverne Giviens, Nerline Emmanuel, Tammy Magnum, and Celena Reeves, 1515 SW 12`h Avenue, commented on the children that come to their building to play and have sex. They indicated that the police do not respond to their calls for help. The complex, located in the College Gardens area, is run by Broward County Housing and they are not providing security services, as promised. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,January 8, 2008—7:00 p.m. Mayor .Anton suggested they talk to BSO Chief Peterson. He noted we have no control over the management of their building, and they should contact an attorney. Mayor Anton asked the City Manager to contact Broward County Housing to discuss the issues. Vice-Mayor Jones suggested Derrick Hankerson, vice-president of the College Gardens Neighborhood Association, speak with the City Manager to address the issues. Commissioner Flury noted the management company has not been responsive for a long time. We should write to the County and complain that the company is not doing theirjob and should be replaced. Caitlin McCluskey, 814 NW 10`h Avenue, noted she and her family and the Melaleuca Gardens Homeowners' Association started a holiday fundraiser to raise funds to help residents at the Cerebral Palsy Adult Home (Woodhouse I). She advised that donations can be dropped off at their address, or mailed to: 1405 NW 10°i Street, Dania Beach 33004. Ms. McCluskey encouraged everyone in the community to show their support for a very good cause. Sandra Mitzel, 1410 Argonaut Isle, spoke regarding her involvement with the Paul De Maio Library, and the condition of the old building in which it is housed. She indicated the new library would need more parking, and she advocated the purchase of 109 Park. Mayor Anton discussed Item #11.1 after Citizen Comments. 7. Consent Agenda Items removed from Consent Agenda: #7.4, #7.6 7.1 Minutes Approve Minutes of the December 11, 2007 City Commission Meeting Approve Minutes of the December 13, 2007 City Commission Special Meeting Resolutions 7.2 RESOLUTION #2008-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE IN AN AMOUNT NOT TO EXCEED $52,700.00 IN FISCAL YEAR 2007-2008, FROM SMF STRETCHER UNDER BROWARD SHERIFF'S OFFICE REP 5-3-8-049; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2008-012 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF LOADING, HAULING AND DISPOSAL SERVICES FROM DRD ENTERPRISES SERVICES INC. IN AN AMOUNT NOT TO EXCEED $12,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, January 8,2008—7:00 p.m. 7.4 RESOLUTION #2008-007 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH FLORIDA BLACKTOP, INC. FOR TRAFFIC CALMING DEVICES IN THE SOUTHEAST SECTION OF THE CITY FOR AN AMOUNT NOT TO EXCEED $35,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42008-007. Commissioner Castro was concerned about how and where the speed humps are placed. She questioned if we could have another study conducted before they are installed in the southeast section of the City. She noted the people living on the east side of her neighborhood did not get any speed humps, while her area got too many. She asked if one of the speed humps in her neighborhood could be moved because they are too close to each other. Dominic Orlando, Public Services Director, will look into the problem. Mayor Anton thought the placement of the speed humps in their neighborhood was poorly designed. Vice-Mayor Jones asked Director Orlando to consider adding another speed hump in the southwest area on Phippen-Waiters Road. Commissioner Castro motioned to adopt Resolution #2008-007; 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 7.5 RESOLUTION #2008-008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR REPLACEMENT OF A WATER MAIN ON THE FEDERAL HIGHWAY DANIA CUTOFF CANAL BRIDGE; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY- FIVE THOUSAND TWO HUNDRED FIFTY DOLLARS ($25,250.00) PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2008-009 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR THE WATER MAIN UPGRADE 2008 PROJECT, SUCH SERVICES NOT TO EXCEED FIFTY ONE THOUSAND ONE HUNDRED FIFTY FIVE DOLLARS ($51,155.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, January 8,2008—7:00 p.m. City Attorney Ansbro read the title of Resolution#2008-009. Commissioner Flury questioned a section in the proposal submitted by Calvin Giordano relating to additional fees. Commissioner Flury would like Finance Director Varney to figure out a limit on the figures that would trigger a review. Dominic Orlando, Public Services Director, clarified for the record that any additional fees would have to be submitted in a separate proposal that would require approval from staff and the Commission respectively. Commissioner Flury motioned to adopt Resolution #2008-009; 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 7.7 RESOLUTION #2008-010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; APPROVING AMENDMENT NO. 1 TO PROVIDE FOR ENGINEERING SERVICES DURING CONSTRUCTION (GROUND STORAGE AND HIGH SERVICE PUMPS PROJECT) WITH CAMP, DRESSER AND MCKEE IN THE AMOUNT OF $73,26L00; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2008-011 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR A LIGHTING PROJECT (AT SW 53"11 COURT) IN CONNECTION WITH THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED FOURTEEN THOUSAND FIVE HUNDRED DOLLARS ($14,500.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2008-016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $16,000.00; PROVIDING FOR CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2008-017 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE DIESEL FUEL IN AN AMOUNT NOT TO EXCEED $122,200.00 IN FISCAL YEAR 2007-2008, FROM BV OIL UNDER SOUTHEAST FLORIDA GOVERNMENTAL, COOPERATIVE GROUP RFP 406-A- 098; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, January 8, 2008 —7:00 p.m. 7.11 RESOLUTION 42008-018 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN THE BROWARD COUNTY PROPERTY APPRAISER AND THE CITY OF DANIA BEACH TO PROVIDE SERVICES FOR NON-AD VALOREM ASSESSMENTS (SOLID WASTE, FIRE, AND STORMWATER), UTILIZING THE UNIFORM NON-AD VALOREM ASSESSMENT METHOD UNDER FLORIDA STATUTES SECTIONS 197.3631 THROUGH 197.3635; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances- (Titles read by City Attorney) 7.12 ORDINANCE#2008-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.13 ORDINANCE#2008-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART XII, ARTICLE 5, SECTION 3) AND SECTION 2-10 OF THE CITY CODE OF ORDINANCES TO CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE, FROM FIFTEEN THOUSAND DOLLARS ($15,000.00) UP TO AND INCLUDING THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00); PROVIDING FURTHER CLARIFICATION OF SPENDING LIMITS IN SECTION 2-10; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Item #7.4 and #7.6; 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 Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-026 Continued until January 22, 2008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC.,TO REZONE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN 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 R-IC (SINGLE FAMILY RESIDENTIAL), TO PRD-I (PLANNED RESIDENTIAL DEVELOPMENT); 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 #2007-026, Ordinance 42007-027 and Resolution #2008-006 because they involve the same property. Mayor Anton noted that the applicant requested a continuance until the January 22, 2008 City Commission meeting at 7:00 p.m. Mayor Anton opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearings. Commissioner Bertino motioned to continue Ordinance #2007-026, Ordinance #2007-027 and Resolution #2008-006 until the January 22, 2008 City Commission meeting at 7:00 p.m.; 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 #2007-027 Continued until January 22, 2008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER, TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR THE "IPPOLITO ISLE PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 251 ' AVENUE, SOUTH OF GRIFFIN ROAD, 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 "IPPOLITO ISLE PLAT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. 9.3 RESOLUTION #2008-006 Continued until January 22, 2008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25Tn AVENUE AND SOUTH OF GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 on these matters. 9.4 ORDINANCE 42008-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SAM JAZAYRI, PRESIDENT OF 36TH STREET ACQUISITION, INC., FOR THE "LAKEVIEW INDUSTRIAL PARK PLAT", SUCH PROPERTY BEING LOCATED AT 2400 COLLINS ROAD (SW 361 ' STREET) (SOUTH SIDE OF COLLINS ROAD, WEST OF THE FORT LAUDERDALE HOLLYWOOD INTERNATIONAL AIRPORT), 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 "LAKEVIEW INDUSTRIAL WAREHOUSE PLAT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2008-002, Resolution #2008-001, and Resolution #2008-002 because they involve the same property. Mayor Anton opened the Public Hearings. Peter Gallo, Engineer, representing 36°i Street Acquisition, Inc., was available to answer questions. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearings. Commissioner Flury motioned to adopt Ordinance #2008-002 on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mavor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.5 RESOLUTION #2008-001 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY SAM JAZAYRI, PRESIDENT OF 361 ' STREET ACQUISITION, INC., FOR A SPECIAL EXCEPTION TO ALLOW DISTRIBUTION ACTIVITIES IN AN IROM (INDUSTRIAL RESEARCH OFFICE MARINE) ZONING DISTRICT, FOR PROPERTY LOCATED AT 2400 COLLINS ROAD, (SOUTH SIDE OF COLLINS ROAD, WEST OF THE FORT LAUDERDALE HOLLYWOOD INTERNATIONAL AIRPORT) IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. Commissioner Flury motioned to adopt Resolution #2008-001; 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 #2008-002 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST AND PERVIOUS AREA WAIVER SUBMITTED BY SAM JAZAYRI, PRESIDENT OF 361.. STREET ACQUISITION, INC., FOR PROPERTY LOCATED AT 2400 COLLINS ROAD (GENERALLY LOCATED ON THE SOUTH SIDE OF COLLINS ROAD, WEST OF THE FORT LAUDERDALE HOLLYWOOD INTERNATIONAL AIRPORT) IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flury motioned to adopt Resolution #2008-002; 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 #2008-003 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY DENNIS MAIER, OWNER OF MR. M'S SANDWICH SHOP FROM ARTICLE V OF THE ZONING APPENDIX ("OFF-STREET PARKING"), FOR PROPERTY LOCATED AT THE VACANT LOT EAST OF 1975 STIRLING ROAD, DANIA BEACH: PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42008-003. Mayor Anton opened the Public Hearing. Dennis Maier, owner of Mr. M's Sandwich Shop, was available to answer questions. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Corinne Lajoie, AICP, Principal City Planner, advised that the Planning and Zoning Board recommended approval of the variance request with the following conditions: 1) The applicant and his family must own Mr. M's business; 2) The applicant must maintain the lease with the property owner. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. Vice-Mayor Jones motioned to adopt Resolution #2008-003, with conditions; 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 9.8 RESOLUTION #2008-004 Continued until January 22, 2008 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 12, ARTICLE III, SECTION 12-52, FOR PROPERTY LOCATED AT 801 NE 3"D STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-004 and Resolution #2008-014 because they involve the same property. Mayor Anton noted the applicant requested a continuance until the January 22, 2008 City Commission meeting at 7:00 p.m. Mayor Anton opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearings. Commissioner Castro motioned to continue Resolution #2008-004 and Resolution #2008- 014 until the January 22, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mavor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.9 RESOLUTION #2008-014 Continued until January 22, 2008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, 9.10 RESOLUTION #2008-015 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHNNY FILION FROM BROWARD COUNTY CODE OF ORDINANCES, ARTICLE XIX MOBILE HOME DISTRICTS, SECTION 39-330, "YARDS AND SEPARATION', FOR PROPERTY LOCATED AT 2691 SW 54T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-015. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. Corinne Lajoie, AICP, Principal City Planner, explained the location of the mobile home within the Estates of Fort Lauderdale. The request is to build a carport 6 inches from the side property line. She noted the Planning & Zoning Board recommended approval. Ms. Lajoie confirmed no complaints have been received from the adjoining neighbors. 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 Resolution #2008-015; 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 Mavor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro commented she has received several complaints on the City's new phone system. She asked City Manager Palo to look into this matter because we must provide our residents with access to a "person" not voice-mail. Commissioner Castro commended the Estates of Ravenswood on the grant they received to hurricane proof the homes in the neighborhood. She thanked the Community Development staff for their cooperation with the application of the grant. Commissioner Castro noted that Clare Vickery is still looking for volunteers to sponsor the Arts and Antiques Festival to be held January 25-27, 2008. She encouraged everyone to attend this cultural event. Commissioner Castro would like to have a status report on the art in the Atrium by the next Commission meting. She reiterated her previous suggestion to contact the Art Institute of Fort Lauderdale to try to do a contest. Commissioner Castro further suggested contacting Dania Beautiful to start doing fundraisers to introduce art in public places. Commissioner Castro advised that the Martin Luther King, Jr., banquet would be held on Friday, January I I1h at DCOTA. The parade will take place in the morning of January 18`h. She invited the community to participate in this event. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. Commissioner Castro noted that Broward County will soon be having a public hearing at the African-American Library regarding the proposed People Mover at the seaport. She thought Dania Beach businesses would be affected by this project and urged people to contact their County Commissioners and let them know their concerns. Commissioner Castro commented on the umbrellas and chairs that are for rent from the Pier Restaurant. She objected to the way they are placed because they prevent beachgoers from finding a spot to sit. She would like to see a better layout that will make our beach look nicer. Dominic Orlando, Public Services Director, confirmed for Commissioner Castro that the work being done on SW 2"d Avenue and Sheridan Street was not yet complete. He noted that there will be a curb on Sheridan Street to identify that traffic cannot go through and make a left turn heading south. Director Orlando clarified that this was an FDOT right-of-way. 10.3 Commissioner Flury Commissioner Flury suggested the umbrellas remain unopened until they are actually rented. Commissioner Flury thanked BSO Chief Peterson for his work in the southwest area. Commissioner Flury noted the signs for the Martin Luther King, Jr. Banquet have no information. She suggested including a contact phone number to help interested persons. Commissioner Flury commented that when we start working on the Linear Park project, we need to look at the bicycle path on the west side of 5'h Avenue. The overgrown grass and weeds are forcing cyclists to use the road. Commissioner Flury noted tonight is Director Leeds' last meeting. She wished him well and thanked him for everything he has done for the City. 10.4 Vice-Mayor Jones Vice-Mayor Jones advised he will attend the Martin Luther King, Jr., Banquet on January I I"'. Vice-Mayor Jones noted the Intermover transportation referred to by Commissioner Castro will also be used for the academic village at Broward Community College-Nova Southeastern University. He pointed out we need to look at this project closely to see what the outcome will be. Vice-Mayor Jones commented the South Florida Water Management District will have a meeting dealing with ocean outfall. He indicated the proposed project would affect our City and that we need to watch its progress. Vice-Mayor Jones noted the Curry family would like a proclamation asking for a day in honor of Sgt. Michael Curry. Jr., on the 4`h Saturday of March. The family will raise funds for the event, Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. which will be a fun day at one of the parks. He will work with the City Clerk on the preparation of the proclamation. Vice-Mayor Jones thanked Director Leeds for his sound advice over the years and wished him luck and success in his new endeavors. Commissioner Castro echoed her fellow-Commissioners comments and thanked Director Leeds for always finding the time to listen to people. He will be sorely missed. She wished him the best of luck. 10.5 Mayor Anton Mayor Anton commented on the proposed expenditure the County is projecting for the People Mover system to shuttle people to and from the seaport and airport, as well as the airport expansion. The County is also talking about a flyover on Interstate 595 (Port Everglades Expressway) which is probably a good idea and will not impact our City. Mayor Anton commented Director Leeds has done an excellent job for the City. He wished him well and thanked him for his guidance and advice. 11. Discussion and Possible Action Item #11.1 was discussed after Citizen Comments. 11.1 Possible acquisition of 109 Park Property (Mayor Anton) Mayor Anton noted that after several weeks of negotiations, Mr. Israel Kushnir signed a contract to sell the property to the City for S2.75M, as long as we close by March 31, 2008. The purchase would require an ordinance and two public hearings. He asked the rest of the Commission for their thoughts on this matter. Commissioner Castro thought we needed to move forward with the purchase of 109 Park. She noted Mr. Kushnir had brought the price down considerably. Commissioner Castro suggested we RFP the property for a parking garage and mixed use, which would put the property back on the tax roll. She indicated we hope that Broward County will help with construction costs. The total cost for the library and parking garage is SUM. Commissioner Castro stated that in order to save taxpayer money, and have a better plan in place, she supports purchasing the property as soon as possible. Vice-Mayor Jones is not opposed to a library, but he will not move forward because of the cost. He would like an appraisal of the property to see if it is worth $2.75M, and then negotiate. Vice- Mayor ,Tones noted he needs to be convinced that it is worth the price. He would like to move forward with the library but be cautious at the same time. Vice-Mayor Jones thought a feasibility study should be conducted before any further action is taken. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,January 8, 2008—7:00 p.m. Mayor Anton noted the number of appraisals already received: $8.60M on January 7, 2006; $3.9M on December 1, 2006; $1.910M on December 6, 2006; $1.76M on November 27, 2006; $3.175M on May 31, 2007; and $3.650M on June 11, 2007. He noted that since then the City changed the zoning and there are entitlements that go along with the property. He indicated that Mr. Kushnir's bottom line is $2.75M, which is a high price, but we do no have much of an alternative. This is our last opportunity to purchase the property. Mayor Anton advised the required ordinance could pass with a vote of three Commissioners. Commissioner Castro noted that the cost for a library and parking garage on the City Hall site is $8.75M. The Bond would cover some of the costs for the library and parking garage, but not the acquisition of property. She emphasized we cannot build a library without a parking garage. Commissioner Castro pointed out that to purchase 109 Park and build the library is cheaper, and provides a nicer plan. She commended Mayor Anton for conducting the negotiations with Mr. Kushnir. She encouraged her fellow Commissioners to support purchasing the property. Commissioner Bertino thought the 109 Park parcel would be a good addition to the City campus, however, we need to look at the history of the property. He commented the real estate business is as bad as it was during the depression. Commissioner Bertino was in favor of the library, but pointed out that we still do not know how much money the County will give us. We need another appraisal of the property, done by the City, because property prices have gone down. Once we have the results of the appraisal, we should move forward with negotiations with a view to acquiring the property. Commissioner Flury commented we will never have a library without this property. She reminded the Commission that they asked the Mayor to negotiate with Mr. Kushnir, and he did. Commissioner Flury noted that an average of all the appraisals is approximately $3.6M. This is one opportunity for redevelopment in our City because we can control it. She was fully supportive of purchasing the property. Mayor Anton stated he supports the acquisition of the property because he believes this is the lowest price we will get. He said he will not vote for a parking garage on the City Hall site. Mayor Anton noted that after discussions with the Finance Director, we concluded that we can do this without a significant impact to our debt level. We definitely cannot use bond money to purchase the property. He indicated that effective March 31" additional costs will be associated with the purchase of the property. Vice-Mayor Jones clarified that he was not against the library. He indicated that there are other available properties in the City and we may need to negotiate somewhere else. Vice-Mayor Jones commented he had talked with Collins, Jones and Davis, adjoining property owners who are willing to sell their properties. These properties are west of the railroad tracks which would expand our Enterprise Zone. It would not be a problem for people to shuttle to the Library. Commissioner Bertino commented that the Commissioners, as well as the residents of Dania Beach, want a library but we need to look at other options. He added that a Tri-Rail station could be coming and we could possibly purchase additional property with them and have Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, January 8, 2008 -7:00 p.m. additional parking. Commissioner Bertino asked the Mayor for the City Attorney to talk regarding getting another appraisal. City Attorney Ansbro advised that another appraisal would cost approximately $4,000. Commissioner Bertino suggested we move forward with another appraisal. Commissioner Flury and Commissioner Castro both objected to another appraisal. They thought we already spent $10,000 on appraisals and that is why we asked the Mayor to negotiate. Commissioner Bertino pointed out that appraisals are good for only 6 months, and our appraisals are a year old. Mayor Anton stressed the fact that it doesn't matter what the appraisal shows, this is the cost of the property. This property is directly adjacent to City Hall and this is what we need for the parking garage. Commissioner Bertino thought we should have City Manager Palo look at other parcels in close proximity to City Hall. Mayor Anton suggested we compromise with the company who conducted the last appraisal who are willing to update it for $3,750. We will get the appraisal and at the same time we will have City Attorney Ansbro draft the ordinance for the purchase of the property. He would like the first public hearing to be scheduled for the January 22"d Commission Meeting. Commissioner Castro thought another appraisal would be a waste of taxpayer money. She opposed proceeding with the request for an appraisal. Commissioner Flury asked City Attorney Ansbro to look at the documents issued to the public when we promoted the bond in March 2005. We asked the residents of Dania Beach to vote for a library and parking garage to be located at the City Hall site. She thought that to consider looking for other properties anywhere else would be a breach to a promise made to the voters. Commissioner Flury opposed obtaining another appraisal. City Attorney Ansbro noted that the ballot did not specifically mentioned it had to be located on the City Hall site. However, he will research this information and report back to the Commission. Commissioner Flury reiterated it was mentioned in the promotion documents sent out to the voters. It was the consensus of the Commission to place this item on the February 12 Commission Agenda for first reading, with the second reading on February 26. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. Commissioner Bertino motioned to move forward to expend up to $4,000 for an updated appraisal; seconded by Vice-Mayor Jones. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro No Mayor Anton Yes Commissioner Flury No The Consent agenda was heard after Item #11.1 Item #11.2 was heard after Commissioner Comments. 11.2 M.O.S.T. 2008 Grant Application with Children's Services Council of Broward County (City Manager) City Manager Palo stated it is a disappointment to have missed the deadline to apply for the 2008 M.O.S.T. grant to provide summer camp for our children. Colin Donnelly, Assistant City Manager, apologized for not getting the application in on time. He noted we have three different options, with option "C" as the preferred option. He explained After School Programs, Inc. submitted a Children's Services Council grant application for year round services at Dania Elementary, beginning this summer. If approved, it would provide summer camp for 225 children, which exceeds the current need of 200 spots. This option would offer tutorial-style after school program provided by Time for Kids or the Children's Services Council. Vice-Mayor .Tones noted that we must find a solution to avoid this situation from occurring in the future. He thought a Grant Writing Advisory Board might have prevented this from happening. He said we need to move forward with the creation of this Board. Vice-Mayor Jones would like to bring in Memorial Health Care System to assist Assistant City Manager Donnelly with grant writing. Commissioner Castro supported the Grant Writing Advisory Board. It was the consensus of the Commission to have City Attorney Ansbro move forward in preparing the necessary documentation to create the Grant Advisory Board. The Commission generally agreed to proceed with Option "C" as proposed by Assistant City Manager Donnelly. The additional funds required would be derived from the Parks and Recreation summer camp budget. 12. Appointments There were no appointments at this meeting. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, January 8, 2008 —7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Palo noted that he had distributed a brochure from the second vending machine company to the Commission for review. He would like to test the machines that will be placed in the Atrium at City Hall for one year before signing a contract with this company. City Manager Palo indicated he negotiated a significantly higher rebate for the machines than originally proposed. He noted there will be four machines: coffee, Coke, Pepsi, and healthy snacks. He advised that the Atrium should be finished during the first ten days in February. City Manager Palo also commented that he has been working with Clare Vickery on the art for the Atrium. It was the consensus of the Commission to move forward with the proposal submitted by City Manager Palo. Commissioner Flury commented the reception desk in the Atrium is a mistake. City Manager Pato noted there will be a BSO person in the Atrium and one of our employees. Commissioner Bertino suggested looking at elementary schools for art and giving them a permanent location at City Hall to be decorated two or three times during the year. He thought the Receptionist in the Atrium would help people know where to go inside City Hall. City Manager Palo felt that the Receptionist in the Atrium would look more professional. Vice-Mayor Jones indicated that we definitely need somebody in the Atrium, but suggested that we may want to rotate staff. He would like the Commissioners' pictures to be placed on the elevator shaft wall. Mayor Anton agreed on the Reception area being located in the Atrium. The Commission consensus was to have the Reception area placed in the Atrium. 13.2 City Attorney City Attorney Ansbro thanked Director Leeds on his behalf and on behalf of all department heads, for his dedication, professionalism, and many contributions to the City. 13.3 City Clerk— Reminders Wednesday, January 9, 2008 — 6:00 p.m. CRA Board Meeting Wednesday, January 9, 2008 —6:30 p.m. City Commission Workshop Tuesday, January 22, 2007 — 7:00 p.m. Regular City Commission Meeting Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, January 8, 2008—7:00 p.m. 14. Adjournment Mayor Anton adjourned the meeting at 10:13 P.M. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, January 8, 20D8—7:00 p.m. MINUTES OF WORKSHOP / DANIA BEACH CITY COMMISSION WEDNESDAY, JANUARY 9, 2008 - 6:30 P.M. 1. Call to Order Mayor Anton called the Workshop to order at 7:20 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert C. Jones Commissioners: John Bertino Anne Castro Patricia Flury Asst. City Manager: Colin Donnelly City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: City Manager: Ivan Pato 3. Presentation by James E. Gilgenbach: Proposed 140 room 5-story hotel (Cambria Suites) on property located north of the approved Valguard Self-Storage Facility. Scott Backman, Attorney with Siegel, Lipman, Duney, Shepard and Miskel, representing James Gilgenbach, Architect for the project, noted the location of the proposed hotel. The Cambria Suites is part of the Choice International Hotel chain. The proposed hotel is an all-suite hotel. He confirmed they will be constructing SW 19`h Court. Laurence Leeds, AICP, Director of Community Development, noted the road currently does not exist it is only a paper street. He explained that if Valguard does not build the road, this developer will have to build the entire road as a requirement for issuance of a building permit. He noted the applicant has indicated that it is their desire to install a pole sign; City Code allows a pole sign which will not exceed 50 feet in height and 48 square feet in area, provided the hotel contains 80,000 square feet under air and is no greater than 1,000 feet from I-95. He indicated they may also need a parking variance. Director Leeds further noted the project is consistent with the zoning and land use. Commissioner Castro was concerned with the number of hotel projects being developed in that area. She questioned if they had conducted a market study to ensure this will be a profitable venture. Attorney Backman advised this is an upscale hotel designed to cater to the traveler. He noted that with the proposed expansion of the airport, this is the type of hotel designed for that market. Attorney Backman responded that he did not believe there would be a problem in advertising that the hotel is in Dania Beach. Commissioner Castro suggested that it be a requirement for future hotel projects to advertise their location as Dania Beach. Attorney Backman responded for the Commission that there would be a restaurant, bar and lounge on the first floor of the hotel. He confirmed they will be requesting a parking variance, and they will offer shuttle service to and from the Fort Lauderdale-Hollywood International Airport. Attorney Backman indicated that they will also be requesting a variance for the sign height and size. The general consensus of the Commission was to move forward with the project. Commissioner Flury noted tonight's CRA Director interviewee did not have the depth of knowledge that we are looking for in the position. She asked the Commission if they wanted additional interviews in February. Commissioner Flury suggested having Director McDonald obtain references and possibly a background check on Jeremy Earle and in the meantime try for other interviews in February. Commissioner Castro thought that if the references were strong enough, maybe we could start negotiations with Mr. Earle. 4. Adjournment Mayor Anton adjourned the Workshop at 7:42 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 2 Dania Beach City Commission Wednesday, January 9,2008—6:30 p.m. Law"_ FLORIDA LEAGUE OF CITIES, INC. MEMORANDUM To: Members of Florida League of Cities, Inc. From: Rebecca O'Hara, Director Legislative Affairs Date: December 20, 2007 Re: Request for Resolution The FLC Board of Directors adopted an initiative to enhance the Legislature's awareness of the League's priority issues. This plan calls on each of Florida's 412 cities to adopt a resolution that supports the League's key priority issues. These key issues were adopted by the League membership at the recent Legislative Conference and address Affordable Housing, Environmental Permits, Growth Management, Local Business Taxes, Local Government Pension Plans, Mobile Home Park Closures, Municipal Indebtedness, Property Tax Reform, Transportation, and Water. Enclosed is a draft resolution that we are asking your city to adopt at the next available council/commission meeting. Please send copies of your adopted resolution to Governor Charlie Crist, Senate President Ken Pruitt, Speaker of the House Marco Rubio, your local legislative delegation and to the Florida League of Cities no later than Friday, February 22, 2008. Also enclosed are a list of addresses for the Governor, Senate President, and Speaker of the House. In addition, we have enclosed a directory so that you may identify legislators whose districts include your city. A Microsoft Word version of this resolution is available on the League's website under Legislative/Advocacy at: www.flcities.com. If you have any questions or require additional information, please contact Rikkia Rellford at the Florida League of Cities at (850) 701-3653. Thank you for your assistance. Enclosures 301 South Bronough, Suite 300 • Post Office Box 1757 • Tallahassee, FL 32302-1757 Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850)222-3806 • Internet www.flcities.com Please send a copy of your City's resolution to the following no later than Friday, February 22, 2008 The Honorable Charlie Crist Governor, State of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, Florida 32399-0001 Phone: (850) 488-4441 Fax: (850) 487-0801 The Honorable Ken Pruitt President of the Senate Suite 409, The Capitol 404 South Monroe Street Tallahassee, Florida 32399-1100 Phone: (850) 487-5229 Fax: (850) 487-5844 The Honorable Marco Rubio Speaker of the House of Representatives Suite 420, The Capitol 402 South Monroe Street Tallahassee, Florida 32399-1300 Phone: (850) 488-1450 Fax: (850) 487-1456 Your House and Senate Members See attached directories for mailing information Rikkia Rellford, Assistant to the Legislative Director Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, Florida 32302-1757 Phone: (850) 701-3653 Fax: (850) 222-3806 RESOLUTION 2008-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as Florida's population continues to increase, cities are challenged to meet the service demands and infrastructure needs to account for new growth; and WHEREAS, a majority of Florida's municipalities are challenged to meet the increasing infrastructure, affordable housing, transportation, and water quality needs of their citizens; and WHEREAS, the state has imposed greater accountability in comprehensive planning and fiscal feasibility standards on municipalities; and WHEREAS, Florida's municipalities are dependent on other governmental entities for financial stability and presently the state, counties, and school districts, control every funding source that has been authorized for implementing growth management capital improvements and complying with concurrency requirements; and WHEREAS, municipal self-determination and local self-government are constantly under attack from a variety of public and private interests; and WHEREAS, the role and function of municipal government is constantly evolving from new demands from its citizens and businesses; 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 urges Governor Charlie Crist and members of the Florida Legislature to support legislation that: • Reauthorizes the affordable housing trust funds, preserves the documentary stamp fee as the trust funds' funding source and removes the legislative cap on fund distribution; • Enhances public notice of and participation in state environmental permitting processes; • Fully funds state growth management mandates and provides municipalities with state and local option revenue sources to meet financial feasibility requirements and infrastructure demands; • Allows municipalities and counties to reclassify businesses, professions, and occupations and establish new rate structures for local business taxes on a periodic basis; • Enhances municipal control over municipal employee pension plan management and funding; • Preserves and protects property rights of mobile home owners, when mobile home parks are rezoned, but not in a manner that requires removal costs to be the responsibility of local governments; • Broadens municipal home rule and other authority to issue tax-increment financed bonds and other forms of indebtedness without approval by referendum; • Provides an equitable, dedicated and recurring revenue source for municipal transportation projects and opposes legislation that transfers or diverts state transportation trust fund revenues to balance the state budget; • Prohibits the Florida Department of Transportation from eliminating, deferring, or delaying capacity improvement projects contained in the 5-year Work Plan when it negatively impacts the comprehensive plan of the local government; • Authorizes the use of electronic traffic infraction detectors at traffic intersections; and • Maintains or increases funding of the state Water Protection and Sustainability Trust Fund. Section 2. That the City Clerk is directed to distribute certified copies of this Resolution to Governor Charlie Crist, Senate President Ken Pruitt, House Speaker Marco Rubio and the members of the Florida Legislature. 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 2008. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 7 'gel RESOLUTION NO. 2008-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING UP TO A SIX MONTH EXTENSION OF PAID MILITARY LEAVE FOR EMPLOYEE PETER HENG; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 2006-042 authorizes the City Commission to extend paid military benefits to City employees for a period of six months; and WHEREAS,the City of Dania Beach has been notified that Fire Inspector Peter Heng's tour of duty has been extended through at least March 8, 2008 requiring an extension of the approval of the foregoing originally granted to Mr. Heng; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City will continue to pay the difference between Peter Heng's regular City base pay and the salary received from the military service while on duty. Section 2. That the City will continue to subsidize Peter Heng's health insurance premium through the period described above. Section 3. That all resolutions or parts of resolutions in conflict 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 2008. BOB ANTON ATTEST: MAYOR COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY CITY OF DANIA BEACH Agenda item # /• Agenda Request Item Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action `(Idenfity appropriate Action or Motion), ADOPT RESOLUTION TO PURCHASE VEHICLE FROM BRIGGS EQUIPMENT UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT Why Action is Necessary TO ALLOW PURCHASE OF NEEDED SKID STEER LOADER FOR PUBLIC SERVICES DEPARTMENT What Action Accomplishes ALLOWS PURCHASE AT BID PRICING Purchasing Requests ONLY Dept: 4101 Public Services Streets Acct#: 301-4101-541.64-30 Amt: $49,986.40 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X Summary Explanation/Background SEE MEMO Fiscal Impact/Cost Summary Exhibits Attached" RESOLUTION MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 cxaee_ , Authorized,Signatures Submitted by Leo Williams Date 01/14/08 Department Director Dominic Orlando Date 01/14/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/14/08 City Attorney Thomas J. Ansbro Date 01/14/08 City Manager Ivan Pato Date 01/15/08 User Creating Item Item Name (do not use/or\in name) Leo Williams AGENDA REQUEST SKID STEER 01-22-08 City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $49,986.40 FROM BRIGGS EQUIPMENT, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that such a purchase can be made for the Public Services Department for a skid steer loader at the least cost to the City from Briggs Equipment under the Florida Sheriff's Office contract in the amount of$49,986.40; and WHEREAS, the Commission approved in the FY 2008 budget the purchase of the vehicle in the amount of$50,000.00; 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 $49,986.40 to Briggs Equipment for the purchase of a Case 430 Skid Steer Loader, funded under the Capital Projects Fund. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 12008. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-024 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent DATE: January 14, 2008 RE: Case 430 Skid Steer Loader Introduction and Background The City Commission approved in the FY 2008 budget the purchase of the skid steer loader in the amount of $50,000.00. The City is currently using a 1979 Skid Steer Loader that is used basically only at the compound because of age and maintenance problems. The need for a replacement to address regular work loads as well as emergency needs has been well established the past few years. Staff is recommending approval of an amount of $49,986.40. Recommendation It is recommended that the City Commission approve a resolution to purchase a Skid Steer loader in the amount of$49,986.40 and authorize the City Manager to execute the documents. CITY OF DANIA BEACH Agenda Item # 744 r Agenda Request Item Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion)' APPROVE RESOLUTION TO PURCHASE VEHICLE FROM ATLANTIC TRUCK CENTER UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT Why Action is Necessary TO ALLOW PURCHASE OF DUMP TRUCK FOR PUBLIC SERVICES DEPARTMENT What Action Accomplishes PROVIDES PURCHASE AT BEST PRICE Purchasing Requests ONLY Dept: 4101 Public Services Streets Acct#: 301-4101-541.64-30 Amt: $79,966.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: X Summary Explanation/Background SEE MEMO Fiscal Impact/Cost Summary $79,966 Exhibits Attached RESOLUTION MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Leo Williams Date 01/14/08 Department Director Dominic Orlando Date 01/14/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/14/08 City Attorney Thomas J. Ansbro Date 01/14/08 City Manager Ivan Pato Date 01/15/08 User Creating Item Item Name (do not use/or\in name) Leo Williams AGENDA REQUEST DUMP TRUCK 01-22-08 City Clerk Use Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-025 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $79,966.00 FROM ATLANTIC TRUCK CENTER, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that such a purchase of a wheel loader can be made for the Public Services Department at the least cost to the City from Atlantic Truck Center under the Florida Sheriff s Office contract in the amount of$79,966.00; and WHEREAS,the Commission approved in the FY 2008 budget the purchase of the vehicle in the amount of$95,000.00; 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 $79,966.00 to Atlantic Truck Center for the purchase of a Case 621D Wheel Loader, funded from the Capital Projects Fund. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 12008. BOB ANTON MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2008-025 2 Rti City of Dania Beach AZ Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent DATE: January 14, 2008 Introduction and Background The City Commission approved in the FY 2008 budget the purchase of a Vehicle in the amount of $95,000.00. The City is replacing a 1983 trash truck already sold at auction with a new dump truck for $79,966.00. The vehicle will be purchased from Atlantic truck Center under the Florida Sheriff's Office Contract. These vehicles are indispensable when responding to emergencies as well as needed City clean up services. Staff is recommending approval of an amount of $79,966.00. Recommendation It is recommended that the City Commission approve a resolution to purchase a Dump Truck in the amount of$79,966.00 and authorize the City Manager to execute the documents. Tom, CITY OF DANIA BEACH 7 7 ��--�-,,-----1 Agenda Item # Agenda Request Item Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion) APPROVE RESOLUTION AUTHORIZING THE LOAN APPLICATION FOR $1,750,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE REHABILATION OF SANITARY LIFT STATIONS Why Action is Necessary TO PROVIDE SRF FUNDING FOR CIP PROGRAM INVOLVING REHABILATATION OF CITY'S SANITARY LIFT STATIONS What Action Accomplishes ALLOWS AWARDING OF CONTRACT TO MOVE FORWARD ON NEEDED IMPROVEMENTS Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background SEE MEMO Fiscal Impact/Cost Summary SRF FUNDING Exhibits Attached RESOLUTION MEMO LOAN APPLICATION Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Leo Williams Date 01/15/08 Department Director Dominic Orlando Date 01/15/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 01/15/08 City Attorney Thomas J. Ansbro Date 01/15/08 City Manager Ivan Pato Date 01/15/08 User Creating Item Item Name (do not use/or\in name) Leo Williams AGENDA REQUEST LS SRF LOAN AGREEMENT City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION FOR $1,750,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE REHABILITATION OF LIFT STATIONS 1, 2, 3, 6, AND 7; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for loans to local government agencies to finance the construction of wastewater facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized representative, to provide assurances of compliance with loan program requirements, and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates DEP Project No. WW7910*0 for financing of construction activities involved with the rehabilitation of Lift Stations 1, 2, 3, 6, and 7 approved in the FY-07 Capital Improvement Plan which are eligible for available funding; and WHEREAS, the City of Dania Beach, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City of Dania Beach, Florida is authorized to apply for a loan to finance DEP Project No. W W7910*0. Section 3. That the revenues pledged for the repayment of the loan are net water and sewer system revenues after payment of debt service on the City's Series outstanding obligations as noted in the loan application. Section 4. That the City Manager is designated as the authorized representative to provide the assurances and commitments required by the loan application. Section 5. That the City Manager is designated as the authorized representative to execute the loan agreement which will become a binding obligation in accordance with its terms when signed by both parties. The City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the loan agreement. Section 6. That the legal authority for borrowing monies to construct this Project is the Florida Statutes. Section 7. That all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. 2 RESOLUTION #2008-026 Section 8. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-026 Ania City of Dania Beach Department of Public Services 100 West Dania Beach Blvd - Dania Beach, FL 33004 .(954)924 3741 (954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: January 15, 2008 RE: Approval of Loan Application for State Revolving Funds for Lift Station 1, 2, 3, 6 & 7 Rehabilitation Project Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. One of these projects involves the rehabilitation of lift stations. The project was intended to be done in phases. On December 7, 2007, the City received eight bids for Phase I of the lift station rehabilitation program. This phase involves lift stations 1, 2, 3, 6 and 7. The City reviewed the project and obtained a recommendation from its design and project management consultants to award the Bid to Intercounty Engineering Inc. State Revolving Fund loans were identified in 2003 as the funding source for this project. Florida Statutes provide for loans to local government agencies to finance the construction of water facilities. In order to secure the loans, the Florida Administrative Code rules require authorization to: WWCIP—IS 1, 2, 3, 6, & 7 Loan Application 1-8-08 Page I Ania . City of Dania Beach h Beac Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 - (954)924 3741 .(954)-923-1109(fax) • apply for loans, • establish pledged revenues, • designate an authorized representative; • provide assurances of compliance with loan program requirements; and • enter into a loan agreement; and The State Revolving Fund loan priority list designates the City's lift stations as a loan fundable project for construction activities. Recommendation It is recommended that the City Commission approve a resolution for the loan application to the State Revolving Fund program for the work in the amount of $1,750,000.00, and authorize the City Manager to execute the loan documents. WWCIP—LS 1, 2, 3, 6, & 7 Loan Application 1-8-08 Page 2 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE REVOLVING LOAN PROGRAM for Point Source Water Pollution Control WW7910'0 Lift Station Rehabilitation — 1, 2, 3, 6, & 7 LOAN APPLICATION �QROIECT�IV � iu� Florida Department of Environmental Protection Bureau of Water Facilities Funding Twin Towers Office Building 2600 Blair Stone Road, MS 3505 Tallahassee, FL 32399-2400 Form 62-503.900(2) Effective Date 7-29-04 TABLE OF CONTENTS Page Number LOAN APPLICATION (1) SUBMITTAL.......................................................................................................................................... 1 (2) COMPLETING THE APPLICATION................................................................................................... 1 (3) ASSISTANCE..... ..................................................................................................................... ............. 1 PART I -ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR............................................................................................................... ............. 1 (2) AUTHORIZED REPRESENTATIVE.................................................................................................... 1 (3) PRIMARY CONTACT........................................................................................................................... 1 (4) ADDITIONAL CONTACTS.................................................................................................................. 1 (5) PROJECT NUMBER.............................................................................................................................. 1 (6) CAPITALIZATION GRANT PROJECT REQUIREMENTS................................................................ 2 (7) FINANCIAL HARDSHIP....................................................................................................................... 2 (8) DIRECT AND LEVERAGED LOANS.................................................................................................. 2 PART II-PROJECT INFORMATION A. PRECONSTRUCTION PROJECT (1) ACTIVITIES........................................................................................................................................... 2 (2) SCHEDULE............................................................................................................................................ 2 (3) COST...................................................................................................................................................... 3 B. CONSTRUCTION PROJECT (1) ACTIVITIES........................................................................................................................................... 3 (2) SCHEDULE....................................................... .................................................................................... 3 (3) COST.................. ................................................................................................................................... 3 PART III-FINANCIAL INFORMATION (1) PRINCIPAL ........................................................................................................................................... 4 (2) TERMS AND REPAYMENT............................ .................................................................................... 4 (3) ANNUAL FUNDING LIMIT................................................................................................................. 4 (4) LOAN REPAYMENT RESERVE.......................................................................................................... 4 (5) INFORMATION ON LIENS.................................................................................................................. 4 (6) ACTUAL AND PROJECTED REVENUES..... .................................................................................... 5 (7) AVAILABILITY OF PLEDGED REVENUES...................................................................................... 5 (8) LOAN SERVICE FEE....................................... ................................................................._................. 5 PART IV-AUTHORIZATION AND ASSURANCES (1) AUTHORIZATION................................................................................................................................ 5 (2) ASSURANCES.................................................. .................................................................................... 5 PART V-SUPPLEMENTARY INFORMATION SCHEDULE OF PRIOR AND PARITY LIENS............................................................................................. 8 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE............................................................ 9 SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE...................................................... 10 LISTOF ATTACHMENTS............................................................................................................................ l l Form 62-503.900(2) Effective Date 7-29-04 LOAN APPLICATION (1) SUBMITTAL. Submit the application and attachments to the Department of Environmental Protection, MS 3505, Bureau of Water Facilities Funding, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400. (2) COMPLETING THE APPLICATION. (a) This application consists of five parts: (I) ADMINISTRATIVE INFORMATION; (II) PROJECT INFORMATION; (III) FINANCIAL INFORMATION; (IV) AUTHORIZATION AND ASSURANCES; and (V) SUPPLEMENTARY INFORMATION. (b) All information provided on this application must be printed. Monetary amounts may be rounded. (c) Forms and attachments to be submitted are denoted with italic print. (3) ASSISTANCE. Completing this application may require information that can be obtained from Bureau of Water Facilities Funding staff. Please call(850)245-8358 or SUNCOM 205-8358 for assistance in completing this application. PART I - ADMINISTRATIVE INFORMATION (1) PROJECT SPONSOR City of Dania Beach Federal Employer Identification Number 59-6000-338 (2) AUTHORIZED REPRESENTATIVE (person authorized to sign or attest loan documents). Name Ivan Palo Title City Manager Telephone 954-924-6800 FAX 954-921-2604 Email ipatonaci.dania-beach.fl us Ext 3610 Mailing Address 100 West Dania Beach Blvd. Dania Beach, FL 33004 (3) PRIMARY CONTACT (person to answer questions regarding this application). Name Patricia Varney Title Finance Director Telephone 954-924-6800 FAX 954-922-5619 Email pvarney(ci.dania-beach.11.us Ext 3620 Employer City of Dania Beach Mailing Address 100 West Dania Beach Blvd. Dania Beach, FL 33004 (4) ADDITIONAL CONTACTS. If more than one additional person is to receive copies of Department correspondence, attach the information (Attachment#I). Name Frederick Bloetscher, Ph.D., P.E. Title President Telephone 239-250-2423 FAX 954-925-2692 Email h2o_marn@bellsouth.net Employer Public Utilities Management and Planning Services, Inc. Mailing Address P.O. Box 221890 Hollywood, FL 33022 Physical Address: 15 SW 5th St. Dania Beach FL 33004 (5) PROJECT NUMBER (listed on the Department's priority list). WW7910*0 (6) CAPITALIZATION GRANT PROJECT REQUIREMENTS. An Applicant may have to comply with certain Federal requirements for loans from funds that, in aggregate, are equivalent to the amount of the federal grant Form 62-503.900(2) Page 3 of 13 Effective Date 7-29-04 awarded to the Department to partially capitalize the State Revolving Fund. Please check with the Department to determine if the project is subject to such requirements. Is this project subject to special federal requirements? ❑ Yes ® No If this project is subject to special federal requirements complete an EPA Preaward Compliance Review Report and attach in Part V,List of Attachments. (Attachment# �. (7) FINANCIAL HARDSHIP. To qualify for a financial hardship loan the affordability index of a small community to be served by the project shall be less than 100. A small community is a municipality or unincorporated community with a total service area population of 20,000 or less as of the most recent decennial census. Please check with the Department to determine if the project qualifies for a financial hardship loan. Does the loan qualify for financial hardship consideration? ❑ Yes ® No (8) DIRECT AND LEVERAGED LOANS. A local government project sponsor that receives a loan from proceeds of bonds issued by the Florida Water Pollution Control Financing Corporation will be subject to certain limitations resulting from the tax exempt status of such bonds. Please check with the Department to determine if the loan is subject to such limitations. Is this loan subject to the special leveraged loan limitations? ❑ Yes ® No PART II — PROJECT INFORMATION If you are applying for a loan to plan and design a project that will involve construction, complete only Subpart A below. If you are applying for a loan to construct a project that is already planned and designed, complete only Subpart B below. A. PRECONSTRUCTION PROJECT - Information should be provided for each separate facility to be planned and designed as appropriate. For design/build projects or those where multiple facilities, segments, or phases are involved, please attach information for activities, schedule, and cost for each. (Attachment #see Facilities Plan submitted previously) (1) ACTIVITIES. Attach a brief description of the scope of planning and design activities to be financed by this loan. Include a list of any specialized studies to be performed. (Attachment#2) Are these activities the same as those scheduled on Request for Inclusion Form? ® Yes ❑ No. If"No", please explain. (Attachment # ) (2) SCHEDULE. (a) Provide proposed completion dates for the items. (Please call Department staff to discuss time frames needed to complete required tasks.) Planning documentation complete Engineering work complete Certification of site availability complete Permit n/a (b) Do you anticipate that an interlocal agreement with another party will be necessary to ❑ Yes ® No implement the project? If"Yes", please explain. (Attachment# ) (c) Is this a designibuild project? ❑ Yes ® No (3) COST. Is the cost information submitted for the preconstruction loan priority list ® Yes ❑ No current? If "No", please explain and submit revised cost information using the Form 62-503.900(2) Page 4 of 13 Effective Date 7-29-04 appropriate page of the Request for Inclusion Form. (Attachment # ) Note that the disbursable amount will be limited to the priority list amount. PRECONSTRUCTION LOAN APPLICANTS PROCEED TO PART III. B. CONSTRUCTION PROJECT (1) ACTIVITIES. (a) Attach a brief description of construction activities to be financed by this loan. Include a list of the construction contracts (by title) corresponding to the plans and specifications accepted by the Department (Attachment#2). Are these contracts the same as those scheduled on the Request for Inclusion Form? ® Yes ❑ No If"No",please explain. (Attachment# ) (b) Have any of the contracts been bid? ® Yes ❑ No If"Yes", indicate which contracts have been bid. (Attachment# ) (c) Was the planning and design for this project financed with a preconstruction loan? ® Yes ❑ No If"Yes", give the preconstruction loan number. (d) Does this project involve an interlocal agreement with other local governments or other ❑ Yes ® No entities? If"Yes", attach a copy of the Department letter accepting the interlocal agreement. (Attachment # ) Is the interlocal agreement, as accepted by the Department, fully executed and ❑ Yes ❑ No enforceable? If"No",please explain (Attachment# ). (2) SCHEDULE. (month and year) (a) What is the estimated date for the start of construction? 3/2008 (b) What is the estimated date for construction completion? 6/2009 (c) What is the date for start up of the facilities? 6/2009 (3) COST. Is the cost information submitted for the priority list current'? ❑ Yes ® No If "No", please explain and submit revised cost information using the appropriate page of the Request for Inclusion Form. (Attachment # ) Note that the disbursable amount will be limited to the priority list amount. Form 62-503.900(2) Page 5 of 13 Effective Date 7-29-04 PART III - FINANCIAL INFORMATION Please check with the Department to establish estimates of the capitalized interest rate, project useful life for financial hardship loans, financing rate, pledged revenue coverage, limitations on annual loan amounts for large projects, applicability and amount of repayment reserves, amount of the loan service fee and any other information needed to complete this form. (1) PRINCIPAL. The requested amount of the loan,excluding capitalized interest is $1,750,000 incl bid & Contingency The estimate of the capitalized interest is $0 based on a financing rate of % Note that the disbursable amount will be limited to the priority list amount and must be consistent with the project information provided under PART II of this application. Also note that the capitalized interest is an inexact estimate, and it is subject to adjustment by the Department to reflect actual disbursement timing. The principal amount of the loan does not include the loan service fee. (2) TERMS AND REPAYMENT. (a) Loans to local government project sponsors are amortized over the lesser of useful life of the project or 20 years unless the project is to serve a small community qualifying as having a financial hardship. Loans to financial hardship communities may be amortized over the lesser of useful life of the project or 30 years. Loans to non-governmental project sponsors are amortized over the lesser of the useful of the project or 10 years. Finance charges and principal are paid semiannually. What is the useful life of the project? 20 (years) Over how many years would you like to amortize the loan? 20 (years) (b) List all revenues that are to be pledged for repayment of this loan. Water and sewer user fees. (c) Pledged revenue receipts or collections by the project sponsor must exceed the amount of the repayments due to the Department unless there are other collateral provisions. The excess revenue, or coverage, generally is 15% of each repayment. What coverage is proposed for the loan? 15% (coverage percentage) (d) Is any other financial assistance being applied to this project? ❑ Yes ® No If"Yes",please list. (Attachment # ) (3) ANNUAL FUNDING LIMIT. Large project funding (generally, loans in excess of $10 million) may be provided in increments pursuant to the initial loan agreement and subsequent amendments. Each increment shall have a separate financing rate as established in the agreement or amendment providing that increment. (4) LOAN REPAYMENT RESERVE. Subject to the Department's approval, a local government may establish a restricted or assigned reserve account, using its own funds, in an amount not less than the sum of two semiannual loan repayments in order to reduce the pledged revenue coverage requirement to as low as 1.0 times the annual debt service. Is a reserve expected to be established using local funds? ® Yes ❑ No If"Yes," describe the locally funded reserve. (Attachment#3) (5) INFORMATION ON LIENS. (a) Describe, if applicable, all debt obligations having a prior or parity lien on the revenues pledged to repay this loan. (Attachment #4) For example: City Name, Florida, Water and Sewer System Revenue Bonds, Series Form 62-503.900(2) Page 6 of 13 Effective Date 7-29-04 1996, issued in the amount of$10,000,000, pursuant to Ordinance No. 93-104, as amended and supplemented by Ordinance No. 96-156. (b) Using the Part V, Schedule of Prior and Parity Liens, provide debt service information, if applicable, on each prior and parity obligation. (c) For the listed obligations, provide a copy of the ordinance(s), resolution(s), official statement(s), or pages thereof, setting forth the definitions, use of proceeds, debt service schedule, pledged revenues, rate covenants, provisions for issuing additional debt, provisions for bond insurance, and debt rating. (Attachment 44). (d) Describe any other notes and loans payable from the revenues pledged to repay this loan. (Attachment #4). (6) ACTUAL AND PROJECTED REVENUES. (a) Complete the Part V, Schedule of Actual Revenues and Debt Coverage for the past two fiscal years. (b) Complete the Part V, Schedule of Projected Revenues and Debt Coverage, demonstrating the availability of pledged revenues for loan repayment. (7) AVAILABILITY OF PLEDGED REVENUES. All sources must be supported by a written legal opinion. (Attachment #5) The opinion must address the following: (a) Availability of the revenues to repay the loan. (b) Right to increase rates at which revenues shall be collected to repay the loan. (e) Subordination of the pledge if pledged revenues are subject to a prior or parity lien. (8) LOAN SERVICE FEE. A loan service fee is assessed on each loan. The fee is not part of the loan. The fee along with interest thereon will be deducted from the first available repayments after the final amendment to the loan agreement. PART IV— AUTHORIZATION AND ASSURANCES (1) AUTHORIZATION. Provide an authorizing resolution of the Applicant's governing body or other evidence of authorization (Attachment #0) for the following: (a) Pledging revenues to repay the loan. (b) Designation of the Authorized Representative(s) to file this application, provide assurances, execute the loan agreement, and represent the Applicant in carrying out responsibilities (including that of requesting loan disbursements) under the loan agreement. (2) ASSURANCES. The Applicant agrees to comply with the laws, rules, regulations, policies and conditions relating to the loan for this project. Applicants should seek further information from the Bureau of Water Facilities Funding staff as to the applicability of the requirements if the necessity for the assurances are of concern. Specifically, the Applicant certifies that it has complied, as appropriate, and will comply with the following requirements, as appropriate, in undertaking the Project: (a) Assurances for capitalization grant projects. 1. Complete all facilities for which funding has been provided. 2. The Archaeological and Historic Preservation Act of 1974, PL 93-291, and the National Historic Preservation Act of 1966, PL 89-665, as amended, regarding identification and protection of historic properties. 3. The Clean Air Act, 42 U.S.C. 7506(c), which requires conformance with State Air Quality Implementation Plans. 4. The Coastal Zone Management Act of 1972, PL 92-583, as amended, which requires assurance of project consistency with the approved State management program developed under this Act. Foam 62-503.900(2) Page 7 of 13 Effective Date 7-29-04 5. The Endangered Species Act, 16 U.S.C. 1531, et seq., which requires that projects avoid disrupting threatened or endangered species and their habitats. 6. Executive Order 11593, Protection and Enhancement of the Cultural Environment, regarding preservation, restoration and maintenance of the historic and cultural environment. 7. Executive Order 11988, Floodplain Management, related to avoiding, to the extent possible, adverse impacts associated with floodplain occupancy, modification and development whenever there is a practicable alternative. 8. Executive Order 11990, Protection of Wetlands, related to avoiding, to the extent possible, adverse impacts associated with the destruction or modification of wetlands and avoiding support of construction in wetlands. 9. The Fish and Wildlife Coordination Act, PL 85-624, as amended, which requires that actions to control natural streams or other water bodies be undertaken to protect fish and wildlife resources and their habitats. 10. The Safe Drinking Water Act, Section 1424(e), PL 93-523, as amended, regarding protection of underground sources of drinking water. 11. The Wild and Scenic Rivers Act, PL 90-542, as amended, related to protecting components or potential components of the national wild and scenic rivers system. 12. The federal statutes relating to nondiscrimination, including: The Civil rights Act of 1964, PL 88-352, which prohibits discrimination on the basis of race, color or national origin; the Age Discrimination Act, PL 94-135, which prohibits discrimination on the basis of age; Section 13 of the Federal Water Pollution Control Act, PL 92-500, which prohibits sex discrimination; the Rehabilitation Act of 1973, PL 93-112, as amended, which prohibits discrimination on the basis of handicaps. 13. Executive Order 11246, Equal Employment Opportunity, which provides for equal opportunity for all qualified persons. 14. Executive Orders 11625 and 12138, Women's and Minority Business Enterprise, which require that small, minority, and women's business and labor surplus areas are used when possible as sources of supplies, equipment, construction and services. 15. The Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq., regarding protection and conservation of the coastal barrier resources. 16. The Farmland Protection Policy Act, 7 U.S.C. 4201 et seq., regarding protection of agricultural lands from irreversible loss. 17. The Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 91-646, which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. 18. The Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended, which requires that projects be carried out in accordance with area wide planning activities. 19. Section 306 of the Clean Air Act, Section 508 of the Clean Water Act and Executive Order 11738, which prohibit manufacturers, firms, or other enterprises on the EPA's list of Violating Facilities from participating in the Project. 20. Executive Order 12549, Debarment and Suspension, which prohibits any award to a party which is debarred or suspended or is otherwise excluded from, or ineligible for, participation in federal assistance programs. 21. Minority and Women's Business Enterprise participation in project work using numerical goals, established by the U.S. Environmental Protection Agency, and to be set forth in the specifications for construction and materials contracts. Form 62-503.900(2) Page 8 of 13 Effective Date 7-29-04 (b) Assurances for other projects. 1. Chapter 161, Part I, F.S., "Beach and Shore Preservation Act" and Part IB, "Coastal Zone Protection Act of 1985"which regulate coastal zone construction and all activities likely to affect the condition of the beaches or shore. 2. Chapter 163, Part II, F.S., the "Local Government Comprehensive Planning and Land Development Regulation Act"which requires units of local government to establish and implement comprehensive planning programs to control future development. 3. Chapter 186, F.S., State and Regional Planning, which requires conformance of projects with Regional Plans and the State Comprehensive Plan. 4. Chapter 253, F.S., "Emergency Archaeological Property Acquisition Act of 1988" which requires protection of archaeological properties of major statewide significance discovered during construction activities. 5. Chapter 258, Part III, F.S., which requires protection of components or potential components of the national wild and scenic rivers system. 6. Chapter 267, F.S., the"Florida Historical Resources Act" which requires identification, protection, and preservation of historic properties, archaeological and anthropological sites. 7. Chapter 287, Part I, F.S., which prohibits parties convicted of public entity crimes or discrimination from participating in State-assisted projects and which requires consideration of the utilization of Minority Business Enterprises in State-assisted projects. 8. Chapter 372, F.S., the Florida Endangered and Threatened Species Act which prohibits the killing or wounding of an endangered, threatened, or special concern species or intentionally destroying their eggs or nest. 9. Chapter 373, Part IV,F.S., Florida Water Resources Act of 1972, which requires that activities on surface waters or wetlands avoid adversely affecting: public health, safety, welfare, or property; conservation of fish and wildlife, including endangered or threatened species or their habitats; navigation or the flow of water; the fishing or recreational values or marine productivity; and significant historical and archaeological resources. 10. Chapter 380, Part I, F.S., Florida Environmental Land and Water Management Act of 1972 as it pertains to regulation of developments and implementation of land and water management policies. 11. Chapter 381, F.S., Public Health, as it pertains to regulation of onsite wastewater systems. 12. Chapter 403, Part I, F.S., Florida Air and Water Pollution Control which requires protection of all waters of the state. 13. Chapter 582, F.S., Soil and Water Conservation Act which requires conformance with Water Management District's regulations governing the use of land and water resources. 14. Governor's Executive Order 95-359, which requires State Clearinghouse review of project planning documentation and intergovernmental coordination. I, the undersigned Authorized Representative of the Applicant, hereby certify that all information contained herein and in the attached is true, correct, and complete to the best of my knowledge and belief. I further certify that I have been duly authorized to file the application and to provide these assurances. Signed this Day of 20 Authorized Representative Ivan Pato, City Manager (signature) (name typed or printed) PART V—SUPPLEMENTARY INFORMATION Form 62-503.900(2) Page 9 of 13 Effective Date 7-29-04 SCHEDULE OF PRIOR AND PARITY LIENS List annual debt service beginning two years before the anticipated loan agreement date and continuing at least fifteen fiscal years. Use additional pages as necessary. #1 #2 #3 Identify Each Loan No. DW0604010 Loan No. DW0604020 Loan No. DW0604030 Obligation $ 3,717,025 $ 706,992.65 $ 2,096,405 Coverage N/a % N/a % N/a % Insured? Yes x No Yes x No Yes x No Total Debt Fiscal Annual Debt Service (Principal Plus Interest) Total Service Incl. Year #1 #2 #3 Debt Coverage Service 2004 $0 $0 $0 $0 $0 2005 $0 $0 $0 $0 $0 2006 $0 $0 $0 $0 $0 2007 $0 $0 $0 $0 2008 $243,986 $46,407 $137,608 $0 $428,002 2009 $243,986 $46,407 $137,608 $0 $428,002 2010 $243,986 $46,407 $137,608 $0 $428,002 2011 $243,986 $46,407 $137,608 $0 $428,002 2012 $243,986 $46,407 $137,608 $0 $428,002 2013 $243,986 $46,407 $137,608 $0 $428,002 2014 $243,986 $46,407 $137,608 $0 $428,002 2015 $243,986 $46,407 $137,608 $0 $428,002 2016 $243,986 $46,407 $137,608 $0 $428,002 2017 $243,986 $46,407 $137,608 $0 $428,002 2018 $243,986 $46,407 $137,608 $0 $428,002 2019 $243,986 $46,407 $137,608 $0 $428,002 2020 $243,986 $46,407 $137,608 $0 $428,002 2021 $243,986 $46,407 $137,608 $0 $428,002 2022 $243,986 $46,407 $137,608 $0 $428,002 2023 $243,986 $46,407 $137,608 $0 $428,002 2024 $243,986 $46,407 $137,608 $0 $428,002 2025 $243,986 $46,407 $137,608 $0 $428,002 2026 $243,986 $46,407 $137,608 $0 $428,002 2027 $243,986 $46,407 $137,608 $0 $428,002 2028 $0 $0 $0 $0 $0 Form 62-503.900(2) Page 10 of 13 Effective Date 7-29-04 SCHEDULE OF ACTUAL REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE (Provide information for the two fiscal years preceding the anticipated date of the SRF loan agreement.) FY 2005 FY 2006 (a) Operating Revenues: Water Service 4,689,696 5,294,748 Other (meter sets, penalties, etc) 237,786 199,786 (b) Interest Income 43,474 45,404 (c) Other Income or Revenue (Identify) Misc 293,164 480,294 (d) Total Revenues 5,229,102 6,020,232 (e) Operating Expenses (excluding interest on debt, depreciation, and other non-cash items) 5,144,316 4,014,814 (f) Net Revenues (f= d - e) 84,786 2,005,418 (g) Debt Service (including required coverage; should reflect last column of preceding page) 9970 0 (h) Attach audited annual financial report(s), or pages thereof, and any other documentation necessary to support the above information. Include any notes or comments from the audit reports regarding compliance with covenants of debt obligations having a prior or parity lien on the revenues pledged for repayment of the SRF loan. (Attachment# 9 and 10 ) (i) Attach worksheets reconciling this page with the appropriate financial statements (for example, backing out depreciation and interest payments from operating expenses). (Attachment#_) Q) If the net revenues were not sufficient to satisfy the debt service and coverage requirement, please explain what corrective action was taken. (Attachment# _N/A ) Form 62-503.900(2) Page 11 of 13 Effective Date 7-29-04 SCHEDULE OF PROJECTED REVENUES AND DEBT COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE (Begin with the fiscal year preceding first anticipated semiannual loan payment.) FY 2007 FY 2008 FY 2009 FY 2010 FY 2011 (a) Operating Revenue S6,506,723 S7,132,766 S7,786,709 S 7,800,000 S 7,900.000 (b) Other Operating Revenue $0 $o $0 $o $o (c Interest Income 24600 26200 25800 26000 S 26,000 (d) Other Income or Revenue (identify) Impact fees 300000 0 0 0 0 Misc(meter fees,penalties, etc) 145961 149514 153152 156000 S 156,000 (e) Total Revenues S $ 7,308,480 $7,965,661 $ 7,982,000 $ 7,982,000 6,677.284 (f) Operating Expenses (excluding $ S 6,345,718 $6,706,155 S 7,020,000 $ 7,371,000 interest on debt, depreciation, and 6,194,243 other non-cash items) (g) Net Revenues (g=e- f) S 483,041 $ 962.762 S 1,259,506 $ 962,000 S 611,000 (h) Revenue(including coverage) pledged to debt service, excluding SRF loans 12403 0 0 0 12056 (i) Revenue(including coverage) pledged to outstanding SRF loans 0 428,002 429,002 428,002 428,002 (]i) Revenue Available for this SRF Loan [(1)=(f)—(g)—(h)] S 470,638 S 534,760 $ 831,504 $ 533,998 $ 170,942 (k) Identify the source of the above information and explain methods used to develop the projections (Attachment#_11_). Include an explanation of any revenue and expense growth or other adjustments; for example, any rate increases, service growth, inflation adjustments, expense adjustments reflecting the cost of operating additional facilities, or other considerations. (m)Are the above projections consistent with the capital improvements financing information in the accepted water facilities plan? _X_Yes No. If not, explain on Attachment#_ Form 62-503.900(2) Page 12 of 13 Effective Date 7-29-04 PART V—SUPPLEMENTARY INFORMATION LIST OF ATTACHMENTS LIST OF ATTACHMENTS. This application requires the submittal of Attachments to provide supplemental information. The application is not complete without the completed List of Attachments. Please list all attachments that you are including with this application form. Attachment Number Persons to Receive Correspondence 1 Project Description 2 Loan Reserve 3 Prior Obligations (SRF Loans) 4 Attorney's Opinion 5 Resolution Approving Loan 6 Site Certification 7 EPA Form 8 Capital Financing Plan 9 2005 Audit Statements 10 2006 Audit Statements I I PRMG Rate Study 12 Form 62-503.900(2) Page 13 of 13 Effective Date 7-29-04 ve-- 9. / MEMORANDUM DATE: January 11, 2008 TO: Thomas Ansbro, Esq. FROM: William G. Salim,Jr., Esq. Moskowitz, Mandell, Salim & Simowitz, P.A. Special Counsel to the CRA SUBJECT: CRA Redevelopment Trust Fund Ordinance Florida Statutes, § 163.387(l), generally requires that each community redevelopment agency establish a redevelopment trust fund. Funds allocated to and deposited into this fund shall be used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan. On April 20, 2004, the City of Dania Beach, the Dania Beach CRA and Broward County entered into an Interlocal Cooperation Agreement, as subsequently amended by the First Amendment to Dania Beach Interlocal Agreement dated February 21, 2006. The Interlocal Agreement, as amended, likewise contemplates the establishment of a redevelopment trust fund for disposition of all monies received from the County. Although Florida Statutes, § 163.387, contemplates the receipt of tax increment revenues, which are not an available source of funding for the Dania Beach CRA, further review of applicable law, together with discussions with representatives of Broward County, including its Assistant County Attorney, suggests that the Dania Beach CRA must adopt an Ordinance establishing a redevelopment trust fund. The proposed Ordinance is attached. Upon adoption, the Ordinance contemplates that all monies received by the Dania Beach CRA be deposited into the redevelopment trust fund for expenditure in accordance with applicable Florida Statutes, the Interlocal Agreement, as amended, and the Ordinance. The Ordinance further provides that the Dania Beach CRA Board of Directors shall be the trustee of the redevelopment trust fund, and responsible for the disposition thereof. Routine program and fiscal management of the CRA is also delegated to the City Manager or Finance Director, or their designee, as approved by the Board. ORDINANCE NO. 2008-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach adopted Resolution No. 2001-115, containing findings of necessity, approving a slum and blight study, and requesting that Broward County delegate the exercise of all powers and responsibilities conferred to the County by Section 163.410, Florida Statutes, to the City for the purposes of establishing a Community Redevelopment Agency and the preparation of a Community Redevelopment Plan; and WHEREAS, Broward County adopted Resolution No. 2002-275, delegating to the City Commission of the City of Dania Beach the authority to adopt a resolution declaring the need for a community redevelopment agency within the City, to create a community redevelopment agency, to appoint its board, to adopt procedures, and to prepare a community redevelopment plan; and WHEREAS, by Ordinance No. 2002-032 adopted by the City of Dania Beach, the City Commission of the City of Dania Beach, Florida, created the Dania Beach Community Redevelopment Agency ("CRA") for the Community Redevelopment Area, and constituted its Executive Board as the City Commissioners of the City of Dania Beach; and WHEREAS, on September 24, 2002, pursuant to Resolution No. 2002-163, the City Commission of the City of Dania Beach approved a Community Redevelopment Plan for the City of Dania Beach Community Redevelopment Area; and WHEREAS, on April 20, 2004, Broward County, the City of Dania Beach and the Dania Beach CRA, entered into an hnterlocal Cooperation Agreement, as amended by the First Amendment to Dania Beach hnterlocal Agreement dated February 21, 2006, ("Interlocal Agreement'), as same may be modified or supplemented in writing in the future, which provided, among other things, for the method of County investment in any redevelopment activities proposed by the City, the CRA or both; and WHEREAS, a redevelopment trust fund shall be established for each community development agency created under Section 163.356, Florida Statutes; and WHEREAS, the City Commission finds and declares that it is appropriate to establish and fund a Redevelopment Trust Fund for the duration of the City of Dania Beach Community Redevelopment Agency Area Plan, and further finds and declares that the same is required pursuant to the terms of the Interlocal Agreement; and WHEREAS, pursuant to law, ten (10) days notice has been given in a newspaper of general circulation in the City notifying the public of this proposed ordinance and of a public hearing to consider this proposed ordinance; and 2 ORDINANCE#2008-003 WHEREAS, a public hearing before the City Commission was held pursuant to the published notice and mailed notice described above at which hearing the parties in interest and all other citizens so desiring had an opportunity to be; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,AS FOLLOWS: Section 1. That the foregoing WHEREAS clauses are confirmed and incorporated into this Ordinance by this reference. Section 2. That the City Commission of the City of Dania Beach authorizes the establishment of a Redevelopment Trust Fund for the Dania Beach CRA in accordance with the provisions contained in Florida Statutes, Section 163.387 and the Interlocal Agreement. Section 3. That all funds allocated to and deposited into this Redevelopment Trust Fund, from whatever source, shall be used by the Dania Beach CRA to finance or refinance any Dania Beach CRA Community Redevelopment pursuant to the Dania Beach CRA Community Redevelopment Plan, the Interlocal Agreement and as permitted by law. All amounts payable by Broward County pursuant to the Interlocal Agreement shall be deposited into the Redevelopment Trust Fund. The City Commission or the Dania Beach CRA Board of Directors may, in their respective discretion, authorize the deposit of such other legally available or awarded funds into the Redevelopment Trust Fund as may be approved by motion or resolution on or after the effective date of this Ordinance. Section 4. The Redevelopment Trust Fund, in accordance with Florida Statutes, Section 163.387, shall exist for the duration of the Community Redevelopment Plan and the Dania Beach CRA. 3 ORDINANCE#2008-003 Section 5. The Dania Beach CRA Board of Directors shall be the trustee of the Trust Fund and shall be responsible for the receipt, custody, disbursement, accountability, management, investments, and proper application of all monies paid into the Redevelopment Trust Fund. The Dania Beach CRA Board of Directors delegates the routine program and fiscal management and operation of the CPA to the City Manager or Finance Director, or any designee thereof, as the Dania Beach CRA Board may approve by motion. The City Manager or Finance Director, or any designee thereof, in accordance with the annual appropriations by the CPA Board of Directors, shall hold all monies in the Redevelopment Trust Fund. Section 6. If any section or portion of a section of this Ordinance is declared to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this Ordinance. All Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict. Section 7. This Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on January 8, 2008. PASSED AND ADOPTED on 12008. BOB ANTON ATTEST: MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE#2008-003 CITY OF DANIA BEACH 0 -1 Agenda Item # 76 Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action '(Idenfity appropriate Action or Motion) , Amending City's Code of Ordinance 2-10 to increase the City Manager spending limit from $15,000 to $25,000 Why Action is Necessary As required by the City Code of Ordinance What Action Accomplishes Purchasing Requests ONLY Dept: 1701 Finance Accounting Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background At the December Commission meeting, the City Manager has requested consideration by the Commission to increase the spending limit under his authority. The Commission requested a survey be performed for neigboring cities of our size. Finance staff performed a survey of cities even at Dade County of similar size and proximity as City of Dania Beach. Based on the results of the survey, the median of the spending limit under the City Manager's authority is $25,000 and $25,555 is the average. Accordingly, the Finance Director is recommending the spending limit be increased from $15,000 to $25,000. Fiscal ImpactlCost Summary Exhibits Attached Survey Ordinance Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Patricia Varney Date 12/31/07 Department Director Patricia Varney Date 12/31/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 12/31/07 City Attorney Thomas J. Ansbro Date 12/31/07 City Manacer Ivan Pato Date 01/02/08 User Creating Item Item Name (do not use/or\in name) Patty Varney CM spending limit City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2008-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART XII, ARTICLE 5, SECTION 3) AND SECTION 2-10 OF THE CITY CODE ORDINANCES TO CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE, FROM FIFTEEN THOUSAND DOLLARS ($15,000.00) UP TO AND INCLUDING THE AMOUNT OF TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS; PROVIDING FURTHER CLARIFICATION OF SPENDING LIMITS IN SECTION 2-10; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Part XII, Article 5, Section 3 of the City Charter is amended to read as follows: PART XII. MISCELLANEOUS PROVISIONS • ARTICLE 5. CONTRACTS Sec. 3. Approval by city commission of certain contracts. Contracts for the purchase of supplies, equipment, materials and services for the city government in amounts up to and including fifteentwenty five thousand dollars ($425,000.00) may be made by the city manager, without competitive bidding and without advertisement for bids whenever he or she deems it necessary and proper so to do. During unusual conditions or emergencies, contracts for the purchase of supplies, equipment, materials and services for the city government in excess of€i4eentwenty-five thousand dollars ($4-25,000.00) may be made by the city manager without competitive bidding and without advertisement for bids if he or she is authorized to do so in advance by a resolution adopted by the city commission. Contracts for the purchase of supplies, equipment materials and services in excess of€i€teeatwenty-five thousand dollars ($425,000.00) and all contracts for the construction, extension and improvements to any public utilities works in excess of€rfteen twenty-five thousand dollars ($425,000.00) shall not be entered into or let except by authorization and approval of the city commission, after advertisement for bids in a newspaper published in Broward County, Florida, with such publication to be published weekly for two (2) consecutive weeks with the first publication to be not less than fifteen (15) days prior to the reception of bids. However, during unusual conditions or circumstances and emergencies, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of €rReentwenty-five thousand dollars ($4-25,000.00) without competitive bids and without advertisement for bids. Further, the city shall have the right to contract for the disposal of garbage, trash, waste and/or all types of debris by direct negotiation for such services without competitive bidding and without advertisement for bids for periods of time not to exceed twenty (20) years. That in addition to the foregoing, the city commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of€r-tteentwenty- five thousand dollars ($425,000.00) without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental entities such as the federal government, the State of Florida or a Florida county or municipality. Section 2. That Section 2-10 of the City Code of Ordinances is amended to read as follows: Sec. 2-10. Monetary thresholds for certain purchases and check authorizations. (a) For the purchase by the city manager of supplies, services, material and equipment, the monetary threshold or limitation is €g eeetwenty-five thousand dollars ($4-25,000.00). For purchases exceeding that amount, city commission authorization is required, as provided by the subsection 40) of article 3 of part III of the City Charter; (b) For any purchases exceeding one hundred. thousandmillion dollars ($1,000,000.00), a four-fifths (4/5) vote of the city commission shall be required; and • • • 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. 2 ORDINANCE#2008-004 Section 4. That all ordinances or parts of ordinances 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. PASSED on first reading on January 8, 2008. PASSED AND ADOPTED on second reading on 2008. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: By: THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE#2008-004 G W 0 0 0 0 O 0 0 0 0 0 0 0 w 0 0 0 0 0 0 0 o 0 2 O 0 O 0 O O LO 0 0 l0 0 C7 N N Lo N W N y W 69 es 69: 69 69 vi 613 ss 69 N � a 0 > U w IL IL J O O O O m 0 0 0 0 Q' W O O O O m 0 0 0 0 Lu W O O O O m O O O O Q J N �6 , N 7 N 0 �6 N QZ Q 69 ff) 6► 619 69 649 U3 69 69 0 H0: _ a U Q w O O O o O o O 0 0 0 0 0 0 0 0 F- 0Ln0oLnm000 W � 6N9 � 6Ms � � n » � CY K w � F w J ww Z M z Z 67 O O O O O W H LO0NO 0 S U) O o C 69 69 �-- 69 M ui K 69 Ef3 69 m W LU Q W M M N V V T M m 0 0 In (M W N aO N U m N0 M V a0 m V Z r. ao m m N tri N a O N N N N N M M -IT V H C Q � J � a U a a ° o a) 0 c E Lri Co N 69 0 63 N U C O M N Co — N Y to L J "O "00 O a) N CO a) p ID Y :.M. 47 a) -O d C O m 7 Z "O J m U N .O 0 C W @ f0 N = a) c L (0 fa d) f0 -- M O > M M O M N a) 0- 200 ¢ J = Z0 af > (.5 ® CITY OF DANIA BEACH Agenda Item # . 3 Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: 1-8-2008 ORDINANCEND.2007-026 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA,INC.ONBEHALFOFTHE PROPERTY OWNER TROY IPPOUTO.PRESIDENT OF T H.S.,INC.,TO REZONE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE,SOUTH OF GRIFFIN ROAD,DANIA BEACH, FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT'A,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE,CHANGING THE CURRENT ZONING C SIFICATION OF THE PROPERTY FROM R-1C (SINGLE FAMILY RESIDENTIAL),TO PRD-1(PLANNED RESIDENTIAL DEVELOPMENT),SUBJECT TO CERTAIN RESTRICTIONS:PROVIDING FOR CONFLICTS',PROVIDING FOR SEVERAB LITY,FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ The applicant, Associated Engineers of South Florida, Inc., on behalf of the property owner, Troy Ippolito, T.H.B., Inc. submitted the following applications for property located on the west side of SW 25 Avenue, south of Griffin Road, immediately south of Tropical Acres. RZ-14-05- Rezoning request from Single Family Residential (R-1C)to Planned Residential Development (PRD-1) to allow the construction of 18 two-family villas (36 units) SECOND READING. V'a=3'Y§v 'emu ri ta` r Z s rs r t' n a rt,t , im .. � 1£ tim ° i 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 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 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., TO REZONE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN 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 R-IC (SINGLE FAMILY RESIDENTIAL), TO PRD-1 (PLANNED RESIDENTIAL DEVELOPMENT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is 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 the rezoning request filed by the property owner, Troy Ippolito, President of T.H.B., Inc., for property generally located on the west side of SW 25"' Avenue and south of Griffin Road, within the City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "R-IC" zoning classification to the "PRD-l" zoning classification, a copy of which request 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 this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on December 11, 2007. PASSED AND ADOPTED on second reading on 2008. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-026 EXHIBIT "A" LEGAL DESCRIPTION TRACT 8, LESS THE NORTH 391 FEET THEREOF, AND INCLUDING THE SOUTH 8 FEET OF THE NORTH 391 FEET OF THE WEST 223 FEET OF TRACT 8, BLOCK 1, A SUBDIVISION OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SUBJECT TO ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 10 FEET OF SAID TRACT 8. 3 ORDINANCE#2007-026 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DIVISION PLANNING DEPARTMENT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director (� Corinne Lajoie, AICP, Principal Planner SUBJECT: The applicant, Associated Engineers of South Florida, Inc., on behalf of the property owner, Troy Ippolito, T.H.B., Inc. submitted the following applications for property located on the west side of SW 25 Avenue, south of Griffin Road, immediately south of Tropical Acres. RZ-14-05 - Rezoning request from Single Family Residential (R-1C) to Planned Residential Development (PRD-1) to allow the construction of 18 two-family villas (36 units) SECOND READING. PL-20-05 - Perimeter plat approval to allow the proposed construction of 36 residential lots (18 two-family villas) SECOND READING. SP-05-06 - Site Plan for Planned Residential Development containing 18 two-family villas (36 dwelling units) in a gated, private community. Waiver - Waiver to allow a 10 foot interior side yard setback or 20 feet between buildings (PRD-1 requires a 15-foot interior side yard, or 30 feet between buildings). PROPERTY INFORMATION ZONING: Broward County Single Family (R-1C) PROPOSED ZONING: Planned Residential Development (PRD-1) LAND USE DESIGNATION: 5 units per gross acre The Planning and Zoning Board deferred this in 2006, recommending the applicant meet with the neighbors regarding the proposed site plan. Since the plan was first reviewed, the applicant eliminated four units (from 40 units to 36 units), provided additional guest parking, and more clearly defined public and private open spaces. REZONING (R-IC to PRD-1) Current Broward County R-1C zoning permits up to 36 single-family homes on 60' x 100' lots. Proposed PRD-1 zoning allows 36 dwelling units (18 two- family villas) on 41' x 110' lots. This is four fewer units than the original plan and is consistent with the Low 5 Residential Comprehensive Plan Designation. The City Public Services Director confirms (see attached) that 36 two-family villas generate less traffic than 36 single-family homes. The Public Services Department does not recommend traffic calming along SW 25th Avenue or SW 49th Court unless requested by neighborhood petition and submitted to the City. The applicant has submitted a wildlife inventory as per the City's wildlife protection ordinance (included in backup). Zoning and existing land use of adjacent lands are as follows: ADJACENT Zoning Existing Uses SITES North Commercial C-2 Restaurant South R-1T Mobile Home Park East R-1C Single Family Homes West RD-8000 (Duplex) Duplex SUBDIVISON PLAT City code requires the dedication of 13,000 sq. ft. of public open space. The plan provides 14,000 sq. ft. of public open spaces in the form of a 29' wide linear park on the west side of SW 25th Avenue. In addition, the plan provides: a) 30,000 sq. ft. of tree conservation area, b) 22,000 sq. ft. for dry retention, and c) 75,000+ sq. ft. open space on the 36 individual lots. Over 70% of the entire project is devoted to private and public open space. Under existing Broward County R-IC zoning, only 40% open space is required. SITE PLAN The applicant is proposing 18 two-family villas, totaling 36 residential units in a walled, gated, private residential community. Each villa is two stories and includes a two-car garage. Villas backing onto the linear park along SW 25th Avenue will have swimming pools. The community entrance is located SW 25th Avenue across from SW 49th Court. The right-of-way for SW 25th Avenue is currently 17 feet wide. The plan proposes expanding the pavement width to 24' - 25' and constructing a sidewalk on the west side of the road. These improvements will extend from the dead-end of SW 25th Avenue to approximately 200' north of SW 49th Court. The plan complies with PRD-1 perimeter building setbacks, parking, and public park dedication requirements. With the exception of the distance between villas (interior side yard setbacks), the site plan meets PRD-1 zoning requirements. Staff requested a revised landscape plan from the applicant. The applicant provided revised the landscape plans on January 14, 2008 for review by the City's Landscape Consultant. The Landscape Consultant will present his findings at the public hearing on January 22, 2008. The site plan was reviewed by the Fire Marshal, Public Services, Zoning Department and the City's Landscape Consultant. The applicant must address following issues identified by staff: 1. Applicant to provide a Tree Preservation Bond to assure compensation for trees that do not survive preservation or relocation prior to issuance of any clearing, filling or construction permit. 2. Applicant to pay to the City's Tree Preservation Trust Fund the value of the trees to be removed from the site prior to issuance of any clearing, filling or construction permit. 3. Tree removal permits shall not be issued until developer applies for a building permit and submits permit level drawings. 4. On Sheets E-2, L-1, and LP-1, E-2, provide 4" X 4" tapping sleeve and value, 4" X 8" increaser (reducer) and 8" G.V. (Public Services). 5. On Sheet L-1, do not plant trees over or adjacent to utilities (Public Services). 6. Submission of sealed fire flow calculations to determine water demand requirements for this project (Fire Marshal). 7. Fire Department to perform on-site evaluation of fire flow test (Fire Marshall). I 8. Applicant to enter into agreement with the City Commission agreeing to maintain the proposed public park area on SW 251h Avenue in perpetuity. WAIVERS Under current Broward County R-1C zoning, 15 feet is required between homes. The site plan provided shows 20 feet between homes, less than the 30 feet required by PRD-1 zoning. Staff has not objection to the waiver. CITY COMMISSION RECOMMENDATION: REZONING & PLAT (FIRST READING) On December 11, 2007 the City Commission recommended approval on first reading of the rezoning and plat. PLANNING AND ZONING BOARD RECOMMENDATION On September 27, 2007 the Planning and Zoning Board recommended approval subject to the applicant addressing staff's comments. STAFF RECOMMENDATION Staff recommendation pending completion of landscape and tree preservation plan review. Page 1 of 1 Loftier, Christine From: Leeds, Larry Sent: Tuesday, October 02, 2007 6:37 PM To: Lottier, Christine Subject: FW: Ippolito Landscape Plan Attachments: I ppolitoFi nd ingsMemo.pdf Chris: There is a problem with Troy's a-mail. Please fax him this a-mail and the attachment. 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.ft.us From: Leeds, Larry Sent: Tuesday, October 02, 2007 6:30 PM To: Troy Ippolito (trendcoep@bellsouth.net)' Cc: 'Michael McCoy' Subject: Ippolito Landscape Plan Troy: I asked Mike McCoy at ESciences review your landscape plan. His comments are attached. My concern is that many preserved trees close to sidewalks, roadways, etc. will not survive construction since adequate preservation measures are not identified on plan. In other cases, the plan identifies trees intended for relocation, but does not clearly not show the relocation site. I do not want to present the commission a landscape plan depicting trees that will be not last through the construction. I recommend you and your Landscape Architect meet directly with Mike McCoy at ESciences to address these issues and revise the landscape plan accordingly. Laurence Leeds, Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 954-924-3640 I Ieeds@ci.dania-beach.f L us 10/3/2007 ENGINEERING ENV[Rorim�AL es ECOLOGICAL MEMORANDUM Subject: Ippolito Development Landscape Plan Review TO: Laurence Leeds, Community Development Director FROM: Michael McCoy COPIES: DATE: 9/26/07 PROJECT E Sciences Project No.2-0234-001-0035 NUMBER: City of Dania Beach PZ Log No.SP-05-06/PL-20-05 The following is a summary of recommended comments based on my review of the landscape plans for the above referenced project. General Comments: • Methodology with scoring for determining current specimen tree values should be provided. • A proposed irrigation plan should be provided per Sec. 26-53(i),Dania Beach City Code. Sheet L-1 • Add north arrow. • Indicate the perimeter landscape buffer. Sheet L-2 • Provide one overall plant list indicating all landscaping proposed for this project. Four separate tables are currently labeled as Master Plant List and it is unclear if any of these lists show all of the proposed plants for the project.Provide the following information on the overall plant list: o Designate trees in the overall plant list according to shade, intermediate and small tree designations and give totals for each o Designate native status for each o Designate landscape requirements met by each(can be grouped—i.e. 10 live oaks can indicate five for perimeter buffer and five for non-vehicular use area requirements). o Designate trees meeting tree replacement requirements per Sec 26-20, Dania Beach City Code. • Designation of native species required/provided does not account for all landscape requirements and should be revised. • Provide total number of trees to remain,total number of trees to be relocated,total number of trees to be removed, preservation bond value and mitigation value. E Sciences, INCORPORATED 5310 NW 33rd Avenue • Suite 111 • Ft. Lauderdale, FL 33309 ph 954-484-8500 fax 954-484-5146 www.esciencesinc.com Page 2 of 3 • Provide total area of non vehicular open space, corresponding landscape minimum requirements and landscaping provided to meet those requirements. • Provide the total linear footage of perimeter landscape buffer, corresponding landscape minimum requirements and landscaping provided to meet those requirements per Sec.26-52, Dania Beach City Code. • Provide the total area of vehicle use areas, corresponding landscape minimum requirements and landscaping provided to meet those requirements per Sec. 26-47&48,Dania Beach City Code. • Plant lists on this sheet specify multi-trunk Alexander palms (Prychosperma elegans),silver buttonwoods (Conocarpus erectus var. sericus)and carpentaria palms(Carpentaria acumunata). According to Florida's Grades and Standards,these trees must be single stem to qualify as Grade 1. Per Sec. 26-53(d), all landscaping required to meet City Code requirements must be Grade 1 or better. These plant specifications should be revised. Sheet L-3 • Duplicate palm planting details are provided, one should be removed. • Additional comments are indicated via redlines (markup)on the plan sheet. • Add to the planting notes the following text from Sec. 26-53(i), Dania Beach City Code: Plant ball sizes: Ball sizes on all plant material shall conform to or exceed the minimum standards as noted in the most current edition of"American Standards for Nursery Stock,"prepared by the American Association of Nurseryman. Sheet TD-1: • Tree #2,#11,#12,913 —please provide design modifications for tree preservation or designate trees for removal: trees are within footprint of proposed driveway. • Tree#22 and #119—please designate for removal:trees are approximately five feet from proposed building edge and have existing structural defects. • Tree 985, #106,#107, 4120—trees are within proposed utility easement and should be designated for removal. • Tree#69,#77—please clarify preservation measures or designate for removal:trees are on/abutting proposed water main location, surrounded by proposed paving. For retention, paving should be above grade with utilities installed via directional drilling. • Tree#9—tree is within proposed sidewalk footprint. Please provide design measures for preservation or designate tree for removal. • Tree#68—tree is within footprint of proposed covered entrance. Please remove/alter sufficiently covered entrance or designate tree for removal. • Tree 470,#88—trees are within area proposed for installation of drainage feature (corrugated metal pipe and infiltration trench)and proposed sidewalk is within five feet. Please clarify preservation measures or designate trees for removal. • Tree 9152—tree is within footprint of proposed sidewalk. Please provide design modifications and protection mechanisms for tree preservation or designate tree for removal. • Tree#150—tree is approximately five feet from proposed sidewalk on one side and roadway on the other. Please clarify protection measures for tree preservation or designate tree for removal. Page 3 of 3 • Tree#39A,#50,#53,#92—trees can be retained in-place. Please clarify why relocation is proposed. • Tree#43,#75,#142—tree is proposed for relocation,proposed relocation site is not designated. • Tree#108—existing tree location is designated as relocation site. • Locations of existing trees proposed for removal should be added to this sheet. • Label 8"water main on west side of community road, indicate easement as applicable. • Add north arrow. • In the private recreational area, is appears that approximately one foot of grading is proposed, for use of the site as dry retention. Please clarify tree preservation measures necessary to accommodate proposed tree preservation in this area. • Tree preservation area appears to have proposed grading(5.2' contour)within the area. Please clarify if this is correct and why grading is proposed in this area. Sheet TD-2 • Tree list ends at#161. Please provide information pertaining to all existing trees on the project site. • Add a column indicating monetary value of each tree End of memorandum P.\Projects'1-300-399\2-0324\Landscape Plans Review\005 Landscape Plan Review Ill SP-0506\PindingsMemo.doc Michael �%YM9h=elMcCor Michael V �a, m«oye, e us McCo 007.09.26134830 -0P00 INTER-OFFICE MEMO COMMUNITY DEVELOPMENT DEPARTMENT TO: Dominic Orlando, P.E. Public Services Director FROM: Laurence Leeds, AICP, Director G • e,i-- Community Development Department RE: Ippolito Isle Traffic Study LOCATION: Vacant land located west of SW 24`h Avenue, south of Griffin Road (Behind Tropical Acres - see attached map) DATE: August 17, 2007 The applicant can build 36 single-family homes under the current RI-C zoning. The applicant has applied for PRD zoning to build 18 two-story duplexes, or 36 units. Each individual dwelling unit will contain 2,700 sq. ft. plus garage. The site plan (transmitted to your office in May 2007) shows a single project entrance on SW 25 th Avenue opposite SW 491hCourt. The applicant's traffic study indicates that 18 duplexes will generate less traffic than 36 single-family homes. Please advise if this is correct an also if neighborhood traffic calming or diversion is appropriate given the narrow width of SW 25t Avenue north of the site. Please contact the applicant directly if you require an additional plan. Please respond by August 27, 2007. Thank you. Message Page 1 of I i Loftier, Christine From: Orlando, Dominic AUG 2 4 2007 Sent: Friday, August 24, 2007 10:58 AM Planning To: Leeds, Larry Department Cc: Florentine, Kathryn; Williams, Leo; Lottier, Christine Subject: FW: IPPOLITO ISLE TRAFFIC MEMO.doc Attachments: IPPOLITO ISLE TRAFFIC MEMO.doc Hi Larry, 1 agreed with the applicant's traffic study that 18 duplexes will generate less traffic than 36 single family homes. Traffic calming or diversion may be appropriate, in my opinion it's not required. To be safe, based on traffic calming request made by residents City wide we may want to require them to include traffic calming provisions as part of their project, your call -----Original Message----- From: Florentine, Kathryn Sent: Friday, August 17, 2007 3:07 PM To: Orlando, Dominic Subject: FW: IPPOLI70 ISLE TRAFFIC MEMO.doc See below and attached. From: Leeds, Larry Sent: Friday, August 17, 2007 2:56 PM To: Florentine, Kathryn Subject: IPPOLITO ISLE TRAFFIC MEMO.doc Putting the attached in the Public Services box at CD today. Ptease have Dominic review report and respond in e-mail by August 27. Thanks. 8/24/2007 JUL - 3 .2D06 City of Dania Beach, Florida Department of Community Development _ Planning and Zoning Division General Development Application (954)924-3645 L Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request K Rezoning Date Reed: ❑ Site Plan p ❑ Special Exception Petition No.: ❑ Special Request ❑ TrafFlcway Waiver ❑ Variance ❑ Vacation Request ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and Required Documentation'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 disposition of your application. As aiways,-the applicant or- - -- their authorized legal agent must be present at aIV meetings; All projects must also obtain a building permit from the Clty's Building Department. Location Address: West side of S.W. 25th Ave— South of Griffin , Dania Ba=r•h Lot(s): 8 Blodc: 1 Subdivision: Portion if Sec. 32-50S-42E Recorded Plat Name: Reed Land Co. Sub-Plat Hook 2-32 Foilo Number(s): 5042 3201 0110 Legal Description: See Attached Exhibit "A" Associated Engineers Applicant/Consultant/Legal Representative(circle one) o South Florida, Inc. Address of Applicant: 5450 Griffin Road, Davie, FL 33314 Business Telephone: (954) 584-688Aome: Fax:(954) 584-2862 Name of Property Owner: THBr Inc. a Florida Corporation Address of Property Owner: 313 S.E. 6th St., Dania, FL 33004 Business Telephone:954-458-7620 Home: Fax: 954-456-6402 Explanation of Request: Change:to PRD Zoning Prop. Net Acreage: Gross Acreage: 7.25 AcProp. Square Footage: 315,936 Existing Use: Vacant proposed Use: Residential Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 the of City Commission approval, pursuant to Ordinance No. 2005-040. Gustavo x_ Aguirre 07-03-06 pplicant/Owner ignature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Appiica ansul /Representative: This 3 day of 20 Signatu Date: July 3, 2006 L Q s Mistavo X. Aguirre, President Sign Name of Notary Public (Print Name) State Of( t=l.i;$e..) ` XJ—%16M E' Qom" 5450 Giffin Road Qgvie. FL '4111e Print Name of Notary Street Address, City, State and Zip Code - ------ - --- _-- ARYSFA,. Commission Fxpi LAURA E BASINEC 954-584-6880; Fax :954-584-2862 Seal: NOTARY P A F7AR(D lephone No. &Fax No. COMMISSION NO.DD18M MY COM MY'SL?N FXR AN.30,20M 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/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that Ir as a duly authorized officer, have authorized (Applicant/Consultant/Representative) Associated Engineers of South Florida, Inc. to make and file the aforesaid application, Sworn to and subscribed before me Corporation Name: � �� THB, Inc. This day of �``—�20 d. Signature: Date: July 3, 2006 Troy Ippolito (Print Name) �.� President Sign Name of Notary Public (Print Title) State of( VAOe -t. ) P—. 6cilo(nQL 313 S.E. 6th St., Dania, FL 33004 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: OTFICIALNOTp—I 954-931-4787 Seal: �^ - ---—_ -- --- NOTARY PUBLit STATE OF FLOR$flIe hone N6 SE Fax NO. --_-- COMM15810N NO. hone MY COMM15510N,�X P. AN.302007 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. . WHERE PLAYING IN TRAFFIC IS SERIOUS BUSINESS August 6, 2007 Troy Ippolito TRENDCORP 325 Layne Blvd Hallandale, FL 33009 RE: IPPOLITO ISLE ERNEST—JONES TINTER PROJECT NO. 07-0710.01 Dear Mr.lppolito In order to assist you in obtaining site plan approval for Ippolito Isle in the City of Dania the following tasks have been completed: 1. Trip Generation Analysis was performed to determine the difference in expected traffic generation between the existing zoned use of 36 Single Family home units to the proposed 36 Townhome units. Trip Generation was performed according to Institute of Transportation Engineer's (ITE) Trio Generation Manual. 7th_Edition_ a. The 36 Single Family home units as per existing zoned use are expected to generate 406 net new daily trips as shown in Table 1. Of these, 35 trips are expected during the A.M. peak hour and 43 trips during the P.M. peak hour. b. The 36 Proposed Townhomes are expected to generate 263 net new daily trips as shown in Table 2. Of these, 23 trips are expected during A.M. peak hour and 26 trips during the P.M. peak hour. It is observed that by changing the land use from Single Family home to Townhome the net new trips are reduced from 406 to 263. 2. In order to analyze the existing conditions at S.W.26'"Avenue and Grin Rd, traffic data was collected by using tube counts over a 24 hour period shown in Attachment 1. It is observed from the tube counts that the total outgoing traffic including project traffic adds up to 656 vehicle trips over 24 hour period. The total trips on SW 26'" Avenue are significantly insufficient to warrant the construction of a traffic signal as per standards identified in the Manual of Uniform Traffic Control Devices, published by Federal Highway Administration (FHWA). If you have any questions regarding this study or need further information, please feel free to contact me. Since el , Yves S. 'Anjou, P.E. Division ce President 12500 West Atlantic Blvd. Coral Springs, FL 33071 Phone: 954.344.9855 Fax: 954.341.5961 www.reice.com TREND CORP Page 2 Table I IPPOLITO ISLE Trip Generatton for Exisling Zoned Use Daly AnaVs* Daily Trip Site Site Traffic Cateyory LUC Units Size Generation Equation Traffic Enter Exit vpd vpd ISInale Family Homes 210 Unft 1 36 u 0.1 M.Peak httr A h1 Peak Hour Trip Sdc Site Traffic IAL. yory Yph Si Is � Unft—f0 ©0�yory LUC Units Size Generation Equation Traffic Enter Fxit Single Family Homes 210 Units 36 0.90 0.53 43 27 1 is] TRENDCORP August 3, •• Page 3 Table 2 IPPOLITO ISLE Trip Genembon for Proposed Townhomes •, Daily Trip Site Site Traffic Category LUC Units Size Generation Equation Traffic Enter Exit vpd vpd ® ITownhomes ®' O AM.Peak hbtr FPd Peak Hou!+0.26 Site Site Trafficon Eq Traffic Enter Exit ©���� r :.k Hou Site Site TrafficTownho es on Eq Traffic Enter Exii .0 y Un —38 u r PD&E 24-HOUR MACHINE COUNT volume Report with 24 Hour Totals Page 1 Data File : D0731001.PRN Station : 000007300717 Identification : 000000001017 Interval : 15 minutes Start date : Jul 31, 07 Start time : 24:00 00 Stop date : Jul 31, 07 Stop time : BROW City/Town DANIA County ROWARD Location SW 26TH AVE (S OF GRIFFIN) LN1=NB,LN2=5H Jul 31 Northbound Volume for Lane 1 ------------------------- ---- ----------------------------------------------------- End Time 00 O1 02 03 04 05 06 07 -- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- 11 15 0 0 0 0 0 1 2 15 8 14 4 30 0 0 0 0 1 2 4 3 3 9 6 9 45 1 0 1 2 0 1 10 11 13 3 4 4 00 2 0 0 0 0 1 5 14 8 ---9 ---5 - - -------- - --- ---- ---- ---- ---- ---- ---- ---- 31 Hr Total 3 0 1 2 1 ----5----21---- 43----32----35----19------ End Time 12 13 14 15 16 17 18 19 --20 --21 --22 --23 ---- ---- ---- ---- ---- ---- ---- ---15- 12 _14 __17_____ 10 - —2 ------2- 30 5 3 8 9 13 6 14 8 10 2 2 1 45 0 4 10 8 10 15 10 9 15 5 4 0 00 3 6 3 2 7 16 B 4 2 6 3 2 --- --- -- - ---- ---- ---- ---- ---- --47 --44 ---- - - - -------- ---- Hr Total 14 21 29 24 32 47 44 35 -44 - 23 --- - - --------------------------- ----------- ------- ----- 24 Hour Total : 522 AM peak hour begins : 08:30 AM peak volume 94 Peak hour factor 0 .79 PM peak hour begins : 17:30 PM peak volume : 57 Peak hour factor : 0 .89 Jul 31 Southbound Volume for Lane-2 ------------------------- --------------------------------------------------- - 08 End Time 00 01 02 03 04 05 06 07 -- 09 10 1 --- - ---- ---- ---- 15 2 1 0 1 1 0 1 8 4 10 4 1 30 0 0 0 0 1 0 2 4 7 5 5 10 45 3 1 3 1 0 0 4 6 10 2 3 6 00 3 1 1 0 0 0 3 9 8 8 7 8 ---- ---- ---- ---- ---- ---- ---- - -- ---- ---- ---- -- ----- - - Hr Total 8 3 4 2 2 0 10 27 29 25 19 3- ------------------ ------- -------------------- --------------------------------- End Time 12 13 14 15 16 17 18 19 20 --21 --22 --23 ---- ---- - -- -- ---- 15 4 9 9 16 9 10 13 13 11 12 5 7 30 6 5 11 10 14 10 9 7 7 3 1 45 8 5 10 14 6 15 13 8 13 7 4 3 00 5 3 3 6 10 30 7 14 ---4 ---6 ---3 --2 -------- ---- ---- ---- ---- ---- ---- ---- ---- - Hr Total 23 22 33 46 39 65 42 42 35 --28----13 ---1- ------------------------------------------------- 24 Hour Total : 569 AM peak hour begins : 11:00 AM peak volume 36 Peak hour factor : 0 . 57 PM peak hour begins : 17 :15 PM peak volume 68 Peak hour factor 0 . 1 i PD&E 24-HOUR MACHINE COUNT Page 2 Volume Report with 24 Hour Totals 4 Data File : D0731001.PRN Station : 000007300717 identification : 000000001017 Interval : 15 minutes Start date : Jul 31, 07 Start time : 24 :00 00 Stop date : Jul 31, 07 Stop time : ROWARD City/Town : DANIA County BROW Location SW 26TH AVE (S OF GRIFFIN) LN1=NB,LN2=SB Jul 31 Total Volume for All Lanes - ------------------------------------------------------------------------------ 11 End Time 00 01 02 03 04 05 06 07 ---- ---- ---- ---- ---- ---- 15 2 1 0 1 1 1 3 23 12 24 8 23 30 0 0 0 0 2 2 6 7 10 14 11 19 45 4 1 4 3 0 1 14 17 23 5 7 10 00 5 1 1 0 0 1 8 23 --16 --17 -12 --15 ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 11 3 5 4 3 S 31 70 61 60 38----6- ------------------------------------------------------------------------- End Time 12 13 14 15 16 17 18 19 -20 --21 --22 - - - - i5 10 - 17 17 21 11 20 25 27 28 22 30 11 8 19 19 27 16 23 15 17 5 3 B 45 8 9 20 22 16 30 23 17 28 12 8 3 00 8 9 6 e 17 46 15 18 6 --12 --- --- - -- 6 4 -- ----- -- ---- ---- ---- ---- ---- ---- ---- ---- Hr Total 37 43 62 70 71 112 86 77 79 51 24 -21 -- --------------------------------------------------- 24 Hour Total : 1091 AM peak hour begins : 08 :30 AM peak volume : 77 Peak hour factor : 0. 80 PM peak hour begins : 17:30 PM peak volume : 124 Peak hour factor : 0. 67 ##+t#+t#t##***#*#t+tt#t#t+tt#tYtt##t*ttt+***##*t**#**+ttt#*+*##+***tt#+*#++tt#+ i �l A 111 41A twill •� ,. NNhR J. f � , w.�� i1..�7 e. 4.7.. 'ems ��� � tea:•n w..M.1! ��� 1 ,� �i .ts S+IPR8iCt7 Sw CR llt SCrY,ONEA OR • � '"" _ .� fir—: t �{" I + V V1 1 _.� U Yam. n ■ � MAP ...r '� W .a VA, S 21�0 Tri ` � ,f� Yr� "' :. fi rs.'LYA W �r1 Y • a .a.a b► .w . rw :i - • s Ammj Ic v rfY a I� a• aaaa � _� F .� � � ��LleAtt�l� Ilsll✓ "+F� !1 $ _t-Erii - 1 _ 1 1�_�t 3 ( ( ( 1 1 c SP12STii AVE a• ,T'' L�1 < 1 ii L 0 � �� 7, 1 ► I. � ' x iA 6S@Qt��1 41 • * is .r �� - r RECONNAISSANCE LEVEL FIELD ASSESSMENT SW 25th AVENUE PROPERTY I Broward County City of Dania Beach, Florida Section 32, Township 50 South, Range 42 East PREPARED FOR: TREND CORP. & CLASSIC TOWNHOMES, INC. AUQUST 30, 2007 MIC39TI] SEP 10 2007 BY: Planning Department 1OC'I:1Fi:S , INC . ECIOLOGWAL E\GINi?ET.S 1 1 IiN1IRO\1IIi:\'fAi. CONSt'LT:1\ 1' ifll�{;I,4 61�� 1:21130 ti.IY. 121.h DA Ir, FLORIDA ::33>:5 (951 ) 3 0 'D SW 25`h AVENUE PROPERTY INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this 7.25-acre tract of land located south of Griffin Road, west of SW 25 h Avenue, City of Dania Beach, Section 32, 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 a by paved road on the east side, by residential development on the south and west sides, and by commercial development on the north side. According to previous aerial photos, a large residence was located on the south end of the parcel until sometime in-2005. The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed for commercial or residential purposes. VEGETATION The site can best be described as a large residential parcel that contained a house on the south end of the property. Remnants of the house pad and landscaping are still visible. The canopy vegetation consists of tropical almond (Terminalia catappa), java plum (Syzygium cumini), areca palm (Chrysalidocarous lutescens), cabbage palm (Sabal palmetto), schefflera (Schefflera actinophylla), fcus (Ficus spp.), gumbo limbo (Bursea simaruba), Brazilian pepper (Schinus terebinthifolius), black olive (Bucida buceras), live oak (Quercus virginiana), and strangler fig (Ficus aurea). The understory and groundcover consists of snake plant (Sansevieria hyacinthoides), philodendron (Philodendron spp.), air potato (Dioscorea bulbifera), Virginia creeper (Parthenocissus quinguefolia), bidens (Bidens alba), grape vine (Vitis rotundifolia), Caesar weed (Urena lobata), wedelia (Wedelia trilobata), ragweed (Ambrosia artemisiifolia), sandspur (Cenchrus sop.), Madagascar periwinkle (Catharanthus roseus), rosary pea (Abrus precatorius), oyster plant (Rhoeo spathacea), spermacoce (spermacoce spp.), pigweed (Amaranthus spinosus), Johnson grass (Sorghum halepense), croton (Codiaeum variegatum), elephant ear (Colocasia esculenta), and various grasses and forbs. VJor64PRJ Pocvments�SVJ 25"Avenve Property, CA 2 SW 25`h AVENUE PROPERTY 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 (9) and Dade — Urban Land Complex (11 ). Dade Fine Sand is a moderately deep, well drained, very rapidly permeable soil found on slightly elevated, sandy coastal prairies. The water table is at depths of 60 to 72 inches for 1 to 2 months, generally in the underlying limestone, and the soils are droughty. Dade — Urban Land Complex is composed of approximately 55% Dade Fine Sand, 40% Urban Land, and 5% minor components. 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 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 transient blue jays (Cyanocitta cristata). 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. Protec;od Species Common Name Sciemiflc Name Stave Federal Reptiles Green a nole Arcfis csroiurensis nfa r`a Brown ancle Anotis sag ei r'a nfa Six-iined racerunner Cne1174ophorus sex!irea:us r`a r:ra Birds Ground dove Columbia nfa nfa Mocking bird h""mus poryglxtcs era nda Mourning doves Zenarda rracrcura nfa nla Mammals Nina banded armacillo Dasyrus novemcnctus rla n,a Gray squirrel Sciurus caretbtensis nfa nfa Opossum Dide!phrs vurginia'>a Na r:!a Raccoon Procyrn;ofot r'a rla WordTRJ Documems'.S'VV 25"Avenue Pmpary, EA 3 Table 1 (continued) Amphibian Cak load Buro quercicus nla n:a E = Endangered SSC = Species of Special Concern T = Threatened nla = 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 commercial and residential area. The high infestation of invasive vines and exotic plants has reduced the native habitat, making it difficult for any animals to inhabit. 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. The habitat value is rapidly diminishing due to the extensive infestation of exotic and invasive vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. '•,icrd',r RJ Dccu entMSW 25"Aveme Pmpeity, EA 4 - - - a-42 --- SV:42rd-54 h E, !i SVd 44 th ST ll V l I S hSGN SGti�45ih St -- l 4_tfiSt _ a w uz r qNq v 0 ry D V ' sW 46th�t ' co SW 461n Ct _ f' _ :SV'V47th Sf A SW 47tfiSt _ i j 1 SVJ 4 5fth St CJ cq Avenue Propelr9 IW4ath St m ; - . � � Dania I Inn A,.c3a St� S- UJ 9 Q T C1 ' Q } m m D N ry .'a, y Tiger Tall m _ Lake Park co t S`J151stCt "--- a - SW51StCt 0 SW 51stPI SW52ndSt C-0 sla :aa� iL"�52^C1 .wit ti F,.,C4m;=y „ SW 53rd Ct SUB 54ttt St T SL"d 54'h ✓t Q r S'dV 541h Pi r� SW N E Marina Cr Emerald -- Brvd Ttyrrtad Blvd _- LO Svv 55ifi St x� o a' � o VCRIH m' tiTS LOCATION MAP I'HILLIP R. JI3IRUSTI - - T 277-2 -- --- _� & ASSOCUTES, INC. SW 25P1 AVENUE PROPERTY i $rY 257ri A,-r �\ ECOLOGICAL ENGU FEES ENVIRONMENTAL CONSULTANTS ! t,C AP TREfdD CORP. rw CLP...SHC T(I'.,NH..L.E�Itzroa S.W. izia eeurt V/ u DA.NIA, FLiIHIGA DAYtE, PLOPSDA 99325 5-30-C'7 390'WARO COUNTY. S72 - T50 - q42 :.r ysu t!na� (054) 370-13e70n- .. ---r, `'!• a+f w ��c °��a � �'�c�p',�y Y• ff�� a It ADA IM A RIM lI �� � •� F 's ,.. a � % t y •� •y�Y T I aY •µ I:OA I ii... LI ff • ;-d IA o i y. � rb asR ' 3 �•: .. .� �w f . i y I •y~ � �, � , ;k ��.�,• .;, I_ ..rare A 0 low IL ip .� S _ � "l� arc :•t,�x .aHP c,a •_ r IF Am �� 'n RZ-14-05 /PL-20-05 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, January 22, 2008 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: RZ-14-05 — Rezoning request by Troy Ippolito, T.H.B., Inc., for property located on the West side of SW 251h Avenue South of Griffin Road from the current zoning designation of Broward County Single Family (R-lC) to City of Dania Beach Planned (PRD-1) to allow the construction of 18 two-family villas for a total of 36 units. ORDINANCE NO. 2007-026 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., TO REZONE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN 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 R-IC (SINGLE FAMILY RESIDENTIAL), TO PRD-1 (PLANNED RESIDENTIAL DEVELOPMENT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Perimeter Plat (PL-20-05) approval to allow the proposed construction of 36 residential lots (18 two- family villas). ORDINANCE NO. 2007-027 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER, TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR THE "IPPOLITO ISLE PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN ROAD, 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 "IPPOLITO ISLE PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Waivers to allow: a) 30% - 39% pervious area per lot for 12 of the 36 lots. (Chapter 28, Article 29 Pervious and Impervious Areas, allows a minimum of 40% pervious area for residential uses). b) 10 foot interior side yard setback (Chapter 28, Article 20. Supplementary Use Regulations Planned Residential Development (PRD-1) requires a 15 foot interior side yard setback). The above requests relate to the proposed requests for a Site Plan (SP-05-06) to allow the construction of 18 two-family villas, totaling 36 residential dwelling units in a gated community. LEGAL DESCRIPTION - TRACT 8, LESS THE NORTH 391 FEET THEREOF, AND INCLUDING THE SOUTH 8 FEET OF THE NORTH 391 FEET OF THE WEST 223 FEET OF TRACT 8, BLOCK 1, A SUBDIVISION OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SUBJECT TO ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 10 FEET OF SAID TRACT 8. 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) 924-6805 x3645 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 Clerk at 100 W. Dania Beach Blvd, Dania Beach, FL 33004 or (954) 924-3600, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: Friday, January 11, 2008 Location Map Ippolitto Isles: Fi - - — - C-2 7 This RM — Site r- sil l.f RM { M fps �i � I N o c a o N 'E O O N N _ CL Q O t o t o l U m N O Co N V V V V m V V V O O O O co 10 Ln L) L() Cn to t0 Co OJ In Co to M In t!) 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M (`7 M M M M M M M M C�) C? M (`� M M M M M Cl) t7 C''1 M C") M O M N N N N N N N N N '7 V VN, C11 V d' V V V V V V q' 17 17 Q V d' d' V' V V V V' V V V V IT d' V V V' �' q' IT �'OO M `O O O O M O M M M O O O M O i0 M O O i0 `O )0 LO 0 0 0 0 )O O O O M O M M M U CITY OF DANIA BEACH Agenda Item # (. Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2007-193 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY THE PROPERTY OWNER TROY IPPOLITO,PRESIDENT OF T.H.B.,INC.,FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE AND SOUTH OF GRIFFIN ROAD,IN THE CITY OF DANIA BEACH,FLORIDA,PROVIDING FOR CONFLICTS:FURTHER,PROVIDING FOR AN EFFECTIVE DATEMENEM V. ,. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ The applicant, Associated Engineers of South Florida, Inc., on behalf of the property owner, Troy Ippolito, T.H.B., Inc. submitted the following applications for property located on the west side of SW 25 Avenue, south of Griffin Road, immediately south of Tropical Acres. SP-05-06 - Site Plan for Planned Residential Development containing 18 two-family villas (36 dwelling units) in a gated, private community. Waivers to allow a 10 foot interior side yard setback or 20 feet between buildings (PRD-1 requires a 15-foot interior side yard, or 30 feet between buildings). -ImpactlGost"Marys Resolution Staff Report Location Map Application Site Plans Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25r" AVENUE AND SOUTH OF GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Article 20 "Supplementary Use Regulations" for "Planned Residential Development", of Chapter 28 of the City Code of Ordinances of the City of Dania Beach, Florida, sets the area requirements for uses within the PRD-1 zoning district; and WHEREAS,Article 29"Pervious and Impervious Areas",of Chapter 28 ofthe City Code of Ordinances of the City of Dania Beach, Florida, sets the minimum pervious area requirements for uses within residential zoning districts; and WHEREAS,the property owner,Troy Ippolito,President of T.H.B.,Inc., is requesting site plan approval for the proposed construction of 18 two-family villas,totaling 36 residential dwelling units in a private residential community,to be generally located on the west side of SW 25`h Avenue and south of Griffin Road, in the City of Dania Beach; and WHEREAS, the property owner is requesting a waiver (WA-42-06) to provide the following: a) 30%-39%pervious area for 12 of the 36 lots(40%pervious area required for each lot); and b) 10 foot interior side yard setback or 20 feet between buildings(PRD-1 requires a 15-foot interior side yard, or 30 feet between buildings); and WHEREAS,the Planning and Zoning Board on September 27,2007,recommended that the City Commission grant the site plan request(SP-05-06),subject to certain conditions,based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; and WHEREAS,the Planning and Zoning Board on September 27,2007,recommended that the City Commission grant the request for waiver(WA-42-06),subject to certain conditions,based upon the criteria set forth in Sections 29.10 of Article 29 and 20.30 of Article 20, of Chapter 28 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-05-06) for site plan approval and(WA-42- 07) request for waiver, copies of which are attached and made a part of this Resolution as Exhibit "A" are approved with the following conditions to be addressed prior to issuance of a building permit: I. Sheet SP-I `Site Data' incorrect,revise the following: • Future Land Use designation—eliminate `plus allocation of 4 reserve units'. • Proposed density—revise to `5 units/acre'. • Parking required—revise to `3 reserved spaces plus a .25 guest spaces per d.u.' 2. Applicant to provide a tree preservation bond to assure compensation for trees that do not survive preservation or relocation (Amount to be determined prior to Commission Review). 3. Applicant to pay to the City's Tree Preservation Fund the value of the trees to be removed from the site (Amount to be determined prior to Commission Review). 4. Tree bond and mitigation amounts shall be deposited prior to issuance of any clearing, filling, or construction permits (Landscape Consultant). 5. Tree removal permits shall not be issued until developer applies for a building permit and submits permit level drawings. 2 RESOLUTION#2008-006 6. On Sheets E-2, L-1, and LP-I, E-2, provide 4" X 4" tapping sleeve and value, 4" X 8" increaser (reducer) and 8" G.V. (Public Services). 7. On Sheet L-1, do not plant trees over or adjacent to utilities (Public Services). 8. Recommend installation of solar lighting (Public Services). 9. Submission of sealed fire flow calculations to determine water demand requirements for this project(Fire Marshal). 10. Fire Department to perform on-site evaluation of fire flow test (Fire Marshal). It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 of Chapter 8,of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK 3 RESOLUTION#2008-006 APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 4 RESOLUTION#2008-006 Location Map Ippolitto Isles: C-z This - -- RM Site RM . i i fITPIT �' _ i 1 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (934) 924-3545 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment JAN - 6 2fD1 ❑ Plat ❑. Plat Delegation Request ITRezoning Date Reed: Site Plan ,O lj6 ❑ Special Exception Petition No. �r ❑ Special Request ❑ Trafficway Waiver ❑ Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the "Application Type" 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. Location Address: west side of S.W. 25th Ave., South of Griffin Road, mania Beach Lot(s): 8 Bak: 1 Subdivision: Portion of.Sec. 32-50S-42E Recorded Plat Name: Reed Land Co. Sub-Plat Book 2-32 Folio Number(s): 5042 3201 0110 Legal Description: See Attached Exhibit "A" AppllcanVCZui egal Representative (circle one) Associated Engineers of South Florida, Inc. Address of Applicant: 5450 Griffin Road, Davie, FL 33314 Business Telephone: (954)584-6880 Home: Fax: 954-584-2862 Name of Property Owner: T H_a_, Tnr_' a Florida Corporation Address of Property Owner: 313 S.E. 6th'St. Dania, Florida, 33004 Business Telephone: 954-458-7620 Home: 954-931-4787 Fax: 954-456-6402 Explanation of Request: Site Plan Prop. Net Acrrea9e: ' Gross Acreage: 7.25 AcProp. Square Footage: 315,936 Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Vacant Proposed Use: Residential Is property owned individually, by a corporation, or a joint venture? Corporation APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: Associa Engineers of South Florida, Inc. This 6 day of �cc�tio. 20 c� . Signature. Date: Gustavo X. Aguirre, President Sign Name of Notary Public (Print Name) State of( ) Laura E. Babinec 5450 Griffin Road, Davie, FL 33314 Print Name of Notary Street Address, City, State and Zip Code OFFICIAL pRYSE/�. ---- ------- CommissionExpi s:--LAtJIME-BABINEE-- -954=584=688U•- Fax:-95�I584=2862 Seal: NUCARY PUBLIC 3rA 1 elephone No. &Fax No. COMMISSION NO.DDIS1613 MYCOMMISSION N )AN.30.?�7 INDMDUAL OWNER NOTARIZED SIGNATURE: is to certify that I am the fee simple owner of subject lands deseandtha autho ' (Applicant/Consultant/Representative) make and the aforesaid application. Sworn to and subscn before me Owner: This _day of Signature: ate: Sign Name of Notary Public rint Name) State of( ) Print Name of Notary Street Address, City, State and Zip C Vol Commission Ex ' s: Seal: Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) Associated Engineers of South Florida. Tnc. to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This Oho day of Al h)1 202. 2 Signatur : % �•I� ► fJG Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) �'CGNro. E Print Name of Notary Street Address, City, State and Zip Code OFFICIALNOTARYS —4- 9 51 ._ 8 . Commission ExpiresLNC0YrA=RYFUBt1C-ffkTE-CWFLCR1M 1NEC OF1•wRlp�Seal:----- honeNo. &FaxNo.- =81613 . AN.30,2007 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This into certify that the below referenced that the duly authorized persons are the owners of jest lands dew ibed above and that all partners have authorized (Applicant/Consultant/Re senta3.ve) to make and file the aforesa• pplicatlon. Sworn to and subscribe efore me This_day of Signature: ate: (Print Name Sign Name of Notary Public State of( ) Print Name of No Street Address, City, State. and Zip Code Commis Expires: Sea • Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. , r EXHIBIT "A" (LEGAL DESCRIPTION) Tract 8, less the North 391.00 feet thereof, and including the South 8.00 feet of the North 391.00 feet of the West 223.00 feet of Tract 8, Block, 1, a subdivision of Section 32, Township 50 South, Range 42 East, according to the Plat thereof, as recorded in Plat Book 2 at Page 32 of the Public Records of Miami-Dade County, Florida, subject to road Right-of-Way over and across the West 10.00 feet of said Tract 8. Said property lying and being in the City of Dania Beach, Broward County, Florida, containing 7.25 acres more or less. 04-1I1Exhibit A legal r 03GvC0NNAISSANC FIELD ASSESSMENT SW 25th AVENUE PROPERTY I Broward County City of Dania Beach, Florida Section 32, Township 50 South, Range 42 East PREPARED FOR: TREND CORP. & CLASSIC TOWNHOMES, INC. AUQUST 30, 2007 11999TO SEP 10 2007 BY: Planning Department & AY-i'OC'I1TI?S , INC . ECOLOGICAL ENGINE RS ENVIRONMENTAL. CONSULTAN N 12111 Court DAVIE, FLORIDA 33325 a's h:a 't :r,� . ;I"NI c.. (951 ) 37 0—fSf3;'UU SW 251h AVENUE PROPERTY INTRODUCTION A Reconnaissance Level Field Assessment was conducted on this 7.25-acre tract of land located south of Griffin Road, west of SW 25"' Avenue, City of Dania Beach, Section 32, 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 a by paved road on the east side, by residential development on the south and west sides, and by commercial development on the north side. According to previous aerial photos, a large residence was located on the south end of the parcel until sometime in-2005. The immediate area surrounding the property, with the exception of isolated wooded areas, has been developed for commercial or residential purposes. VEGETATION The site can best be described as a large residential parcel that contained a house on the south end of the property. Remnants of the house pad and landscaping are still visible. The canopy vegetation consists of tropical almond (Terminalia catappa), java plum (Syzygium cumini), areca palm (Chrvsalidocarpus futescens), cabbage palm (Sabal palmetto), schefflera (Schefflera actinophylla), ficus (Ficus spp.), gumbo limbo (Bursea simaruba), Brazilian pepper (Schinus terebinthifolius), black olive (Bucida buceras), live oak (Quercus virginiana), and strangler fig (Ficus aurea). The understory and groundcover consists of snake plant (Sansevieria hyacinthoides), philodendron (Philodendron spp.), air potato (Dioscorea bulbifera), Virginia creeper (Parthenocissus guinguefolia), bidens (Bidens alba), grape vine (Vitis rotundifolia), Caesar weed (Urena lobata), wedelia (Wedelia trilobata), ragweed (Ambrosia artemisiifolia), sandspur (Cenchrus sop.), Madagascar periwinkle (Catharanthus roseus), rosary pea (Abrus precatorius), oyster plant (Rhoeo spathacea), spermacoce (spermacoce sgp.), pigweed (Amaranthus spinosus), Johnson grass (Sorghum halepense), croton (Codiaeum variegatum), elephant ear (Colocasia esculenta), and various grasses and fortis. o.rorc",PRJ QocumertslSlV 25"Avenue Property. rA 2 SW 25`h AVENUE PROPERTY 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 (9) and Dade — Urban Land Complex (11 ). Dade Fine Sand is a moderately deep, well drained, very rapidly permeable soil found on slightly elevated, sandy coastal prairies. The water table is at depths of 60 to 72 inches for 1 to 2 months, generally in the underlying limestone, and the soils are droughty. Dade — Urban Land Complex is composed of approximately 55% Dade Fine Sand, 40% Urban Land, and 5% minor components. 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 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 transient blue jays (Cyanocitta cristata). 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. ProtectedSpccfes Common Name Sciemi{;o Name State Federal Reptiles Green anole Aeolis caro.'irrensis nia n'a brown ancle Ano+is sa rei n.a n'a Six•fned racerunnar Cnern'dophorus sex!ioeatus r'a n'a Birds Ground dove columbiapasserrna n'a n!a Mocking bird Minus pofyrJJo7os n!a n'a Mourning doves Zenaida macrura r'a n'a Mammals Nine handed armadillo Dasypus novemonolus n`a n'a Gray squirrel sciurus carolinensrs n!a rda Didetphis vurginiana n!a c!a Opassum _ Raccoon Procyonlofot r'a rt.a vcordtPRJ Dacunerts1S%M 25"Avenue Propary,EA 3 Table 1 (continued) Amphibian Oak load sufo 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 commercial and residential area. The high infestation of invasive vines and exotic plants has reduced the native habitat, making it difficult for any animals to inhabit. 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. The habitat value is rapidly diminishing due to the extensive infestation of exotic and invasive vegetation and the deterioration caused by development in the surrounding area. No portions of the property appear to be environmentally sensitive. ''-Ncrd.PRJ DJCur Li SS VV 25"Avema Property. EA 4 u , .42 - SW 42nd5 23- Q c a -- -- n G� IiI \`q1 Rv i�tcl a,� Crohhouse SN'f 44th ST- r� U !^tl t] y co 5 7 . . s D C y SVJ 46th-CC SNIP 40 CA,_ i i_. s � � I n SW-07th Sf ! fi sw 47tfiT St V)— o€_. -. 501 Mri Accoue Property rWAM St -- --.. IDDania Tri?aA FTv HL'dJD � Dania Inn A rprt St Q S +f7 C a @ D N U Tiger Tait ¢. , Lake ParkILI) c0 l - $`r"1 51 st Ct —"'. - SW 51 st Ct 0 SvV 51 st PI SNd32nd St Cr :iamc/a70 3'.44 52nd St F��r C.mcary h t? i C SNJ 52Id Ct - $W 54th St U 54cn St SNJ 54th PI f M. SW N E Marina Or �,7 1. Emerald B%-d T t2aftaii Blvd-- 07 SuV 55ifi Si � � o NORTH _ _LQC_ATIC<d M -,P _ i PIiILLIP R. JLIIRUSTI 277-2 — _ & ASSOCIATES, INC. S'N 25111 1 AVENUE PROPERTY —� S'4 257n A: E ECOLOGICAL ESGIV'ELPS f----;-,! r;+.�e _ L. �i�-`j} 1 �� ENVIFLONME.VTAL CONSULTANTS 4 t.00APION MAP TF EI'+U CORP, { CLASSIC li):^(':F!(1.1r \ :'I " { 1273D S.W. 12th Court r--- DANIA, FLORIDA ( DAVIS. PLDRIDA 33325 9B"3D-D? 3ROWA ZD COUNTY, 53Q - T50 - a42 'u r�su :artnt (054) 370-11870 '1 w A It OP 41 oil Z ' 9f J` � I • l o cr� __I �` 10� � j - :• I Bill >� v . .�.^ _..►r'� >�` f. � a +---tr _ 1EawJ3 I ' WHERE PLAYING IN TRAFFIC IS SERIOUS BUSINESS August 6, 2007 Troy Ippolito TRENDCORP 325 Layne Blvd Hallandale, FL 33009 RE: IPPOLITO ISLE ERNEST—JONES TINTER PROJECT NO. 07-0710.01 Dear Mr.Ippolito In order to assist you in obtaining site plan approval for Ippolito Isle in the City of Dania the following tasks have been completed: 1. Trip Generation Analysis was performed to determine the difference in expected traffic generation between the existing zoned use of 36 Single Family home units to the proposed 36 Townhome units. Trip Generation was performed according to Institute of Transportation Engineer's (ITE) Trip Generation Manual, 7"' - a. The 36 Single Family home units as per existing zoned use are expected to generate 406 net new daily trips as shown in Table 1. Of these, 35 trips are expected during the A.M. peak hour and 43 trips during the P.M. peak hour. b. The 36 Proposed Townhomes are expected to generate 263 net new daily trips as shown in Table 2. Of these, 23 trips are expected during A.M. peak hour and 26 trips during the P.M. peak hour. It is observed that by changing the land use from Single Family home to Townhome the net new trips are reduced from 406 to 263. 2. In order to analyze the existing conditions at S.W.261h Avenue and Griffin Rd, traffic data was collected by using tube counts over a 24 hour period shown in Attachment 1. It is observed from the tube counts that the total outgoing traffic including project traffic adds up to 656 vehicle trips over 24 hour period. The total trips on SW 261h Avenue are significantly insufficient to warrant the construction of a traffic signal as per standards identified in the Manual of Uniform Traffic Control Devices, published by Federal Highway Administration (FHWA). If you have any questions regarding this study or need further information, please feel free to contact me. Since el , A Yves S. 'Anjou, P.E. Division ce President 12500 West Atlantic Blvd. Coral Springs, FL 33071 Phone: 954.34-4.9855 Fax: 954.341.5961 www.reice.com TableTRENDCORP Page 2 IPPOLITO ISLE Trip Generation for ExIsUng Zoned Use ,_ Daily Trip Site Site Traffic Category LUC Units Size Generation Equation Traffic Enter Exit vpd I vpd vPd M.POM How A Pn Peak Hour Trip Site Site Traffic Ca?eyory LUC Units Size Generation Equation Traffic Enter Exit PM Peak Hour Trip Site Site Traffic Catey ory LUC Units Size Generation Equation Traffic Enter Exit TRENDCORP August 3, 2007 Page 3 Table 2 IPPOLITO ISLE Trip Generadon for Proposed Townhomes •: Daily Trip Site Site Traffic Category LUC Units Size Generation Equation Traffic Enter Exit I©® vpd m m�� U AIP Peak Hour Trip SJAM.Peak Hour ite Site Traffic Category LUC Units Size Generation Equation Traffic Enter Exit ��� P"Jl Peak Hour Trip Site Site Traffic ph [P.M.Peak How Category LUC Units Size Generation Equaton Traffic Enter Exit Townhomes m® 36 U = r %VHM r PME 24-HOUR MACHINE COUNT Volume Report with 24 Hour Totals Page 1 Data File : D0731001.PRN Station : 000007300717 Interval 15 minutes Identification : 000000001017 Start time : 00:00 Start date : Jul 31, 07 Stop date : Jul 31, 07 Stop time 00 County : BROWA24 24: 00 D City/Town : � Location : SW 26TH AVE (S OF GRIFFIN) LN1=NS,LN2=SB Jul 31 Northbound Volume for Lane 1 - --- - --- -------------------------------------------------------08 11 End Time 00 01 02 03 04 -- ---- 06 07 -- ---- ---- -- -- - ---- ---- ---- 19 ---� 0 0 0 0 1 2 15 8 14 4 1 30 0 0 0 0 1 2 4 3 3 9 6 9 45 1 0 1 2 0 1 10 11 3 3 4 4 1 00 2 0 0 0 0 1 5 14 5 7 8 9 ---- ---- ---- ---- ---- ---- ---- ---- -------- ---- 31 Hr Total 3 0 1 2 1 5 -- ---43----32----35----19------ ------------------------------ ------------ End Time 12 13 -- -- 16 -- -- -- 20 ---- ---- ---- -------- ---- 23 - ---- ---- ---- ---- - - 17 1 15---- 2 10 2-- 6 ---8 - - g— --5--- 1Q----12 - 14 - --- - -- 2 -1 30 5 3 8 9 13 6 14 8 45 0 4 10 2 10 16 le 4 12 6 3 2 00 3 6 3 ---- ---- ---- -------- ---- ---- ---- ---- Hr Total 14 21 29 24 32 47 44 35 44 - ---- ---- -- - -------------------------------------------- 24 Hour Total : 522 44 'Peak hour factor : 0.79 AM peak hour begins : :30 AM peak volume . 57 Peak hour factor : 0 .89 PM peak hour begins 17 17 :30 PM peak volume . Jul 31 Southbound Volume for- - --- ------------- Lane 2 ------ - ------------------------------ ---- - ---------------- 08 End Time 00 01 02 03 04 -- 06 07---- ---- 09 10 1 ---- ---- -- -- 12 ---15----- ---2- --- 1- 0 1 B 4 10 4 D 1 1 7 5 5 10 0 30 0 0 1 0 2 4 0 4 6 10 2 3 6 45 3 1 3 1 0 0 00 3 1 1 0 0 0 3 9 8 B - 7 ---8 -----ta ---- ---- ---- ---- ---- ---- ---- ---- Hr Total B 3 4 2 2-----0 10 27 29 25 19 3 --------------------------- -------- -- ----------------------------------- End Time 12 13 14 15 16 -- 18 19 20 --- -- -- ---- ---- ---- ---- ---- ---- 5 4 4 g g 16 4 10 13 17 17 13 1 7 30 6 5 11 10 14 10 9 7 4 3 45 B 5 10 14 6 15 13 8 13 00 5 3 3 6 10 30 7 14 4 6 --- --- 3 2 ---- ---- ---- - - -------- ---- 16 Hr Total 23 22 33 46 39 65 42 42 35 ---28----13------ 24 Hour Total 569 AM peak hour begins : 11:00 AM peak volume 36 Peak hour factor : 0 .75 peak volume 68 Peak hour factor 0.57 PM peak hour begins : 17 :15 P 57 PD&E 24-HOUR MACHINE COUNT Volume Report with 24 Hour Totals Page 2 Data File : D0731001.PRN Station : 000007300717 minutes Identification : 000000001017 Interval Start time : 15 15 Start date : Jul 31, 07 Stop time : 00 :00 Stop date : Jul 31, 07 P City/Town : DANIA County : BROWARD Location : SW 26TH AVE (S OF GRIFFIN) LN1=NB,LN2=SB Jul 31 Total Volume for All Lanes - ------------------------------------------------------------------------------ End Time 00 01 02 03 04 05 06 07 08 09 --10 --11 ___ ___ ---- ---- ---- ---- ---- ---- ---- ---- ---- 15 2 1 0 1 1 1 3 23 12 24 B 23 30 0 0 0 0 2 2 6 7 10 14 11 19 45 4 1 4 3 0 1 14 17 23 5 7 10 00 5 1 1 0 0 1 8 23 16 17 12 15 -- ----- ---- - ---- ---- ---- ---- --- ---- ---- ---- ---- ---- - --- Hr Total 11 3 5 4 3 5 31 70 61 60 38 6 -------------- ------------------------------------- -------------------------- 23 End Time 12 13 14 15 16 17 18 19 20 21 22 ---- ---- ---- ---- -------' ---- ---- — -- -- - - --- -- —-------- — -- 2 - 15 10 17 17 21 11 20 25 27 28 22 7 30 11 8 19 19 27 16 23 15 17 5 3 8 45 8 9 20 22 16 30 23 17 28 12 8 3 00 8 9 6 8 17 46 15 18 6 12 --- --- 6 4 -------- ---- ---- ---- ---- ---- ---- ---- - --- ---- ---- - - Hr Total 37 43 62 70 71 112 86 77 79 51 24 21 ----------------------------------------------------------- 24 Hour Total : 1091 AM peak hour begins • 08:30 AM peak volume : 77 Peak hour factor : 0. 80 PM peak hour begins • 17:30 PM peak volume : 124 Peak hour factor : 0. 67 I . li 1 IN IL I _ wa fl_I `� ±L.+� „��,� { al. s:a '�• 'sn v r �, . -y�11- rw.t .rt' � � ! 1.d� � x 1 'a i4c�� Y7 a "�*T�peyVal�STE3t rsr• _,r _'� --.� OR �.� p I.a cY il� l - r• •� w'-� T EA • - y ,! sy+s '�' '�'fs=.klADtS1 awl � a x {+►«_� ►rk � s �' 1 AT 7RZ LLE'L�� .....r•Y 1. ys t #P 4 1.91 AL•E� ■ _ do i lr i u a .� {-• +'4 t ffffYYYY���� {{ RMIC �I . � w I sn.�eada..n CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DIVISION PLANNING DEPARTMENT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C� Corinne Lajoie, AICP, Principal Planner — SUBJECT: The applicant, Associated Engineers of South Florida, Inc., on behalf of the property owner, Troy Ippolito, T.H.B., Inc. submitted the following applications for property located on the west side of SW 25 Avenue, south of Griffin Road, immediately south of Tropical Acres. RZ-14-05 - Rezoning request from Single Family Residential (R-SC) to Planned Residential Development (PRD-1) to allow the construction of 18 two-family villas (36 units) SECOND READING. PL-20-05 - Perimeter plat approval to allow the proposed construction of 36 residential lots (18 two-family villas) SECOND READING. SP-05-06 - Site Plan for Planned Residential Development containing 18 two-family villas (36 dwelling units) in a gated, private community. Waiver - Waiver to allow a 10 foot interior side yard setback or 20 feet between buildings (PRD-1 requires a 15-foot interior side yard, or 30 feet between buildings). PROPERTY INFORMATION ZONING: Broward County Single Family (R-1C) PROPOSED ZONING: Planned Residential Development (PRD-1) LAND USE DESIGNATION: 5 units per gross acre The Planning and Zoning Board deferred this in 2006, recommending the applicant meet with the neighbors regarding the proposed site plan. Since the plan was first reviewed, the applicant eliminated four units (from 40 units to 36 units), provided additional guest parking, and more clearly defined public and private open spaces. REZONING (R-1C to PRD-1) Current Broward County R-1C zoning permits up to 36 single-family homes on 60' x 100' lots. Proposed PRD-1 zoning allows 36 dwelling units (18 two- family villas) on 41' x 110' lots. This is four fewer units than the original plan and is consistent with the Low 5 Residential Comprehensive Plan Designation. The City Public Services Director confirms (see attached) that 36 two-family villas generate less traffic than 36 single-family homes. The Public Services Department does not recommend traffic calming along SW 25th Avenue or SW 49th Court unless requested by neighborhood petition and submitted to the City. The applicant has submitted a wildlife inventory as per the City's wildlife protection ordinance (included in backup). Zoning and existing land use of adjacent lands are as follows: ADJACENT I Zoning Existing Uses SITES North Commercial C-2 Restaurant South R-1T Mobile Home Park East R-1C Single Family Homes West RD-8000 (Duplex) Duplex SUBDIVISON PLAT City code requires the dedication of 13,000 sq. ft. of public open space. The plan provides 14,000 sq, ft. of public open spaces in the form of a 29' wide linear park on the west side of SW 25th Avenue. In addition, the plan provides: a) 30,000 sq. ft. of tree conservation area, b) 22,000 sq. ft. for dry retention, and c) 75,000+ sq. ft. open space on the 36 individual lots. Over 70% of the entire project is devoted to private and public open space. Under existing Broward County R-1C zoning, only 40% open space is required. SITE PLAN The applicant is proposing 18 two-family villas, totaling 36 residential units PP P P 9 in a walled, gated, private residential community. Each villa is two stories and includes a two-car garage. Villas backing onto the linear park along SW 25th Avenue will have swimming pools. The community entrance is located SW 25th Avenue across from SW 49th Court. The right-of-way for SW 25th Avenue is currently 17 feet wide. The plan proposes expanding the pavement width to 24' - 25' and constructing a sidewalk on the west side of the road. These improvements will extend from the dead-end of SW 25th Avenue to approximately 200' north of SW 49th Court. The plan complies with PRD-1 perimeter building setbacks, parking, and public park dedication requirements. With the exception of the distance between villas (interior side yard setbacks), the site plan meets PRD-1 zoning requirements. Staff requested a revised landscape plan from the applicant. The applicant provided revised the landscape plans on January 14, 2008 for review by the City's Landscape Consultant. The Landscape Consultant will present his findings at the public hearing on January 22, 2008. The site plan was reviewed by the Fire Marshal, Public Services, Zoning Department and the City's Landscape Consultant. The applicant must address following issues identified by staff: 1. Applicant to provide a Tree Preservation Bond to assure compensation for trees that do not survive preservation or relocation prior to issuance of any clearing, filling or construction permit. 2. Applicant to pay to the City's Tree Preservation Trust Fund the value of the trees to be removed from the site prior to issuance of any clearing, filling or construction permit. 3. Tree removal permits shall not be issued until developer applies for a building permit and submits permit level drawings. 4. On Sheets E-2, L-1, and LP-1, E-2, provide 4" X 4" tapping sleeve and value, 4" X 8" increaser (reducer) and 8" G.V. (Public Services). 5. On Sheet L-1, do not plant trees over or adjacent to utilities (Public Services). 6. Submission of sealed fire flow calculations to determine water demand requirements for this project (Fire Marshal). 7. Fire Department to perform on-site evaluation of fire flow test (Fire Marshall). 8. Applicant to enter into agreement with the City Commission agreeing to maintain the proposed public park area on SW 25th Avenue in perpetuity. WAIVERS Under current Broward County R-SC zoning, 15 feet is required between homes. The site plan provided shows 20 feet between homes, less than the 30 feet required by PRD-1 zoning. Staff has not objection to the waiver. CITY COMMISSION RECOMMENDATION: REZONING & PLAT (FIRST READING) On December 11, 2007 the City Commission recommended approval on first reading of the rezoning and plat. PLANNING AND ZONING BOARD RECOMMENDATION On September 27, 2007 the Planning and Zoning Board recommended approval subject to the applicant addressing staff's comments. STAFF RECOMMENDATION Staff recommendation pending completion of landscape and tree preservation plan review. Page 1 of 1 Loftier, Christine From: Leeds, Larry Sent: Tuesday, October 02, 2007 6:37 PM To: Loftier, Christine Subject: FW: Ippolito Landscape Plan Attachments: I ppolitoFindingsMemo.pdf Chris: There is a problem with Troy's e-mail. Please fax him this e-mail and the attachment. Laurence Leeds, Director Community Development Department City of Dania Beach - 100 West Dania Beach Boulevard Dania Beach, FL 33004 954-924-3640 I f eeds@ci.d ani a-beach.f L us From: Leeds, Larry Sent: Tuesday, October 02, 2007 6:30 PM To: Troy Ippolito (trendcoep@bellsouth.net)' Cc: 'Michael McCoy' Subject: Ippolito Landscape Plan Troy: I asked Mike McCoy at ESciences review your landscape plan. His comments are attached. My concern is that many preserved trees close to sidewalks, roadways, etc. will not survive construction since adequate preservation measures are not identified on plan. In other cases, the plan identifies trees intended for relocation, but does not clearly not show the relocation site. I do not want to present the commission a landscape plan depicting trees that will be not last through the construction. I recommend you and your Landscape Architect meet directly with Mike McCoy at ESciences to address these issues and revise the landscape plan accordingly. Laurence Leeds, Director Community Development Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 954-924-3640 1leeds@ci.dama-beach.fl.us 10/3/2007 ENGINEERING ENVIRONMENTAL es ECOLOGICAL MEMORANDUM Subject: Ippolito Development Landscape Plan Review TO: Laurence Leeds,Community Development Director FROM: Michael McCoy COPIES: DATE: 9/26/07 PROJECT E Sciences Project No. 2-0234-001-0035 NUMBER: City of Dania Beach PZ Log No.SP-05-06/PL-20-05 The following is a summary of recommended comments based on my review of the landscape plans for the above referenced project. General Comments: • Methodology with scoring for determining current specimen tree values should be provided. • A proposed irrigation plan should be provided per Sec. 26-53(i),Dania Beach City Code. Sheet L-I • Add north arrow. • Indicate the perimeter landscape buffer. Sheet L-2 • Provide one overall plant list indicating all landscaping proposed for this project. Four separate tables are currently labeled as Master Plant List and it is unclear if any of these lists show all of the proposed plants for the project.Provide the following information on the overall plant list: o Designate trees in the overall plant list according to shade, intermediate and small tree designations and give totals for each o Designate native status for each o Designate landscape requirements met by each(can be grouped—i.e. 10 live oaks can indicate five for perimeter buffer and five for non-vehicular use area requirements). o Designate trees meeting tree replacement requirements per Sec 26-20,Dania Beach City Code. • Designation of native species required/provided does not account for all landscape requirements and should be revised. • Provide total number of trees to remain, total number of trees to be relocated,total number of trees to be removed,preservation bond value and mitigation value. E Sciences, INCORPORATED 5310 NW 33rd Avenue • Suite 111 • Ft Lauderdale,FL 33309 ph 954-484-8500 fax 954-484-5146 www.esciencesinc.com Page 2 of 3 • Provide total area of non vehicular open space,corresponding landscape minimum requirements and landscaping provided to meet those requirements. • Provide the total linear footage of perimeter landscape buffer,corresponding landscape minimum requirements and landscaping provided to meet those requirements per Sec.26-52,Dania Beach City Code. • Provide the total area of vehicle use areas,corresponding landscape minimum requirements and landscaping provided to meet those requirements per Sec.26-47&48,Dania Beach City Code. • Plant lists on this sheet specify multi-trunk Alexander palms (Ptychosperma elegans),silver buttonwoods (Conocarpus erectus var. sericus)and carpentaria palms(Carpentaria acumunata). According to Florida's Grades and Standards,these trees must be single stem to qualify as Grade 1. Per Sec. 26-53(d), all landscaping required to meet City Code requirements must be Grade 1 or better. These plant specifications should be revised. Sheet L-3 • Duplicate palm planting details are provided, one should be removed. • Additional comments are indicated via redlines(markup)on the plan sheet. • Add to the planting notes the following text from Sec.26-53(i),Dania Beach City Code: Plant ball sizes:Ball sizes on all plant material shall conform to or exceed the minimum standards as noted in the most current edition of"American Standards for Nursery Stock," prepared by the American Association of Nurseryman. Sheet TD-1: • Tree#2,#11,#12,#13 —please provide design modifications for tree preservation or designate trees for removal: trees are within footprint of proposed driveway. • Tree#22 and#119—please designate for removal:trees are approximately five feet from proposed building edge and have existing structural defects. • Tree 485, #106,#107, #120—trees are within proposed utility easement and should be designated for removal. • Tree#69,#77—please clarify preservation measures or designate for removal: trees are on/abutting proposed water main location, surrounded by proposed paving. For retention,paving should be above grade with utilities installed via directional drilling. • Tree#9—tree is within proposed sidewalk footprint. Please provide design measures for preservation or designate tree for removal. • Tree 468—tree is within footprint of proposed covered entrance. Please remove/alter sufficiently covered entrance or designate tree for removal. • Tree 470,488—trees are within area proposed for installation of drainage feature(corrugated metal pipe and infiltration trench) and proposed sidewalk is within five feet. Please clarify preservation measures or designate trees for removal. • Tree#152—tree is within footprint of proposed sidewalk. Please provide design modifications and protection mechanisms for tree preservation or designate tree for removal. • Tree#150—tree is approximately five feet from proposed sidewalk on one side and roadway on the other. Please clarify protection measures for tree preservation or designate tree for removal. Page 3 of 3 • Tree#39A,#50,#53,#92—trees can be retained in-place. Please clarify why relocation is proposed. • Tree#43,#75,4142—tree is proposed for relocation,proposed relocation site is not designated. • Tree#108—existing tree location is designated as relocation site. • Locations of existing trees proposed for removal should be added to this sheet. • Label 8"water main on west side of community road, indicate easement as applicable. • Add north arrow. • In the private recreational area, is appears that approximately one foot of grading is proposed, for use of the site as dry retention. Please clarify tree preservation measures necessary to accommodate proposed tree preservation in this area. • Tree preservation area appears to have proposed grading(5.2' contour)within the area. Please clarify if this is correct and why grading is proposed in this area. Sheet TD-2 • Tree list ends at#161. Please provide information pertaining to all existing trees on the project site. • Add a column indicating monetary value of each tree End of memorandum P:\Projectsl2-300-399\2-0324\Landscape Plans Review\005 Landscape Plan Review Ippolito SP-0506\FindingsMemo.doc Dighally signed by Michael MW M i c h a e l DR cn=Michael McCoy,o=E Sciences,ou, c in,= many@escience9nc. McCoy —m.2-D7 Dace:zoozag.ze I s:aeeo F` oa go Message Page 1 of I I Loftier, Christine From: Orlando, Dominic AUG 2 4 2007 Sent: Friday, August 24, 2007 10:58 AM Manning To: Leeds, Larry Department Cc: Florentine, Kathryn; Williams, Leo; Loftier, Christine Subject: FW: IPPOLITO ISLE TRAFFIC MEMO.doc Attachments: IPPOLITO ISLE TRAFFIC MEMO.doc Hi Larry, I agreed with the applicant's traffic study that 18 duplexes will generate less traffic than 36 single family homes. Traffic calming or diversion may be appropriate, in my opinion it's not required. To be safe, based on traffic calming request made by residents City wide we may want to require them to include traffic calming provisions as part of their project, your call. -----Original Message----- From: Florentine, Kathryn Sent: Friday, August 17, 2007 3:07 PM To: Orlando, Dominic Subject: FW: IPPOLITO ISLE TRAFFIC MEMO.doc See below and attached. From: Leeds, Larry Sent: Friday, August 17, 2007 2:56 PM To: Florentine, Kathryn Subject: IPPOLITO ISLE TRAFFIC MEMO.doc Putting the attached in the Public Services box at CD today. Please have Dominic review report and respond in e-mail by August 27. Thanks. 8/24/2007 INTER-OFFICE MEMO COMMUNITY DEVELOPMENT DEPARTMENT TO: Dominic Orlando, P.E. Public Services Director FROM: Laurence Leeds, AICP, Director G • G�- Community Development Department RE: Ippolito Isle Traffic Study LOCATION: Vacant land located west of SW 24th Avenue, south of Griffin Road (Behind Tropical Acres - see attached map) DATE: August 17, 2007 The applicant can build 36 single-family homes under the current R1-C zoning. The applicant has applied for PRD zoning to build 18 two-story duplexes, or 36 units. Each individual dwelling unit will contain 2,700 sq. ft. plus garage. The site plan (transmitted to your office in May 2007) shows a single project entrance on SW 25th Avenue opposite SW 49th Court. The applicant's traffic study indicates that 18 duplexes will generate less traffic than 36 single-family homes. Please advise if this is correct an also if netephborhood traffic calming or diversion is appropriate given the narrow width of SW 25 Avenue north of the site. Please contact the applicant directly if you require an additional plan. Please respond by August 27, 2007. Thank you. July 19, 2007 TO: Corrine Church, Planner JUL 19 290 FROM: Patti Hoot-McLeod Planning Department Landscape Consultant RE: Troy Ippilito Tree Preservation Bond and Mitigation Amount Ippilito Estates Below are the Tree Preservation dollar amounts and the Tree Mitigation amounts based on the results of a site meeting between the owners,the owner's arborist and the City Consultant which debated the original tree value amounts: Attached are the original value submittal from John Sutton, the field meeting results (hand written in red) and the retyped values noting the results of the field inspection and re-evaluation of the value of the trees. - - Field D&terminatlohs Live oaks: 30"caliper and over value @ 100% $ 12,000.00 20-30" caliper $ 6,000.00 10-20" caliper $ 3,000.00 5-10" caliper $ 1,500.00 > 5" caliper $ 450.00 The value is based upon the agreed percentage of healthy canopy and tree rating schedule as approved by the Intemational Society of Arboriculture. Unfortunately,these values were based upon the trees condition prior to Hurricane Wilma. I am not opposed to Mr. Ippilito submitting a new survey and new values based on the site in its current condition. If not the fees are as follows: Tree Preservation amount $ 136,050.00 Mitigation amount $ 249,890.00 Res tfully sub ed, Patti Hoot-McLeo Landscape Consultant i CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET 0 Route Date 7/26/2007 M IN PZ Log SP-05.06 PL-20-05 Project Ippolito Isles AUG 31DD7 Landscape Information Folio 504232010110 PLEASE REVIEW THE ABOVE REFERENCE p Piannln COMMUNITY DEVELOPMENT DIRECTOR'S S TO BE INCORPORATED IN THE BOARD AND CITY COMMISSION.THANK YOU. THE PLANNING AND ZONING 1 Route Via: Mail ❑ Pick Up Sel In-house ❑ Fire Marshal ❑ Landscape BSO ❑ Public Services ❑ Planner❑ Other Consultants ❑GGA Approved as submitted - -- --- - -- - - _--_--- ---._._.-- Denied-1]--- Comments must address prior Approved w/conditions to PZ/Commission hearing List Conditions Signature Date Print Name v --X- - --- f August 3, 2007 TO: Corrine Church,Planner FROM: Patti Hoot-McLeod Landscape Consultant RE: Troy Ippilito Tree Preservation Bond and Mitigation Amount *****Revised due to hurricane****** Ippilito Estates Below are the Tree Preservation dollar amounts and the Tree Mitigation amounts based on the results of a site meeting between the owners, the owner's arborist and the City Consultant which debated the original tree value amounts versus the value and quantity of the trees after Hurricane Wilma. Tree Preservation amount $ 60,975.00 Mitigation amount $ 47,480.00 _-__ __— --- --- -- The original estimate memo from July is also attached Res ectfully sub i ed, Patti Hoot-McLeo Landscape Consultant p go Q p�U13 Li= Lj O �,� N i o uJe Z () (na'arw 13 mow r3 v w ..fir grow z O WWr U7rS W W Q„ o W n r W Qy dqy V) a ° < a r=LYZ N O H Wrr3w(� ¢W o z_ _ 4 0 L,WLL rF-w�a q I k '"O O(U -j OQ " u LT r r Mra Jz o � . 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II n 1 113 a I �4 QI r II W I I I I' ' I II I I 311 11 I Il all: ,p 1 11 8 I I ]J I III ❑ "'-t_T-__ I_ 2 ._..-..r , l II �{ 11 711 I a1 a ..❑ 1 II I I 1 1 I I ,:_, I a s a_j rw.1._....❑ � If i i j j o � QQ �'�� II all. — I II II II h Y 1111 II 1 = I. 'I. • � ' S II it II •- �� �II , Wei• I I F B a Td a-a W'OOl 4 II I � �:i a a I I .•f M AtlMDSYN"M.S SjW TWn MR QUOM&4 ® CITY OF DANIA BEACH Agenda Item # !. Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: 1-8-2008 RESOLUTION NO.2008-004 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK,ESQ.,ON BEHALF OF THE PROPERTY OWNER,HARBOUR TOWNE ASSOCIATES,INC.,FROM CHAPTER 12,ARTICLE III,SECTION 12-52, FOR PROPERTY LOCATED AT 801 NE 3RD STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-45-07: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting a flood elevation variance for the construction of a dry-stack boat storage building. pi'.li� daP ii Se'ii2Yr'�m3 R t i v' IIy{if I11'( "" .t i4"i'SiN ^v 3 M i a„ i i���q t t' yP°� � �ll > �' Y' a ;l�; 5 A, W�i at;q!d'm'Ngi 'G 3dy,j.Fi xY@ �! w;in¢'rt� C.. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 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 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-004 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 12, ARTICLE III, SECTION 12-52, FOR PROPERTY LOCATED AT 801 NE 3RD STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 12, Article III, Section 12-52 prescribes the finished floor elevation requirements for the City of Dania Beach; and WHEREAS, Stephen K. Tilbrook, Esq., has applied for a variance(VA-45-07) to allow a dry stack boat storage building to have a proposed finished floor elevation of 7 feet 1"(NGVD)for property located at 801 NE 3`d Street, Dania Beach (Dania Beach Code of Ordinances, Chapter 12 "Flood Damage Prevention", Section 12-25 (2), requires 8 feet); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application for variance (VA-45-07) as described above (from requirements in Chapter 12,Article III, Section 12-52),a copy of which application is attached as Exhibit "A" 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 12008. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-004 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-364S General Development Application ❑ Administrative variance ❑ Assignment of Flex/Reserve Units II� E:/ ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning JUL 2 4 2001 Date Reed: a�l ❑ Site Plan ❑ Special Exception planning Petition No.: �' �15-0'7 ❑ Special Request Department ❑ TrafFcway Waiver Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Oty's Building Department, Location Address: 801 NE 3rd Street, Dania Beach, FL 33304 Lot(s): Block; Subdivision: 35-50-42 Recorded Plat Name: N/A 5042 35 OD 0161 Folio Number(s): s042 35 00 0160 Legal Description: see Attached Applicant/Consultant/Legal Representative(circle ore) Stephen K. Tilbrook, Esq. Address of Applicant: 200 E Broward Blvd. Suite 2100 Fort Lauderdale, FL 33301 Business Telephone: 954 B47 3830 Home: 954 617 1717 (cell) Fax: 954 524 5484 Name of Property Owner: Barbour Toy:e Associates Address of Property Owner: l000 N.E. 3rd Street, Dania Beach, FL 33304 Business Telephone: 954 925 030D Home: 954 260 1717 (cell) Fax: 954 922 5484 Explanation of Request: variance from Flood Slain Elevation Requirements of s. 12-52 (2) 11.5 500,940 sq.ft. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Parking / Restaurant Proposed Use: marina / Dry Stack / Restaurant Is property owned individually, by a corporation, or a joint venture? California General Partnership I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040, Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This_day of 20_ Signature: Date: Stephen K. Tilbrock, Esq. Sign Name of Notary Public (Print Name) State of( ) 2D0 B Broward Blvd, Suite 2100, Fort Lauderdale, FL 33301 Print Name of Notary Street Address, City, State and Zip Code Commission Expires (954) B47-3830 office; (954) B47-SS06 Facsimile 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 (Applicant/Consultant/Representattve) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representatve) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This_ day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of:subject lands described above and that all partner have authorized (Applicant/Consultant/Representative) ^,T-�rtgc ,.F :Tow, e Aa—roc r a �c2 to make and file the aforesaid application. Sworn to and subscrr--�b��ed before me This _day of / 20 1 Signature: \ \ Date: -7 �— U / Gary Groenewold, Agent (Print Name)* Westrec Investors, Inc. , General Partner Sign Name of Notary Public PS Marinas 3 and Ps Marinas 4 State of oQ,1.0 A ) ' General Partners of 3ar-Dour Tow+-_e ASSOcia=es StGhE4�& auf2V1 �� FGn 1633 Ventura 31vd, 6th Floor, Encino, CA 91436 Print Name of Notary Street Address, City, State and Zip Code (819) 907-C400 Ext. 243 Commission Expires:Jvj 31 9 DO (B1B) 307-1104 Fax Seal: Telephone No. &Fax No. ach duplicate sheets as required. �. zf4mk/31 MM , C4wnW=0DDMSM �nin� ✓ ice! Aa'�E, SHUTTS BOWEN JUL 14 DOLLP ATTOEYS AND COUNSELORS AT LAW PIaE'�rllFlg Department RN BRIEF DESCRIPTION Harbour Towne Associates requests a variance from the Flood Plain Elevation requirements of section 12-52(2) from a required elevation of S feet above sea-level to an elevation of T1" above sea-level for the planned dry stack storage facility for 176 boats ('Project") at the site. Accordingly, Harbour Towne requests a variance of 11 inches. The Harbour Towne Marina is an existing mixed use marina facility located on the Dania Cut-Off Carnal. The existing building of Harbour Towne (both dry stack and occupied) are located at around 6 feet above sea level. The variance requested is necessary for the ability to accon-nnodate the dry stack operations, which involves the physical lifting of boats from the marina. The Project meets the criteria for a variance as set forth in §12-34 of the Darnia Beach Code. VARIANCE SUMMARY AND CRITERIA STATEMENT 1. The danger that materials may be swept onto other lands to the injury of others. The requested val-iance does not increase the likelihood of materials being swept onto the land of others because of the nature and design of the dry stack facilities, which consist Of a an anchored steel frame structure with concrete slabl,-ravel flooring and a durable metal skin. Although the base floor elevation of the concrete slab flooring will be below the elevation established by code, all boats and other objects Will be stored on racks above the minimum floor elevation. please also note that the proposed building is located in the center of the Harbour Towne Marina and over 300 feet fi-ons property 011777ed by others. 2. The danger of Iife and property due to flooding or erosion damage. The requested variance has no effect upon danger to property or erosion: damage. The flooring of the dry stack facility, in the event of flooding, will drain without any danage. The new dry stack facility rn;ill be of such strength and shall be suffzciently anchored so that the risk of erosion will actually be reduced within the basin. 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. FTLDOCS 52,6755 2 Due to the fact that all propert)r Within the dry stack facility will be elevated onto racks, t77e property is not susceptible to damage by flooding. Ir7 addition, the boats stored in the building will not be darm.age by flooding. 4. The importance of the services provided by the proposed facility to the community. Harbour Towne Marina is an important local employer and tax payer and provides needed recreational facilities for the Community by providing efficient, safe and errvir077777entally responsible boat storage. 5. The necessity of the facility to a waterfront location, in the case of a functionally dependent facility. A marina and dry stackfacility requires, by its very nature, a waterfront location in order to be a fun Ctioningfacility. This variance is necessary to promote safe, efficient dry stack Operations by reducirng the height fi•orr7 which cranes must remove vessels from the water. 6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use. The Harbour Toian7e Marina site is one of the few locations in South Florida suitable for the development of boat storage facilities. Its location along the Dania Cut-off.is ideally situated to offer convenient boating access in a safe and environmentally sensitive manner. 7. The compatibility of the proposed use with existing and anticipated development. The marina addition is compatible and consistent With existing development because the marina is located in a c0777771ercially developed marina zone on the Dania Cut-off Canal. 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area. The proposed use is consistent v4th the comprehensive plan and floodplain 777anagen7ent program al-ea. 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; FTLDOCS 5236753 2 2 Th-e property is not occupied during storms, and the existing roads provide safe and efficient access for ordinary and ennergerncy vehicles. 10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. please see attached letter front Gene Bieber, architect, certifying that the design of the structure and site drainage systems are appropriate considering the risk of flooding and ialave action. 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. The costs for governannent services Will not be effected by the proposed Variance because the structure proposed is designed to Withstand hurricane force winds and all Water entering the property in the eveni of flooding will drain back into the nsa-ina basin.. TTLDOCS 5236755 2 3 - YENE@EE3ER inECT, lido L JUL 2 4 200121 Planning Department fill July 20, 2007 Mr. Dominic Orlando Director of Public Services City of Dania Beach 100 West Dania Beach Blvd Dania Beach, FL. 33004 ,Re:Harbour Towne Marina Dry Stack Storage Project Dear Mr. Orlando: architect for the new proposed dry stack beat storage facility at the This firm is the registered Harbour Towne Marina in Dania Beach Florida' This letter shall address the base floor elevation for the proposed boat storage building as required by Section I2-52 of the Dania Beach Code, and the specific criteria in Section 12-34(e)(10} of the Code. As'you may now, all of the floor elevations for the existing structures at the Harbour Towne Marina (including occupied buildings as well as boat storage buildings) are lielow the FEMA base floor elevation of 7.0'.Those buildings have not cxperienced a flood event for the past 30+years. The new Proposed boat storage facility will have a floor elevation of 7.08', although your code requires an elevation for commercial buildings of 8.0'. The purpose of this letter is to support the requested variance for the 7.08' floor elevation. The proposed beat storage building will be unoccupied will have a floor elevation above the FFE MA�stan��pf accompanied by sufficient site drainage, and is designed with partial Accordingly,I believe that the site conditions and building design are appropriate based upon the minimum risk of flood at the Project site. Thank you for you attention and consideration in tnis regard. Yours truly, Gene H. Bieber Architect -�77} LNORTHT Sth AVENUE e DANIA.FLORMA 33004 � PHOME 92€P SHUTS BOWEN MEMO LLP DEC 19 2001 ATTORNEYS AND COUNSEL:.ORS AT LAW Planning Department E-MAIL ADDRESS: STT MEN IC TILEIROOR stiNook@shutts.com Member Florida Bar (954)847-3830 Direct Telephone (954)988-3076 Direct Facsimile October 10, 2007 Via Federal Express Thomas Ansbro, Esq. City Attorney- City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Harbour Towne Marina Variance for Boat Storage Facility CIient-Matter No. 14793.0002 Dear Tom: This letter is a supplement to-the pending variance application submitted by Harbour Towne Associates to permit a new dry stock storage facility at Harbour Towne Marina with a base floor elevation of 7.08'. The purpose of this letter is to address questions raised by Larry Leeds regarding compliance with federal flood elevation requirements and potential impacts on flood insurance rates in Dania Beach. The proposed base floor elevation (BFE) for the new boat storage structure, which will not have occupiable space, is 7.08'. The federal base floor elevation per FEMA is 7.0'. Dania Beach currently requires conunercial buildings to have a base floor elevation of 1 foot over the FEMA standard, so the Dania Beach BFE standard is 8.0'. Please note that the two other boat storage structures at Harbour Towne Marina have a BFE of around 6.0', and have never experienced flooding nor flood damage. This letter addresses the questions raised by Larry Leeds. 1. The Protect Complies with Variance Criteria. Section 12-34 of the Dania Beach Code sets forth the criteria for the issuance of a variance fi�om the minimum BFE. The FEMA variance criteria set forth in 44 CFR § 60.6(a)(3) is consistent with the Dania Beach variance criteria. Please find attached as Exhibit 1 the FTLDOCS 5266591 3 2D0 EAST BBOWABD BOULEVARD • SUITE 2100 FORT LAUDERDALE,FLORIDA 33301 • TELEPHONE(954)524-5505 • FACSIMILE(954)524 5506 • WEBSITE:wwwsliults-law.com MIAMI FORTLAUDERCALE WEST^ALM BEACH ORLANDO TAMPA TALLAHASSEE AMSfERDAM LONDON I T_lomas Ansbro, Esq. City Attorney—City of Daiwa B each October 10, 2007 Page 2 naaative submitted with the application, which explains how this project complies with the applicable variance criteria. 2. The Project is Consistent with Federal Wet Floodproofm2 Reeuirements. The FEMA regulations recognize that certain structures are necessarily located in flood prone areas, and accordingly, such buildings may be "wet floodproofed" to mitigate potential damage from flooding. FEMA Technical Bulletin TB 7-93 specifically addresses wet floodproofing for buildings below the BFE in accordance with the national Flood Insurance Program. Please find Technical Bulletin TB 7-93 attached as Exhibit 2. Per prior correspondence with Ms. Susan Wilson (Senior National Hazards Program Specialist with FEMA), the City may look to TB 7-93 for guidance on when and how wet floodproofing may be appropriate for a variance from the maximum BFE. The TB 7-93 wet floodproofing standards are as follows: a. The Structure is Functionally Defendant on Close Proximity to the Water The proposed structure is a boat storage facility which must be located with close and easy access to the water, and the sole use of the structure is for storage of boats. Per TB 7-93, a boat storage structure is one class of buildings where a BFE variance may be permitted when wet floodproofing is provided. b. Wet Floodproofmg Design Requirements Technical Bulleting TB 7-93 sets forth the following requirements for acceptable wet floodproofing: i. The structure"'lust be anchored to resist flotation, collapse, and lateral movement; ii. The portions of the structure located below the BFE must be constructed of flood- resistant materials. iii. The structure must be designed to allow for the automatic entry of flood waters; iv. Mechanical and utility equipment must be, elevated or floodproofed to or above the BFE; V. The structure use must be limited to panting and/or limited storage. The Harbour Town project incorporates the following design features in order to meet the FEMA wet floodproofing standards: • The structure is anchored through pilings and moorings. • The structure is constructed with flood resistant steel and concrete. FTLDOCS 526658I 3 SHUTTs &BOWEN LLP/200 EAST BRDWARD BOULEVARD,SUITE 2000/FORT LAUDERDALE,FLORIDA 33301/(954)524-5505 Thoinas Ansbro, Esq. City Attorney— City of Dania Beach October 10, 2007 Page 3 The bottom of the structure is designed with louvers to permit air flow and automatic entry or exit of waters. • The Structure includes a base floor built with previous materials to permit drainage. • All mechanical and utility equipment is placed above ten-foot BFE. s The structure is constructed with steel skin capable of withstanding Category 5 Imrricane winds. The use of the structure is limited to the storage of boats. Accordingly, the proposed functionally dependant boat storage building meets the wet floodproofing criteria set forth in TB 7-93. In addition, the risk of flood exceeding the federal BFE at Harbour Towne is extremely unlikely (less than 1%per year). Harbour Towne is located within an "AY zone, which means that flood waters will rise in the area with no velocity. Consequently, wet floodproofing is a safe, practical manner for the Harbour Towne facility to efficiently interface with the water, without presenting undue risks to the community during 100- year flood events. 3• The Variance is Justified and Consistent with the Intent of the NFIP The purpose and intent of the NFIP regulations is to minimize loss of life and property. Harbour Towne's proposed BFE of 7.08' exceeds the FEMA 100-year floodplan and meets all federal safety guidelines for wet floodproofuig. As such, it is consistent with NFIP and the facility is built at a sufficient BFE to minimize loss of life and property within the flood zone. 4. The Variance Will Not Affect Insurance Premium Rates hnsurance premium rates are determined by statute according to actuarial risk and would not be modified by the granting of a variance. PLusuant to 44 CFR § 60.6(a) "Variances and . exceptions," federal regulations provide that the issuance of a variance is for flood plain management pluposes only. Pursuant to that section, "Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance." Accordingly, the proposed variance for this facility does not impose any additional insurance burdens upon the conurruiity of Dania Beach, nor would the variance result in any increased risk to the facility. Thank you for the opportunity to provide this additional information regarding the proposed BFE variances. The proposed variance will allow for the most efficient operations at Harbour Towne Marina, the proposed BFE exceeds the BFE for existing boat storage structures and the facility, and the proposed structure is consistent with FEMA standards for wet floodproofing. FTLDOCS 5266581 3 SHUTTS &BOWEN LLF/ZOO EAST BE OWARD BOULEVARD, SUITE 2DOD/FORT LAUDERDALE,FLORMA 33301/C054)524-5505 it • Thomas Ansbro, Esq. h City Attorney— City of Dania Beach I October 10, 2007 Page 4 Thank you for your attention and consideration in this regard, and please contact me if you have other questions or comments on this matter. Very truly yours, S S &B O LP Steph n K. Tilbrook SKT/ne Enclosures cc: Laurence Leeds, Director of Growth Management (w/enclosures—Via FedEx) Gary Groenewold,Harbour Towne Associates (w/enclosures) George I. Platt, Esq. (w/enclosures) FTLDOCS 5266581 3 SHUTTS &BOWEN LLP/200 EAST BROWARD BOULEVARD,SUITE 20DO/FORT LAUDERDALE, FLORIDA 33301/(954)524-5505 SHUTTS --- v , BOWEN LLP ATTORNEYS AND COUNSELORS AT LAW BRIEF DESCRIPTION Harbour Towne Assoc.iates requests a variance fro_i the Flood Plain Elevation requirements of section 12-52(2) from a required elevation of 8 feet above sea-level to an elevation of 7T' above sea-level for the planned. dry stack storage facility for 176 boats (,Project,,) at the site. Accordingly, Harbour Townie requests a valiance of 11 inches. The Harbour Towne Marina is an existing mixed use marina facility located on the Dania Cut-Off Canal. The existing building of Harbour Towne (both dry stack and occupied) are located at a:ouiid 6 feet above sea level. The variance requested is necessary for the ability to accommodate the diy stack operations, which involves the Physical lifting of boats from the marina. The Project meets the criteria for a variance as set forth in §12-34 of the Dania Beach Code. VARIANCE SUMMARY AND CRITERIA STATEMENT 1. The danger that materials may be swept onto other lands to the injury of others. The requested variance does n.ot increase the likelihood of materials being s,vept onto the land of others because of tine nature ctn.d designn of the dry stack facilities, which consist of a an anchored steel fame srructur•e with concrete slab/norm el flooring and a dznable rneral skin.. Alth.oicgh lla.e base floor elevation. of the concrete slab flooring iaiill be below the elevation. estoL'lish..ed by code, all Goats and other objects ,pill be stored on racks above the n7ininzum floor elevation. Please also note that tlae Proposed building is located in the center of the HM'bOUr Torwae Marina and over 300 feet fronc properly o,ined by others. 2. The danger of line and property due to flooding or erosion damage. The requested vcrri_nasce has no efect upon danger to property 0r erosion darncrge. The flooring of the dry stack facility, in the eve't of flooding, ,fill drain. tiiithosd ar,:y damage, The rtely cry stack,facilily Will be of such strength and shall be snf ci.ently cni.chored so that the risk of erosion. ,pill actually be reduced nvithin the basin. 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of'such damage on the individual owner. P"I'LDOCS 5236755 2 i Due to the fhct that all Propert)r 1,11ithin the dry stack faOilit)) i•I)ill be elevated onto racks, 117e property is not susceptible to damage by flootlr.'ng, In.addition, the boats stored in the building mill not be don7age fyflooding. 4. The importance of the services provided by the proposed facility to the community. Ilarbou.r Towne Alarin.a is an important local employer and tali Payer and provides needed recreational facilities for the Conznlunit)r by providing off cient, safe and ervironnn.entally responsible boat storage, S. The necessity of the facility to a A,aterfront location, in the case of a functionally dependent facility. ,4 marina and dry stack facility requires, by its very nature, a waterfi ont location in order to be a functioning facility. This variance is necessary to promote safe, efficient dry stack operations by reducing the height from which cranes must re727ove vessels from the water. 6. The availability .of alternative locations, not subject to flooding or erosion damage, for the proposed use. Th.e Harbour Tbrune Marina site is one of the fery locations in SCUth Florida suitaNe for th.e development of boat storage facilities. Its location along the Dania Cut-off is ideally situated to offer convenient boating access in a safe and erzvironmentally sensitive inann.er. 7. The compatibility of the proposed use )}'ith existing and anticipated development. The marina addition is compatible and consistent ivith existing development because the rnari.na is located in cr commercially developed nearing MIC on the Dania Cut-off Canal. S. The relationship of the proposed use to the comprehensive plan and'floodplain management program for that area. The proposed us•e is consistent nvith the 00771/3reh.ensive plan anal floodplain man.agernent program area. 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; i° I_UOCs 523G7552 77ze property is not occuj-77ed during storms, and the existing roads PrOV7.de safe and eff7.cient access fbr or dinar))caul em.ergen.cy vehicles. j10. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site. Please see attached letter from Gene Bieber, architect, certifying that the desiQn of the structure and site drainage systems are appropriate considering th.e risk of flooding and 1a)ave action. 11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and +pater systems, and streets and bridges. The tests for goverrrm.en.t services will not be effected by the proposed varzan.ce because the sbvrcture proposed is designed to withstand hurricane force winds and all water entering tlae property inn th.e event of flooding will drainn back into the rnctrina basin. 1'T1-DOC$523G755 2 GENE BIEBER j ARCHITECT, INC NZ.atta Lazo FL. 6606 ua'c OHIO 4121 ' 1 � KY.1106 July 20, 2007 Mr. Dominic Orlando Director of Public Services City of Dania Beach l00 West Dania Beach Blvd Dania Beach,FL, 33004 Re: Harbour Towne Marina Dry Stack Storage Project Dear Mr. Orlando: This firm is the registered architect for the new proposed dry stack boat storage facility at the Harbour Towne Marina in Dania Beach, Florida. This letter shall address the base floor elevation for the proposed boat storage building as required by Section 52-52 of the Dania Beach Code, and the specific criteriain Section 12-34(e)(10) of the Code. As'y''ou may know, all of the floor elevations for the existing structures at the Harbour Towne.Marina (including occupied buildings as well as boat storage buildings) are below the TEMA base floor elevation of 7.0'.Those buildings have not experienced a flood event for the past 30+years. The new proposed boat storage facility will have a floor elevation of 7.08', although you code requires an elevation for commercial buildings of 8.0'. The purpose of this letter is to support the requested variance for the 7.08' floor elevation..The proposed boat storage building will.be unoccupied, will have a floor elevation above the FEMA standard, is accompanied by sufficient. site drainage, and is designed with a partial permeable floor. Accordingly, I believe that the site conditions and building design are appropriate based upon the minimum risk.of flood at the project site. Thank you for you attention and consideration in this regard. Yours truly, e Gene H. Bieber Architect LAI 805 NORTH WEST 8th AVENUE • DANIA, FLORIDA 33004 • PHONE 920.5271 i I iTechnical Bulletin :v 793 Wet Floodproofing Requirements for Structures Located in Special Flood Hazard Areas in accordance with the National Flood Insurance Program Q y ,� yo FEDERAL EMERGENCY MANAGEMENT AGENCY FIA-TB-7 _-- > MITIGATION DIRECTORATE 12/93 FEDERAL INSURANCE ADMINISTRATION �'o i Key Word/Subject Index: This index allows the user to locate key words and subjects in this Technical Bulletin. The Technical Bulletin User's Guide (printed separately) provides references to key words and subjects throughout the Technical Bulletins. For definitions of selected terms, refer to the Glossary at the end of this bulletin. Key Word/ Subject Page Accessory Structures 3 Agricultural Structures 4 Functionally Dependent Use 3 Garages, Attached to Residential Structure 2 Garages, Attached to Non-Residential Structure 2 Garages, Detached From Structure 3 Historic Buildings 3 Variances from NFIP Requirements 3 Variances, Issuance in Designated Floodways 3 Wet Floodproofing, Definition of I Wet Floodproofing, Engineering Considerations 11 Wet Floodproofing, Flood Insurance Implications 5 Wet Floodproofing, Planning Considerations 8 Any colmnents in the Technical Bulletins should be directed to: FEMA/Mitigation Directorate Program Development Branch 500 C St., S.W. Washington, D.C. 20472 Technical Bulletin 7-93 replaces Technical Bulletin 85-1 (draft) "Wet Floodproofing" Graphic design based on the Japanese print The Great Wave Off Kanagawa, by Katsushiks Hokusi (1 760-1 849), Asiatic collection, Museum of Fine Arts, Boston. TECHNICAL BULLETIN 7-93 Wet Floodproofing Requirements for Buildings Located in Special Flood Hazard Areas in Accordance with the National Flood Insurance Program INTRODUCTION This bulletin describes planning, design, and construction requirements for wet floodproofing certain types of structures and their uses under the National Flood Insurance Program (NFIP). The basic characteristic that distinguishes wet floodproofing from dry floodproofing is the internal flooding of a structure as opposed to providing essentially watertight protection. Specifically, wet floodproofing can be defined as: Permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage from flooding by allowing flood waters to enter the structure. Flooding of a structure's interior is intended to counteract hydrostatic pressure on the walls, surfaces, and supports of the structure by equalizing interior an In accordance.with exterior water levels during a flood. Inundation also reduces the the NFIP, Wet danger of buoyancy from hydrostatic uplift forces. Such FIO�d Too n is measures may require alteration of a structure's design and P . g construction, use of flood-resistant materials, adjustment of allowed in only building operation and maintenance procedure, relocation anlimited situations treatment of equipment and contents, and emergency preparedness for actions that require human intervention. Application of wet floodproofing as a flood protection technique under the NFIP is limited to specific situations in A Zones (including A, AE, Al-30, AH, A0, AR zones). For certain uses and types of structures described in this bulletin, communities may alow wet floodproofing only through the issuance of a variance from certain floodplain management requirements. The situations and conditions in which a cormnunity may allow wet floodproofing are described in detail in the section entitled Applicability. For structures in V zones (includes V, VE,V1-30 zones),more stringent design and construction requirements have been established for the portion of a structure below.the Base Flood Elevation (BFE). For information on V-zone design and construction requirements, refer to the NFIP regulations under 44 CFR Section 60.3,the Technical Bulletin series, and FEMA's "Coastal Construction Manual" (FEMA 55). APPLICABILITY New Construction and Substantial Improvements of Residential and Non-Residential structures An important objective of the NFIP is to protect structures constructed in floodplains from flood-induced damage. In support of this objective,the NFIP regulations include building design and construction criteria that apply to new construction and substantial improvements (including structures which have incurred substantial damage) of existing structures in Special Flood Hazard Areas (SFHA). According to these criteria, residential structures in A zones must be constructed with their lowest floors elevated to or above the BFE. Non-residential structures constructed in A zones must either have their lowest floors elevated to or above the BFE or be dry floodproofed(made watertight) to or above the BFE. Measures to accomplish dry floodproofmg of non-residential structures must not only provide watertight protection but also must be designed to withstand hydrostatic, hydrodynamic, and impact forces produced by flooding. The intent is to provide complete protection at least up to the floodproofmg designlevel which must, at a minimum, be-at the BFE. ' Note: To receive a flood insurance rate based on 100 year flood protection, the structure must be dry floodproofed to an elevation at least 1 foot above the BFE. (i.e. 1 foot of freeboard) In accordance with the NFIP, there are limited enclosed areas within newly constructed and substantially improved residential and non-residential structures where the community may allow wet floodproofmg _=rithont a variance as a flood protection technique. These are limited to: Enclosed areas below the BFE that are used solely for parking buildine arrnsq, nr limited storage, New construction and the substantial improvement of residential and non-residential structures whose lowest floors have been constructed at or above the BFE may be constructed with enclosed areas below the BFE. These areas must; (1) be used anhly for parking, building access, or limited storage, (2)be designed to allow for the automatic entry and exit of flood waters through the use of openings, and (3) be constructed of flood resistant materials. Attach .d araggs.A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. Openings are required in the exterior walls of the garage or in the garage doors. In addition to allowing the automatic entry of flood waters, the areas of the garage below the BFE must be constructed . with flood resistant materials. Garages attached to non-residential structures must meet the aforementioned requirements or be dry floodproofed. For guidance on below-grade parking areas refer to Technical Bulletin 6, "Below- Grade Parking Requirements". 2 Certain categories of structures where FEMA has advised communities that variances to allow wet floodproofing may be issued. Communities must determine whether a variance from local floodplain management regulations may be issued to allow wet floodproofing for the categories of structures described in this section. To make such a determination, the community must, at a minimum, apply the NFIP variance criteria set forth in the 44 CFR Section 60.6. Included in these criteria is the requirement that the variance be the minimum necessary to afford relief, considering the flooding conditions at the site. This means that when a community issues a variance from elevation or dry floodproofing requirements, the structure must still be protected to the maximum extent possible using an appropriate alternative flood protection technique, such as wet floodproofing. To properly administer the granting of a variance for wet floodproofing, communities should have variance review procedures in place. These variance procedures must be within the bounds of State enabling law and meet the minimum requirements of the NFIP. i Variances to allow wet floodproofing may be issued for the following categories of structures. These structures must comply with floodway encroachment provisions of the NFIP Regulations in accordance with section 60.6(a)(1). Structures Functionally Dependent On Close Proximity to Water: Certain structures that must be located near water are functionally dependent uses, as defined in section 59.1, and are permitted to be wet floodproofed after the issuance of a variance from NFIP elevation and dry floodproofing requirements. These structures may include certain types of docking,seafood processing, and port facilities associated with marine activities. Specific criteria for issuing a variance for fmctionally dependent uses are established in section 60. 6(a)(7). These include the requirement that the structure or other development be protected by methods that minimize flood damage and create no additional that to public safety. Historic Buildings: Under Section 60.6, variances may be issued for the repair and rehabilitation of historic structures, as defined in Section 59.1, upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation of a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Accessory structures, used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds): If a community wishes to allow a non-elevated/non-dry floodproofed accessory structures, the community must establish the meaning of low-cost and small accessory structures. Communities may allow wet floodproofing of these structures provided that they represent a minimal investment and are designed to have a low damage potential with respect to the structure and contents. 3 The following requirements, at a minimum, must be attached to the variance for an accessory structure: 1) it must be anchored to resist flotation, collapse, and lateral movement; 2) the portions of these structures located below the BFE must be constructed of flood-resistant materials; 3) it must be designed to allow for the automatic entry of flood waters; 4) mechanical and utility equipment must be elevated or floodproofed to or above the BFE; 5) it must comply with the floodway encroachment provisions of the NFIP Regulations; and 6) its use must be, limited to parking and/or limited storage. Some conununities have included provisions in their floodplain management ordinance for permitting the construction of these low-cost, small detached accessary structures. Communities wishing to reqgulate the placement of such structures in this manner should contact their FEMA Regional Office for guidance and assistance. Certain agricultural Structures: FEMA recognizes that wet floodproofiag may be appropriate for certain types of agricultural structures located in wide, expansive floodplains. A variance may be issued only if the structure is used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Only in circumstances when it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety, may a variance be issued. Because the wet floodproofmg of a new agricultural structure with the lowest floor below the BFE is not in conformance with NFIP requirements, any variance issued must address both the nonconforming flood protection technique and the restriction of use to the above-described agricultural purposes. Types of agricultural structures that may be wet floodproofed following the issuance of a variance are: .Farm Storage Structure used exclusively for the storage of farm machinery and equipment (e. g.,pole and pre-fabricated metal frarne structures with open or closed sides). ►Grain bins. ►Corn cribs. 4 i ),General purpose barns for the temporary feeding of livestock, provided they remain open on at least one side. In addition to the variance requirements 1-5 under the Accessory Structure category presented above, a variance for an agricultural structure must also be limited to agricultural purposes. Existing (Pre-FIRM) Structures That Are Not Substantially Improved or Substantially Damaged For existing structures that are not being substantially improved or that have not been substantially damaged, the NFIP elevation and dry floodproofing regulations do not apply. Owners may voluntarily choose to wet floodproof such a particular structure to reduce potential flood. damage. Many existing structures are constructed of materials that are generally permeable to flood waters, difficult to make watertight, or unsuitable for flood protection techniques other than elevation or relocation. Although it may be technically feasible to retrofit some older structures by sealing the perimeter walls and creating a watertight structure, it is often unadvisable to do so because of high probability that the dry floodproofing will fail due to some unforeseen factor in these usually non-engineered, older structures. In these cases, wet floodproofing and flood protection through either relocation or elevation of structures may offer the only technically viable flood-damage reduction alteratives. In some situations, wet floodproofing may be the only realistic economic alterative for existing structures that are not substantially improved or damaged. INSURANCE IMPLICATION It must be emphasized that variances are granted with respect to floodplain management requirements and do not affect flood insurance rates. The Federal Insurance Administration, by statute, must charge insurance rates commensurate with the risk to which a building is exposed. Insurance rates for buildings constructed under variances are generally higher than rates for a comparable structure that is fully compliant. In some instances the additional costs of insuring these buildings, if they are not elevated or floodproofed in accordance with the NFIP requirements, would approach or even exceed the costs of meeting NFIP elevation or dry floodproofrng requirements, and the structure would still be exposed to flood damages. In accordance with the NFIP regulations, communities must notify the applicant in writing that the issuance of a variance will result in increased premium rates for flood insurance and that such construction below the BFE increases risks to fife and property [44 CFR 60.6(4(5)]. 5 NFIP Regulations 44 CFR Section 60.3 (a)(3) of the NFIP regulations requires that the conununity must: "Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood prone area all new construction and substantial improvements shall(i) be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resuting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, (H) be constructed with materials resistant to flood damage, (iii) be constructed by methods and practices that minimize flood damages, and (iv) be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions offlooding. " NFIP regulations require that all enclosures below the BFE in A Zones must either be designed to allow for the equalization of hydrostatic forces during a flood event or be. floodproofed. When water is allowed to enter, section 60.3(c)(5) of the NFIP regulations states that a community shall: "Require for all new construction and substantial improvements, that fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following mininunm criteria:A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding is provided The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other covetings or devices provided that they pernxit Zile automatic entry and exit of flood waters. " Section 60.3(d)(3) places further restrictions on constriction in floodways by stating that a ' community shall: "Prohibit encroachments, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. " 6 I I Concenvng the issuance of variances, section 60.6(a)(3) states: "Variances shun only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant a variance would result in exceptional hardship to the applicant, and (W) a determination that granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances, " And section 60,6(a)(4) states that � "Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;" Concerning fictionally dependent uses under the NFIP variance criteria, "Functionally dependent use" is defined in section 59.1 as: 'IFknr_rO nally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities,port facilities that are necessary for the haling and unloading of cargo and passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. " Section 60.6(a)(7) states that: ` "Variances maybe issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria of paragraphs (a)(I) through (a)(4) of this section are rnet, and (H) the structure or other development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. " Concerning granting variances for historic structeres under the NFIP variance criteria, section&60. 6(a) states that: "... Variances may be issued for the repair and rehabilitation of historic structures Upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure." Lastly, concerning granting variances in designated floodways, section 60.6(a)(1) states that: "Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result;"Note Readers arcs ngly ad d ,o become familiar with all provisions of section 60.6- tro 7 i I It should be. noted that Technical Bulletins provide guidance on the minimum requirements of the NFIP regulations. Community or State requirements that exceed those of the NFIP take precedence. Those contemplating wet floodproofing a structure should contact the community to determine whether more restrictive local or State regulations apply to the structure or site in question. All applicable standards of the State or local building code must also be.met for any structure in a special flood hazard area. i Planning Considerations A review of the following factors for the site in question will assist in determining whether wet floodproofmg is appropriate. For example, if a site will be subject to rapidly rising, high-velocity flood waters during a flood, and the available warning time is short, then the site is unsuitable for a wet floodproofed structure. In this situation, elevation or relocation of I the building outside the floodplain would be the preferred alternatives. Warning Time The rate-of-rise of flood waters for the site in question, the established flood warning system (if any), the flood warning time available, and the reliability of the flood warning must be reviewed to determine appropriate wet floodproof design elements. The rate-of-rise or the flood warning time available through an existing reliable (community-based or regionally- based) flood warning system must be adequate to provide sufficient lead time to evacuate a flood prone structure when flooding threatens. In addition, sufficient warning time must exist to successfully implement a plan that requires human intervention which would include such items as the removal of equipment or contents, or the elevation of contents within the structure. Wet or dry floodproofed structures are not appropriate for any site in a flash flood area, because of the potentially short warning time. Safety and Access Safe access to a wet floodproofed structure may be a critical factor in the determination of whether wet floodproofmg is an appropriate design alternative. It is anticipated that most Wet floodproofed structures will not need to be accessed during flooding. In situations where there is a need to access the structure during conditions of flooding, safe access shall be considered. In 198 6 Colorado State University conducted a study of human stability in flood flow conditions based on the product number of depth of flow multiplied by the floodwater velocity. Results of this study indicated that any floodplain location with a product number of 4 or greater(depth in feet multiplied by velocity in feet per second)will create a hazard for anyone attempting to escape from or gain access to the site. Such sites are only acceptable for wet floodproofed structures if modifications are made to the site to reduce the flood hazard and sufficient warning time is available to safely evacuate the site. I prioritized,particularly any evacuation that will be involved. The plan should be completely tested to ascertain its practicality, and also should be reviewed and updated following a flood event. I Other Considerations Having considered all of the above, a community may choose to: limit the size and number of structures that may be wet floodproofed, restrict the location of wet floodproofed structures to areas where the depth of flooding and/or floodwater velocity will not result in damage to structure or its contents, and/or consider the possibility of combining elevation and dry floodproofing with wet floodproofing where the level of risk warrants such action. Engineering Considerations There are three main components to wet floodproofing a structure; design elements,.flood resistant materials, and protection of contents. As with the application of dry floodproofing techniques, developing a wet floodproofing strategy requires site-specific evaluations that may necessitate the services of a design professional. Protection of the Structure Hydrostatic forces must be counteracted to prevent wall collapse and flood-induced uplift. This is achieved through the use of wall openings that allow water to enter the structure, thereby equalizing the hydrostatic pressure. The NFIP requirements concerning openings are discussed in Technical Bulletin 1, "Openings in Foundation Walls. " In addition, provisions must be made to prevent air trapped within the structure during periods of inundation from becoming pressurized and damaging on the exterior walls and roof. Because structures may become buoyant in the presence of flood water, superstructures need to be designed to prevent separation from the foundation. All structural and non-structural components in be constructed of materials that are durable,resistant to flood forces, and resistant#o deterioration caused by repeated inundation by floodwater. Components not inundated with flood water must be able to resistant damage as a result of excessive humidity associated with flooding and post-flood conditions. Technical Bulletin 2 "Flood Resistant Materials"provides specific guidance on which materials are acceptable under the NFIR Foundatims: The failure of foundations in structures subjected to inundation is a major cause of structural damage. Foundation design is a site-specific process that must take into account local soils and building load conditions. Included in the site analysis should be the influence of hydrologic and hydraulic conditions (velocity of u i flow, rate-of-rise, depth, flood-borne constituents, and duration) on the foundation design. The ability of floodwater to adversely affect the integrity of structure { foundations by eroding supporting soil, scouring foundation material, and undermining footings necessitates careful examination of foundation designs. An extremely important consideration is that the structure be adequately anchored to lie foundation. Uplift forces during a food event are often ,Feat enough to separate an improperly anchored stucture from its foundation. Cavit�Wall Constriction: Wet floodproofrig equalizes hydrostatic pressure luoughout the structure by allowing floodwater to fill in all spaces and equalize internaI and external hydrostatic pressure. Thus, any attempt to seal internal air spaces within the wall system is not only technically difficult, but also contrary to the wet floodproofmg approach. Provisions must be made so that the cavity space fills with water and drains at a rate approximately equal to the floodwater rate-of-rise and fall. If the cavity wall air space is filled with insulation, it should be a type that is not subject to damage from inundation. Batt and blanket types such as spun mineral fiber or fiberglass bat insulation are not acceptable as they retain water and contaminants within their voids. Foam and closed cell type insulation have characteristics that can withstand a certain level of inundation. These include polystyrene, expanded foam, and thermal glass. The air space within the cavity wall will also be inundated by floodwater and the contaminants it carries. Silt, chemicals, and organic materials, will remain in the cavity space after the floodwater has receded. Such contaminants can be hazardous to the structure and the occupants; caustic chemicals can deteriorate building materials and debris that harbors organic growth can be have associated bacterial problems and odors. If a cavity wall is used, the cavity wall should have "clean-out' access panels that allow the internal air space to be flushed with water or other cleaning agents and fresh air to circulate within the cavity. Refer to FEMA 234, "Repairing Your Flooded Home" for further guidance on cleaning wall cavities. Solid Wall Construction: Wall systems without internal air spaces are considered solid wall construction, which includes cast m-place conc_ete, fully grouted cell masonry, pressure treated wood- or metal-frame shell. Solid walls are designed without internal spaces that could retain floodwater. Because these walls can be somewhat porous, they can absorb moisture, and to a limited degree, associated contaminants. Such porous wall systems that permit the intrusion of moisture into the wall could cause internal damage especially in a cold (freeze-thaw) climate. Solid walls made of non- porous materials are preferred over cavity walls. But in those cases where solid wall construction made of porous material is being considered, the use of both exterior and interior cladding with properties as described above for cavity wall systems is more desirable. I i 12 I i Wall Finishes: The exterior cladding of a structure subject to flooding should be nonporous, resistant to chemical corrosion or debris depos'ts, and conducive to easy cleaning. Relatively impervious cladding such as hard brick, pressure-treated wood, metal, and concrete are some of the acceptable materials. As with exterior surfaces, interior cladding should be easy to clean and not susceptible to damage from inundation. Materials that are solid and relatively impervious such as concrete, hard brick, plastic, and pressure-treated wood, are most suitable. Metal-clad structures such as those found in many agricultural operations should be constructed of corrosion-resistant materials. Framing and cladding must meet the same flood-resistant requirements as all other materials. Metal fasteners used with metal panel cladding systems are susceptible to corrosion and should be a corrosion- resistant type, such as hot dipped galvanized or stainless steel. Where interior wall finishes are present, they shall meet the same flood resistant standards as all other materials located below the BFE. Floors: subfloor systems in wet floodproofed structures are normally concrete or gravel. Materials that are attached to the concrete subfloor, such as tile,paint, or wood, and the attachment mechanism (adhesives, nails, screws, etc.) that secures the finish material to the subfloor structure, should be able to withstand inundation associated with a base flood event without damage or alteration. Ceilings and Roofs. When it is anticipated that flood levels will come in contact wish the ceiling, flood resistant material requirements apply for ceiling materials and attachment mechanisms (hangers, adhesives, screws). To protect the ceilings and roofs from the pressure of entrapped air or water,pressure relief vents should be used.Even in those cases where flood waters are expected to be below ceiling levels, ceilings materials including attachment mechanisms should be able to withstand prolonged exposure to moisture and humidity associated with flood and post-flood conditions. Building Envelope Openings. openings in a structure's floors, walls, ceilings, and roofs are often enclosed by architectural components such doors, windows, louvers, vents, skylights, etc. These components include fasteners, gaskets, seals, glazing, locks, and finishes. Again, even those items not expected to be inundated must be resistant to humidity and moisture damage.NFIP flood resistant material requirements apply to all architectural components that are to be exposed to flooding or resulting excessive moisture. All materials shall be capable of resisting damage associated with abase flood event. Door systems include frame, hinges, threshold, and panels. Since solid wood, wood laminate, or hollow core wood door panels may warp, swell and/or rot, sealed metals are preferable. Windows are susceptible to damage from debris carried by floodwater. The use of glass blocks, sealed unbreakable panes, and wire-reinforced glass will resist flood 13 damage. protective screens may also be successful in preventing debris hnpact. The use of tempered glass or impact-resistant plastic (acrylic or polycarbonate) is recommended for large window areas of 20 square feet or more. Protection of Mechanical and Electrical Systems: While the NFIP regulations do not prohibit the placement of mechanical and electrical components below the BFE, they are required to be designed and/or located so as to prevent flood water from entering or accumulating within them.The preferred method of meeting this requirement is to locate flood-threatened components above the expected flood level. Other options that may meet the NFIP requirements for electrical systems that can not be elevated involve emergency operation and maintenance procedures, includ rig disconnecting and elevating or relocating electrically controlled equipment, installing elevated control panels for cutoff of electricity, or enclosing service equipment in waterproof Utility enclosure areas. Mechanical systems that must be located below the design flood level should be provided with waterproofed enclosures to protect bearings, seals, gears clutches, valves, or controls that will not withstand inunersion, silt damage, or water pressure. Electrical System. Electricity is a primary source of energy for many vital building operations. Wet floodproofing an electrical system primarily involves preventing vulnerable components from coming in contact with water. Elevation of all electrical components except the minimum necessary to operate the structure (minimal number of light switches and receptacles) is required.Where switches and receptacles must be, located below the BFE, sealed or capped moisture-resistant components are required. Ground Fault Circuit Interrupters shall be utilized for all electrical circuits that serve areas below the BFE. Key system components for which elevation above floodwater is desirable include transformers, switchboards,and branch panels. A possible alternative may be to enclose these elements with a waterproof protective barrier. In circumstances which dictate that it is not practicable to safely maintain power during inundation,complete cutoff must be utilized. This of course presents the need for inspections and actions to ensure complete drying of electrical components prior to power restoration. Electrical service provided to a structure from poles or other overhead sources should enter the structure at a point above the expected flood level. Underground service cables may be feasible provided that they are waterproofed and not exposed to direct contact with flood water. Heating and Ventilating In general, heating and ventilating equipment is not designed to withstand inundation and is prone to severe floodwater damage. Thus, elevating is recommended to preclude inundation of system components. In situations where elevation is not practical, quick release/disconnect mechanisms should be incorporated into the design. One example is fan motor components for groin bin aeration systems which are configured to be easily removed and relocated prior to flooding. i 14 i i Liquid Storage Containers Liquid and gas containers are subject to extreme hydrostatic pressure during inundation. Where possible, such containers should be elevated to or above the BFE or located outside the floodplain. If a newly constructed container will be subject to inundation, it is required under the NFIP to be anchored to withstand a buoyant force acting upon it in its empty state. Containers should have watertight fill caps and vents that extend above the expected flood level, and should be labelled according to contents. Labeling will allow emergency personnel to identify the contents in the event the tanks breaks Ioose and floats away. It is important to note that underground tanks are also subject to uplift forces. Empty tanks, both above and below ground, should be filled with potable water prior to the arrival of floodwater. The post-flood disposal of this possibly contaminated water must be in accordance with all applicable federal, state and local regulations. Flood Resistant Materials In accordance with the NFIP, all materials exposed to floodwater must be durable, resistant to flood forces, and retardant to deterioration caused by repeated exposure to flood water. Generally,these performance requirements result in masonry construction being the most suited to wet floodproofing in terms of damage resistance. In some cases wood or steel structures may be candidates, provided that the wood is pressure treated or naturally decay resistant and steel is galvanized or protected with rust-retardant paint. Detailed guidance is provided in Technical Bulletin #2 "Flood- Resistant Material Requirements. " Protection of Contents and Equipment Isolation from Floodwater. Consideration should be given to preventing, to the maximum extent possible, the contact of floodwater with damage-susceptible items. This can be accomplished through relocation prior to flooding, elevation, or in-place protection of flood-damageable items. Relocation: The most effective method of protection for equipment and contents is to relocate threatened items out of harm's way. The interior of the structure must be organized in a way that ensures easy access and facilitates relocation. Aisles, doors, and corridors shall be wide enough and equipment size should be evaluated to allow any planned relocation or removal. Where structures are used to store bulk materials, such as grain, provisions must be made for the orderly removal and relocation of the contents to an area outside the floodplain. Elevati on: Within the flood-prone structure, elevation of key items could be achieved through the use of existing or specially constructed platforms or pedestals. Contingent elevation can be accomplished by the use of hoists or some type of overhead suspension system:Elevation techniques can be applied to a wide range of objects--machinery, utility system components (particularly electrical equipment), fuel and storage containers, and contents. 1s I , I ' i In-Place Protection: Some items can be protected, in-place, through a variety !I of options. Projective waterproof enclosures may be feasible for items that are difficult to move or relocate.Anchors and tie-downs, shall be used where appropriate to prevent flotation and movement, especially in the case of storage containers. Depending on flood characteristics, such enclosures may not have to be inconveniently high or completely permanent. Low barriers or flood shields may supply the necessary protection. Also, steps or ramps can: be incorporated into the design to further maintain easy access. Protective coatings can be applied to equipment to reduce inundation damage. Petroleum based greases, hot dip plastics, spray or cold plastics can all be applied to oily surfaces. If they are applied to painted surfaces they must be non-migratory and not applied to threaded surfaces. Coatings can provide protection and enhance cleanup ease. The use of"quick-disconnect" type plug and receptacle sets on standard electrical motors and other electrical connections provides several advantages: This allows for rapid shutdown, eliminates the need for an electrician, simplifies removal operations, and enables rapid reinstallation and restart. Similarly, motor-pump type units can be equipped with quick disconnect fittings on both suction and discharge lines in addition to electrical power lines. These actions also provide the added benefit of facilitating routine maintenance and relocation of equipment. Mounting equipment and inventory on skids or pallets contributes greatly to contingent relocation, elevation, and removal actions using a fork lift. Large items that can be lifted from overhead should be permanently fitted with lifting bars or lugs. This eliminates time for rigging and benefits routine procedures. Any accessory items required, such as motor mount shims or necessary tools, should be stored nearby. Technical Bulletins This is one of a series of Technical Bulletins FEMA has produced to provide guidance concerning the building performance standards of the NFIP. These standards are contained in Title 44 of the U.S. Code of Federal Regulations at Section 60.3. The bulletins are intended for use primarily by State and local officials responsible for interpreting and enforcing NFIP regulations and by members of the development community, such as design professionals and builders. New bulletins, as well as updates of existing bulletins, are issued periodically, as necessary. The bulletins do not create regulations; rather they provide complying with the minimum requirements of existing NFIP specific guidance for regulations. Users of the Technical Bulletins who need additional guidance concerning NFIP regulatory requirements should contact the Mitigation Division of the appropriate FEMA regional office. The User's Guide to Techaical.Bulletim lists the bulletins issued to date and provides a key word/subject index for the entire series. I i 16 I i Ordering Information Copies of the Technical Bulletins can be obtained from the appropriate FEMA regional office. Technical Bulletins can also be ordered from the FEMA publications warehouse. Use of FEMA Form 60-8 will result in a more timely delivery from the warehouse. The form can be obtained from FEMA regional offices and your state's Office of Emergency Management. Send publication requests to FEMA Publications,P.O. Box 70274, Washington,D. C. 20024. Further Information The following publications provide further information concerning non-residential floodproofing: 1. "Answers to Questions About Substantially Damaged Buildings, " FEMA, May 1991, FEMA-213. 2 "Commercial-Industrial Flood Audit, "New England District, U.S. Army Corps of Engineers, n.d. 3. "Cooperative Flood Loss Reduction, " A Technical Manual for Communities and Industries, Flood Loss Reduction Associates, 1981. 4. "Design Manual for Retrofitting Flood-Prone Residential Structures, " FEMA, September 1986, FEMA-1 14. 5. "Floodproofing Non-Residential Structures, " FEMA, May 1986, FEMA-102. I 6. "Flood Proofing Regulations, U.S. Army Corps of Engineers, " March 1992, EP 1165-2-314. 7. "Hunan Stability in a High Flood Hazard Zone, " S.R. Abt, R.J. Whittlen, A. Taylor, and D.J. Love, Water Resource Bulletin, August 1989. 8. "Repairing Your Flooded Home, " FEMA, August 1992, FEMA-234. 9. "Sealants, Part 1," John P. Cook,Progressive Architecture,December 1974. 10, "Sealants,Part 2," John P. Cook,Progressive Architecture, February 1975. i 17 11. "Tests of Brick-Veneer Walls and Enclosures for Resistance to Flood Waters, " Carl E. Pace,U.S. Army Corps of Engineers, Lower Mississippi Division, Vicksburg, Mississippi, 1978. Glossary Base flood The flood that has a 1-percent probability of being equaled or exceeded in any given year (also referred to as the 100-year flood). Base Flood Elevation (BFE) The height of the base flood, usually in feet, in relation to the National Geodetic Vertical Datum of 1929 or other datum as specified. Basement Any area of a structure having its floor subgrade (below ground level) on all sides. Coastal High Hazard Area An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high- velocity wave action from storms or seismic sources. These areas are identified as V zones. Existing Construction/Structure For floodplain management proposes, existing construction means structures for which the start of construction commences before the effective date of a floodplain management regulation adopted by a community. These structures are often referred to as "Pre-FIRM" structures. Federal Emergency Management Agency (FEMA) The independent federal agency that, in addition to carrying out other activities, oversees the administration of the NFIP. Federal Insurance Administration (FM) The component of FEMA directly responsible for administering the flood insurance aspects of the National Flood Insurance Program. Flood Insurance Rate Map (FIRM)The insurance and floodplain management map issued by FEMA that identities, on the basis of detailed or approximate analyses, areas of 100-year flood hazard in a community. Flood Prone Area Any land area susceptible to being inundated by floodwater from any Source. Lowest Floor The lowest floor of the lowest enclosed area of a stricture, including a basement. Any NFIP-compliant unfinished or flood-resistant enclosure useable solely for parking of vehicles,building access, or storage (in an area other than a basement) is not considered a structure's lowest floor. 1 Mitigation DirectorateThe component of FEMA directly responsible for administering the floodplain management aspects of the National Flood Insurance Program. 16 New Construction/Structure For floodplain management purposes, new construction means structures for which the start of construction commences on or after the effective date of a floodplavn management regulation adopted by a community and includes all subsequent improvements to the structure. These structures are often referred to as "Post-FIRM" Structures. Special Flood Hazard Area (SFHA) Area delineated on a Flood Insurance Rate Map as being subject to inundation by the base flood and designated as Zone A, AE, Al-A30, AR, A0, AE, V, VE, or Vl-V30. Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial Improvement Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage, " regardless of the actual repair work performed. Wet Floodprooling Permanent or contingent measures applied to a structure and/or it contents that prevent or provide resistance to damage from flooding by allowing water to i enter the structure. 19 GENE BIEBER ARCHITECT, INC Nr."R'g MO - TDECIFL RM_ ONTO 4121p�4 {{'``xx{{' 'Z KY. YIDS n g Department July 20, 2007 - Mr. Dominic Orlando Director of Public Services City of Dania Beach 100 West Dania Beach Blvd Dania Beach,FL. 33004 Re: Harbour Towne Marina Dry Stack Storage Project Dear Mr. Orlando: This firm is the registered architect for the new proposed dry stack boat storage facility at the Harbour Towne Marina in Dania Beach, Florida This letter shall addrwss the base floor elevation for the proposed boat storage building as required by Section 12-52 of the Dania Beach Code,and the speck criteria in Section 12-34(e)(10) of the Code. As you may know, all of the floor elevations for the existing structures at the Harbour Towne Marina(including occupied buildings as well as boat storage buildings) are below the FEMA base floor elevation of 7.0'.Those buildings have not experienced a flood event for the past 30+years. The new proposed boat storage facility wrill have a floor elevation of 7.08', although your code requires an elevation for commercial buildings of 8.0'. The purpose of this letter is to support the requested variance for the 7.08' floor elevation. The proposed boat storage building will be unoccupied, will have a floor elevation above the FEMA standard, is accompanied by sufficient site drainage, and is designed with a partial permeable floor. Accordingly,I believe that the site conditions and building design are appropriate based upon the minimum risk of flood at the project site. Thank you for you attention and consideration in this regard. Yours truly, 4 Gene H. Bieber Architect 805 NORTHWEST Sth AVENUE • DANIA, FLORIDA 33004 • PHONE S20-5271 Electronic Code of Federal Regulations: Title 44: Emergency Management and Assistance PART 60—CRITERIA FOR LAND MANAGEMENT AND USE �} �� Subpart A—Requirements for Flood Plain Management Regulations �!C Browse Previous I Browse Next DEC 19 2007 § 60.6 Variances and exceptions. PlanningDepartment (a)The Administrator does not set forth absolute criteria for granting variances from the criteria set forth in §§60.3, 60.4, and 60.5. The issuance of a variance is for flood plain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a variance. The community, after examining the applicant's hardships, shall approve or disapprove a request. While the granting of variances generally is limited to a lot size less than one-half acre (as set forth in paragraph (a)(2) of this section), deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. The Administrator may review a community's findings justifying the granting of variances, and if that review indicates a pattern inconsistent with the objectives of sound flood plain management, the Administrator may take appropriate action under§59.24(b) of this subchapter. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. Procedures for the granting of variances by a community are as follows, (1)Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result; (2)Variances may be issued by a community for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the procedures of paragraphs (a) (3), (4), (5) and (6) of this section; (3)Variances shall only be issued by a community upon (i)a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (4)Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; (5)A community shall notify the applicant in writing over the signature of a community official that (i)the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions as required in paragraph (a)(6) of this section; and (6)A community shall (i) maintain a record of all variance actions, including justification for their issuance, and (ii) report such variances issued in its annual or biennial report submitted to the Administrator. (7)Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that(i) the criteria of paragraphs (a)(1) through (a)(4) of this section are met, and (ii)the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (b)(1)The requirement that each flood-prone, mudslide (i.e., mudflow)-prone, and flood-reiated erosion prone community must adopt and submit adequate flood plain management regulations as a condition of initial and continued flood insurance eligibility is statutory and cannot be waived, and such regulations shall be adopted by a community within the time periods specified in §§60.3, 60.4 or§60.5. However, certain exceptions from the standards contained in this subpart may be permitted where the Administrator recognizes that. because of extraordinary circumstances, local conditions may render the application of certain standards the cause for severe hardship and gross inequity for a particular community. Consequently, a community proposing the adoption of flood plain management regulations which vary from the standards set forth in §§60.3, 60.4, or§60.5, shall explain in writing to the http.//ecfr.gpoa=ss.gov/cgi/t/texVtexV:dx?c�cfr&:sid...bd&rgn=div8&view—evt&node=44'.1 0.1227.125.6&idno=44 (1 of 2)1 J19200712'.03 24 PM Electronic Code of Federal Regulations: Administrator the nature and extent of and the reasons for the exception request and shall include sufficient supporting economic, environmental, topographic, hydrologic, and other scientific and technical data, and data with respect to the impact on public safety and the environment. (2)The Administrator shall prepare a Special Environmental Clearance to determine whether the proposal for an exception under paragraph (b)(1) of this section will have significant impact on the human environment.The decision whether an Environmental Impact Statement or other environmental document will be prepared, will be made in accordance with the procedures set out in 44 CFR part 10. Ninety or more days may be required for an environmental quality clearance if the proposed exception will have significant impact on the human environment thereby requiring an EIS. (c)A community may propose flood plain management measures which adopt standards for floodproofed residential basements below the base flood level in zones Al-30, AH, AO, and AE which are not subject to tidal flooding. Notwithstanding the requirements of paragraph (b)of this section the Administrator may approve the proposal provided that: (1)The community has demonstrated that areas of special flood hazard in which basements will be permitted are subject to shallow and low velocity flooding and that there is adequate flood warning time to ensure that all residents are notified of impending floods. For the purposes of this paragraph flood characteristics must include: (i)Flood depths that are five feet or less for developable lots that are contiguous to land above the base flood level and three feet or less for other lots; (ii) Flood velocities that are five feet per second or less; and (iii) Flood warning times that are 12 hours or greater. Flood warning times of two hours or greater may be approved if the community demonstrates that it has a flood warning system and emergency plan in operation that is adequate to ensure safe evacuation of flood plain residents. (2)The community has adopted flood plain management measures that require that new construction and substantial improvements of residential structures with basements in zones Al-30,AH, AO, and AE shall: (i)Be designed and built so that any basement area, together with attendant utilities and sanitary facilities below the floodproofed design level, is watertight with walls that are impermeable to the passage of water without human intervention. Basement walls shall be built with the capacity to resist hydrostatic and hydrodynamic Icads and the effects of buoyancy resulting from flooding to the floodproofed design level, and shall be designed so that minimal damage will occur from floods that exceed that level.The floodproofed design level shall be an elevation one foot above the level of the base flood where the difference between the base flood and the 500-year flood is three feet or less and two feet above the level of the base flood where the difference is greater than three feet. (il) Have the top of the floor of any basement area no lower than five feet below the elevation of the base flood; (iii) Have the area surrounding the structure on all sides filled to or above the elevation of the base flood. Fill must be compacted with slopes protected by vegetative cover; (iv) Have a registered professional engineer or architect develop or review the building's structural design, specifications, and plans, including consideration of the depth,velocity, and duration of flooding and type and permeability of soils at the building site, and certify that the basement design and methods of construction proposed are in accordance with accepted standards of practice for meeting the provisions of this paragraph; (v) Be inspected by the building inspector or other authorized representative of the community to verify that the structure is built according to its design and those provisions of this section which are verifiable. [41 FIR 46975, Oct. 26, 1976. Redesignated at 44 FIR 31177, May 31, 1979, as amended at 48 FIR 44543 and 44552, Sept. 29, 1983; 49 FIR 4751, Feb. 8, 1984; 50 FIR 36025, Sept. 4, 1985; 51 FIR 30308, Aug. 25, 1986; 54 FIR 33550,Aug. 15, 19891 Browse Previous I Browse Next http://ecfr.gpoaccess.gov/cgi/t/texUtexl-idx?c=ecfr&sii.bd&,rgn=divg&vies—text&node=44:1.0.1.2.27.1.25.6&idno=44 (2 of 2)12/19/200712:03:24PM CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: VA-45-07: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting a flood elevation variance for the construction of a dry-stack boat storage building. LOCATION: 801 NE 3 Street The City Commission approved this project (site plan, variances, and special exception) on December 12, 2006. On December 11, 2007, the City Commission extended the approvals for one year. Section 25-52 of the City Flood Protection Ordinance states that new construction shall have the lowest floor elevated no lower than one (1) foot above the base flood elevation as specified on the Flood Insurance Rate Map ("FIRM'). In Harbour Town's case, the FIRM Elevation is seven feet; requiring the finished floor elevation to be eight feet. The applicant has requested a variance to build the first floor at 7' 1", requiring an 11"variance. Community Development met recently with National Flood Insurance Program ("NFIP'� staff as part of their 5-year audit of our Dania's flood protection activities. NFIP confirmed that FEMA generally views variances unfavorably, and that one or more variances may lead to increased flood insurance rates. The applicant maintains that City Commission approval of this variance, as a matter of law, will not increase flood insurance rates. I have requested the applicant meet with the City Attorney to confirm if this correct. CITY COMMISSION PREVIOUS ACTION On January 8, 2008 the City Commission continued this item at the request of the applicant. PLANNING AND ZONING BOARD RECOMMENDATION On December 19, 2007, the Planning and Zoning Board recommended denial. Board members commented after the vote that their position may be different had they received assurances that granting the variance would have no effect on flood insurance rates. Sec. 12-34. Variance Procedures. (a) The city commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (b) The city commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the building official in the enforcement or administration of this chapter. (c) Any person aggrieved by the decision of the city commission or any taxpayer may appeal such decision to the circuit court of Broward County, as provided in the Florida Statutes. (d) Variances may be issued for the reconstruction, rehabilitation or restoration of historic structures without regard to the procedures set forth in the remainder of this section, except for subsection (h)(1) and (4), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation and the variance in the minimum necessary to preserve the historic character and design. (e) In passing upon such applications, the city commission shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter; and (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger of life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; 5 The necessity of the facility to a waterfront location, in the case of a functionally dependent facility; (6) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (f) Upon consideration of the factors listed above, and the purposes of this chapter, the city commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (g) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (h) Conditions for variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (2) Variances shall only be issued upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (4) The building official shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. SHRFUTTSS BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW STEPHEN K.TILBROOK E-MAIL ADDRESS: Member Florida Bar stilbrook@shutts.com shutts.com (954)947-3830 Direct Telephone (954)998-3076 Direct Facsimile January 8, 2008 VIA E-MAIL & FAX Corinne Lajoie, AICP Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Harbour Towne Marina: Request for Continuance Resolution No. 2008-0004 Flood Elevation Variance for the Construction of a Dry-Stack Boat Storage Facility Resolution No. 2008-014 Request for DRI Rescission of Houston Park Dear Ms. Lajoie: Our Zinn represents Harbour Towne Associates on the above-referenced matters which are on the agenda for tonight's City Commission meeting. As you know, certain questions were raised at the Planning and Zoning Board meeting for the Flood Elevation Variance which require coordination with FEMA. We are working with the City Attorney to address those issues with FEMA, but we have not received a response from FEMA in time for this evening's Commission meeting. Because the above referenced items are related, we request a continuance of both items to the January 22, 2008 meeting of the City Commission. Thank you for your attention and consideration in this regard. FTLDOCS 5283486 1 200 EAST BROWARD BOULEVARD • SUITE 2100 • FORT LAUDERDALE,FLORIDA 33301 • TELEPHONE(954)5245505 • FACSIMILE(954)524-5506 • WEBSITE:..shurs.corr MIAMI FORT LAUDERDALE WEST PALM REACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM LONDON Ms. Corinne Lajoie Principal Planner— City of Dania Beach January 8, 2008 Page 2 Very truly yours, SHUTTS & BOWEN Step n K. rTi SKT/ne cc: Ivan Pato, City Manager Tom Ansbro, City Attomey Larry Leeds, Director of Community Development George I. Platt, Esq. Mr. Gary Groenewold, Harbour Towne Marina FTLDOCS 5283486 I SH=S&BOWEN UP MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET ITS-, EVIEWYSI ET PLAPN, —� aE1f It=`ANY' Route Date 7/24/2D07 P Log VA-45-0D JUL .� 11007 Project Harbour Town Associates olio Variance plann1nnt �] PLEASE REVIEW THE ABOVE REFERENCED PR J BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAF DATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up 1/1 In-house ❑ Fire Marshal ❑ Landscape ❑ - BSO ❑ Public Services ❑� Planner❑ Other Consultants ❑CGA Approved as submitte�< Denied ❑ Comments must address prior Approved w/conditions to PZ/Commission hearing List Conditions 7 3Q oQ Signature Date i'vic r-_ Print Name --—————— ——— — -- - ---- ------ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET _ ----------- 1?L'EASE EV E4Y .1 PL�AtJ AND" NTS IF ANY Route Date 7/24/2007 Log A-45-07 JUL 2 5 20o7 Project IHarbour Town Associates olio Variance Pla n n 1 R PLEASE REVIEW THE ABOVE REFERENCED P C�Y&TP BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMM HE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house ❑� Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions sas A`I' GE4�D 'T e"LS o7 Signature Date F011-LIF Print Name Message Page 1 of 1 Reeves, Phillip JUL 2 5 2007 From: Reeves, Phillip Sent: Wednesday, July 25, 2007 3:06 PM Planning To: Lajoie, Corinne Department Cc: Leeds, Larry Subject: Harbour Town Associates Harbour Town Associates has applied for a variance to City Ordinance Section 12-52. New construction shall be elevated not lower than one (1) foot above the base flood elevation as specified on the flood insurance rate map. This is the cities requirement Property is located in flood zone AE-7, as per FEMA flood map. This means that proposed floor elevation of 7.08' will be .08' above FEMA. This will not affect the cities FEMA Minimum elevation requirements as it relates to cities insurance rating because proposed elevation is not below FEMA requirements. I have not objection to Harbour Town's request. Phillip E. Reeves Building Official VA-45-07/DRI-44-07 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, January 8,2008 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: Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting the following: VA-45-07—A variance to allow a dry stack boat storage building to have a finish floor elevation of 7' 111. The Dania Beach Code of Ordinances, Chapter 12 Flood Damage Prevention, Section 12-25 (2), requires 8 feet. Property located at 801 NE 3rd Street, Dania Beach. DRI-44-07 — Rescind the Houston Park Development of Regional Impact / AKA Harbour Towne Marina, as follows: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA, AS FURTHER DESCRIBED HEREIN; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH FOR CONFLICTS; FURTHER, AND PROVIDING FOR AN EFFECTIVE DATE. Legally described as: A parcel of land lying in Section 35, Township 50 south, Range 42 East more particularly described as follows: Commencing at the northwest comer of said Section 35; thence run due south along the west line of said Section for 1291.28 feet; thence run north 89 18 49 east along the north line of the south half of the northwest quarter of said Section 35 for 1331.67 feet to the point of beginning; thence continue along said north line north 89 18 49 east for 757.96 feet; thence run south 00 07 24 west along a line parallel to the east line of the west '/4 of the SE 1/4 of the NW '/4 of said section 35 for 672.93 feet; thence run south 89 14 20 west along a line parallel to and 30.00 feet south of the south line of the NW '/4 of the SE '/4 of the NW '/4 of said Section 35 for 732.68 feet; thence run north 00 05 55 east for 30.00 feet; thence run south 89 14 20 west for 5.0 feet; thence run north 00 05 55 east for 427.87 feet; thence run south 89 18 49 west for 20 feet; thence run north 00 05 55 east along the west line of the east '/z of the NW I/4 of said section 35 for 216.02 feet to the point of beginning; less all canal right of way. The above described parcel of land situate, lying and being in the city of Dania beach, Broward County, Florida. Contains 11.50 acres inclusive of Dania cut-off canal, more or less. Subject to restrictions, reservations, easements and rights of way of record. 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) 924-6805 x3645 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) 924-6800 x3623, 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, December 28, 2007 Location Map: 1-G Osp�e CJmR Ceny\ CJ ONE-3RD TER L O Proposed she OS L = RS-8000 NE-3 RD ST RM 12/24/2007 08: 07 9547912123 CF ELECTRIC PAGE 01 _ h c o o � ❑ N m U1 11 G N aM ID H o 7 r p E O�p � ON L7 U L Q R O b co M N 00 f• ` h h m CO co m M M M M C) h O N N 2 M M 0 0 0 0 I f 1 0 0 0 0 0 0 0 4 0 M r 0 0 W W 0� W Q/ W W O Q1 Of O Cn CD M Of p 4] M a M �.MjQQN NNNto NN NN NN NNNMN <9c v ry J J p O O O N C 7 R 7 4 LL 0 7 O O 0 0 0 0 6 LL U. 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Zo MZZZZZZZZZMZ � z — tnnLo M 0) 0007 m N � hM O ` 0 � M O r M !O [( W tD m M r tp co m fD m CD CD CD CO O � n O O O J ep� M Q NCL F O m K � �'.� C 0 Z ? 0O z sLL v a 9 LL z � z� z 0 LUO ¢ w a zJ OrA s Q � � QZJN W = � (nY Z0 C W IF- 0 W Of UJ 3 m ¢ a = mO© Owz U � _ 7 � <0M - aUwomzON7 ' 2syFm QaW V W z - � 0 ¢ O � LU z a o .6QW � m ¢ 2 :1�t nun o�o :I A O�i.OmtAC � OZzzLLz � > smZ � Z � ¢ ww m0 2mLLzu x ° oz ¢ MQ � z0zw w50- i ¢ � V 'C TT OLry C4' C O O O O O O C) C)V ow O a? co o co NM ? pry Wt- 00 rNr V mmLL 000s c7oo44o0000000000000o u_ 4, x, ^ m� to Nr U O C M NC7C 0 CS C] d 'C C O O O O O O O r r r T r r T r r r r T N V (OI m 1h0L6ir' 1nuiuinLr, �n U—n66U� 6u� u56zU� 66 2 4 a am N N M N �} M M M Cf M M M M M M M M f� M M co M M �O co p N N N N h CJ N N N N N N N N N N N N N N N N N N yy zggq ,FIt -T a ale d IRYgvIIII Z O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 M nI ® CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: 1-8-2008 RESOLUTION NO.2008-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES(2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ DRI-44-07: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting to rescind the Houston Park Development of Regional Impact/AKA Harbour Towne Marina. pg �c St Sli W 02°+2�5-Kr -4-44k Fq� 4t. 2� Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 111111�111'i 01111�I i III I 1 Ji Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Aftomey Date City Manage Date Commission Action: Approved: ❑ Denied: El continued to: ❑ RESOLUTION NO. 2008-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Houston Park Development of Regional Impact/aka Harbour Towne Marina was originally approved by Resolution No. 383, and subsequently amended by Resolution No. 387 (March 24, 1981), No. 63 (November 15, 1983) and 13-85 (May 28, 1985); and WHEREAS, the Houston Park Development of Regional Impact is a marina development generally located on the Dania Cut-Off Canal, and more specifically located at the property legally described on attached "Exhibit A'; and WHEREAS, the Florida Legislature in 2006 enacted amendments to the Development of Regional Impact (DRI) statute including section 380.06(24)(k), Florida Statutes, that exempts all water port and marina development from the requirements of the statute; and WHEREAS, the Florida Legislature further provided at section 380.115(1)(b), Florida Statutes, that a local government shall rescind a DRI development order regulating such development upon request of the landowner or developer and upon a showing that all required mitigation related to the amount of development existing on the date of rescission has been completed; and WHEREAS, Harbour Towne Marina, the owner and operator of the Houston Park Development of Regional Impact, has requested that the City of Dania Beach rescind the DRI development orders regulating the Houston Park Development of Regional Impact pursuant to the aforementioned statute; and WHEREAS, Harbour Towne Marina has submitted information regarding the completion of all required mitigation related to the amount of development in the DRI at the date of this Resolution and City staff has reviewed such information; and WHEREAS, the City Commission has considered the request and information by Harbour Towne Marina and the recommendation of its staff at a duly noticed public meeting; and WHEREAS, the City Commission finds that this Resolution is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above recitals are true and correct and are incorporated in this Resolution by this reference. Section 2. That the City Commission finds that all required mitigation related to the amount of development in the Houston Park Development of Regional Impact/aka Harbour Towne Marina has been satisfied as of the date of adoption of this Resolution and that the Houston Park Development of Regional Impact development order is rescinded. Section 3. That all resolutions or parts of parts of resolutions in conflict with the provisions of this Resolution are repealed. Section 4. That this Resolution shall take effect immediately at the time of its passage and adoption. PASSED AND ADOPTED on 2008. 2 RESOLUTION#2008-014 BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2008-014 EXHIBIT "A" LEGAL DESCRIPTION PARCELS A AND B OF HARBOUR TOWNE MARINA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGE 34, OF THE PUBLIC RECORDS OF BROWARD COUNTY. TOGETHER WITH: A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE RUN DUE SOUTH ALONG THE WEST LINE OF SAID SECTION FOR 1291.28 FEET; THENCE RUN NORTH 89'18'49" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 35 FOR 1331.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH LINE NORTH 89'18'49" EAST FOR 757.96 FEET; THEN RUN SOUTH 00'07'24" WEST ALONG A LINE PARALLEL TO THE EAST LINE OF THE WEST '/4 OF THE SE '/4 OF THE NW '/4 OF SAID SECTION 35 FOR 672.93 FEET; THENCE RUN SOUTH 89'14'20" WEST ALONG A LINE PARALLEL TO AND 30.00 FEET SOUTH OF THE SOUTH LINE OF THE NW `/4 OF THE SE `/4 OF THE NW '/4 OF SAID SECTION 35 FOR 732.68 FEET; THEN RUN NORTH 00'06'55" EAST FOR 30.00 FEET; THEN RUN SOUTH 89'14'20" WEST FOR 5.00 FEET; THEN RUN NORTH 00'05'55" FOR 427.87 FEET; THEN RUN SOUTH 89'18'49" WEST FOR 20.00 FEET; THENCE RUN NORTH 00'05'55" EAST ALONG THE WEST LINE OF THE EAST %2 OF THE NW `/4 OF SAID SECTION 35 FOR 216.02 FEET TO THE POINT OF BEGINNING; LESS ALL CANAL RIGHT OF WAY. THE ABOVE DESCRIBED PARCEL OF LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA CONTAINS 11.50 ACRES INCLUSIVE OF DANIA CUT-OFF CANAL MORE OR LESS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD. 4 RESOLUTION#2008-014 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C� ��-- SUBJECT: DRI-44-07: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting to rescind the Houston Park Development of Regional Impact/AKA Harbour Towne Marina. LOCATION: 801 NE 3rd Street The Houston Park Development of Regional Impact/aka Harbour Towne Marina was originally approved by Resolution No. 383, and subsequently amended by Resolution Nos. 387 (March 24, 1981), No. 63 (November 15, 1983) and 13-85 (May 28, 1985). Harbour Towne Marina, the owner and operator of the Houston Park Development of Regional Impact, has requested that the City of Dania Beach rescind the DRI development orders regulating the Houston Park Development of Regional Impact. Special Land Use Counsel Nancy Stroud has determined based on the Harbour Towne Report that the DRI development order conditions have been complied since 1988 (See attached memo). CITY COMMISSION PREVIOUS ACTION On January 8, 2008 the City Commission continued this item at the request of the applicant. STAFF RECOMMENDATION At the discretion of the City Commission. SHUTTS BO EN LLP ATTORNEYS AND COUNSELLORS AT LAW STEPHEN K.TILBROOK E:MAIL ADDRESS: Member Florida Bar stilbrookCshutts.com (954)847-3830 Direct Telephone (954)898-3076 Direct Facsimile January 8, 2008 VIA E-MAIL & FAX Corinne Lajoie, AICP Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Harbour Towne Marina: Request for Continuance Resolution No. 2008-0004 Flood Elevation Variance for the Construction of a Dry-Stack Boat Storage Facility Resolution No. 2008-014 Request for DRI Rescission of Houston Park Dear Ms. Lajoie: Our firm represents Harbour Towne Associates on the above-referenced matters which are on the agenda for tonight's City Commission meeting. As you know, certain questions were raised at the Planning and Zoning Board meeting for the Flood Elevation Variance which require coordination with FEMA. We are working with the City Attorney to address those issues with FEMA, but we have not received a response from FEMA in time for this evening's Commission meeting. Because the above referenced items are related, we request a continuance of both items to the January 22, 2008 meeting of the City Commission. Thank you for your attention and consideration in this regard. FTLDOCS 5283486 1 200 EAST BROWARD BOULEVARD • SUITE 21M • FORT tAUDERDALE,FLORIDA 33301 • TELEPHONE(954)524-5505 • FACSIMILE(954)524-5506 • WEBS-IE:w .shutts.com MIAMI FORT IAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE 4MSTEADAM LONDON Ms. Corinne Lajoie Principal Planner— City of Dania Beach January 8, 2008 Page 2 Very truly yours, SHUTTS & BOWEN L Step11V . Tilbrook SKT/ne cc: Ivan Pato, City Manager Ton: Ansbro, City Attorney Larry Leeds, Director of Community Development George L Platt, Esq. Mr. Gary Groenewold,Harbour Towne Marina FTLDOCS 5283486 1 SfIMS&BOWEN UY MIAhR FORT LAU ERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON 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 � ❑ Plat ❑ Plat Delegation Request ^� ❑ Rezoning JUL 2 4 2001 Date Rec'd: a't ifl l ❑ Site Plan ❑ Special Exception Planning Petition No.: k)Rl._ 4y—O7 ❑ Special Request Department ElTrafficway Waiver ❑ Variance ❑ Vacation Request a Other' Rescission of Houston Park DRI pursuant to s. 180.115(1) (b) Fla. Stat. (2007) . 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 Gty's Building Department. Location Address: 801 NE 3rd Street, Dania Beach, FL 33304 Lot(s): Block: Subdivision: 35-50-42 Recorded Plat Name: N/A 5042 35 00 01GI Folio Number(s): 5042 35 DD 0160 Legal Description: see Attached Applicant/Consultant/Legal Representative (circle one) Stephen A. Tilbrook, Esq. Address of Applicant: 200 E Broward Blvd. Suite 2100 Fort Lauderdale, FL 333D1 Business Telephone: 954 847 3830 Home: 954 817 1717 (cell) Fax: 954 524 5484 Name of Property Owner: Harbour Towne Associates Address of Property Owner: 1000 N.E. 3rd Street, Dania Beach, FL 33304 Business Telephone: 954 926 D300 Home: 954 260 1717 (cell) Fax: 954 922 5484 Fxplanation of Request: SEE ATTACHED EXPLANATION Prop. Net Acreage: 11.5 Gross Acreage: Prop. Square Footage: 500,940 sq.ft. Existing Use: Parking / Restaurant Proposed Use: Marina / Dry Stack / Restaurant Is property owned individually, by a corporation, or a joint venture? California General Partnership I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of 20_ Signature: Date: Stephen K. Tilbrock, Esq. Sign Name of Notary Public (Print Name) State of( ) 2D0 E Broward Blvd, Suite 210D, Fort Lauderdale, FL 33301 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: (954) 847-3830 Office; (954) 847-5506 Facsimile 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 (Applirant/ConsultantJRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized n.e) make and file the aforesaid application. o Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (P(nt Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and at all partners have authorized (Applicant/Consultant/Representaeve) a Fer to make and file the aforesaid application. Sworn to and subscribed before me This A37'day of 20 01 / Signature: Date: Gary Groenewold, Agent (Print Name)** westrec Investors, Inc. , General Partner 4S' Name of Notary Public PS Marinas 3 and PS Marinas 4 State of1=1rit % \! General Partners of Harbour Towne Associates Ventura Blvd, 6th Floor, Encino, CA 91436 Print Name of Notary Street Address, City, State and Zip Code (B1B) 907-0400 Ext. 243 Commission Expires:J%/ / (e1B) 907-1104 Fax Seal: ' Telephone No. &Fax No. of ign. Attach duplicate sheets as required. jw 3f,20 'a ..�y> tD�456�2 October 25, 2007 r w� y Tom Ansbro H R City Attorney " %007 City of Dania Beach =u0i 100 W. Dania Beach Dania Beach, Florida 33004 Re: Harbour Towne Marina Report of September 21, 2007 � Dear Tom: You asked me to review the submissions by Steven Tilbrook, on behalf Harbour Towne Marina, regarding the requested rescission of the Houston Park DRI. I reviewed the memo dated September 21, 2007 from Michael McAllister to Stephen Tilbrook; the letter of October 10, 2007 from Tyler Chappell to Mr. Tilbrook and yourself, and the letter of October 11, 2007 from Mr. Tilbrook to yourself. The development order conditions for the Houston Park Marina DR1 are set forth in the DRI report from the South Florida Regional Planning Council, contained under Tab A2, beginning at page 43, of the September 21, 2007 memorandum. The monitoring reports contained in Tab B of that memorandum indicate the DRI's compliance with development order conditions since at least 1988. Based on these representations and reports, it appears that the mitigation requirements for the Houston Park DRI have been completed. Please call me if you have any questions. Very truly yours, Nancy E. Stroud NES/jm J&" 7900 4' .4j. Ju Co Q57 f oc2 1`� ��' � ioree—567 6.�6,�800 .J� —.56?d�62B,�8 SHUTTS BOWEN L L P ATTORNEYS AND COUNSELORS AT LAW AL 2 4 2007 Planning EXPLANATION OF APPLICATION Department in 1981, the City of Dania Beach issued Resolution No. 383 approving the Houston Park Project as a Development of Regional Impact ("DRI") pursuant to the DRI threshold and criteria in Chapter 380, Fla. Stat., applicable at that time. In particular, the Houston Park Project required DRI review because of the size of the marina. Since 1981, the developer has constructed the marina and improvements pursuant to the Houston Park DRI, and the developer has completed all development conditions and mitigation as required by the Houston Park DRI. In 2006, the Florida Legislature modified the DRI criteria set forth in Chapter 380, Fla. Stats., and eliminated the DRI thresholds for marinas. In addition, the Florida Legislature established §380.115(1)(b), Fla. Stats., which provides that the owner of a project that is no longer subject to DRI review due to a change of the DRI standards, may request a rescission of the DRI development order. As related to the Houston Park DRI, the 2006 statutory revisions eliminate the requirement that the Houston Park Project is subject to DRI review. Accordingly, Harbour Towne Associates requests that the City of Dania Beach issue an order rescinding the Houston Park DRI, pursuant to the provisions of§380.115(1)(b), Fla. Stat. (2007). HISTORY OF DRI Relevant Development Orders: Resolution 383, February 17, 1981 (Dania Beach) Resolution 63, November 15, 1983 (Dania Beach) Resolution 13-85, May 28, 2985 (Dania Beach) CRITERIA FOR RESCISSION Pursuant to §180.115(b), Fla. Stats., provides that the sole criteria for rescission of a DRI is that all required mitigation related to the amount of development that existed on the date of rescission has been completed. That section provides in pertinent part: FTLDOCS=240026 2 "If requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed." (citation) Thus, a DRI shall be rescinded by the local authority if the applicant is able to demonstrate that the project does not meet current DRI thresholds and all required mitigation has been completed. The Harbour Towne Marina does not meet current thresholds for DRI review. In addition, Harbour Towne has competed all required mitigation: the following is an analysis of the required mitigation activities under the Development Orders for Harbour Towne / Houston Park Marina, as contained in the 2001 Amoral DRI Report, attached hereto for your reference: 1. Stockpile and berm, to prevent runoff into adjacent mangroves or water, all organic soils excavated and use these soils elsewhere on-site for landscaping. COMPLIED WITH. 2a. Complete all excavation and bulkhead, pier, walkway, culvert, settling pool construction before the land plug. COMPLIED WITH. 2b. Monitor all control measures used to minimize erosion and turbidity during Construction. THE CITY MONITORED DURING CONSTRUCTION. 3a. Design the culverts to act as pollutant retardant structures or incorporate such structures including oil and grease skimmers into the culverts and maintain these regularly. COMPLIED WITH. 4. Remove all exotic vegetation from the site and insure that its removal is permanent. COMPLIED WITH. 5. Use primarily native trees and slu-ubs to landscape the new development with any exotic species being South Florida adopted and noninvasive. COMPLIED WITH. 6. Delay construction until State and local historic preservation officials can survey the site should any archaeological finds be made during construction. COMPLIED WITH. FTLDOCS 5240026 2 2 7. Prepare a final irrigation plan ensuring that irrigation water will not draw from Dania well fields. IRRIGATION WATER IS OBTAINED FROM THE CITY OF DANIA BEACH. IT WAS NOT PRACTICAL TO DRILL A WELL BECAUSE THE PROPERTY IS SITUATED IN A SALT WATER INTRUSION AREA. S. Obtain a letter from a private waste hauler contractor for removal of solid waste in containers greater than 32 gallons prior to issuance of a Certificate of Occupancy. COMPLIED WITH. 9. Ensure incorporation of all appropriate energy conservation measures in this project. COMPLIED WITH DURING BUILDING PLAN REVIEW. 10a. Pay the cost of re-striping the east approach of the US 1 and Dania Beach Blvd Intersection according to the plan depicted in Figure 9 of this report. COMPLIED WITH. 10b. Evaluate the potential for flooding of N.E. 3'd St., the entrance road to the Marina and if necessary, modify its drainage system or elevate the roadway. COMPLIED WITH. 11. Provide clearly marked signage at proj ect entrances and exits. COMPLIED WITH. 12. Slope the boat maintenance area away from the ramp and boat lift, and route runoff into drains where hazardous chemicals are removed for proper disposal, before runoff enters the site drainage system. COMPLIED WITH. I'). Obtain SFWMD permit. COMPLIED WITH. 14. Incorporate the application for Development Approval into the Development Order for the project as follows: the application for development approval is hereby incorporated herein by reference and relied upon the by the parties in discarding their statutory during under Chapter 380 Florida Statutes. Substantial compliance with the representations contained in the FTLDOCS 524DO26 2 3 application Development Approval is a condition for approval unless waived or modified by agreement among the parties. COMPLIED WITH. 15. Provide that the Development Order will be null and void if substantial development of the project is not completed within 2 years fi-onn the date of issuance of the Development Order. Substantial Development will be defined as approval of all above specified permits; construction of the drainage system, including culverts and settling ponds; completion of all excavation and bulkhead, pier, and walkway construction; and re-striping of the eastern leg of the US 1 and Dania Beach Blvd. Intersection. COMPLIED WITH. 16. Specify monitoring procedures to insure compliance with all conditions of the development order. CITY REVIEWED DURING BUILDING PLAN AND SITE PLAN REVIEW. 17. Designate a city official to monitor compliance with all conditions of the Development Order. THE GROWTH MANAGEMENT DIRECTOR IS THE DESIGNEE. 18. Specify requirements for an aimual report in accordance with Chapter 380.06(14)(c)(3). COMPLIED WITH (SEE 2001 ANNUAL REPORT). 19. Incorporate the Council DR] assessment by reference into the Development Order. COMPLIED WITH. FTLDOCS�2100202 4 JUL 2 4 2007 Planning EXHIBIT G Department SVNr4A:RY OF DEVELOPMENT ORDER CONDITIONS CONDITION 1 - COMPLIED WITH CONDITION 2A - COMPLIED WITH CONDITION 2B - THE CITY MONITORED DURING CONSTRUCTION CONDITION 3A - COMPLIED WITH CONDITION 313 - COMPLIED WITH CONDITION 4 - COMPLIED WITH CONDITION 5 - COMPLIED WITH CONDITION 6 - COMPLIED WITH CONDITION 7A - IRRIGATION WATER IS OBTAINED FROM THE CITY OF DANIA. IT WAS NOT PRACTICAL TO DRILL A WELL BECAUSE THE PROPERTY IS SITUATED IN A SALT WATER INTRUSION AREA. CONDITION 8 - COMPLIED WITH CONDITION 9A - COMPLIED WITH TO THE GREATEST EXTENT POSSIBLE CONDITION 9B - COMPLIANCE DURING BUILDING PLAN REVIEW- CONDITION 10A - COMPLIED WITH CONDITION 10B - COMPLIED WITH CONDITION 11 - COMPLIED WITH CONDITION 12 - COMPLIED WITH ITH CONDITION 13 - COMPLIED WITH CONDITION 14 - COMPLIED WITH CONDITION 15 - COMPLIED WITH CONDITION 16 - CITY REVIEWS DURING BUILDING PLAN AND SITE PLAN REVIEW CONDITION 17 - THE GROWTH MANAGEMENT DIRECTOR IS DESIGNATED TO MONITOR THE PROJECT CONDITION 18 - PER THIS REPORT CONDITION 19 COMPLIED WITH Statutes & Constitution :View Stab :->2006->Ch0380->Section 115 : Onlu 'unshine Page 1 of 2 RE '5 C �s S/v Aj 5j@1gTj@ JUL 2 4 2007 Select Year: 2006 Go Planning Department The 2oo6 Florida Statutes Tim Chapter 380 View Entire NATURAL RESOURCES; CONSERVATION, LAND AND WATER C. hate[ RECLAMATION, AND USE MANAGEMENT 380.115 Vested rights and duties; effect of size reduction, changes in guidelines and standards.-- (1) A change in a development-of-regional-impact guideline and standard does not abridge or modify any vested or other right or any duty or obligation pursuant to any development order or agreement that is applicable to a development of regional impact. A development that has received a development-of- regional-impact development order pursuant to s. 380.06, but is no longer required to undergo development-of-regional-impact review by operation of a change in the guidelines and standards or has reduced its size below the thresholds in s. 38 .06 1, shalt be governed by the following procedures: (a) The development shall continue to be governed by the development-of-region at-impact development order and may be completed in reliance upon and pursuant to the development order unless the developer or landowner has followed the procedures for rescission in paragraph (b). Any proposed changes to those developments which continue to be governed by a development order shalt be approved pursuant to s. 380,06(19)_ _ as it existed prior to a change in the development-of-regional- impact guidelines and standards, except that all percentage criteria shalt be doubted and all other criteria shall be increased by 10 percent. The development-of-regional-impact development order may be enforced by the local government as provided by ss. 380,06(17) and 330.11. (b) If requested by the developer or Landowner, the development-of-regional-impact development order shalt be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed. (2) A development with an application for development approval pending, pursuant to s. 380.06, on the effective date of a change to the guidelines and standards, or a notification of proposed change pending on the effective date of a change to the guidelines and standards, may elect to continue such review pursuant to s. 380,06, At the conclusion of the pending review, including any appeals pursuant to s. 380,07, the resulting development order shall be governed by the provisions of subsection (1). (3) A landowner that has filed an application for a devetopment-of-regional-impact review prior to the adoption of an optional sector plan pursuant to s. 163.3245 may elect to have the application reviewed pursuant to s. 380.-Qb, comprehensive plan provisions in force prior to adoption of the sector plan, and any requested comprehensive plan amendments that accompany the application. http://www.leg.state.fl.us/statutes/index.cfin?App_node=Display_Statute&Search String=... 5/7/2007 Statutes& Constitution :View Stan :->2006->Ch0380->Section 115 : Onli sunshine Page 2 of 2 History.--s. 96, ch. 2002-20; S. 32, ch. 2002-296; s. 38, ch. 2005-290; S. 11, ch. 2006-220. Copyright O 1995.2006 The Florida Legislature • LCon a t Us http://wwww.leg.state.fl.us/statutes/index.efin?App_mode=Display_Statute&Search String=... 5/7/2007 FEB 17 1881 RESOLUTION NO. 393 ;52FC- A RESOLUTION OF THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, ACCEPTING RECOMMENDATIONS OF THE SOUTH FLORIDA* REGIONAL PLANNING COUNCIL, ADOPTING FINDINGS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND GRANTING TO MARINE CONVERSIONS, INC. APPROVAL PUR- SUANT TO CHAPTER 380 OF THE FLORIDA STATUTES SUBJECT TO THE RECOMMEN- DATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL. WHEREAS, Marine Conversions, Inc., on behalf of the City of Dania, has proposed undertaking the development of a marine facility on a tract of land consisting of approximately 22 acres owned by and within the City of Dania; and WHEREAS, Marine Conversions, Inc. has submitted a complete Development of Regional Impact application for development approval to the South Florida Regional Planning Council pursuant to Section 38D.05, Florida Statutes, and did receive favorable recommendation for the proposed develop- ment order on November 17, 1980 as set forth in Cie report and findings of the South Florida Regional Planning Council; and WHEREAS, Marine Conversions, Inc. applied to the City of Dania for approval of the plan, approval of the proposed plat and approval of the recommendations and conditions set forth in the findings of the South Florida Regional Council; and WHEREAS, the City Commission has conducted a public hearing and considered the report and recommendations of the South Florida Regional Planning Council and concurs with the matters set forth therein; and WHEREAS, Marine Conversions, Inc. on behalf of the City of Dania, has met all legal requirements and their project complies with both the City and the County Master Plan and is consistent with the orderly development goals of the City of Dania; and WHEREAS, the proposed development is consistent with the report and recommendations of the South Florida Regional Plzng Council and does not unreasonably interfere with any of the considerations and objectives set forth in Chapter 380, Florida Statutes; and WHEREAS, the City Commission of the City of Dania has determined that all legal requirements of publication and other legal requirements for the proposed development order have been complied with; and WHEREAS, the City Commission deems it advisable and in the best interests of the general welfare of the City of Dania to issue a Development Order for the Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DANIA, BROWARD COUNTY, FLORIDA: SECTION 1: The Development Order, attached hereto as Exhibit "A" and by reference made a part hereof, approving the Houston Park Project, a Development of Regional Impact,: proposed by Marine Conversion's, Inc. on behalf of the City of Dania, be and the same is hereby granted and issued. SECTION II: Certified .copies of this Resolution shall be forwarded to those entities as required by law. SECTION III: This Resolution shall be effective immediately upon passage. ADOPTED THIS DAY OF 1981. AMP-6 Al S, MAYOR ATTEST: '� �4YA Did A MULLI N, C �RK Prepared and Approved By: FRANK CHARLES ADLER, CI Y ATTORNEX^ 2 DEVELOPMENT ORDER Let it be known that pursuant to Section 390.06, Florida Statutes, the Commission 9f the City of Dania, Florida has considered in public hearing held on H 1981, the issuance of a Development Order . for Houston Park, a Development of Regional Impact to be located in the City of Dania, being more particularly described on Exhibit "A" attached hereto and by reference made a part hereof and after due consideration of the consistency of this proposed development with regulations, and the Report and Recommendations of the South Florida Regional Planning Council, the Commission takes the following action: Approval of Application for Develop- ment Approval, subject to the conditions of the South Florida Regional Planning Council. FINDINGS OF FACT I. Marina Conversions, Inc., on behalf of the City of Dania, has proposed undertaking the development of a marina facility on a tract of land consisting of approximately twenty-two (22) acres owned by and within the City of Dania. 2. Marine Conversions, Inc. has submitted a complete Development of Regional Impact application for development approval to the South Florida Regional Planning Council pursuant to Section 380.06, Florida Statutes and did receive favorable recommendation for the proposed development order on November 17. 1980 as set forth in the report and findings of the South Florida Regional Planning Council. 3. Marine Conversions, Inc. applied to the City of Dania for approval of the plan, approval of the proposed plat and adoption of the recommenda- tions and conditions set forth in the findings of the South Florida Regional Council. 4. Marine Conversions, Inc. shall submit a report, twelve (12) months from the date of issuance of this Development Order end each twelve (12) months thereafter until a Certificate of Occupancy is issued, to the South Florida Regional Planning Council; the State of Florida Department of Commun- ity Affairs, Divisions of Local Resource Management; all affected permitting agencies and the Planning Director, City of Dania Planning Department. This report shall contain, for the preceeding twelve (12) months: A. A general descriotion of construction progress in terms of construction dollars and employment compared to the sched- ule in the Applicant's Application for Development Approval- B. A cumulative list of all permits or approvals applied for, approved or denied. C. A statement as to whether any proposed project construc- tion changes in the ensuing twelve (12) months are expected to deviate substantially from the approvals included in this Development Order. D. Any additional responses required by rules adopted by the State of Florida Department of Community Affairs. The Planning Director, City of Dania Planning Department is hereby designated to receive this report, and to monitor and assure compliance with this Development Order. 5. That the Development Order constitutes a land development regula- tion applicable to the property; it being understood that recording of this notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice of any of the same. 6. The Application for Development Approval is incorporated herein by reference and is relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the Exhibit A representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties. CONCLUSIONS OF LAW 1. Marine Conversions, Inc, on behalf of the City of Dania, has met all legal requirements and this plan is consistent with the orderly development and goals of the City of Dania. - 2. The City of Dania will not issue any future development permits for the Houston Park project which would be inconsistent with the City of Da-ma's land use plan and will promptly initiate and use its best efforts to effectuate any necessary amendments to the City of Dania's land use plan pertaining to the development of the Houston Park project. B. The proposed development is consistent with the report and recom- mendations of the South Florida Regional Planning Council and does not un- reasonably interfere with any of the considerations and objectives set forth in Chapter SBO, Florida Statutes. 4. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the City of Dania. Approved this 117 day of .�v.-cri i961. _ mes Adams, Mayor Attest: Wanda MuRIKIn, City Clerk -2- LEGAL DESCRIPTION The E 3/4 of the SE 1/4 of the NW 1/4 of Sec. 35, Township 50 S. , Range 42 E. , together with any and all riparian rights, less and except the following: Commence at the N.W. Corner of the E 3/4 of the SE 1/4 of the NW 1/4 of Section 35, Township 50 South, Range 42 East, thence proceed in an _ easterly direction along the South line of the N 1/2 of the NW 1/4 a distance of 425.0 feet to a point; thence turn an angle to the right of 90052'41.5", thence proceed in a ' southerly direction 673.0 feet plus or minus to a point; thence .turn an angle to the right of 88°58'29"; thence pro- ceed in a westerly direction a distance of 425.0 feet to a point, then turn an angle to the right of 90"54'02", thence proceed in a northerly direction for a distance of 673.92 feet to the point of the beginning, containing twenty-two (22) acres more or less. All lands lying within the City Limits of the City of Dania. . t EXIIIDIT "A" ' - THIS EXIIIDIT "A" may be modified or sub- stituted upon receipt of survey of sub- ject property. � � s � � F�� �� � j � 1S �3 Attachment C FESOLUTION NO- 63 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, ADOPTING FINDINGS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND GRANTING TO MARINE CONVERSIONS, INC. APPROVAL PURSUANT TO CHAPTER 3BD OF THE FLORIDA STATUTES SUBJECT TO THE RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; 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. WHEREAS, Marine Conversions, Inc., on behalf of the City Of Dania, has Droposed undertaking the development of a marine facility on a tract of land consisting of approximately 23.4 acres owned by and within the ,City of Dania; and WHEREAS, Marine Conversions, Inc. , has submitted a complete Development of Regional Impact application for development aDDroval to the South Florida Regional planning Council pursuant to Section 36D.06, Florida Statutes, and did receive favorable recommendation for the proposed development order on October 3, 1963, as set forth in the report and findings of the South Florida Regional Planning Council; and WHEREAS, Marine Conversions, Inc. applied to the City Of Dania for approval of the plan, approval of the proposed plat and approval of the recommendations and conditions set forth in the findings of the South Florida Regional Planning Council; and WHEREAS, the City commission has conducted a public hearing and considered the report and recommendations of the South Florida Regional Planning Council and concurs with the matters set forth therein; and WHEREAS, Marine Conversions, Inc. on behalf of the City of Dania, h?s met all legal requirements and their project complies with both the City and the County Master Plan and is consistent with the orderly development goals of the City of Dania; and WHEREAS, the Droposed development is consistent with the report and recommendations of the South Florida Regional Planning Council and does not unreasonably in with any of the considerations and objectiv€5'set faith in Chapter 380, Florida Statutes; and defined as approval of all above specified permits; construction of the drainage system, including culverts and settling ponds; com- pletion of all excavation and bulkhead, pier, and walkway con- struction; and restrlping of the eastern leg of the US i and Dania Beach Blvd. intersection. 16. Specify monitoring procedures to insure compliance with all con- ditions of the Development Order. 17. Designate a City official to monitor compliance with all condi- tions of the Development Order. 18. Specify requirements for an annual report in accordance with Chapter 380.06( 14) (c) (3) . 19. Incorporate the Council DRI assessment by reference into the Development Order. 3 WHEREAS, the City Commission of the City of Dania has determined that all legal requirements of publication and other legal requirements for the proposed development order have been com➢lied with; and WHEREAS, the City Commission deems it advisable and in the best interests of the general welfare of the City of Dania to issue a Development Order for the Development of Regional Impact as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: " Section 1. The Development Order, attached hereto as Exhibit "A" and by reference made a part hereof, approving the Houston Park Project, a Development of Regional Impact, proposed by Marine Conversions, Inc. on behalf of the City of Dania, be and the same is hereby granted and issued. Section 2. Certified copies of this Resolution shall be forwarded to those entities as required by law. section 3. That all resolutions or parts of resolutions in conflict herewith be repealed to the extent of such conflict. Section 4. That this resolution shall take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 15th day of�-November / 1933. l'�ruAlu�L �l • n�, ATTEST: �CITY APPROVED FOR FORM AND CORRECTNESS: -2- "EXHIBIT A" DEVELOPMENT ORDER Let it be known that pursuant to Section 390.06, Florida Statutes, the City Commissicn of the City of Dania, Florida has considered in public hearing held on November 16, 1983, the issuance of a Development Order for Houston Park, a Development of Regional Impact to be located in the City of Dania, being more particularly described on Exhibit "B" attached hereto and by reference made a part hereof and after due consideration of the consistency of this proposed development with regulations, and the Report and Recommendations of the South Florida Regional Planning Council, the Commission takes the following action: Approval of Application for Development Approval, subject to the con-_A ditions of the South Florida Regional Planning Council, as listed in x" -�'Fahibir C" attached hereto and by reference made apart hereof. FINDINGS OF 1. Marine Conversions, Inc. on behalf of the City of Dania, has proposed undertaking the development of a marina facility on a tract of land consisting of aoproximately 23.4 acres owned by and within the City of Dania. 2. Marine Conversions, Inc. has submitted a complete Development of Regional Impact application for development approval to the South Florida Regional Planning Council pursuant to Section 380.06, Florida Statutes and did receive favorable recommendation for the proposed development order on October 3, 1983, as set forth in the report and findings of the South Florida Regional Planning Council. 3. Marine Conversions, Inc. applied to the City of Dania for approval of the plan, approval of the proposed plat and adoption of the recommendations and conditions set forth in the findings of the South Florida Regional Planning Council. 4 . Marine Conversions , Inc. shall submit a report twelve (12) months from the'OdA a of issuance of this Development order and each L " twelve (12) months thereafter until a Certificate of Occupancy is issued, to the South Florida Regicnal Planning Council; the State of Florida Department of Community Affairs, Divisions of Local Resource Management; all affected permitting agencies and the Planning Director, City of Dania Planning Department. This report shall contain, for the preceding twelve (12) months: •"• A. A general description of construction progress in ,� terms of construction dollars and employment compared to the schedule in the Applicant's Application for Development Approval. B. A cumulative list of all permits or approvals applied for, approved or denied. C. A statement As to wham r any proposed project construction changes in the ensuing twelve.(12) months are expected to deviate substantially from the approvals included in this Development Order. D. Any additional responses required by rules adopted by the State of Florida Department of Community Affairs. The Planning Director, City of Dania Planning Department is hereby designated to receive this report, and to monitor and assure conpliance with this Development Order. 5. That the Development Order constitutes a land development regulation applicable to the property; it being understood that recording of this notice shall not constitute a lien, cloud or encumbrance on real property, nor actual nor constructive notice c4 any of the same. 5. The Application for Development Approval is incorporated herein by reference and is relied upon by the parties in discharging their statutory duties under Chapter 330, Florida Statutes. Sub- stantial compliance with the representations contained in the Application for Developmert Approval is a condition for approval unless waived or modified by agreement among the parties. CONCLUSIONS OF LAW 1. Marine Conversions, Inc. on behalf of the City of Dania, has met all legal requirements and this plan is consistent with the orderly development and goals of the City of Dania. 2. The City of Dania will not issue any future development permits for the Houston Park project which would be inconsistent with the City of Dania's land. use plan. 3. The proposed development is consistent with the report and recommendations of the South Florid Regional Planning Council and does not unreasonably interefere with—any vf—the--corsiderations and objectives -2- set forth in Chapter 380, Florida Statutes. 4. The proposed development does not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the City of Dania. Approved this 15th day of November 1993. s C.- Q - MAYCR-CDMMISSIDILR ATTEST: I 1l sl c //'c'1L���- �L L ITY CL RK-AUDITOR APPROVED FOR-FORM AND CORRECTNESS: By: 1 /° r K t,. �E1 T1'b1zRE� -3- "EXHIBIT B" LEGAL DESCRIPTION The E 3/4 of the SEk of the NW'k of Section 35, Township 50 South, Range 42 East, together with any and all riparian rights, less and except the following: Commence at the NW k of Section 35, corner of the E 3/4 of the SEk of the NW Township SD South, Range 42 East, thence proceed in an easterly direction along the South line of the N 1/2of the NM"v a distance of 425.0 feet to a point; thence 'turn an angle to the right of 90052141.5", thence proceed in a southerly direction 673.0 feet plus or minus to a point; thence turn an angle to the right of 88058'29"; thence pro- ceed in a westerly direction a distance of 425.D feet to a point, then turn an angle to the right of 90054'02", thence proceed in a northerly direction for a distance Of 673.92 feet to the point of the beginning, containing twenty-two (22) acres more or less. All lands lying within the City limits of the City of Dania. - ............ MINUTES DANIA CITY COMMISSION SPECIAL MEETING NOVEMBER 15, 1993 ROLL CALL: Present: Mayor: Chester A. Byrd Vice-Mayor: John Bertino Commissioners: Jean Cook James Adams Robert Donly City Attorney: Frank Adler City Manager: Richard Marant City Clerk: Wanda Mullikin 1. PUBLIC HEARING 1.1 Approval of Development Order for Marine Conversions, Inc. City Attorney Adler read a letter from South Florida Regional Planning Council regarding the adoption of the regional impact report for the Houston Park Marina. City Attorney Adler reported that the original regional impact report of South.Florida Regional Planning Council is on file at City Hall. The Development Order for the Development of Regional Impact was read into the record. Mayor Byrd opened the Public hearing. Hearing no one speak in opposition and hearing David Graham (headinc the marine conversion project at Houston Park) speak in favor, the Mayor closed the public hearing. 2. RESOLUTION 2..1 A Resolution entitled "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL, ADOPTING FINDINGS OF THE SOUTH FLORIDA PLANNING COUNCIL AND GRANTING TO MARINE CONVERSIONS, INC. APPROVAL PURSUANT TO CHAPTER 38D OF THE FLORIDA STATUTES SUBJECT TD THE RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL; 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." was read in its entirety. A motion was made by Commissioner Donly, seconded by Vice-Mayor Bertino to adopt the Resolution accepting the recommendations of the South Florida Regional Planning Council. The motion passed on the following roll call vote: Commissioner Adams-yes Vice-Mayor Sertino-yes Commissioner Cook-yes Mayor Byrd-yes Commissioner Donly-yes The Special-Meeting was then adjourned. MAYOR-COMMISSIONER ITY CLERK-AUDITOR Special Meeting -1- November 15, 1983 "EXHIBIT C" A. XA, Based on consideration of the above specified positive and negative datlon of the Council to the Dania City Impacts, it is the recomrt+en Commission that the Appllcatlon for Development Approval for the Houston Park Marina be APPROVED, subject to the Incorporation of the following conditions into the Development Order: THE APPLICANT WILL INSURE THAT THE APPLICANT WILL- THE LESSEE WILL: 1 . Stockpile and berm, to prevent runoff Into adJacenmt mangroves or water, all organic Solis excavated and use these Solis elsewhere on-site for landscap- ing. 2s. Complete all excavation and 2b. monitor all control measures used ler, walkway, cul- to minimize erosion and turbidity bulkhead, p vert, and settling pool con- during construction. struction before the land plug 43 at the mouth of the Marina basin at the Dania Cutoff Canal is removed. 3a. Design the culverts to act as 3b. Institute an ongoing water quality pollutant retardant structures monitoring program to Insure that or incorporate such structures, the cumulative impacts of Increas- inciuding oil and grease skim- ed boating in this area do not mers, into the culverts and result in degradation of water maintain these regularly. quality. 4. Remove all exotic vegetation from the site, and insure that Its removal is permanent. 5. Use primarily native trees and shrubs to landscape the new development, with any exotic species being South Florida adopted and noninvaslve. 6. Delay construction, until State and local historic preservation officials can survey the site, should any archaeological finds be made during construction. 7a. Prepare a final Irrigation plan, ensuring that irrigation water will not draw from Dania well- fields. S. Obtain a letter from a private waste hauling contractor for removal of solid waste in con- talners with greater than a 32 gallon capacity, prior to Issuance of any certificate of occupancy. 9a. Prepare an analysis of the 9b. Ensure incorporation of all appro- energy conservation measures prlate energy conservation recommended In this report, measures In this project. including conservation measures to be Implemented. 1Da. Pay the cost of restriping the 1Db. Evaluate the potential for flood- east approach of the US i and ing of N.E. 3rd St., the entrance Dania Beach Blvd. Intersection, road to the Marina, and, If neces- according to the plan depicted sary, modify its drainage system in Figure 9 of this report. or elevate the roadway. 44 II . Provide clearly marked signage at project entrances and exits. 12. Slope the boat maintenance area away from the ramp and boat lift, and route runoff into drains where hazardous chemicals are removed for proper disposal , before runoff enters the site drainage system. 13. obtain South Florida Water Manage- ment District permit- 14. Incorporate the Application for Development Approval into the Development Order for the project as follows: "the Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharging their sta- tutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representa- tions contained In the Applica- tion for Development Approval is a condition for approval unless waived or modified by agreement among the parties." 15. Provide that the Development Order will be null and void If substantial development of the project is not completed within 2 years from the date of issuance of the the Development Order. Sub- stantlai development will be defined as approval of all above specified permits; construction of the drainage system, including culverts and settling ponds; com- pletion of all excavation and bulkhead, pier, and walkway con- structlon; and restriping of the eastern leg of the US 1 and Dania Beach Blvd. Intersection- 16. Specify monitoring procedures to 45 insure compilancew with all con- ditions of the Development Order. 17. Designate a City official to monitor compliance with all condl- tlons of the Development Order. 18. Specify requirements for an annual report in accordance with Chapter 380.06(14) (c)(3) . 19. Incorporate the Council DRI assessment by reference Into the Development Order. 46 �) f�l� L � M �� � �� I RESOLUTION N0. 13-85 A RESOLUTION OF THE CITY OF DANIA, FLORIDA' APPROVING AN AMENDMENT TO THE DEVELOPMENT ORDER ATTACHED TO AND MADE A PART OF RESOLU- TION NO. 3B3 PASSED AND ADOPTED ON FEBRUARY 11. 19B1 AND SUBSEQUENTLY AMENDED BY MODIFI- CATION TO SAID DEVELOPMENT ORDER APPROVED BY RESOLUTION NO. 387 PASSED AND ADOPTED ON MARCH 24 , 1981 AND FURTHER AMENDED BY RESOLU- TION N0. 63 APPROVING FURTHER MODIFICATION TO SAID DEVELOPMENT ORDER PASSED AND ADOPTED ON NOVEMBER 15, 1983; PROVIDING FOR SEVERABT?ITY; 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. WHEREAS, the original Development Order for the development of Houston Park was -approved by Resolution No. 383, passed and adopted on February 11, 1981, which incorporated said Development Order; and WHEREAS, said original Development Order was subsequently amended by Resolution No. 387 adopted on March 24 , 1981, and Resolu- tion No. 63 adopted on November 15, 19B3; and WHEREAS, Marine Conversions, Inc. , the developer of said Houston Park has now applied to the City of Dania for an amendment to said Development Order, as amended, to permit the modifications set forth in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, the City of Dania has reviewed such proposed amend- ment pursuant to the criteria enumerated in Section 380.06 (17) (a) , Florida Statutes, and has determined that the proposed amendment does not constitute a "substantial deviation" from the approved Development Order, as amended, and that such amendment does not create a reasonable likelihood of additional adverse regional impact or any other impact not previously reviewed by the South Florida Regional Planning Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. The above recitals are true and correct and are incorporated herein by reference. Section 2. The modifications to the Houston Park Development of Regional Impact as set forth in Exhibit "A" attached hereto and by reference made a part hereof, are hereby approved. Section 3. Within 90 days from the adoption of this resolu- tion, Marine Conversions, Inc. , will submit to the South Florida Regional Planning Council an amended application for development ap- proval incorporating the modifications set forth in Exhibit "A". Section 4. Except as modified hereby, all terms and con- ditions of the Development Order for Houston Park Development of Regional Impact as previously amended by Resolutions numbered 387 and 63 shall remain.in full force and effect. .Section 5. In the event that any 'section or provision of this resolution, or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than. the part declared to be invalid. Section 6. .This resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADDPTED on the 2Bt5 day of Mav 1985. ft3A OR - COMMISSIONER ATTEST: LL/ "C TY CLERK AUDITOR APPROVED FOR FORM AND CORRECTNESS By VL . GG�'C`.6�/ NK C. ADLER, City Attorney EXHIBIT "A" PROPOSED MODIFICATIONS TO APPROVED PLAN FOR HOUSTON PARK MARINA 1. Tennis Courts ' These are being removed from the plan due to predicted lack of use. The project is being oriented to boating recreation and it is felt that there will be no demand for a tennis facility in this type project. Adequate public tennis courts are available at the City of Danials nearby Frost Park, and these can be used by any patrons of the marina project who wish to play tennis. 2. Boat Re air Yard Th sisi area is being enlarged to accommodate the construction of a building in which to store and secure materials and equipment used in the boat repair operations conducted in the boat yard. In addition the expansion will accommodate the larger vessels drawn to a marina facility of this size. 3. Boat Basin The basin is proposed to be shortened by 6o ft. to provide space for the boat support shops proposed along the south side of the basin. A 60 ft. wide strip will remain unexca- vated along the south perimeter. This will have a positive effect on water quality in that the quantity of water in the basin will be reduced, resulting in a corresponding decrease in the time and number of tidal cycles required to flush and exchange the water in the basin. The flushing culverts are to remain as previously designed, except that they will be lengthened as required. 4. Boat Support Shops These are proposed to be constructed on the 60 ft. strip resulting from the shortening of the basin. They will house support services previously located in the existing boat support building adjacent to the site. A part of the exist- ing service building is to be removed to provide more park- ing and better traffic circulation for the marina complex. Another reason for removal of a part of the existing service building is that its location and configuration are not suitable for efficient use by the various boat support activities now in use in the building. These support activ- ities can be more effectively housed in the individual stalls in the proposed support building at the south end of the basin. The support shops will include marine electronics repair, canvas repair, tower repair and installation, carpentry, tackle repair, etc. , all of which are complimentary to the marina. Activities that will be prohibited from operating in the .shops will be engine repairs and service, and other "beavy" operations which are to be conducted in the boat repair yard and on the adjacent site. EXHIBIT A MIBIT "A" 5. Boat Storage Shed The figuration of the building is- proposed to be changed to delete the covered center aisle in the building and to allow storage of larger boats. Instead of a rectangular building about 110 ft. by 300 ft. it is proposed to con- struct a building with two wings, possibly in two or more phases. The north-south wing would be about 40 ft. wide by about 430 ft. long, open to the west. The east-west wing would be about 40 ft.- wide by about 370 ft. long, open to the north. The proposed configuration would result in a decrease of about 1,000 sq. ft. of building area, but would store about the same number of boats. 6. mangrove Replant Area The configuration-of area is proposed to be changed slightly to accommodate the proposed change of the boat storage building. The total area of mangrove replanting will remain as previously approved. However, the planting will be extended northerly along the finger canal to compen- sate for narrowing a portion of it at the south end. This should be a beneficial change in that it will provide a longer fringe of the same area - one that will be more effectively flushed by tides in the finger canal. 7. Driveways and Parking Areas The driveways and parking areas are proposed to be modified to be consistent with the above described modifications, shown in detail on the revised site plan. The proposed driveway scheme will provide more convenient access to both the restaurant and community center sites. SHUTTS & BOWEN LLP ATTORNEYS AND COUNSELLORS AT LAW n ' (A PARTIERSHB'A'CIUDING PROFESMONALASSOC MON5) •FIliST UNION CENTER ]WnY`J U S=2000 200 EAST BROWARD BOULEVARD JUL 2 4 2007 FORT LAUDERDALE FLORIDA 33301 TELEPHONE(954)524-5505_ GEORGE I.PLATr FACS11AME(954)5245505 Plan DIRECT LINE(954)8L7-3828 gplatt(a�shutts-law.e➢m Department September 19, 2001 Mr. John Hulsey, Senior Planner South Florida Regional Planning Council 3440 Hollywood Blvd., Suite 140 Hollywood,Florida 33021 Re: Harbour Towne Marina's Annual Status Report Dear John: We represent Westrec Properties, Inc., relative to Harbour Towne Marina, formerly Houston Park Marina ("Harbour Towne"). As you discussed with Vanessa Prieto, we previously met with Eric Silva, former Senior Planner, in order to gather information necessary to prepare the Annual Status Report contained herein. Pursuant to §380.06(18) of the Florida Statutes, Harbour Towne submits its Annual Status Report through August 2001,with Exhibits. Please note that the last Report dated July 1990 was filed November 14, 1991. If you have any questions,please feel free to contact me directly at(954) 847-3824. Thank you for your assistance. I Very truly yours, I SHUTT BOP latt, artner s L.Prieto, Esq. cc: Dan Lucas, Department of Co y fairs Gregory Stewart, Broward County Department of Planning & Environmental Protection /Division of Local Resource Management John Krane, Florida Department of Transportation/District 4 Cheryl McKee,Department of Environmental Protection Lawrence Leeds, City of Dania Planning Director Stephen K. Tilbrook, Esq. Enclosures FLDOCS 5045644.1 VLP AMSfERDAM FORT fAt nnALE LONDON MIM1S ORLANDO TALV�IiA55E'e WEn?P B' CR Mr. John Hulsey September 19,2001 Page 2 Mr. John Hulsey Senior Planner South Florida Regional Planning Council 3440 Hollywood Boulevard,Suite 140 Hollywood,FL 33021 -Mr.Dan Lucas Department of Community Affairs Mr. Gregory Stewart Broward County Department of Planning &Environmental Protection Division of Local Resource Management 219 Southwest 1"Avenue Fort Lauderdale,FL 33301 Mr. John Krane Florida Department of Tramportafion/District IV 3400 West Commercial Boueevard Fort Lauderdale,FL 33309-3421 Ms. Cheryl McKee Department of Environmental Protection 400 North Congress Avenue West Palm Beach,FL 33401 Mr. Lawrence Leeds Growth Management Director City of Dania Beach 100 W. Dania Beach Blvd. Dania Beacb,FL 33004 Mr. Gary Groenewold Harbour Towne Marina 801 N.E. Third Street Dania Beach,FL 33004 SHUTS&BOWEN LLF/FIRST UNION CENTER SUITE 2000/200 E.BROWARD BLVD./FT.LAUDERDALE,FLORIDA 333011(954)524-5505 ANNUAL STATUS REPORT Reporting Period: September 2001 (previous Report dated July 1990 was filed November 14, 1991) Development: Harbour Towne Marina (formerly Houston Park Marina) Location: City of Dania Beach,Broward County, Florida Developer: WESTREC PROPERTIES, INC., as General and Managing Partner for P.S.Marinas 3 and 4, a California Limited Partnership Address: 801 Northeast Thud Street,Dania Beach,Florida 33064 1. Describe any changes made in the proposed plan of development, phasing, or in the representations contained in the Application for Development Approval since the Development of Regional Impact( DPP')received approval. Note any actions(substantial deviation determinations) taken by local government to address these changes. None. NOTE:If a response is to be more than one sentence,' attach as Exhibit"A", a detailed description of each change and copies of the modified site plan drawings. Exhibit"A" should also address the following additional items if applicable: a) Describe changes in the plan of development or phasing for the reporting year and for the subsequent years. Not applicable. b) State any known incremental DRI applications for development approval or requests for a substantial deviation determination that were filed in the reporting year and to be filed during the next year. Not applicable. c) Attach a copy of any notice of the adoption of a development order or the subsequent modification of an adopted development order that was recorded by the developer pursuant to §380.06(15)(f),F.S. Not applicable. 2. Has there been a change in local government jurisdiction for any portion of the development since the development order was issued? If so,has the annexing local government adopted a new DRI development order for the project? Provide a copy of the order adopted by the annexing local government. Not applicable. i 3. Provide copies of any revised master plans, incremental site plans, etc.,not previously submitted. See Site Plan attached as Exhibit`B". NOTE: If a response is to be more than one or two sentences, attach as Exhibit B". i 4. Provide a summary comparison of development activity proposed and actually conducted for the reporting year as well as a cumulative total of development proposed and actually conducted to date. See attached Exhibit"C". EXAMPLE:Number of dwelling units constructed, site improvements, lots sold, acres mined, gross floor area constructed,barrels of storage capacity completed,permits obtained, etc. NOTE: If a response is to be more than one sentence, attach as Exhibit"C". 5. Have any undeveloped tracts of land in the development(other than individual single- family lots)been sold to a separate entity or developer? If so, identify tract,its size, and the buyer. Provide maps which show the tracts involved. Not Applicable. Not Applicable. Tract Buyer NOTE: If a response is to be more than one sentence, attach as Exhibit"D". 6. Describe any lands purchased or optioned adjacent to the original DRI site subsequent to issuance of the development order. Identify such land,its size, and intended use on a site plan and map. Not Applicable. NOTE:If a response is to be more than one sentence, attach as Exhibit"E". 7. List any substantial local, state and federal permits which have been obtained, applied for, or denied during this reporting period. Specify the agency,type of permit, and duty for each. Not applicable. NOTE:If a response is to be more than one sentence, attach as Exhibit"F". 2 8. Provide a list specifying each development order condition and each developer commitment as contained in the ADA and state how and when each condition or commitment has been complied with during the annual report reporting period. See attached Exhibit"G". NOTE: Attach as Exhibit"G". 9. Provide any information that is specifically required by the development order to be included in the annual report. This Report addresses the specific requirements of the Development Order. I 10. Provide a statement certifying that all persons have been sent copies of the annual report in conformance with Subsections 380.06(15) and(18),F.S. Copies of this Report are being sent to the following parties in accordance with subsections 380.06(15) and (18) of the Florida Statutes. A. South Florida Regional Planning Council B. Florida Department of Community Affairs C. Director, Growth Management, City of Dania Beach D. Department of Transportation, State of Flo ida Persons completing the questionnaire: eorge I.Platt,Partner Stephen K Tilbrook,Esq. Vanessa L. Prieto,Esq. Title: Attorneys, Shutts &Bowen LLP Representing: Westrec Properties,Inc. FiLDOCS 5039367.1 VLP 3 i b G r. v, No m. 5 71~ y, PC 0 0 0 0 w ,°o ,n a° a F U c G0 o 00 00 0 0 0 0 0 0 Da O^ N N Nrl- O� ,O C� O` N W to o _ m O O A Ch c p an oou o `v aena ab O 2 q o o 00 ' mcn a m v cn DO R. }y o 0 O. E . z U O ab ., _ U ti y bL 0 0 °a P L1 W ,-. c3 a O c a F a 0 0 o F o . 3 F U C h N O O m N �O l� ^' er O h ~ ~ 0 CDa+ �1 t- O O O r- N IT -ItENV W O.o h a q Fy P1 ai N m .-. -,i• y �n o o°n � U C3 U O O O O" q .A V] CC O ti ° W cn e U v •`� � ❑0 bD .� +N+ ti O U O U �cJ+ O OCO'. F O O O Vl v O p C VJ co m `m N ro w+ i M I= �-+ ~ N m 7 a2 J It ® » » i J J J J 7 \ + \ ° eo ƒ j bp \ . . \ a — rd \ \ J ) x $ tz \ 5 _ d 2 ° / \ lot IV / N 4 ] ) \ \ \ ( � � /] � \ � \ @ ] 9 ) , 2 QjA R i EXIT G SUMMARY OF DEVELOPMENT ORDER CONDITIONS CONDITION I - COMPLIED WITH CONDITION 2A - COMPLIED WITH CONDITION 2B - THE CITY MONITORED DURING CONSTRUCTION CONDITION 3A - COMPLIED WITH CONDITION 313 - COMPLIED WITH CONDITION 4 - COMPLIED WITH CONDITION 5 - COMPLIED WITH CONDITION 6 - COMPLIED WITH CONDITION 7A - IRRIGATION WATER IS OBTAINED FROM THE CITY OF DANIA. IT WAS NOT PRACTICAL TO DRILL A WELL BECAUSE THE PROPERTY IS SITUATED IN A SALT WATER INTRUSION AREA. CONDITION 8 - COMPLIED WITH CONDITION 9A - COMPLIED WITH TO THE GREATEST EXTENT POSSIBLE CONDITION 9B - COMPLIANCE DURING BUILDING PLAN REVIEW CONDITION 10A - COMPLIED WITH CONDITION 10B - COMPLIED WITH CONDITION 11 - COMPLIED WITH CONDITION 12 - COMPLIED WITH CONDITION 13 - COMPLIED WITH CONDITION 14 - COMPLIED WITH CONDITION 15 - COMPLIED WITH CONDITION 16 - CITY REVIEWS DURING BUILDING PLAN AND SITE PLAN REVIEW CONDITION 17 - THE GROWTH MANAGEMENT DIRECTOR IS DESIGNATED TO MONITOR THE PROJECT CONDITION 18 - PER THIS REPORT CONDITION 19 - COMPLIED WITH VA-45-07/DRI-44-07 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, January 8, 2008 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: Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting the following: VA45-07—A variance to allow a dry stack boat storage building to have a finish floor elevation of 7' 111. The Dania Beach Code of Ordinances, Chapter 12 Flood Damage Prevention, Section 12-25 (2), requires 8 feet. Property located at 801 NE 3rd Street, Dania Beach. - DRI-44-07 — Rescind the Houston Park Development of Regional Impact / AKA Harbour Towne Marina, as follows: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RESCINDING ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA, AS FURTHER DESCRIBED HEREIN; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH FOR CONFLICTS; FURTHER, AND PROVIDING FOR AN EFFECTIVE DATE. Legally described as: A parcel of land lying in Section 35, Township 50 south, Range 42 East more particularly described as follows: Commencing at the northwest comer of said Section 35; thence run due south along the west line of said Section for 1291.28 feet; thence run north 89 18 49 east along the north line of the south half of the northwest quarter of said Section 35 for 1331.67 feet to the point of beginning; thence continue along said north line north 89 18 49 east for 757.96 feet; thence run south 00 07 24 west along a line parallel to the east line of the west '/4 of the SE '/4 of the NW 1/4 of said section 35 for 672.93 feet; thence run south 89 14 20 west along a line parallel to and 30.00 feet south of the south line of the NW '/4 of the SE '/4 of the NW '/4 of said Section 35 for 732.68 feet; thence run north 00 05 55 east for 30.00 feet; thence run south 89 14 20 west for 5.0 feet; thence run north 00 05 55 east for 427.87 feet; thence run south 89 18 49 west for 20 feet; thence run north 00 05 55 east along the west line of the east '/2 of the NW '/4 of said section 35 for 216.02 feet to the point of beginning; less all canal right of way. The above described parcel of land situate, lying and being in the city of Dania beach, Broward County, Florida. Contains 11.50 acres inclusive of Dania cut-off canal, more or less. Subject to restrictions,reservations, easements and rights of way of record. 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) 924-6805 x3645 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) 924-6800 x3623, 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, December 28, 2007 Location Map: 1-G �,oA GaPa� C-3 ONE-3RD TER L O S:N OS Proposetl site L = RS-8000 NE3RD ST RM 12/24/2007 08: 07 9547912123 CF ELECTRIC PAGE 01 h _ o U C Q m A � E F97 d 100 U m � m pa1+ I hhti o W P mOMMMMph pNN C 2 W c, Mvw vlomm a� rnrnoorna> rna1M � .a mmP] N Nq� (V N � NN NNN NNNNMNf(? N 'vq O I�LLL � C100 ojN � � O OO a a PLLO r 04 � W w [O�1 Carl CIM t+O"1NOMMa (00 fmmCP7 [p�1M W m [rJ Cp"J [`07 J J M M m M M M M M m M M M M M M J M M M M O0 LL LL U- LJL lU- LL C LL LLu- IJLLLLL U. 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K1 M M M M M M M M M bO C6 b 7 m N N N 0' [J N N N N N N N N N N N N N N N N N " Ep yvvq � Q � � 'FO m G � u0i u0iu u> upi u0i000104100 � � Qupi LO uoi lon � � N U r ❑ CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-020 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BRUCE KODNER,PROPERTY OWNER,REPRESENTING DENTAL PLANS.COM,INC.FROM ARTICLE V OF THE ZONING APPENDIX(OFF-STREET PARKING),FOR PROPERTY LOCATED ON THE VACANT LOT DIRECTLY EAST OF 29 SOUTH FEDERAL HIGHWAY(FRONTING ON SE 1ST STREET), DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ME VA-66-07: Variance to allow unpaved parking on a vacant lot. Fr;T,:`.! m.xa us4 ru d a:! ! v`k, "t� c'i E `r P : '" 1 r v t i { Tyxs . #d! 3 ' �! z 5 n, r �p 4 jaw r xr h`a!Txd °fi ai!i9an!r�'.W:nwm'%.- ,^r'he c ! � z 4'!a e orb_,:. `` t°`x+,�+sr ea Resolution Staff Report Location Map Application Public Hearing Notice Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BRUCE KODNER, PROPERTY OWNER,REPRESENTING DENTAL PLANS.COM,INC.FROM ARTICLE V OF THE ZONING APPENDIX (OFF-STREET PARKING), FOR PROPERTY LOCATED ON THE VACANT LOT DIRECTLY EAST OF 29 SOUTH FEDERAL HIGHWAY (FRONTING ON SE 1sT STREET), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Article V of the Zoning Appendix("Off- Street Parking"),requires all parking areas to be hard surfaced for properties located within the City of Dania Beach; and WHEREAS, Bruce Kodner, property owner representing Dental Plans.com, Inc., is requesting a variance (VA-66-07) to allow the use of unpaved gravel parking on the vacant lot directly east of 29 South Federal Highway,(fronting on SE 1 sc Street)in the City of Dania Beach;and WHEREAS,the Planning&Zoning Board on December 19,2007 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-66-07 from requirements in Article V of the Zoning Appendix (Off-Street Parking) of the City Code of Ordinances is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. �I PASSED and ADOPTED on 12008. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2008-020 Location Map: z -a �. I,DANIA BEACH BLYD W DANIA BEACH BLVD u } = w TOC-1 I � y U W - Z O U TOD proposed Me SE PARK ST Z " Iz d RM J Q N H Z 11J 0 SE 1ST,ST SW_1ST.ST RD-8000 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Lajoie, AICP, Principal PlannerOA�(—� APPLICANT: Request by DentalPlans.com REQUEST: VA-66-07: Variance to allow unpaved parking on a vacant lot. LOCATION: Vacant lot at 11-19 South Federal Highway. The subject property is located immediately north and east of the applicant's office building at 29 South Federal Highway. The property also fronts on SE 1 Street. The applicant is requesting the use of the vacant lot for unpaved parking for 1 year. The applicant has meet all of the Public Services requested changes, including a perimeter fence, 2 openings (1 in bound; 1 out bound) and the use of wheel stops to identify spaces. PLANNING AND ZONING BOARD RECOMMENDATION On December 19, 2007 the Planning and Zoning Board recommended approval of the requested variance. STAFF RECOMMENDATION At the discretion of the City Commission. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT • ROUTING SHEET �'�'�""P� i►�G#z"t�i1E-�I�S '; ��J�R �14�IT'�['s"�11NM�M�'S 1i41��� y Route Date 11/21/2007 791 'IVr7upflI ZLog VA-66-07 Project DENTALPLANS.COM U V Folio PROPOSED PARKING DEC 0 5 2007 PLEASE REVIEW THE ABOVE REFERENCED FO�J M1�M NTS O BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STA BOARD AND CITY COMMISSION.THANK YOU. ✓" ` "" tO HE PLANNING AND ZONING Route Via: Mail ❑ Pick Up 0 In-house ❑ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services Planner❑ Other Consultants ❑CGA L �1' Approved as submitted ❑ Denied ❑ !�1 Comments must address prior ❑ Approved w/conditions Ci S to PZ/Commission hearing • List Conditions 9Haw E2(45Tt06, uTli-I iEs HYD✓�'T. Z, d Zoo Signature Date hots-f lA.)IC- r. © 1 Print Name • 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 ❑ Plat 1 ❑ Plat Delegation Request = A1a.� ❑ Rezoning Date Rec'd: 1(0 ❑ Site Plan L ❑ Special Exception Petition No.: JAI 1)� ❑ Special Request ❑ Trafficway Waiver Variance Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the 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. c ,I Location Address: I I- 1 cl S o 4+h Retfe -m I H 1 y Lot(s): I (A Block: a 3 Subdivision: Recorded Plat Name: 61 i r Folio Number(s): Legal Description: Lo 13, (clock Z3 76wo dF 07aCk�D (pow OfMiov) GUordr^'S b P�0.{'�'�•t/e-OG' Qs feroroecQ in Pla-( Book- "g q } e Applicant/Consultant/Le�glal Representative (circle one) DiJE. r4al Pans • Com,-yZIIC • /, Address of Applicant: aq r�PJ(- 50(A h Q•I E}'Ig h Wad 17a n 1a FL 0L ysll ga7Xli117Y-J-o3 — r Business Telephone: ome: 1 Fax: Name of Property Owner: -9mce, Kod ner Address of Property Owner: a`1 S O)"b-% D 1 k I r? fT 1 q h(lkt 3 30 O Business Telephon1.5(vl)qy1 ^0q-7 Home: Fax: Explanation of Request: ?e(mi&I uJ �0 a de �� e in Prop. Net Acreage: Gross Acreage: Prop. Square F000 age: o ( � �y • Existing Use:V/f7t pj l LOT Proposed Use: )1 Pkilee Is property owned individually, by a corporation, or a joint venture? I understand that site plan and variance approval automatically expires within 12 • the of City C mmission appravel, pursuant to Ordinance No. 2005-040. CE-yo —1 Applicant/Owner signature Print Name Date / APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: 1 C, This day of Vl _20 0 Signature: - Q �p07 Da t Q� cc o Sign Name of Nota ublic (Print ame) State of Street Address, City, State and Zip Code Print Name of Notary StreL fl ><t� IN0x � h V'LZ,01 CA 3 ja(SY Commission Expires: �1 £I/0 5 .6 1 rV_� Y) rO�� Telephone No./&5 Nj. n� 7 p7rgImo-00A1MMM 7r� r 6 • CarrYrlrtrM�r0a7t. D 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) make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. • CORPORATION NOTARIZED SIGNATURE: • This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. • ]DINT 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. I ailifr' m �uaw�.reda� Bt��uueld Hero Ms. Corinne Lajoie � � ! City of Dania Beach Community Development Department P.O. Box 1708 Dania Beach, FL 33004 November 21,2007 Dear Ms. Lajoie: This is regarding the information requested of me from our meeting last month. We are submitting our layout for the proposed parking variance. Please review and advise what else you need from me. I will be supplying you with digital photos of the lot after the Thanksgiving holiday. We are requesting a variance for one year while we look for another suitable business location in the City of Dania Beach. If we do not get a variance for this property we will • be forced to move our business operations and 45 employees to another municipality. We appreciate your time and consideration to our request. Sincerely 114 N Timothy Sternberg Director of Human Resources DentalPlans.com, Inc. 954-668-2103 • SE N •c g s A m a0 10-1 WN, q c iST STREET 2i31N3 30N3J 3nOVdO HOIH 13 Y 11X3 LL !r gem* Ilw■�- II*loop fx . A* , II i x FFF GkRBAGE DmdalPlan ocs m- eeatalP�- r 19 29 -------------------------------------- s S. FEDERAL HWY r� • VA-66-07 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, January 22, 2008 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-66-07 — Request by Bruce Kodner property owner, representing Dental Plans.com, Inc., to allow unpaved parking on the vacant lot directly east of 29 South Federal Highway, Dania Beach (Fronting on SE 1 Street). The Dania Beach Code of Ordinances, Article V of the Zoning Appendix(Off-Street Parking), requires all parking areas to be hard surfaced. Legally described as: Lot 13, Block 23, Town of Modelo (now Dania), according to the plat thereof, as recorded in Plat Book `B", Page 49, of the Public Records of Dade County, Florida; together with Lot 16; in Block 23, Town of Modelo (Now Dania), according to the Plat thereof, as recorded in Plat Book "B", at Page 49, Public Records of Dade County, Florida; 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) 924-6805 x3645 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) 924-6800 x3623, 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, January 11, 2008 See Reverse side of this notice for a location map of the site 0 0 0 sdsn o U (6 C m 6 N co ; > JAN 11 O m p d -o a� N (p O � O OD O M V M a I� M QJ N Q M N M O M M W M M 'T N ' Q p LL LL L.L LL LL LL LL r m LL LL LL iy LL LL LL LL LL LL W V m LL LL LL S W O S O p U S p = X W S S x p S p 2 2 2 p 2 0 x S S Q p O a 0 0 0 Q O Q ~ ¢ ¢ X ¢ O ¢ O ¢ Q Q O ¢ M ¢ Q ¢ Q m S O W O O O. 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FEDERAL-Hbillf_° CITY OF DANIA BEACH Agenda Item # 9 / .1W Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO,2008-022 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FIDEL LABRECQUE FROM BROWARD COUNTY CODE OF ORDINANCES,ARTICLE XIX MOBILE HOME DISTRICTS,SECTION 39-330,"YARDS AND SEPARATION",SECTIONS 39-217(TABLE 1)AND 39-228,"OFF-STREET PARKING AND LOADING',FOR PROPERTY LOCATED AT 2924 WEST MARINA DRIVE,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ,, .{ o . V... Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ - z VA-70-07: After-the-fact variance to allow: 1. A mobile home addition with 0 foot setback; code requires 4 feet. 2. To provide 1 parking space; code requires 2 parking spaces. 3. To provide a 17 foot long parking space; code requires each parking space to be 9'X 18' is size. Fiscal Imps VCost Summary' * . =; << t�D;Vwmj IN�"rtuax4'� x 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 Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FIDEL LABRECQUE FROM BROWARD COUNTY CODE OF ORDINANCES, ARTICLE XIX MOBILE HOME DISTRICTS, SECTION 39-330, "YARDS AND SEPARATION", SECTIONS 39-217 (TABLE 1) AND 39-228, "OFF-STREET PARKING AND LOADING", FOR PROPERTY LOCATED AT 2924 WEST MARINA DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Code of Ordinances, Article XIX, "Mobile Home Districts", Section 39-330, "Yards and Separation", requires a 2 foot side setback for properties located within the City of Dania Beach; and WHEREAS,the Broward County Code of Ordinances Article XIX Mobile Home Districts, Section 39-217 (Table 1), "Off-Street Parking and Loading", requires each parking space to be 9' x 18' in size, for properties located within the City; and WHEREAS,the Broward County Code of Ordinances Article XIX Mobile Home Districts, Section 39-228, "Off-Street Parking and Loading", requires a minimum of 2 parking spaces, for properties located within the City; and WHEREAS, the property owner, Fidel Labrecque is requesting a variance (VA-70-07) to allow the following: 1. A mobile home addition with 0 foot setback, (Broward County Code of Ordinances Article XIX,"Mobile Home Districts",Section 39-330,"Yards and separation"requires a 2 foot side setback); 2. To provide 1 parking space(Broward County Code of Ordinances Article XII,"Off-street Parking and Loading", Section 39-228 requires a minimum of 2 parking spaces); and 3. To provide a 17 foot long parking space (Broward County Code of Ordinances Article XII, "Off-street Parking and Loading", Section 39-217 (Table 1),requires each parking space to be 9' X 18' in size), for property located at 2924 West Marina Drive, in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on December 19,2007 recommended denial of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-70-07 from requirements listed in the Broward County Code of Ordinances, Article XIX Mobile Home Districts, Section 39-330, "Yards and Separation" and Sections 39-217 and 39-228 "Off-Street Parking and Loading", 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 2008. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2008-022 Location Map: LAKE SNORE DR LAKESHORE DR HARBOR LN RAT V �AVW L Proposed site R WMARINADR ET�� J INLET DR d SW 57TH CT CYPRESS DR A-4 a F F N 3 SW SBTH ST h • 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 r ❑ Plat ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: Q' ❑ Site Plan ❑ Special Exception Petition No.: '-o� ❑ Special Request ❑ Trafficway Waiver Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications; the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: Lot(s): /O Block: A 7 Subdivision: hCl��1'l �s- e5 -rY�ICt.f7✓KL.S Recorded Plat Name: Folio Number(s): 50 3.1-i6-53/01-egal Description: pplicant/ nsultant/Legal Representative (circle one) t T Address of Applicant: a q a4 ( tJ� 11�Cc��roc f Business Telephone: �J A Home: 9.Sy- 1'�V3-2V 2,9 Fax: ifJ �— Name of Property Owner: -�'r �d G h C,:2c c LA 42 a I Address of Property Owner: �! I�Jo g-4 hnG A i. 2r,` 2i Business Telephone: JU ;- Home: c15u c/P3 7cl Fax: (' Explanation of Request: 1 orr 4o ke�� i� j:+� C n Prop. Net Acreage:: I Gross Acreage: Prop. Square Footage: • Existing Use: CaA-0c)A Proposed Use: S 1ar Is property owned individually, by a corporation, or a joint venture? �nc(I t), clu L F it I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. A0pl1can /Ow signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 1, day of/—20-21? Signature:- Date: - e t L r3 e? -x6t Sign Name of NotaryP lic (Print Name) State of( F 1 t) ) �GMYV-VtG oo wcsf 6Qnta pCycOantcL Print Name of Notary Street Address, City, State and Zip Code FL 33004 TAMMIE JAMES qrL1. -9�.y-� �, x.3 b3I Co c y g�1 P. Sea MyCommWME4i NX2o,20D8 Telephone No. & Fax No. •a'r Commission#DD311419 R��'• Bonded By National Notary Assn. • INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: -i ?� 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. • Variance Request of FIDEL LABRECQUE, 2924 West Marian Drive, • in The Estates of Ft. Lauderdale, Dania Beach, FL 33312 ZD27 f I Location: 2824 West Marina Drive I Folio: 5042-32-16-5310 Legal Description: RAVENSWOOD ESTATES & MARINAS 2ND ADD 72-14-LOT 10-BLK 27 Date: October 17,2007 A Variance is requested regarding the partial enclosure of the attached carport which 1 began approximately 4 years ago when I purchased the property. This mobile home was purchased with an existing carport (with shed) over the side driveway and a front porch. This Mobile Home is a small double wide (approximately 24X44). The inside consists of an open living room-dining room-kitchen area, two bedrooms and two baths. I began enclosing a portion of the carport shortly after moving in, to produce needed storage space and to strengthen and protect both the rear of the house and the carport. Please refer to the diagram provided in this packet and the pictures supplied previously to the City. The back of the home is exposed on • the south side with more vacant land between my home and the house to the rear, (which is located on another street), than is usual for most lots in this Park. Rather than reinforce the existing Shed under the carport I chose to fully enclose the rear portion which increased the available useable space and with a locked door at the back of the enclosure provided additional safety to my area. It should be noted that it had not been unusual for Homeowners in the past to enclose portions of their carport(which often were close to property lines) with custom built sheds, sunrooms and screen rooms. These can be seen throughout the Park. The Mobile Home lots in this development were laid out in the late 60's and very early 70's. They are small (the average lot size is 40x80) and all have easements either at the front or back and there were no plans for sidewalks. Apparently set backs for the sides of these mobile lots either did not exist, were minimal or were ignored by the County and the developer. At the time we were part of Unincorporated Broward County until voting for and being annexed into the City of Dania Beach in 2001. The driveway was designed and constructed on the lot almost to the side lot line. Thus, when the Carport was added over the driveway, it was almost to the side lot line as well. All this existed before I purchased the home and • began to enclose a portion of the carport. • To comply with the set back requirement at this time would be a hardship and most difficult, create a structural and visual problem, produce additional exposure of the area to the elements and compromise my sense of safety. While it does not excuse me, in the "old" days, much of the work in remodeling and adding to our Mobile Homes was done without County permits or knowledge of the setbacks. Many of us, myself included, purchased our mobile homes from previous owners without new surveys and without being aware of whether or not changes had been permitted or the structures were in compliance with current or previous building or zoning codes. A casual look around our Park of over 700 homes will reveal that many homeowners have carports over their driveways and both may be close to plot lines. More recently (mostly due to Hurricane Wilma damage), some homeowners have brought in new wider mobile homes which of course have added to their living and storage space. Financially a new home would be much too expensive for me and structurally I know that my mobile home with the remodeled carport is structurally sound. I would like to be able to keep the renovated enclosed portion of my carport to use as additional useable storage space and add to my feeling of safety. I respectfully request your granting of the variance. • Swom to and subscribed before me This c?a- day of10 2007 caner SWffiture k1 ,�2./3 4��7/ )al�� Owner Name Printed Notary Public Sig ature State of FL o 2 L d et /o a - o ;2 �OkYKrM.r� �Qr'h2-S Date Notary Name Printed Commission Expires: Seal' TAMMIE JAMES ,Notary Public-State of Florida 0 _ ;MyCormimonEgxesApr20.200S Commission#DD311419 °f,�;••' Bonded BVNafionaiNotaryAssn. • CITY OF DANIA BEACH • COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN ANQ E U, YVI7�1 TtANY> Route Date 10/22/2007 L7H g VA-70-07 Project Fidel Labrecque DEC 0 5 1001 Fo 0 50�2-32-16-5310 Carport Variance Riannin PLEASE REVIEW THE ABOVE REFERENCED PROJ B INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF R LANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house ❑� Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions to PZ/Commission hearing • List Conditions Signature Date Print Name —— ——_——— CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Lajoie, AICP, Principal Planner � -- APPLICANT: Fidel Labrecque. REQUEST: VA-70-07: After-the-fact variance to allow: 1 . A mobile home addition with 0 foot setback; code requires 4 feet. 2. To provide 1 parking space; code requires 2 parking spaces. 3. To provide a 17 foot long parking space; code requires each parking space to be 9' X 18' is size. LOCATION: 2924 West Marina Drive. The applicant was cited by Code Compliance for enclosing the carport without a valid building permit and inspections. The applicant is requesting permission to allow a mobile home addition to remain zero feet from the west side property line; code requires a 4 foot setback. The Building Official has indicated that a 5 foot separation between mobile homes is required, 3' if no doors or window are present. Currently there is 4 feet between the applicant's mobile home and the neighbor's mobile home to the west. Secondly, allowing the building addition will result in providing only one parking space on site. PLANNING AND ZONING BOARD RECOMMENDATION On December 19, 2007 the Planning and Zoning Board recommended denial of the after-the-fact variance. STAFF RECOMMENDATION Variance #1 and #3 at the discretion of the City Commission. Staff cannot support variance #2 to allow only 1 parking space. f C�C�CL ( awiz • O FLORIDA June 11, 2007 FIDEL LABRECQUE Case Number: 07-00001455 2924 WEST MARINA DR DANIA BEACH, FL 33312 Location: 2924 W MARINA DR Folio: 5042-32-16-5310- Legal Description: RAVENSWOOD ESTATES & MARINAS 2ND ADD 72-14 B LOT 10 BLK 27 Dear FIDEL LABRECQUE: You are hereby notified that you are presently in violation of Dania Beach Code of Ordinances . We have attached the ordinance section(s) and corrective actions for your reference. You are required to correct the violation-(s) and call for a re- inspection by July 11, 2007. Failure to comply will result in proceedings against you by the Code Enforcement Special Magistrate, as provided by law. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the Code Inspector, the case may be presented to the Code Enforcement Special Magistrate for imposition of a fine and lien against the property even if the violation has been corrected prior to the hearing. If you require further information or have any questions about the attached viclation (s) , please do not hesitate to contact me at 954 924-3648 . Sincerel , GAR P NEL _. CODE INSPECTOR I certify that an original hereof was furnished to the above named addressee by: Certified Mail # 7007 0710 0002 4342 5372 by SM • Also sent regular mail "Broward's First City" 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 Phone: (954) 924-3600 ww ..daniabeachffgov DETAILED INSPECTION REPORT • DATE: CASE M FOLIO M ow o ys ADDRESS: ej 9,;2y /y- v�- OWNER: La6�rc ,c,er Fd� • i CASE NUMBER 07-00001455 PROPERTY ADDRESS 2924 W MARINA DR - -- - - - - - - -------- --- -- - - - - -- - - - -- - - - - - ----- ---- - --- -- - - -- - - -- - VIOLATION: CE028004020101 QUANTITY: 1 DESCRIPTION: DBCC 28-4 . 20 (a) Appl of Regs DATE : 6/11/07 LOCATION: ORDINANCE DESCRIPTION D3CC 28-4 .20 (a) states no building shall be erected, added on to, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the regulations established by this chapter for the district in which the building or land is located. CORRECTIVE ACTION REQUIRED : Insure the building or land is in compliance with all requirements of Chapter 28, and that any required permits and/or approvals are obtained for the subject property prior to occupancy and/or use. Contact the inspector listed for further explanations and/or instructions . --- ---- - - -------------- ----- - ------------------------- -- - - - --- VIOLATION: CE105001000001 QUANTITY: 1 DESCRIPTION: FBC 105 . 1 Permits Required DATE: 6/11/07 LOCATION: ORDINANCE DESCRIPTION FBC 105 . 1 requires any owner or authorized agent who intends to construct , enlarge, alter, repair, move, • demolish, or change the occupancy of a building or structure, or to erect , install, enlarge, alter, repair, remove, convert or replace any electrical , gas, mechanical or plumbing system, the installation of which is regulated by the Florida Building Code (2004) , or to cause any such work to be done, must first make application to the building official (or building department) and obtain the required permit (s) . CORRECTIVE ACTION REQUIRED Obtain any and all permits and approvals required for any and all construction/building activities on the subject property. Contact the inspector listed for further explanations and/or instructions . • __ VA-70-07 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, January 22, 2008 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-70-07 — Request by Fidel Labrecque for property located at 2924 West Marina Drive (Mobile Home) for the following: 1. A mobile home addition with 0 foot setback, (Broward County Code of Ordinances Article XLY Mobile Home Districts Section 39-330 Yards and separation requires a 2 foot side setback.) 2. To provide 1 parking space. (Broward County Code of Ordinances Article XII Off-street Parking and Loading Section 39-228 requires a minimum of 2 parking spaces.) 3. To provide a 17 foot long parking space (Broward County Code of Ordinances Article Off- street Parking and Loading Section 39-217 (Table 1), requires each parking space to be 9' X 18' in size.) Legally described as: Ravenswood Estates &Marinas 2nd Addition Lot 10 Block 27. 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) 924-6805 x3645 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) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. 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N USE ON DINER.STONE,BY RESOLUTION A U PLOUGHS,P A,REPRESENTING HOLLYWOOD D INVESTMENTS GROUP,2 LLC.FOR LA NCE REQUEST S6 GRA ED B RESOLUTION 2N 203 5;SPECIAL EXCEPTION USE KNOWN AS GRANTED BY RESOLUTIONR PROP6:VACATION ALLY LO GRANTED H RESOLUTION OF DANIA AND SITE PLAN REQUEST EEN US GRANTED BYRESOLUTIONIA BEACH: FOR THE PROJECT KNOWNSS PIRATES INWCASA BENT,FOR PROPERTY GENERALLY LOGSTEO ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETNEEN US1AND NE 1ST COURT,DANIA BEACd:PROVIDING FOR CONFLICTS:FURTHER,PROVIDING FOR AN EFFECTIVE OSTE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ PIRATES INN/CASA BENI:SE-03-06NA-03-06NC-03-06/SP-03-06:David Mankuta,representing Hollywood Investments Group,LLC,is requesting a nine month extension on all approvals indicated below. Special Exception request to allocate 305 Local Activity Center(LAC)dwelling units. Variances to: a) Allow 140 foot building height (Maximum 40 feet allowed at time). b) Allow tandem and stacked parking spaces(Tandem and stacked spaces prohibited). C) Reduce on-site pervious area to 1% (15%to 30%required at time). d) Reduce required parking by 26.3%. Vacate and close: a) Portion of NW 1st 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 dwelling units, 10,000 sq.ft.of retail,and 10,000 sq.ft.of restaurant. Sri x" IY NAn,'. a t."3'f U:u h n::n'r t 9' trrai n (s i f 4 ufcc S# a y ( '�°,'-s �; } F M1"i' 4 3ku�t� ,ak .L1# ,� ri v uVITM_ .. a .,... ?so" x 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 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A THIRD EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007 BY RESOLUTION 2007-117, AND A SECOND EXTENSION WAS APPROVED ON SEPTEMBER 11, 2007 BY RESOLUTION 2007-154, WHICH EXPIRED ON DECEMBER 25, 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, FOR 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 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'/2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE Is` 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 original approvals was granted until September 26, 2007; and WHEREAS, on September 11, 2007, pursuant to Resolution No. 2007-154, a second extension of the original approvals was granted until December 25, 2007; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner, is requesting a third extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until April 22, 2008; 2 RESOLUTION #2008-019 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 variances, special exception use, vacation and site plan are approved until April 22, 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. Applicant shall appear before the Dania Beach CRA Board before April 22, 2008 to present its conceptual building plans for Board review. 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 12008. ATTEST: BOB ANTON LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2008-019 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C� Corinne Lajoie, AICP, Principal Planner OA4:9�_ SUBJECT: 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 a nine month extension on all approvals indicated below. Special Exception request to allocate 305 Local Activity Center (LAC) dwelling units. Variances to: a) Allow 140 foot building height (Maximum 40 feet allowed at time). b) Allow tandem and stacked parking spaces (Tandem and stacked spaces prohibited). c) Reduce on-site pervious area to 1% (15% to 30% required at time). d) Reduce required parking by 26.3%. Vacate and close: a) Portion of NW 15C 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 dwelling units, 10,000 sq. ft. of retail, and 10,000 sq. ft. of restaurant. On June 27, 2006, the original project approval was granted by the City Commission subject to conditions. On June 26, 2007 and again on September 11, 2007 the City Commission granted approval extensions. The applicant's attorney is requesting a third extension for nine months, until October 22, 2008. The approved site plan was neither complete nor clear with regards 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 City 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. The C-2 zoning is primarily intended for retail and office uses (residential is regulated as a special exception) up to 40 feet in height. The property was rezoned to Transit Oriented Development (TOD) earlier this year. The TOD zoning 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 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. Extension Request: The applicant is requesting a nine month extension in which to obtain a building permit. In order to obtain a building permit, the applicant must: 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. If the plan is modified, the modified plan shall be resubmitted to the City Commission for re-review. STAFF RECOMMENDATION At the City Commission's discretion. If the City Commission chooses to extend the approval for nine months, applicant is advised to submit complete, revised site plans as soon as possible to allow sufficient time for both site plan and building permit review. ATKINSON. DINER, STONE, MANKUTA & PLOUCHA, P.A. ATTORNEYS AT LAW ONE FINANCIAL PLAZA 100 SOUTHEAST eo AVENUE SUITE 1400 FT. LAuDERDALE, FL 33394-0030 VIA'VINA TKINSON-DINER.COM DAVID B. MANKUTA BROwARD. (954)925-5501 dbm@atkinson-diner.com MiAMi-DADS (305)944-1882 BOARD CERTIFIED IN CONSTRUCTION LAW FAx (954)920-2711 January 11, 2008 Via Facsimile & U.S. Mail 954-922-2687 Ms. Corinne Lajoie 799 Planning Director JAN 1 4 2008 City of Dania Beach 100 West Dania Beach Blvd. � iil �n Dania Beach, FL 33004 Department Re: Hollywood Investments Group, I, LLC. Our File No.: 7591-07264 Dear Corinne: The purpose of this letter is to request an extension of time be placed on the January 22, 2008 agenda. Should you have any questions or require any additional information, please feel free to contact me. aruly yours MA KUTA DBM/jpa cc: Hollywood Investments Group I, LLC. 378113_1 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 #2007-021, 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 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 noted he had been contacted by Mr. Fellini. 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; VACAI"[ON 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 I AND NE IIT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-154. Laurence Leeds, AICP, Community Development Director, provided the history of the property. He noted th at a plan was submitted last Thursday that appears to address 9-10 of the 27 conditions required for approval. Based on a preliminary review, it appears that they meet the parking requirements. He noted the plan is a significant improvement from the preliminary plan which was submitted and approved. Mayor Anton opened the Public Hearing. David Mankuta, of Atkinson, Diner, P.A., Attorney for the applicant, reminded the Commission that the first year was held up by the court issue. Iie noted they have a new architect working on the project who has diligently addressed the most significant conditions. Attorney Mankuta also indicated that no tandem or hydraulic parking will be required. He provided the Commission with a rendering of the new proposed building which they thought would contain all the ingredients for a good project. Attorney Mankuta requested a one year extension to redesign the project due to today's market conditions. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,September 11,2007-7 00 p.m. i Commissioner Castro questioned why we would approve the extension if the project is different from what was previously approved. She also questioned the traffic flow through the building. Director Leeds noted that he prefers the traffic flow on the new rendering. Commissioner Castro asked what incentive would be given to the City. Attorney Mankuta noted this is the same project, it simply eliminated the requirement of valet parking. This is a modification of the plan that is more workable. Secondly, they have been the owner of the property and they have no intention to flip the property. He indicated that the first year was held up by the court appeal, but they have been working diligently during the past 90 days. Ile noted his client has invested over $100,000 in this project, and the additional investment to continue and complete the design process is clear evidence of his good faith. Commissioner Bertino noted that he spoke with Mr. Atkinson at the beginning of the project. He commented on the small size of the proposed new apartments. Commissioner Bertino would prefer to see a completely new project. Attorney Mankuta noted the 500 square foot one-bedroom units are considered affordable housing. Director Leeds clarified for Vice-Mayor ,Tones that granting an extension would not have arty fiscal impact on the City. He further noted that this is not a land use or zoning change request, it is a site plan request, therefore the County is not involved and no conditions are attached regarding affordable housing. Vice-Mayor Jones requested a quarterly update on the project. Commissioner Flury noted she is not concerned with the extension, but with the project. She did not like the idea of having such small units in a condominium apartment complex. Commissioner Flury would like to have a Workshop to discuss the project in more detail. Director Leeds indicated that there arc two issues that need to be resolved: the size of the units and the street going through the building. Mayor Anton thought the size of the units was too small. He questioned if this building would fit within the TOD zoning. Director Leeds advised that the density is excessive under the current TOD zoning which allows 225 units while this request is for 305 units. He noted the other issue is that they would still be short on parking and would not be able to build the building under the existing zoning. Mayor Anton indicated that he does not have a problem with the roadway going through the building provided all safety issues are met. Mayor Anton would be willing to approve a 3-month extension, not one year. Minutes of Regular Meeting 7 Dania Beach Ciry Commission Tuesday,September 11,2007—7:00 p.m. I Attorney Mankuta noted they appreciate the Commissioners comments and they are making an effort to address the conditions required by the City. They have spent a significant amount of money and want to continue with the project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury motioned to adopt Resolution 42007-154, for a 3-month extension, provided they appear before the CRA Board before the end of the 3-month period; 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 42007-155 A RESOLUTION OF 'fHE 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 AR"I ILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE I3 "'I ERRACE. DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-155. Laurence Leeds, AICP, Community Development Director, provided a description of the property. He noted that staff recommends three parking spaces; two are provided by the applicant. The driveway apron would need to be expanded to accommodate the three parking spaces. I'he Planning and Zoning Board recommended approval with conditions. He noted that the applicant contacted him after the plans had been submitted and indicated that she wished to flip the direction of the house. Ms. Fraser, Broward County Housing Construction, Supervisor of the program that Ms. Nanton applied for, noted they have not approved the cost of flipping the house. Janette Nanton, homeowner, noted that she requested changing the direction of the house because there is no egress into the backyard. She understands that Broward County does not want to incur any additional costs, and she is willing to pay for the additional cost. Ms. Nanton indicated it would not be a problem for her to continue this request for another two weeks, but Broward County may see it as an issue. Ms. Fraser confirmed delaying the request for two weeks would not be a problem. Mayor Anton opened the Public I learing. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,September IL 2007 7:00 p.m. 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 lsT 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 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'/z) 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. Mankuta, 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 December 25, 2007; 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 December 25, 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 accommodated on the site. Applicant shall appear before the Dania Beach CRA Board before December 25, 2007 to present its conceptual building plans for Board review. 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 September 11, 2007. ATTEST: - ll �/ Alt4-� �r> BOB ANTOD LOUISE STILSON, CMC MAYOR-OOMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: � f THO AS . A BRO CITY ATTORNEY 3 RESOLUTION#2007-154 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, I, 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 In COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-117. Laurence Leeds, AICP, Director of Community Development, noted the original requests were approved on June 27, 2006 and contained 27 conditions. He noted that the conditions will need to be met and a new site plan submitted for approval, Director Leeds indicated the previously approved site plan does not comply with current TOD zoning. The applicant will also need to pay Park Impact fees as well as County Impact fees. Mayor Anton opened the Public Hearing. Wilson Atkinson, attorney representing the applicant, noted several people in the City did not agree with the City Commission's decision and filed an appeal in Court. Mr. Atkinson advised that his client won in court and is now willing to move forward with this project. He pointed out that his client thought this was a viable project, and requested approval for the extension requests. Patty Hart, 517 NE 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 24`" City Commission meeting when a full Commission is present. Attorney Atkinson emphasized the fact that the permits will expire in two days. Commissioner Castro noted that somebody from the dais invited the lawsuit. She recommended granting a 90-day extension to allow the applicant to come back and show the Commission that something has been done. Commissioner Bertino withdrew his motion. Commissioner Castro motioned to approve Resolution #2007-117 with a 90-day extension of the previous approvals, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 10. Commission Comments 10.1 Commissioner Bertino Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. 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/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. 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 V 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 i 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 B ANT kN LOUISE STILSON, CIVIC MAYOR-CO ISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 1 BY: TH A J.,A S' RO CITY ATTO Y 3 RESOLUTION#2007.117 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. 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 1ST 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 42 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 #4 on Resolution #2006405, 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 Commission 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-Mavor 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 #5 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 1 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,LLC, Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,June 27,2006-7:00 p.m. FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IIT 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 modern-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 41h 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'h of July. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. 10.3 Commissioner McElyea Commissioner McElyea commented there was a lady who complained about trash on NW 91h Street and 14th 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 Palo 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. 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 I sr 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 residential 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 V °Variance to waive pervious area requirement (Code requires IS/o - 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 generally located on the north side of Dania Beach Boulevard between US I and NE 1st 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 45, 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 val et 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 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 A 1.00 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 a prohibition on pre-sale rentals. 3 RESOLUTION#2006-105 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. 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 MAYOR-COMMISSIONER AT EST: e _ oL_flyj LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 4 RESOLUTION#20,06-105 BY: THOMAS J. ANSB CITY ATTORNEY 5 RESOLUTION#200-105 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 1ST COURT,DANIA BEACH; -� PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that mixed-use residential/commercial 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 I 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 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 trees/landscaping/fumiture. RESOLUTION#2006-106 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 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 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, 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: / , THOMAS . ANS 0 CITY AT ORNEY RESOLUTION#2006-106 RESOLUTION NO. 2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING i, 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 ]sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I 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. 1 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/li ability. 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 A 1.00 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. 2 RESOLUTION#2006-107 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#2006-107 It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on June 27, 2006. A? PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AATOF RM CORRECTNESS BY TH. MAS 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 (1 %2) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE lsr COURT DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY , OF 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 I"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 %:) half foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"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 s`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(I %2)foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"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: 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 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 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 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. 3 RESOLUTION#2006-112 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 buildingpermit 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 MAYOR-COMMISSIONER ATTEST: '�A n"" 'J'0'J LOUISE STILSON, CMC CITY CLERK APPROVED AS TO CORRECTNESS IBY: 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, ESKILSON 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 0001 V 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 I1' 44' IS" 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 1ST 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#2006-1 12 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 1.50 FEET OF LOT 16,BLOCK 12,"TOWN OF MODELO",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK`B", PAGE 48 OF THE PUBLIC RECORDS OF MLAMI/DADE COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (Survey Attached Exhibit A-3) 6 RESOLUTION#2006-112 CITY OF DANIA BEACH Agenda Item # 9 // Agenda Request Database Date of Commission Meeting: 1-22-2008 Public Hearing 0 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE"AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING,BROWARD COUNTY,FLORIDA";PROVIDING FOR AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO THIS AGREEMENT,PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Interlocal Agreement between the Broward County, the Broward County School Board and the City of Dania Beach. �, �..' ,is•. s�. E :::' .r. �r��z.. Cep,,, )E. E "". 6-. � Resolution Public School Concurrency Review Proscess Flowchart Amended Interlocal Agreement 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 Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING, BROWARD COUNTY, FLORIDA;" PROVIDING FOR AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO THIS AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach (the "City"), Broward County, and the Broward County School Board recognize their mutual obligation and responsibility for the education, nurturing, and general well-being of the children within the City; and WHEREAS, Section 163.3177(6)(h)2, Florida Statutes, requires each county, all the non-exempt municipalities within that county, and the district school board to establish, by interlocal or other formal agreement executed by all affected entities, joint processes for comprehensive land use and school facilities planning programs; and WHEREAS, in 2003, the City entered into the "Interlocal Agreement for Public School Facility Planning, Broward County, Florida" establishing joint processes for comprehensive land use and school facilities planning programs; and WHEREAS, in 2005, the Florida Legislature adopted Senate Bill 360, which, in relevant part, required all non-exempt local governments and school boards to enter into a revised interlocal or other formal agreement to establish public school concurrency; and WHEREAS, in order to meet this new state mandate, the City Commission approves the "Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida," (the "Interlocal Agreement') in substantially the form attached as Exhibit "A," and authorizes the City Manager to enter into this Interlocal Agreement for the City; and WHEREAS, public notice was provided in accordance with law; and WHEREAS, the City Commission finds that adoption of this Interlocal .Agreement is in the best interest and welfare of the residents and citizens of the City. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That each of the above stated recitals is adopted and confirmed. Section 2. That the City Commission approves the "Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida," in substantially the form attached as Exhibit "A." Section 3. That the City Manager is authorized to take all action necessary to enter into the "Amended Interlocal Agreement for Public School Facility Planning, Broward County, Florida," in substantially the form attached as Exhibit"A," for the City. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED on 12008. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-005 AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY, FLORIDA December 7, 2007 Table of Contents for the Amended Interlocal Agreement ARTICLEI..................................................................................................................................................6 RECITALS 6 Section 1 6 ARTICLEII.................................................................................................................................................7 JOINT MEETINGS 7 Section 2 7 ARTICLEIII...............................................................................................................................................7 STUDENT ENROLLMENT AND POPULATION PROJECTIONS 8 Section 3 8 ARTICLEIV...............................................................................................................................................8 COORDINATING AND SHARING OF INFORMATION 8 Section 4 8 ARTICLEV...............................................................................................................................................10 SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS, 10 AND POTENTIAL SCHOOL CLOSURES 10 Section 5 10 ARTICLEVI.............................................................................................................................................11 SUPPORTING INFRASTRUCTURE 12 Section 6 12 ARTICLEVII............................................................................................................................................12 PLAN REVIEW;CONSISTENCY DETERMINATION 12 ARTICLEVIII..........................................................................................................................................15 PUBLIC SCHOOL CONCURRENCY 15 Section 8 15 8.1 Required Elements of Public School Concurrency............................................................15 8.2 Specific Responsibilities........................................................................... ........................17 8.3 Adopted School Board District Educational Facilities Plan (DEFP) ...............................18 8.4 Transmittal .......................................................................................................................19 8.5 Comprehensive Plans-Development, Adoption and Amendment of the Capital ImprovementsElement ...... .......................... ...................................................................19 8.6 Public School Concurrency Standard........... ...................................................................20 8.7 Commencement............................................................................................................. ...20 8.8 Concurrency Service Areas (CSA) ...................................................................................20 - 1 - Words strieken are deletions, and words widerlined are additions. 8.9 Adoption of Concurreney Service Areas...........................................................................21 8.19 Level of Service Standard (LOS).......................................................................................21 8.11 Exemptions and Vested Development...............................................................................22 8.12 Public School Concurreney Management System............................................................24 8.13 Review Process............................................... ................................... .._................ .........24 8.14 Proportionate Share Mitigation..................... ..................................................................29 8.15 Proportionate Share Mitigation Options....... ........................................ .........................29 8.16 Formula for the Calculation of Proportionate Share Mitigation Options ........................33 8.17 Appeal Process .... .................. ....... ...............,..................................................................35 ARTICLE"� IX.....................................................................................................................................36 COLLOCATION AND SHARED USE 36 Section 9 36 ARTICLEIX X..........................................................................................................................................37 RESOLUTION OF DISPUTES 37 Section 10 37 ARTICLEXI..............................................................................................................................................37 OVERSIGHT PROCESS 37 Section 11 37 ARTICLEXII...........................................................................................................................................38 SPECIAL PROVISIONS 38 Section 12 38 12.1 Land Use Authority...................................................................................I......................38 ARTICLEX4 XIII....................................................................................................................................38 EFFECTIVE DATE AND TERM 38 Section 13 38 ARTICLEXH XIV....................................................................................................................................39 AMENDMENT PROCEDURES 39 Section 14 39 14.1 Process to Amend the Interlocal Agreement.............................._.....................................39 ARTICLEX-H XV.....................................................................................................................................40 MISCELLANEOUS 40 Section4,215.........................................................................................................................................40 4215.1 Entire Agreement..............................................................................................................40 1-215.2 Severability.......................................................................................................................40 1415.3 Notices...................................................................................................... ........................41 -1215.4 Governing Law................................................................................................_.........._....41 1215.5 Headings ...........................................................................................................................41 4215.6 Counterparts.................................................................................................................._.41 - 2 - Words striEken are deletions, and words underlined are additions. 9-215.7 Snpl7lemerrtarI/Agrecmcnts..............................................................................................41 4?15.S Authority...........................................................................................................................41 4�215.9 hidemni6cation............................................................................................................._..42 4-2215.10No Wainer of Sovereign Immunity.................................................................................... ...42 4?15.11 No Third Party Bmcficiaries ........................ ....................................... ...........................42 4215.12 Non-Discrimination..........................................................................................................42 4-215.13 Records............._ ............ SIGNATUREPAGES.............................................................................................................................43 APPENDIX A-DEFINITIONS..............................................................................................................79 APPENDIX B- CALENDAR OF IMPORTANT DATES..................................................................85 APPENDIX C- PUBLIC SCHOOL CONCURRENCY REVIEW PROCESS FLOWCHART.....86 APPENDIX D—ACRONYM LIST.......................................................................................................87 - 3 - Words stricken are deletions, and words underlined are additions. AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY, FLORIDA This amended agreement (hereinafter referred to as "Amended Agreement") is entered into between The School Board of Broward County, Florida (hereinafter referred to as "School Board"), Broward County, a political subdivision of the State of Florida (hereinafter referred to as "County"); the City Commission or Town Council of the Cities or Towns of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston, West Park and Wilton Manors (hereinafter referred to collectively as "Municipalities"). RECITALS WHEREAS, the School Board, the County and Municipalities recognize their mutual interest for the education, nurture and general well-being of the children within their community; and WHEREAS, the School Board, the County and the Municipalities recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with the approval-permit mg--of residential units in land development, (2) greater efficiency for the School Board and local governments by siting schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating as feasible the construction of new and expanded schools with the road and sidewalk construction programs of the local governments and requiring new or redevelopment projects containing residential developments to construct sidewalks linking the development to school(s) located within a reasonable distance from the development, (4) as feasible, locating and designing schools to serve as community focal points, (5) encouraging developers of new or redevelopment projects containing residential units to build pedestrian friendly developments that will link their projects to schools located within a reasonable distance from the development, and (6) to enable greater efficiency and convenience by collocating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities; and WHEREAS the County and Municipalities have jurisdiction for land use and growth management decisions including the authority to approve or deny comprehensive plan - 4 - Words s4ieken are deletions, and words underlined are additions. amendments rezonings or other development orders that generate students and impact the public school system; and WHEREAS the School Board has the constitutional and statutory responsibility to provide a uniform system of free public schools on a countywide basis; and WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public educational facilities be reviewed for consistency with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS pursuant to Sections 163 31777 163 3180(13) and 1013.33 Florida Statutes, the School Board County and Municipalities are required to update their current Public School Interlocal Agreement; and WHEREAS Section 163 3180(13) Florida Statutes requires the School Board County and Municipalities to adopt a public school concurrence program; and WHEREAS the School Board County, and Municipalities have further determined that it is necessary and appropriate for the entities to cooperate with each other to coordinate the approval of residential development with the provision of adequate public school facilities in a timely manner and at appropriate locations to eliminate any identified deficit of permanent student stations and to provide capacity for projected new growth; and WHEREAS Section 1013 33 Florida Statutes requires that the location of public educational facilities must be consistent with the comprehensive plan and land development regulations of the appropriate local governing body; and WHEREAS Section 163 3180(13)(g) Florida Statutes requires that prior to establishing a Public School Concurrency program the School Board County, and Municipalities adopt an Interlocal Agreement for public school concurrency to satisfy Sections 163.31777 and 163.3180 (13)(g), Florida Statutes; and - 5 - Words stfieken are deletions, and words underlined are additions. WHEREAS, the County and Municipalities, also referred to collectively as the "Local Governments," are entering into this Amended Agreement in reliance on the School Board's obligation to prepare adopt and implement a financially feasible capital facilities program that will result in public schools operating at the adopted level of service standard consistent with the timing specified in the School Board's Adopted Five-Year District Educational Facilities Plan (hereinafter referred to as the "District's Five Year Plan"); and WHEREAS, the School Board has further committed to update and adolt the District's Five Year Plan yearly to add enough capacity in the new fifth year to address projected growth and to adjust the District's Five Year Plan in order to maintain the adopted level of service standard and to demonstrate that the utilization of school capacity is maximized to the greatest extent possible pursuant to Sections 163.3180 (13)(d)2 and 1013.35, Florida Statutes; and WHEREAS the School Board County, and Municipalities have mutually agreed that coordination of school facility_planning and comprehensive land use lanning is in the best interests of the citizens and students of Broward County, Florida; and WHEREAS, the Broward County Charter grants county-wide authority regarding land use plan amendments, plats and certain growth management issues to the Broward County Commission and the Commission has authority over other growth management issues in the unincorporated areas of the county;and WHEREAS, the Municipalities have certain authority regarding local land use plan amendments, rezoning and other growth management issues within their jurisdictional boundaries; and WHEREAS, the School Board has the responsibility to provide school facilities to insure a free and adequate public education to the residents of Broward County; and WHEREAS, the School Board, the County, and the Municipalities enter into this Amended Agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above. NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency is hereby acknowledged, the parties mutually agree that the following procedures will be followed in coordinating land use and public school facilities planning: ARTICLE I RECITALS Section 1 1.1 The above recitals are true and correct and are hereby incorporated as a part of this Amended Agreement. - 6 - Words stricken are deletions, and words underlined are additions. ARTICLE II JOINT MEETINGS Section 2 2.1 A staff working group comprised of staff representatives from the School Board, the County and the Municipalities (hereinafter referred to as "Staff Working Group") will at least annually meet to discuss issues and formulate recommendations regarding coordination of land use and school facilities planning and to comply with public school concurrency requirements, including such issues as population and student projections, development trends, school needs, co-location and joint use opportunities, ancillary infrastructure improvements needed to support the schools and safe student access. The County and Municipalities will each appoint one representative and an alternate to the Staff Working Group. The School Board of Broward County Superintendent of Schools, or his designee (hereinafter referred to as "Superintendent") will appoint appropriate staff and an alternate to attend and participate in the Staff Working Group meetings. The School Board County and Municipalities will each have one vote on the Staff Working Group. The School Board staff shall coordinate and be responsible for scheduling such meeting(s), taking and maintaining the meeting minutes, and providing notification with at least 30 days advance written notice to the appropriate members. The County and Municipalities will assist the School Board as needed in addressing the needs and carrying out the functions of the Staff Working Group. Representative(s) from the Broward County Planning Council, the South Florida Regional Planning Council, and other applicable agencies will also be notified and invited to attend and participate in the Staff Working Group meetings and functions but shall not be considered members of the Group, and as such, shall have no vote. The joint workshop sessions will also be opportunities for the County, the Municipalities and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding school facilities planning, and--off site improvements and public school concurrency issues. A written suFF&Hery report regarding implementation of the Amended Agreement will be prepared issued by the Staff Working Group and .provided to the Oversight Committee referenced in Article XI of this Amended Agreement. Such report shall be the basis for the annual report issued by the Oversight Committee as required by Article XI of this Amended Agreement. The initial ^'anti^^ of toe Staff W,._t 4tg Gr-o p shall be held with Agreement, upon y notice. 2.2 Monitoring and evaluation of the school concurrency process is required_pursuant to Section 163 3180(13)(g)(6)(c) Florida Statutes The Staff Working Group shall, by December 31s, of each year, be responsible for preparing the annual assessment report on the effectiveness of School Concurrencv The report shall be a part of the report cited in Subsection 2.1 above and will be presented to the Oversight Committee. ARTICLE III - 7 - Words striekeH are deletions, and words underlined are additions. STUDENT ENROLLMENT AND POPULATION PROJECTIONS Section 3 A calendar of important dates regarding the provisions of student enrollment population projections and other necessary shared information is depicted in Appendix "B" attached hereto and made a part hereof. 3.1 In fulfillment of their respective planning duties, the School Board, the County and the Municipalities agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population and student enrollment projections shall be revised annually and provided in the subsequent calendar year at the sStaff wWorking gGroup meeting described in Subsection 2.1. 3.2 The Superintendent shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136 Florida Statutes, where available, as modified by the Superintendent based on development data coordinated with the local governments. The Superintendent may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the Superintendent will coordinate with the County and Municipalities regarding development trends and future population projections. 3.3 The County will continue to provide population projections that will be utilized to verify the geographic distribution of School Board student projections countywide. ARTICLE IV COORDINATING AND SHARING OF INFORMATION Section 4 4.1 Tentative District Educational Facilities Plan: Commencing no later than Tune 30 20073 and annually thereafter, the Superintendent shall submit to the County and to each Municipality the tentative District Educational Facilities Plan (hereinafter referred to as the "Tentative Plan") ulhan. 14 days r prier pr .o the anticipated he 'ate "; .w,. Sehoel BE)aF4. Upon providing the Tentative Plan to local governments and giving proper notice to the public and opportunity for public comment, the School Board may amend the Tentative Plan to revise the priority of projects, to add, or delete projects, to reflect the impact of change orders, or to reflect the approval of new revenue sources which may become available. The Tentative Plan will be consistent with the requirements of Section 1013.35 Florida Statutes, and include, an inventory of existing school facilities, projected five-year student enrollment projections apportioned by school and geographic area, - 8 - Words stfiEkea are deletions, and words underlined are additions. Florida Inventory of School Housing for each school as approved by the Department of Education, the number of portables in use at each school, the number of portables projected to be in use at each school, five-year capital improvements for pertinent schools, planned new schools, general locations of new schools for the five, ten, and hventy-year time periods, the School District unmet needs and options to reduce the need for additional permanent student stations. The Tentative Plan will also include a financially feasible district facilities work program for a five year period. The County and Municipalities shall review the Tentative Plan and send written comments to the Superintendent wigtin 30 days fre no later than Tuly 31, after receipt of the draft Tentative Plan, on the consistency of the Tentative Plan with the local comprehensive plan, and whether a comprehensive plan amendment will be necessary for any proposed educational facility for consideration prior to the final adoption hearing. 4.2 Information regarding schools scheduled for renovations shall be provided in the tTentative District Educational Facilities Plan. 4.3 Educational Plant Survey: At least one year prior to preparation of the Educational Plant Survey which is updated every five (5) years, the Staff Working Group established in Subsection 2.1 will assist the Superintendent in preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the applicable land use plan. 4.4 Growth and Development Trends: Commencing September-, 'nn3August 31, 2007 and P g annually thereafter, the County in conjunction with the Municipalities Nvill-use ei= nr "`ectiye best eff^-ts t^ shall provide the Superintendent with a report on growth and development trends within their jurisdiction. This report may be in tabular and/or graphic, and textual formats and include, but not be limited to the following information, if available: (a) The total number of ongoing and remaining residential development units, plat name and number, subdivision name, type, and number and mix of bedrooms, expiration date of the development order, section township and range, and survey or location map; (b) The total number of certificate of occupancy (CO's) issued to date for each ongoing or remaining residential development units by plat name and number, subdivision name, type, and number and mix of bedrooms section township and range, and survey or location map; (c) The projected phasing of the CO's issued for each ongoing or remaining residential development units for the remaining portion of the year, and by year for the next five years by plat name and number, subdivision name, type, ar+d number and mix of bedrooms section township and range and survey or location map; - 9 - Words s#iEken are deletions, and words underlined are additions. (d) The projected development or potential redevelopment of vacant or other developed land; (e) Residential properties undergoing plat review by plat name and number; (f) Information regarding the conversion or redevelopment of housing or other structures into residential units likely to generate new students; and (g) The identification of any development order(s) issued which contain a requirement for the provision of a school site as a condition of development approval. 4.5 No later than the 1511, of each month, the County will provide by correspondence to the Superintendent, the list of all residential plat(s) granted approval by the Broward County Commission during that preceding month. At a minimum, the information shall contain the plat name, plat number, residential type, and number of units and date of approval. If no plat was approved during the month, the County will send correspondence indicating so. 4.6 No later than the 15th days of each month after the approval of any land use plan amendment(s), the County will provide by correspondence to the Superintendent, the list of land use plan amendment(s) adopted or denied by the Broward County Commission. At a minimum, the information shall contain the amendment number, residential type, and number of residential units if applicable, date adopted, and the effective date of the new land use designation. if no land use ^'ar 4:RP .dFRPRt - '^^ ^'epted •'Frog uh° menth, the County will send eerfespeadence indicating so. ARTICLE V SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS, AND POTENTIAL SCHOOL CLOSURES Section 5 5.1 School Board staff will review potential sites for new schools and proposals for potential closure of existing schools and significant renovations consistent with School Board Policy 5000, to be amended consistent with this Amended Agreement and as may be amended from time to time. The recommendations will be included in the District Educational Facilities Plan. 5.2 When the need for a new school is identified in the District Educational Facilities Plan, the Superintendent's Site Review Committee (hereinafter referred to as the "Site Review Committee") will consider a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District Educational Facilities Plan for significant renovation and potential closure will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan, including, as applicable: environmental suitability, - 10 - Words stricken are deletions, and words underlined are additions. transportation and pedestrian access availability of infrastructure and services, P P � �' safety concerns, land use compatibility and other relevant issues. Based on the information gathered during this review for new schools the Site Review Committee will make a recommendation to the Superintendent of one or more sites in order of preference. For those purposes specified in this Article V, the School Board shall amended School Board Policy 7000 entitled New School Site Selection, to provide for the membership of the Site Review Committee referenced therein, as may be amended from time to time. It shall identify the members and how they shall be appointed. In addition to the current representatives from the South Florida Regional Planning Council and Broward County, the Site Review Committee shall include at least one (1) member who shall be appointed by the Municipalities (additional members may be appointed at the Superintendent's discretion) and at least one (1) "floating member" designated by the city manager or administrator of the affected local governments in which the new school facility may be located. For the purposes of this subsection, a floating member from the affected local governments shall be defined as the local government jurisdiction in which the proposed school facility will be located, or significant renovations or school closures may occur. 5.3 In addition to existing criteria utilized by the Site Review Committee and in conformance to pertinent School Board Policy (as may be amended from time to time) regarding the selection of new school sites and school closures, the Superintendent will coordinate information regarding site plans for proposed new schools with the affected local governments in accordance with Sections 1013.33, 1013.36 and other applicable portions of Chapter Section 1013, Florida Statutes. 5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the Superintendent shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the Superintendent within 45 days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to Section 1013.33(12), Florida Statutes. 5_5 If a local government determines that a proposed school site is consistent with the comprehensive lan pursuant to this Agreement or at any other time when such a determination is made the School Board shall follow the procedures contained in Section 1013 33(12) Florida Statutes as may be amended If a local government's determination that the proposed school site is inconsistent with the comprehensive plan, the School Board may request a plan amendment consistent with the local government's plan amendment procedures and requirements. ARTICLE VI - 11 - Wordsstfielke are deletions, and words underlined are additions. SUPPORTING INFRASTRUCTURE Section 6 6.1 In conjunction with the preliminary consistency determination described M in Subsection 5.4 of this Amended Agreement, the School Board and affected local governments will jointly determine the need for and timing of on-site and off-site improvements to public facilities necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement, or amend a current agreement, if applicable, to be consistent with this Amended Agreement as to the timing, location, and the party or parties responsible for funding, constructing, operating and maintaining the required improvements. ARTICLE VII PLAN REVIEW; CONSISTENCY DETERMINATION JLQr n r rrr n NNINr G NCY nn rnncucnrcr� c nr n ni n r rcninn rr ni rJ REZONINGc AND PE err nix IEIN4 n nnnnn�m e rcccv�-s-ia-�v� _ � Section 7 7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the School Board shall appoint a School District staff member(s) to be its representative on the County and each respective Municipality's local planning agency. Notification of the staff member's name, title and address shall be submitted in a timely manner to the applicable local planning agency. 7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the Comity, or Municipalities will include the representative appointed by the School Board to serve on its local planning agency, or equivalent agency and the representative will have the opportunity to attend those meetings at which the agency considers comprehensive plan amendments and rezonings (including the allocation of flexibility/reserve units) that would, if approved, increase residential density for the property that is the subject of the application. When available, the School Board representative shall attend and participate in local planning agency meetings at which residential density could increase. The County or Municipality ies may at its discretion grant voting status to the School Board representative. 7.3 As a part of its development review process, the County and Municipalities agree to provide a copy of comprehensive plan amendment and rezoning applications includin the allocation of flexibility/reserve units) that could increase residential density to the Superintendent. At a minimum, the information provided shall include the name of the applicant, application/project number, project name, current and proposed use, existine - 12 - Words stricken are deletions, and words underlined are additions. and proposed land use or zoning designation, existing permitted and proposed and type of units, acreage,general survey or location map and section, township and range and the anticipated date the local planning agency may consider this item if such date is determined at the time the information is provided. The County or Municipalities shall provide the deadline for receiving comments from the Superintendent; however, the time provided to the Superintendent for submitting such comments shall be no less than forty-five (45) days from the date the information is provided to the Superintendent. if no deadline is provided together with the information, then the Superintendent shall provide comments no later than thirty (30) forty-five (45) days after receipt of the information. Further, the County or Municipalities will notify in writing to the Superintendent when the application receives final approval from the governing body. 7.4 The School Board shall continue to participate in the Broward County land use plan amendment review process through its Broward County Planning Council appointed member. 7.5 The School Board shall continue to review non-residential development applications participate thr-ough staff feview in the gFeWard Getinty plat, site plan, vaeatien pet and other pertinent development applications review pr-acess that may affect school properties and participate as necessary on other growth management issues. 7.6 The County and the Municipalities agree to notify the Superintendent of proposed land use applications, amendments to the comprehensive plan future land use map, rezonings (including the allocation of flexibility/reserve units), developments of regional impact 1-.,.« ,.i6i Pnti..7 E)r gEed use development r .,prt :tl. �i4en}ial_ ...... en4 n, �.......r .. pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice shall be provided to the Superintendent at the same time as notice is provided to the public for the applications under the provisions of the County Code or City Code of Ordinances. 7.7 The review by the Superintendent or designee regarding land use/comprehensive plan amendments and rezoning (including the allocation of flexibility/reserve units) applications containing residential units shall be classified as "Public Schools Consistency Review (Schools Consistency Review)". The Schools Consistency Review does not constitute public school concurrency review. An applicant for land use/comprehensive plan amendment and/or rezoning applications (including the allocation of flexibility/reserve units)may delineate the residential type, units and bedroom mix of the project if known If the residential type and bedroom mix is not known, the school consistency review shall be based upon the maximum student generation rates for that residential type. 7.8 The written comments provided by the Superintendent to the County and Municipalities regarding such applications and ether- residential , « . axed use pfojeets with a rest den tial esmgenent will at a minimum: - 13 - Words stricken are deletions, and words underlined are additions. d advise the leEal ,.e.,,._.... ent of Specify the student impacts anticipated to result from the development proposal, ii the level of ser-Yiee-4- using capacity formulas as defined by the Department of Education the impaeted scheal(s); (iii) Depict ten year student enrollment projections by planning areas;f iv Depict the planned capacity improvement(s);0u) (v) Identify alternatives available, and•(v-) (vi) Contain a statement that the application will be subject to public school concurrence review at the time of plat or site plan (or functional equivalent) review. School capacity will be reported consistent with Department of Education, Florida Inventory of School Houses. 7.98 If the Schools Consistency Review identifies that sufficient capacity is not available at the impacted school(s) or anticipated in the District Educational Facilities Plan to serve the development, the Seheal Board, lecal govemment, and develeper may ase their best to ydevelepoptiens that aifnprovider , new the applicant may choose to offer and the School Board may consider voluntary mitigation to address the anticipated student impact. Such voluntary mitigation shall be limited primarily to (i) the dedication of needed school site(s),(ii) the Payment of monies to construct and/or the construction of the needed school(s), or iii other potential mitigation option(s) consistent with adopted School Board policy and if accepted by the School Board shall be memorialized in a legally binding agreement. 7.109 In reviewing and approving comprehensive plan amendments and rezonings includin the allocation of flexibility/reserve units) the County and Municipalities may consider the following issues consistent with applicable governmental codes and comprehensive plans in addition to such other criteria as may be applicable or appropriate: (a) School Board comments provided pursuant to Chapters 163 and 1013, Florida Statutes which may include, but not be limited to: (i)L Available permanent school capacity or planned improvements to increase school capacity; (ii)l The provision of school sites and facilities within planned neighborhoods; (-iii)3. Compatibility of land uses adjacent to existing schools and reserved school sites; (iv)4. The collocation of parks, recreation and neighborhood facilities with school sites; kv)5. The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; - 14 - Words stricken are deletions, and words underlined are additions. (vij6. Traffic circulation plans which serve schools and the surrounding neighborhood; (v44)7. The provision of off-site signalization, signage, access improvements, and sidewalks to serve schools; OAi)L The inclusion of school bus stops and turnarounds; and fix49. The installation of appropriate buffers such as, but not limited to, a solid fence or concrete wall, solid hedges or increased setbacks that will ensure compatibility with the adjacent school for any new development that will be located adjacent to an existing school or an identified future school. 7.114-0 In formulating community development plans and programs that may affect public school facilities, the County and Municipalities will provide notice to the Superintendent concerning any workshop or regular meetings which relate to such community development plans and programs and will invite the Superintendent's submission of comments and participation at such meetings. ARTICLE VIII PUBLIC SCHOOL CONCURRENCY Section 8 8_1 Required Elements of Public School Concurrency u Initial Comprehensive Plan Amendments Related to the Public School Facilities Element (PSFE) to Satisfy Sections 163.3177 and 163.3180 Florida Statute Requirements: The amendments to the PSFE and related amendments to the Capital Improvements Element (CIE) and the Intergovernmental Coordination Element(ICE)in the County's and Municipalities comprehensive plans ("school-related element amendments' or school-related element provisions") required to satisfy Sections 163.3177 and 163.3180 Florida Statutes are being adopted into the comprehensive plans of the Comity and Municipalities concurrently with the execution of this Amended Interlocal Agreement by the County and Municipalities. Some provisions relevant to public schools may remain in the Future Land Use Element or other elements as may be appropriate. u Subsequent School-Related Element Amendments: Thereafter, the experience under the revised comprehensive plans and the School Board of Broward County's adopted Five-Year "District Educational Facilities Plan" (DEFP) shall be reviewed by the County and Municipalities each year, at the Staff Working Group (SWG) meeting to be held no later than March 31, to - 15 - Words stfieken are deletions, and words underlined are additions. determine whether updates to the comprehensive plans are required. At the minimum the School Board's adopted Five-Year DEFP shall be updated annually by the addition of a new fifth year. Any other amendments to the comprehensive plans shall be transmitted in time to allow their adoption concurrently with the update to the School Board's adopted Five-Year DEFP, where feasible. u School Board Review of School —Related Element Amendments: Unless proposed by School Board all school- related element amendments shall be provided to the School Board at least sixty (60) days prior to transmittal to adoption if no transmittal is required) The School Board shall review the school-related element amendments and provide comments, if any, to the relevant local government either (i) in writing at least one (1) week prior to the local planning agency (LPA) meeting on the school-related element amendment or ii by attending and providing comments at the LPA meeting. b Countywide Consistency of School-Related Element Amendments: The County and Municipalities school-related element provisions must be consistent with each other and with the School Board's facilities plan and policies Each Municipality may choose to adopt all or a portion of the Countp's school-related element provisions into its comprehensive plan by reference or it may adopt its own school-related element provisions. If a Municipality adopts its own school-related element provisions, any goal, objective policy or other provision relevant to the establishment and maintenance of a uniform district-wide school concurrence system shall be substantially the same as its counter part in the County and Municipalities comprehensive plans If any school-related element amendment is proposed that affects the uniform district-wide school concurrence system, it shall not become effective in accordance with Section 14.1 (f) of this Amended Agreement Once these amendments become effective, then the new requirement shall apply countywide. Each Municipality and the County may adopt the School Board's adopted Five-Year DEFP into its comprehensive plan either by reference or by restatement of the relevant portions of that adopted Five-Year DEFP but in no event shall a Municipality or the County attempt to modify that adopted Five-Year DEFP The County and Municipalities agree to coordinate the timing of approval of school-related element amendments, to the extent that it is feasible to do so. (e) Evaluation and Appraisal Report In addition to the other coordination procedures provided for in this Amended Interlocal Agreement, at the time of the Evaluation and Appraisal Report (EAR), the County nd Municipalities shall schedule at least one (1) SWG meeting with the School Board to address needed updates to the school-related plan provisions. - 16 - Words stFieken are deletions, and words underlined are additions. 8_2 Specific Responsibilities u Broward County and the Municipalities within 90 days of the comprehensive plan amendments in accordance with this Amended Agreement becoming effective shall amend their respective Land Development Codes (LDC) and adopt the required public school concurrence provisions consistent with the requirements of this Amended Agreement. Such amendment shall include the public school concurrency management system outlining the development review process for proposed residenfial developments. (bb) Broward County and the Municipalities in accordance with this Amended Agreement shall: 1. Not approve or issue any residential plat or site plan (or functional equivalent) that is not exempted or vested pursuant to Subsection 8,11 of this Amended Agreement until the School District has reported that the school concurrency requirement has been satisfied. 2. Maintain data for approved residential development that was the subject of public school concurrency review. The data shall be provided to the School District no later than 15 days after final approval of the application by the governing body. At the minimum the data provided shall include the following: a. Development name and project number; b. Survey or location map; c. Number of dwelling units by residential type unit(s) and bedroom mix; d. Section, Township and Range, and; e. Final adoption and expiration date. 3. Transmit residential plats and site plans (or their functional equivalents) and proposed amendments to such plats or site plans to the School District for review and comment, consistent with Subsection 8.13 of this Amended Agreement. 4. Commencing August 31, 2007, and annually thereafter as a part of the growth and development trend as required by Subsection 4.4, provide the total number of the above dwelling units issued certificates of occupancy to the School Board. u The School Board shall do the following: - 17 - Words st-riFkert are deletions, and words underlined are additions. 1. Annually prepare and update its adopted Five-Year DEFP which for the purposes of public school concurrency shall be considered the financially feasible Five-Year Capital Facilities Plan. The Five-Year Capital Facilities Plan shall reflect the capacity needed to meet the adopted level of service standard for each District elementary, middle and high school, during the five year period but no later than the fifth year of the Five-Year Capital Facilities Plan. 2. Establish a process to ensure the maximum utilization of permanent capacity at each District elementary, middle and high school and to ensure that the schools are operating at or below the adopted level of service standard (LOS). 3. Commencing October 1 2007 and annually thereafter by October 1, provide the County and Municipalities with the required School District data related to public school concurrency, and related analysis needed to amend or annually update their comprehensive plans. 4. Review proposed plat and site plan (or functional equivalent) pplications for compliance with public school concurrency requirements. 5. As a component of the District's public school concurrency management system maintain data regarding available capacity at each elementary, middle and high school after factoring the student impact anticipated from the proposed residential development into the database 6. Review proposed proportionate share mitigation options for new residential development and determine acceptability of such proportionate share mitigation options. 7. Prior to the effective date of public school concurrency, amend School Board Policy 1161 entitled Growth Management, to incorporate public school concurrency provisions and delineate the District's public school concurrency management system. 8. As necessary, amend the District Educational Facilities Plan to incorporate funds accepted as proportionate share mitigation. 8.3 Adopted School Board District Educational Facilities Plan (DEFP) U On or before September 30th of each year, the School Board shall update and adopt its Five-Year DEFP for Broward County Public Schools. The adopted DEFP shall - 18 - Words striEkern are deletions, and words underlined are additions. be considered the financially feasible plan regarding the implementation of public school concurrencv. u At the minimum, the adopted Five-Year DEFP and each annual update shall specify all new construction, expansion and remodeling, which will add permanent capacity to elementary, middle and high schools, and also include information specified in Subsection 4.1 of this Amended Agreement. (c) The adopted Five-Year DEFP and each annual update shall include a description of each school proiect, a listing of funds to be spent in each fiscal year for the planning, preparation, land acquisition, and the actual construction and remodeling of each pertinent school project which adds capacity or modernizes existing facilities; the amount of capacity added if any; and a generalized location map for planned new schools. Such location maps shall be considered as data and analvsis in support of the PSFE of the County's and Municipalities' Comprehensive Plans. (d) The adopted Five-Year DEFP and each annual update shall identify the five-year projected student enrollment, permanent capacity and utilization percentage of all elementary, middle and high schools. u The adopted school boundaries for each elementary, middle and high school as annually conducted by the School Board shall also become the adopted concurrency service area (as referenced in Section 8.8), and shall be consistent with permanent capacity additions reflected in the adopted Five-Year DEFP. The school boundaries maps shall be considered as data and analysis in support of the PSFE of the County's and Municipalities' Comprehensive Plans. 8.4 Transmittal u In addition to the provisions pertaining to the Tentative District Educational Facilities Plan as delineated in Article Iy of this Amended Agreement, the School Board upon completion and adoption of the Five-Year DEFP, shall make the District Educational Facilities Plan available to the Local Governments no later than thirty (30) days after adoption of the District Educational Facilities Plan. 8_5 Comprehensive Plans -Development Adoption and Amendment of the Capital Improvements Element u Upon adoption of the Five-Year DEFP and transmittal to Local Governments, the County and Municipalities shall adopt the School Board's Five-Year "Adop_ted District Educational Facilities Plan" or applicable sections of the Adopted DEFP as a part of the Capital Improvements Element(CIE) of their Comprehensive Plans. - 19 - Words str-iAen are deletions, and words underlined are additions. u Any amendment, correction or modification to the adopted Five-Year DEFP concerning costs revenue sources or acceptance of facilities pursuant to dedications or proportionate share mitigation once adopted by the School Board shall be transmitted by the School District to the County and Municipalities within forty-five (45) days after the adoption. Within one hundred eighty (180) days the County and Municipalities shall amend their CIE to reflect the changes Such amendments may be accomplished by ordinance and shall not be considered amendments to the comprehensive plan, pursuant to Section 163.3177 (6)(b)(1) Florida Statutes. (c) By adopting the Five Year DEFP into their CIE the County and Municipalities shall have neither the obligation nor the responsibility for funding the DEFP. 8_6 Public School Concurrency Standard u The public school concurrency standard requires Broward County, the Municipalities and the School Board to maintain the adopted Level of Service (LOS) for Broward County Public Schools. The public school concurrency standard requires that all proposed plat and site plan (or functional equivalent) applications containing residential units shall be reviewed to ensure that adequate school capacity will exist prior to or concurrent with the impact of the proposed residential development, to accommodate the additional student growth at the adopted LOS. 8_7 Commencement (a) Public school concurrency described in this Amended Agreement shall commence upon the Comprehensive Plan Amendments related to the public school Facilities Element by the County and Municipalities becoming effective the adoption of the Land Development Regulations and the execution of this Amended Agreement by the parties identified herein. However, public school concurrency shall commence no earlier than February 1, 2008. 8_8 Concurrency Service Areas (CSA) (a) The School Board, Count, and Municipalities hereby agree that the CSAs for the implementation of public school concurrency in Broward County shall be measured and applied on a less than district-wide basis. The CSA for the implementation of public school concurrency in Broward County shall be the approved school boundaries for elementary, middle and high schools as annually adopted by the School Board. Use of this method will create a separate - 20 - Words stricken are deletions, and words underlined are additions. I con currency service area boundary ma for each elementary, middle and school c� c c� v ;? high school and each such school attendance boundary will become its own CSA. For the purposes of public school concurrence such CSA shall be effective on the first day of the school year, and end on the last day before the beginning of the next school year. 8_9 Adoption of Concurrency Service Areas (a) Adoption of the CSAs shall be as delineated in School Board Policy 5000, entitled Adequate Educational Facilities Designation of Schools and Attendance Areas Elimination and Consolidation of Schools, to be amended consistent with the Amended Agreement, and as may be amended from time to time. No later than forty-five U days after adoption of the CSAs, the School District shall transmit the new CSAs to the County and Municipalities. The County and Municipalities shall incorporate the adopted "Annual School Attendance AreasBoundaries and School Usage Report" and the School Board's process for modification of the CSAs contained in the "Annual School Attendance Areas/Boundaries and School Usage Report" as data and analysis in support of the PSFE of their Comprehensive Plans. 8.10 Level of Service Standard (LOS) (aa) In order to ensure that the capacity of schools is sufficient to support student growth the School Board County and Municipalities hereby declare and establish the LOS as 110% of the permanent FISH capacity for each concurrency service area. The LOS shall be achieved and maintained within the period covered by the five- year schedule of capital improvements. To maintain the adopted LOS, the School Board may if necessary, utilize relocatable classrooms (portables) on a temporary basis as an operational solution during the replacement or expansion of District school facilities or at Exceptional Student Education cluster sites or in the case of a disaster or emergency. u The LOS shall be adopted and incorporated into the PSFE of Broward County and the Municipalities' Comprehensive Plans. 1c In the review of proposed development applications containing residential units, the LOS for schools containing magnet programs shall be considered the same as stated for each pertinent school level (elementary, middle and high). (dd) Students attending or anticipated to attend designated stand-alone magnet schools are factored into the five-year student enrollment projections for District schools. Enrollment projections multiply the residing number of students within a - 21 - Words stfi&ea are deletions, and words underlined are additions. concurrency service area by the attending student population rate within a concurrence sen-ice area. The attending rate is the number of students found to be attending their assigned school divided by the number of students residing in the area. This is calculated for every area and for all grade levels This formula accounts for students attending other schools such as charters magnets, and non- bounded magnet schools. e) Students returning, attending or anticipated to attend charter schools are factored into the five-year student enrollment projections for District schools. Based upon where students reside and the location of each charter school, an "AREA OF INFLUENCE" is created using a geographical radius The area of influence is comprised of circle radii measured in miles and determined by such factors as the type and size of the subject school(s). A charter school is located at the center of the radius and captures the percentage of students attending the charter school within each radius. Enrollment projections are adjusted for all elementary, middle and high schools impacted by a charter school until the charter school reaches full enrollment status. If a charter school facility closes the five-year enrollment projections are adjusted to reflect students going back to their assigned elementary, middle or high school within the appropriate radius. 8.11 Exemptions and Vested Development (a) The following residential plats and site plans (or functional equivalent) shall be exempt from the requirements of public school concurrence: 1. All residential plats and site plans (or functional equivalent) which generates less than one student in the relevant CSA. Such development shall be subject to the payment of school impact fees. 2. Any amendment to or replat of a residential plat or amendment to a residential site plan (or functional equivalent) which generates less than one additional student. Such development shall be subject to the payment of school impact fees. 3. Any age restricted community with no permanent residents under the age of eighteen (18). Exemption for an aged restricted community shall only be available subject to a recorded Restrictive Covenant limiting the age of all permanent residents to eighteen (18) vears and older. 4. As may otherwise be exempted by Florida Statutes. Words strieken are deletions, and words underlined are additions. (b) The following residential plats and site plans (or functional equivalent) shall be vested from the requirements of public school concurrence: 1. Any residential plat or site plan (or functional equivalent) located within a previously approved comprehensive plan amendment or rezoning which is subject to a mitigation agreement in accordance with the following: (i.) The mitigation to address the impact of the new students anticipated from the development has been accepted by the School Board consistent with School Board Policy 1161, entitled Growth Management, to be amended consistent with this Amended Agreement and as may be amended from time to time, and; ii. A Declaration of Restrictive Covenant has been properly executed and recorded by the Developer or the development is located within a boundary area that is subject to an executed and recorded triparty agreement consistent with School Board Policy 1161, to be amended consistent with this Amended Agreement and as may be amended from time to time. 2. Any residential site plan (or functional equivalent) that has received final approval which has not expired prior to the effective date of public school concurrence. 3. Any residential site plan (or functional equivalent) which is included within a residential plat or development agreement for which school impacts have been satisfied for the dwelling units included in the proposed site plan (or functional equivalent). In the transmittal of such residential site plan (or functional equivalent) to the School District, the County or Municipality shall state in the transmittal or provide written information indicating that the units in the application are vested The County will provide the necessary information to the School Board and Municipalities to identify the vested plats and further specifics to be contained in the adopted land development regulations. (c) To be exempt or vested from the requirements of public school concurrency, owner seeking such a determination shall be required to submit an application to the to the Local Government which shall include written evidence sufficient to verify that the subject development meets the exemptions stated herein and as such is exempt from the requirements of public school concurrence. - 23 - Words stricken are deletions, and words underlined are additions. 8.12 Public School Concurrency Management System (a) Within 90 days after the public school concurrency plan amendments become effective Broward County and each Municipality shall adopt public school concurrency provisions into its Land Development Regulations (LDR) consistent with the requirements of this Amended Agreement. (b) The County and Municipalities shall amend their LDRs to adopt public school concurrency provisions, which provide procedures for the review of plats and site plans (or functional equivalent). 1. Any Municipality may choose to adopt the Countt's public school concurrency regulations, in lieu of its own and agrees to be bound by the terms and provisions therein until it adopts its own school concurrency ordinance. 2. At any time a Municipality may opt out of the County's implementing ordinance through implementation of its own school concurrency ordinance. (c) Prior to the effective date of public school concurrency, the School Board shall amend its School Board Policies to include public school concurrency provisions consistent with the requirements of this Amended Agreement. 8.13 Review Process (aa) Broward County, the Municipalities and the School Board shall ensure that the LOS established for each school type and CSA is maintained. No residential plat or site plan (or functional equivalent) application or amendments thereto shall be approved by the County or Municipalities, unless the residential development is exempt or vested from the requirements specified in Subsection 8.11 of this Amended Agreement, or until a School Capacity Availability Determination Letter (SCAD) has been issued by the School District indicating that adequate capacity is available. This shall not limit the authority of a Local Government to deny a development permit or its functional equivalent, pursuant to its home rule or governmental regulatory powers for reasons other than school capacity. (b) Any applicant submitting a plat or site plan (or functional equivalent) application with a residential component that is not exempt or vested under Subsection 8.11 of this Amended Agreement is subject to public school concurrency and shall be required to submit a Public School Impact Application (PSIA)_ to the Local Goverment, for review by the School District including the following_ _ 24 _ Words stricken are deletions, and words underlined are additions. 1. The name, survey or location map of the development; 2. As applicable the existing land use or zoning designation, including existing permitted units and ripe; 3. The number and type of proposed dwelling units, and if applicable the bedroom mix (if the type and bedroom mix is not delineated in the application, it shall be reviewed based on the maximum student generation rate for that residential type); 4. The section, township and range; 5. Age restrictions for occupancy, if any, and; 6. Any documentation supporting a request for exemption under Subsection 5.11 of this Amended Agreement. u The Local Government shall ensure the applications for residential plat or site plans (or their functional equivalent) are complete and transmit them to the School District for review. Upon determination that the application is complete, the Local Government shall transmit the PSIA to the School District for review. This process does not preclude the Local Government from requiring that the applicant submit the PSIA directly to the School District for review. (d) The School District will review the properly submitted and completed PSIA and verify whether or not sufficient capacity is available at the impacted CSA to accommodate students anticipated from the proposed development. The process for review of the application shall be as follows: 1. The School District shall review, on a first come, first serve basis, the completed PSIA. The SCAD Letter shall be sent to the applicant and the affected Local Government no later than forty-five-five (445) days after receipt of the PSIA. 2. Notification shall be provided to the applicant and affected Local Government if the application is incomplete. 3. As authorized by School Board Policy 1161, the School District will charge a non-refundable application fee payable to the School Board to reimburse the cost to review residential plats and site plans (or functional equivalent) and matters related to public school concurrence. Payment shall be required to the commencement of review. - 25 - Words stricken are deletions, and words underlined are additions. (el Student Generation Rates Calculation 1. The determination of students anticipated from a proposed PSIA shall be based on the utilization of the effective, adopted and pertinent student generation rates contained within the Broward Counh, Land Development Code (BCLDC). Update of the student generation rates shall be conducted at least once every three (3)years by the School Board in coordination with the County and Municipalities. (f) Utilization Determination 1. It shall be the responsibility of the School District to maintain the CSA boundaries and related data. 2. The School District shall determine the impact of a proposed development to assigned school(s)by performing the following procedures: (i.) Deduct the Twentieth Day Enrollment numbers from the school's permanent FISH capacity. The Twentieth Day count is effective on the twentieth day of the school year until the nineteenth day of the next school year. if. Add or deduct capacity from capital projects over the next three years as reflected in the Adopted DEFP, which may include capacity from a new school in an approved boundary that will become effective in the next school year. iif. Deduct the number of students from development approved per Subsections 8.11(b) and 8.13(g) of this Amended Agreement and anticipated to be built within the next three years. iv. Deduct the number of students generated from the proposed project. 3. If it is determined that there is no permanent capacity at the assigned School(s) as determined by the procedure described in Subsection 8.13(f)2 above because the projected growth from a residential development causes the adopted LOS to be exceeded in the subject CSA the School District may, practical utilize pertinent options delineated in School Board Policy 5000 to be amended consistent with this Amended Agreement and as may be amended from time to time to ensure maximum utilization at the CSA. Otherwise all of the CSAs immediately adjacent to the primary impacted CSA will be examined for available capacity before a determination letter is issued indicating that the development has satisfied public school concurrence. - 26 - Words striekerx are deletions, and words underlined are additions. 4. If necessary, the School District will reassign previously allocated adjacent capacity to achieve maximum utilization except where such reassignment: u Creates additional transportation cost impacts due to natural or physical barriers or i.) Results in a violation of federal, State or School Board Policy. A flowchart providing an example of the public school concurrency process is depicted in Appendix "C" attached hereto and made a part hereof. Issuance and Term of Public School Concurrence 1. If the School District reviews a development project application and determines that sufficient permanent capacity is available at the adopted I OS to accommodate students anticipated from the development the School District shall issue a SCAD Letter indicating that adequate school facilities exist to accommodate the student impact. 2. After issuance of the SCAD Letter, the District shall add the reserved seats for the number of students anticipated to its database. 3. County plat approval or local government site plan approval or amendment thereto, which are subject to public school concurrence shall not be approved until the SCAD Letter has been received from the School District confirming that capacity is available in the CSA or if capacity is not available that proportionate share mitigation has been accepted by the School Board regarding the proposed development If a plat and site plan (or functional equivalent) are both required for a development school concurrency shall be applied during the earlier review. 4. Upon final action by the Local Government regarding the development the Local Government shall send written notice to the School District indicatine that the development was granted final approval or denied If the plat site plan (or functional equivalent) received final approval the development and anticipated students shall be considered vested for up to five (5) years beginning from the date the Developer received final approval from the Local Government. Vesting of a plat beyond the five years requires that one of the following conditions are met within the five (5) year period: 1) the issuance of a building permit for a principal building and first inspection approval or 2) substantial completion of project water lines, sewer lines and the rock base for internal roads. If the development was denied the District shall deduct from its database, students associated with the development Information provided _ 27 _ Words strichea are deletions, and words underlined are additions. shall be consistent with requirements stated in Subsection 8.2 of this Amended Agreement. 5. The Local Government shall verify prior to issuing a building permit for a residential development that either the requirements of public school concurrency have been satisfied or that the application is exempt or vested from public school concurrence. 6. Once an approved plat site plan (,or functional equivalent) expires the SCAD Letter will no longer be valid. If an approval is to be extended, as may be permitted by the applicable Local Government the applicant or the Local Government shall be required to provide written notice to the School District prior to any such expiration and provide documentation that the extension request was approved Failure to provide the timely written notice to the School District will result in the expiration of the SCAD Letter. 7. In the event that approved changes in the overall mix of residential units and/or mix of bedrooms result in a net reduction in the amount of units constructed a refund of any portion of the proportionate share mitigation amount paid may be available only if any such amount has NOT been committed for or used by the District to defray the school impacts originally anticipated to occur as a result of the original development, and only if the applicant restricts the property to the revised mix of residential units and/or mix of bedrooms to justify the refund. S. If the student impacts from a proposed development causes the adopted LOS in a CSA to be exceeded or increase enrollment in a CSA where there is an existing LOS deficiency, a determination letter shall state why the development is not in compliance and the applicant shall have thirty (30) days to propose proportionate share mitigation to the School District. 9. If the applicant roposes proportionate share mitigation within the thirty (30) day deadline upon the subsequent acceptance of the proposed mitigation by the School Board and upon the execution of a legally binding document between the School Board local government and applicant, a new SCAD Letter shall state that adequate capacity would be available to accommodate the student impact anticipated from the development and subject to the mitigation measures outlined in the binding agreement. If the proportionate share mitigation is not geed to the SCAD Letter, shall state why the mitigation proposals were rejected and also state why the development is not in compliance with public school concurrence requirements. _ Zg _ Words str-ieken are deletions, and words underlined are additions. 8.14 Proportionate Share Mitigation u The School Board shall consider proportionate share mitigation pursuant to provisions of this Amended Agreement. Such consideration shall be consistent with the mitigation provisions outlined herein and delineated in School Board Policy 1161, to be amended consistent with this Amended Agreement and as may be amended from time to time, regarding public school concurrent)- If the proposed mitigation option is accepted and deemed financially feasible by the School Board, the applicant or Local Government shall enter into an enforceable and binding agreement. (b) The binding agreement shall be filed against the property by the property owner, reviewed and approved by the School District, and recorded in Broward County public records by the property owner. Subsequently, the recorded agreement shall be provided to the School District Broward County and Local Government with jurisdiction over the approval of the development order. 8.15 Proportionate Share Mitigation Options Once it is determined consistent with Sections 8.13 (e) and (f) of this Amended Agreement that there is insufficient capacity at the assigned school(s) to serve the proposed development, a development's total proportionate share mitigation value shall be determined as follows: (i.) The number of additional (deficit) students generated by the proposed development that would impact school(s) exceeding the adopted LOS, or that would cause the assigned school(s) to exceed the adopted LOS, multiplied by the Florida Student Station Cost Factors for each school type; plus i. That development's share of the land acquisition cost for school sites, if anv, as determined and published annually in the adopted Five Year DEFP. No land cost shall be applied to mitigation on property that is already owned or controlled by the School District at the time the proportionate share mitigation agreement is being executed. Relocatable classrooms or facilities shall not be considered or accepted as an acceptable proportionate share mitigation option. (a) The proportionate share mitigation proposed to address the deficit student station(s) at the affected school(s) shall equate to at least one permanent classroom when the following occurs: M The development generates the need for the additional capacity and that capacity is not available; Oil No classroom additions - 29 - Words stricken are deletions, and words underlined are additions. are available within the first three years of the adopted Five-Year DEFP to accommodate the student(s) generated; and/or iii No School District funds are available to provide the needed classroom(s) Mitigation to address the anticipated student impact that necessitate the need for school site(s) shall primarily be the dedication of land The proportionate share mitigation options to satisfy public school concurrency requirements shall include the following: 1. Provide the needed school site(s) for elementary, middle or high school. Acceptability of dedicated land shall be subject to review and determination by the Superintendent or designee that the subject real property satisfies the educational and site requirements of the applicable School Board Policy. The timeframe for the conveyance of the dedicated land shall be as agreed to by the School Board and specified in the binding agreement. The binding agreement shall provide a condition that no building permit(s) will be issued for residential units associated with the plat or site plan until formal conveyance of the school site(s) to the School Board has occurred. If the appraised value of the dedicated site(s) is less than the school impact fees due for the project, the provision of additional funds towards construction of the school(s) or facilities will be required. 2. Pay for the project cost for the construction of school(s) scheduled in the Adopted Five-Year DEFP to relieve the primarily impacted CSA(s) plus the cost of the land acquisition if any, for school sites as determined and published annually in the Adopted Five-Year DEFP or lay the project cost amount deemed necessary in advance of the time set forth in the Adopted Five-Year DEFP The costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is programmed for construction Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence. Unless otherwise agreed to by the School Board payment of the total amount due shall be made no later than thirty (30) days after the first to occur, the plat site plan (or functional equivalent) receives final approval from the local governing body. This option shall be subject to specific School Board approval. 3. Pay for the project cost regarding the construction of a public school facility utilizing urban school concept(s) adopted by the School Board plus the cost of the land acquisition if any. Also the construction of such facility shall meet the State of Florida and the School Districts educational facility requirements. The costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is programmed for construction Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence. Unless otherwise agreed to by the School Board payment of the total amount due shall be made - 30 - Words str-ieken are deletions, and words underlined are additions. no later than thirh, (30) days after the first to occur, the plat site plan (or functional equivalent) receives final approval from the local governing body. This option shall be subject to specific School Board approval 4. Pay for one of the following: Q Additions to the school(s) located within the primarily impacted CSA(s) or in CSA(s) located immediately adjacent to the primarily impacted CSA(s), as found in the current Adopted Five-Year DEFP, plus the cost of the land acquisition if any, for school sites as determined and published annually in the Adopted Five-Year DEFP or lay the project cost amount deemed necessary in advance of the time set forth in the Adopted Five-Year DEFP. The costs associated with the identified mitigation shall be based on the estimated cost of the improvement on the date that the improvement is programmed for construction. Future costs will be calculated using estimated values at the time the mitigation is anticipated to commence ii Needed permanent capacity improvement(s) (e.g. classroom addition) at the primarily impacted CSA(s) or CSA(s) located immediately adjacent to the primarily impacted CSA(s) or provide the number of needed permanent classroom(s) (modular classrooms(s) or similar facility), and the cost of the land acquisition, if any, for school sites as determined and published annually in the Adopted Five Year DEFP. Modular or similar approved facilities shall meet the State of Florida and the School Districts educational facility requirements. Unless otherwise agreed to by the School Board payment of the total amount due for 46) or 4(ii) above, shall be made no later than one year after the plat site plan (or functional equivalent) receives final approval from the local governing body. This option shall be subject to specific School Board approval. 5. Allow proportionate share mitigation funding to be utilized at a charter school, which at a minimum meets all of the following criteria: a. The charter school or charter school system is owned by a municipal government. b. The charter school or charter school system has been in operation for a minimum of five years. - 31 - Words striekert are deletions, and words underlined are additions. C. The charter school or charter school sys� tem provides a complete grade configuration for at least a primary learning center, elementary, middle or high school education d. The charter school is located within two miles of the proposed development or within the CSA of the impacted public school(s) e. The charter school is built consistent with the state Rules for Educational facilities (SREF) which is contained within the Florida Building Code. f. Adopt the same LOS contained in the Amended Agreement Y} Adopt the Florida Department of Education (DOE) design criteria formulas to calculate student capacih,. h. Enroll student population at a 100% of the charter schools contract capacity. i. Funding received shall be used pursuant to Section 1013 62 Florida Statutes. This option shall be subject to specific School Board approval If the School Board rejects a proposed proportionate share mitigation funduig offer at a charter school. the Board shall provide its reasoning for the refusal 6. Other mitigation option(s) may be proposed by an applicant and shall be subject to specific School Board approval The fimeframe for payment of the total amount due or the provision of the specific proportionate share mitigation shall be as agreed to by the School Board and contained in the binding agreement. In no circumstance shall the total amount committed to pay for permanent classroom additions or any of the listed mitigation options be less than the school impact fees due for the units as calculated based on the adopted school impact fee schedule specified in the BCLDC and due for the units as of the effective date of the application for building permit The school impact fee due for the project shall be considered included in the total proportionate share mitigation amount due or paid, and shall be credited toward the payment of the school impact fee Specifics regarding the payment of the proportionate share mitigation shall be included within the binding agreement. u In exchange for payment towards the provision of student stations to equate full Words strickev3 are deletions, and words underlined are additions. classroom(s), payment for the construction of a public school facility, or dedication of school site(s), the School District will establish a mitigation bank for the Developer, which would address credits for permanent school capacity in excess of what is required to serve the proposed residential development. In such scenario, the Developer will have the right to sell credits within the affected CSA or adjacent CSA for the excess permanent capacity, upon receiving approval from the School District. Upon granting of such approval, the District shall send written notice to the Developer, with copy to Broward County and the Local Government issuing the development order or functional equivalent for the project. Details concerning excess permanent capacity derived from paid proportionate share mitigation shall be addressed in the LDRs and in School Board Policy 1161. An applicant may request a refund for monies paid (i) if the proposed development is not constructed in any part, or ii the plat or site plan (or functional equivalent) approval expires and the approval has not been extended, and iii the monies have not been committed or used by the District to defray the school impacts originally anticipated to occur as a result of the proposed development, and (fv) none of the proportionate share mitigation credit has been sold or transferred to subsequent Developer(s). 8.16 Formula for the Calculation of Proportionate Share Mitigation Options u The general formulas to calculate each proportionate share mitigation are as delineated below. 1 If a Developer elects the Dedication of School Sites option the need for land shall be as delineated below: u Dedication of School Sites Specific language regarding the thresholds that would trigger the need for school site(s) generated by a residential development shall be as stated in School Board Policy 1161 Mitigation based on the provision of school situ shall be based on the appraised value of the land measured against the cost per student station value amount due for the students generated. 2. Project cost for construction of school(s) or additions to school(s) located immediately adjacent to the primarily impacted CSA(s) as found in the current adopted District Educational Facilities Plan. - 33 - Words Stfkken are deletions, and words underlined are additions. The formula regarding the above option shall at the minimum be based on estimated cost of the improvement on the date that the improvement is programmed for construction as provided in Subsection 8.15(a)(2) of this Amended Agreement. 3. Provision of Modular Classroom Specific language regarding the number of elementary, middle and high school students that constitute a classroom shall be as stated in School Board Policy 1161. (� A Mitigation contribution provided by a Developer to offset the impact of a residential development must be directed by the School Board toward a permanent school capacity project identified in the first three years of the School District's adopted Five-Year DEFP, or as appropriate, scheduled as a new project in the first three years of the adopted Five-Year DEFP. If the School Board accepts proportionate share mitigation based on the latter, the Board shall amend the adopted Five-Year DEFP to include the proportionate share amount or value of the mitigation. Capacity projects identified within the first three (3) years of the Five- Year Capital Facility Plan shall be considered as committed in accordance with the pertinent Sections of this Amended Agreement. (c) If capac4 projects are planned in years four (4) or five 5) of the School Board's adopted Five-Year DEFP within the same CSA as the proposed residential development and if the School Board agrees the Developer may pay his proportionate share to advance the improvement into the first three gars of the adopted Five-Year DEFP to mitigate the proposed development in accordance with the formula provided herein. u Guidelines for the expenditure of proportionate share mitigation funds towards permanent capacity identified in the adopted Five-Year DEFP, shall be as follows: 1. The School Board shall utilize monies paid by applicants, to provide needed permanent capacity at those schools identified in the District's development review report as being impacted by the development. 2. If site constraints or other feasibility issues make it impracticable for the School Board to provide the needed permanent capacity at the affected school(s) as delineated above as feasible the School Board will make efforts to provide the needed capacity at school(s) located immediately adjacent to the primarily impacted CSA(s) as found in the current Adopted Five-Year DEFP (s), thus relieving overcrowding at the primary identified impacted school(s). - 34 - Words stricken are deletions, and words underlined are additions. 3. If disbursement of the mitigation funds is not possible as outlined above the funds will be spent in the applicable school impact fee service area delineated in the adopted BCLDC in a manner that ensures that the impact of the development is still addressed at the primary affected CSA or an adjacent CSA 8.17 Appeal Process A Developer or Local Government receiving a SCAD Letter that indicates permanent capacity is not available may implement the applicable process outlined below. u A Developer adversely impacted by a SCAD Letter made as a part of the public school concurrence process may appeal such determination by written request to the School Board. u If the School Board rules in favor of the Developer School District staff shall issue a subsequent SCAD Letter based on the decision of the School Board. If the School Board does not rule in favor of the Developer or upholds the decision of District staff, the Developer may elect to pursue other appropriate measures. u A Developer adversely impacted by a non-acceptance of proposed proportionate share mitigation made as a part of the public school concurrency process may elect to pursue other appropriate measures. (d) A Developer adversely impacted by a Local Government decision made as a part of the public school concurrency process may appeal such decision using the process identified in the Local Government's regulations for appeal of development orders. (e) A Local Government adversely impacted by a SCAD Letter made as mart of the public school concurrency process may initiate the process outlined in Subsection ll,a) of this Amended Agreement. If the issue cannot be resolved, the Local Government may appeal such determination to the School Board. If the Local Government is not satisfied with the decision of the School Board, the Local Government or the School Board may seek an advisory opinion from the Oversight Committee. If either the School Board or the Local Government is not satisfied with the opinion of the Oversight Committee, either party may pursue the process outlined in Subsection 10.1.(b) of this Amended Agreement. (f) If the School Board does not accept proportionate share mitigation proposed by Local Government, and such decision results in a dispute between the entities, the Local Government or the School Board may seek an advisory opinion from the Oversight Committee. If the Local Government is not satisfied with the opinion of 35 _ Words strieken are deletions, and words underlined are additions. the Oversight Committee either partv may pursue the process outlined in Subsection 10.L(b) of this Amended Agreement ARTICLE V44I IX COLLOCATION AND SHARED USE Section 9 89.1 Collocation and shared use of facilities are important to both the School Board and local govemments. In accordance with pertinent School Board growth management policy, the School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, collocation and shared use of school and governmental facilities for health care and social services will be considered. 9.2 To enable the collocation/shared use of public school facilities with Local Government/civic facilities, the Local Governments shall in January of each year provide to the Staff Working Group information on Local Government public/civic facilities planned for inclusion in its five-year capital improvements plan that could potentially be collocated with public school facilities. Upon receipt of the information the Staff Working Group shall forward the information to the School District Also, the Local Governments shall examine the annually submitted School Board's Five-Year Tentative DEFP provided pursuant to Subsection 4.1 of this Amended Agreement and include in the written comments back to the School District information regarding the potential public/civic facilities that could be collocated with planned new schools delineated in the Five-Year Tentative DEFP. This requirement shall not prevent the Local Government from providing information on collocation to the Staff Working Group through out the calendar year. Information provided to the Staff Working Group and School District shall at the minimum include the planned type of public facility, acreage and location/parcel map. Information provided shall be in hard copy and electronic colvv_Upon receiving such information, the School District shall organize meetings with the subject Local Government(s) to further pursue and work towards the collocation of the facilities. The entities shall notify the Staff Working Group of their efforts towards collocation of the subject facilities. As part of efforts towards the collocation such facilities in Broward County, the Staff Working Group shall include in all of its meeting agendas, an agenda item relating to the provision information regarding collocation as stated herein. - I6 - Words stricken are deletions, and words underlined are additions. Subsequently the Staff Working Group shall in its report to the Oversight Committee advice the Committee of ongoing efforts towards collocation including information on facilities that have been collocated in the calendar year. 8,29_3 A separate agreement will be developed for each instance of collocation and shared use which addresses, but is not limited to, legal liability, operating and maintenance costs, scheduling of use, and facility supervision or anv other issues that may arise from collocation and shared use once constructed. ARTICLE A X RESOLUTION OF DISPUTES Section 10 910.1 If the parties to this Amended Agreement are unable to resolve any issue in which the\, may be in disagreement covered in this Amended Agreement, such dispute will be resolved in the following manner: (a) First, the disputing parties will meet together through their respective county or municipal manager or administrator and the Superintendent or their respective designee; (b) If the disputing parties are still unable to resolve the dispute, the disputing parties agree to further attempt to resolve the dispute in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes or such other processes deemed mutually agreeable and appropriate by the parties involved. ARTICLE XI OVERSIGHT PROCESS Section 11 4-0.11.1 The School Board, the County and the Municipalities shall each appoint up to five members to serve on a fifteen (15) member committee to monitor the implementation of this Amended Agreement. Committee members shall be notified in writing and advised of the meetings referenced in Article II and shall receive copies of all pertinent reports and documents produced pursuant to this Amended Agreement. The Superintendent shall organize and staff the meetings of this Committee, utilizing the Staff Working Group for assistance as needed. Also, the County and Municipalities shall cooperate as needed to further the work of the Oversight Committee to the extent feasible The Committee shall appoint a chairperson, meet at least annually to adopt and issue a report to participating local governments, the School Board, the County and the general public on the effectiveness with which this Amended Agreement is being implemented. The Words stricken are deletions, and words underlined are additions. Chairperson of the Committee shall preside over the meeting and within thirty (30�days gerneFate issue the report stated herein regarding successes and failures regarding implementation of the interlocal agreement during the preceding calendar year. The Committee meeting regarding review of the interlocal agreement shall be conducted as a public meeting advertised to provide opportunity for public participation. 4-911.2 For purposes of selecting the five appointed Municipal members, the Municipalities will appoint the five representatives through a process deemed mutually agreeable and appropriate by those Municipalities who are a party to this Amended Agreement. 11.3 The Oversight Committee shall have the powers outlined in Subsections 8.17(e) and (f) of this Amended Agreement, and as further specified within this Amended Agreement, ARTICLE XII SPECIAL PROVISIONS Section 12 12.1 Land Use Authority The School Board, County and Municipalities specifically acknowledge that each Local Government is responsible for a1212roving or denying comprehensive plan amendments and development orders within its own_jurisdiction. Nothing herein represents or authorizes a transfer of this authoritv to any other party. ARTICLE X4 XIII EFFECTIVE DATE AND TERM Section 13 44.13.1 This Amended Agreement shall become effective upon the signatures of the School Board, the County and at least seventy-five percent (75%) of the Municipalities which include at least fifty percent (50%) of the population within Broward Count fe-r--e ffln 7 effeet fora period of five (5) year-s f.,.m the effective date. The joinder by each A R..«:,,:«.a1:4. shall make the agreement „ffpctiyp to that respective Mµn:`ipal 4. This Amended Agreement may be earlier cancelled by mutual agreement of the School Board, of the County of and the respective Municipalities, unless otherwise cancelled as provided or allowed by law. l l l'] T T h-is Amended A gr-e....ent may be ,..,4,...ded « the .Y uWal r ent of the parties to 4t.:.. a.oa,ru v, u.,i. parties �.. ��.�.. AMD4ed Agreement f9r one addifienal five (5) year- term, ean4itianed uPOR the SaMe terms and conditiRn,; aq contaiMP4 lier-ein, provided fliat the pafty seeking an extension - 38 - Words strickeH are deletions, and words underlined are additions. PFON44e f:tt,.n RRti,.,. t. th„ R hef par-ties of such ii,t i# to P*t n,A no later than e , M yeaf pfior to the expiFat4ofi of the then cuffent ter-En, anEl the other- parties agree in writing to eh extensiRiq 44gp F)Rp a a(htional five year extension term shall be valid efil . te thane pafties who consented i-R writing therete, and shall nRt bp PRRd4iR;;pd upen the consent e4 all original parties hereta ARTICLE XII XIV AMENDMENT PROCEDURES Section 14 14.1 Process to Amend the Interlocal Agreement The procedures to amend this Amended Agreement shall be as follows: (a) The part, xvishing to amend one or more of the above-listed items shall be the "Initiating Party." The Initiating Party may be the School Board, County, or Municipalitv subject to the requirements of public school concurrence. (b) The Staff Working Group shall review and comment on a proposed amendment. u The Initiating Party shall submit the proposed amendment to the Staff Working Group. At the minimum, information submitted shall include: 1. A memorandum outlining the proposed amendment; 2. A narrative describing the purpose of the proposed amendment and a statement regarding the impact of the proposed amendment on the School Board's Plan and adopted Five-Year DEFP, and the Local Government's Comprehensive Plan and other elements of public school concurrence addressed by this Amended Agreement. 3. The memorandum must also include all data and analysis supporting the proposed amendment. (d) Within sixty (60) days of receipt of a proposed amendment from the Initiating Party, the Staff Working Group shall provide any written comments or objections to the Initiating Party, the School Board County, Municipalities and the Oversight Committee on whether the proposed amendment is consistent with the Comprehensive Plan as required by Sections 163.3177 and 163.3187, F.S. The Staff Working Group shall indicate in the written comments on whether it consents to the proposed amendment or, if it does not, the reasons for withholding its consent. The Staff Working Group's recommendation shall be forwarded to the Oversight Committee who shall meet and make a final recommendation to the School Board, - 39 - Words st-rickea are deletions, and words underlined are additions. the County and Municipalities regarding the proposed amendment. In order to resolve anv objections to the proposed amendment, designees of the Initiating Party may meet and confer with the Staff Working Group prior to the Staff Working Group's submission of written comments to the School Board County, Municipalities and the Oversight Committee. (e) If the Staff Working Group is unable to consent to the proposed amendment the matter will be forwarded to the Oversight Committee for resolution. If the Oversight Committee cannot reach a consensus on the matter, the matter shall be resolved pursuant to the dispute resolution process set forth in Article X of this Amended Agreement. (f) The parties agree that no proposed amendment will be implemented without the consent of the Staff Working Group, the final recommendation made by the Oversight Committee, and agreed to by the County and School Board and at least seventy percent(75%) of the Municipalities which include at least fifty percent (50%) of the population within Broward County. Where the consent of the necessary parties is not obtained, no proposed amendment will be implemented unless it is determined to be appropriate through the dispute resolution process set forth in Article X of this Amended Agreement. (g� The parties agree that once a proposed amendment has the required consent of each of the necessary signatories to the Amended Agreement or is determined to be appropriate through dispute resolution, each Tarty will undertake work program, Comprehensive Plan, and regulatory changes necessary to effectuate the amendment. ARTICLE X1I XV MISCELLANEOUS Section 1215 1215.1 Entire Agreement This Amended Agreement constitutes the entire agreement and understanding between the parties, and supersedes all other agreements concerning the subject matter contained herein. Any amendments to this Amended Agreement shall be in writing and executed by each respective party. Notwithstanding the foregoing, the parties hereto agree and acknowledge that this Amended Agreement is not intended to usurp or modify the authority, rights, or obligations of the School Board, County or Municipalities as such may be provided elsewhere by law. 1215.2 Severability If any one or more of the provisions contained in this Amended Agreement shall for any reason be held invalid, illegal, unlawful, void or unenforceable with respect to any party - d0 - Words stfiEken are deletions, and words underlined are additions. hereto, the remainder of this Amended Agreement or the application of such provisions to a party other than those to whom is held invalid, illegal, unlawful, void or unenforceable, shall not be affected and each provision of this Amended Agreement shall be valid and enforceable to the fullest extent permitted by lacy as if such invalid, Illegal unlawful, unenforceable or void provision had never been included herein. 1215.3 Notices. All notices or other communications (other than notices for meetings as provided for elsewhere in this Amended Agreement) which shall or may be given pursuant to this Amended Agreement shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses as specified in Exhibit "A", attached hereto and made a part hereof. Any party may from time to time designate any other address for this purpose by written notice to the parties hereto. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 4215.4 Governing Law This Amended Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Amended Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida. 4215.5 Headings The captions, section numbers, article numbers, title and headings appearing in this Amended Agreement are inserted only for convenience and in no way define, limit, construe or describe the scope or intent of such articles or sections of this Amended Agreement, nor in any way effect this Amended Agreement and shall not be construed to create a conflict with the provisions of this Amended Agreement. 1215.6 Counterparts This Amended Agreement may be executed in counterparts, each of which shalt be deemed an original. 4215.7 Supplementary greements All parties to this Amended Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall not be inconsistent with this Amended Agreement. 1215.8 Authority Each person signing this Amended Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Amended Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Amended Agreement. - 41 - Words stric-lcea are deletions, and words underlined are additions. 1215.9 Indemnification Each party agrees to be fully responsible for its acts of negligence or its agent's acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. 1 A5.10No Waiver of Sovereign Immunity Nothing contained in this Amended Agreement is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. 1215.11No Third Party Beneficiaries The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Amended Agreement. None of the parties intend to directly or substantially benefit a third party by this Amended Agreement. The parties agree that there are no third party beneficiaries to this Amended Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Amended Agreement. Nothing herein shall be construed as consent by any agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 1215.12 N on-Discrimination The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this Amended Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. 1215.13Records Each party shall maintain its own respective records and documents associated with this Amended Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. IN WITNESS WHEREOF, this Amended Interlocal Agreement has been executed on the respective dates under each signature by and on behalf of Broward County, each of the respective Municipalities and the School Board of Broward County, Florida on this day of 2008. [REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW.] -42 - Words stricketn are deletions, and words underlined are additions. Signature Pages THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA By Robin Bartleman, School Board Chair Witness as to all Signatories Print Name ATTEST: James F. Notter, Superintendent Witness as to all Signatories Of Schools Print Name (CORPORATE SEAL) State of Florida, Broward Counh WITNESS my hand and official seal this day of A.D. 2008 Print Name (AFFIX NOTARY SEAL) My Commission Expires: Approved as to form: Edward J. Marko, School Board Attorney 4, Words stricken are deletions, and words underlined are additions. BROWARD COUNTY through its Mayor, authorized to execute same by Board action on the day of 2008. BROWARD COUNTY,by and through its ATTEST: BOARD OF COUNTY COMMISSIONERS By: Broward County Administrator, as Lois Wexler, Mayor Ex-officio Clerk of the Broward County Board of County Commissioners Day of 2008. Approved as to form by Office of County Attorney Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: Assistant County Attorney - 44 - Words striekei3 are deletions, and words underlined are additions. CITY OF COCONUT CREEK through its Mayor, authorized to execute same by Commission action on the_day of 2008. CITY OF COCONUT CREEK (CITY SEAL) a Florida municipal corporation By: John P. Kelly, City Manager ATTEST: By: Barbara S. Price, CMC City Clerk APPROVED AS TO LEGAL FORM: By: By: CITY ATTORNEY - 45 - Words strieken are deletions, and words underlined are additions. CITY OF COOPER CITY through its Mayor, authorized to execute same by Commission action on the daN, of , 2008. CITY OF COOPER CITY, FLORIDA By: Debbie Eisinger, Mayor Day of , 2008. ATTEST: By: Susan Bernard, City Clerk APPORVED AS TO FORM: By: Alan Francis Ruf, City Attorney - 46 - Words str-icken are deletions, and words underlined are additions. CITY OF CORAL SPRINGS through its Mayor, authorized to execute same by Commission action on the day of 2008. CITY OF CORAL SPRINGS, a Municipal corporation organized and existing under the laws of the State of Florida Bv: Scott J. Brook, Mayor Dav of , 2008 ATTEST: APPROVED AS TO FORM: Bv: Bv: Peter Richardson, City Clerk Samuel S. Goren, City Attorney - 47 - Words st-rickern are deletions, and words underlined are additions. CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action on the day of , 2008. CITY OF DANIA BEACH, ATTEST: a Florida municipal corporation BY: Louise Stilson Robert Anton CITY CLERK MAYOR-COMMISSIONER BY: Ivan Pato CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: BY: Thomas J. Ansbro, Esquire CITY ATTORNEY _ 48 _ Words striekex are deletions, and words underlined are additions. TOWN OF DAVIE through its Mayor, authorized to execute same by Council action on the day of 2008. TOWN OF DAVIE, FLORIDA WITNESSES: By: Mayor/Councilmember ATTEST: By: Town Administrator By: Town Clerk APPROVED AS TO FORM: By: Town Attorney - 49 - Words stfiEkea are deletions, and words underlined are addifions. CITY OF DEERFIELD BEACH through its Mayor, authorized to execute same by Commission action on the_day of 2008. CITY OF DEERFIELD BEACH, FLORIDA Attest (Seal) Mayor City Clerk - 50 - Words strieken are deletions, and words underlined are additions. CITY OF FORT LAUDERDALE through its Mayor, authorized to execute same by Commission action on the_day of , 2008. CITY OF FORT LAUDERDALE WITNESSES: Bv: Mayor By: City Manager (CORPORATE SEAL) ATTEST: By: City Clerk Approved as to form: By: City Attorney STATE OF FLORIDA: COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 2008, by JIM NAUGLE, Mayor of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida. He is personally known to me and did take an oath. (SEAL) By: Notary Public, State of Florida STATE OF FLORIDA: COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 2008, by George Gretsas, City Manager of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida. He is personally known to me and did take an oath. (SEAL) By: Notary Public, State of Florida - 51 - Words stricken are deletions, and words underlined are additions. CITY OF HALLANDALE BEACH through its Mayor, authorized to execute same by Commission action on the dae of 2008. ATTEST: CITY OF HALLANDALE BEACH, FLORIDA By: By: E. DENT MCGOUGH, CITY CLERK MAYOR JOY COOPER APPROVED AS TO FORM: DAVID JOVE, CITY ATTORNEY - 52 - Words str-ielker3 are deletions, and words underlined are additions. CITY OF HOLLYWOOD through its Mayor, authorized to execute same by Commission action on the day of , 2008. CITY OF HOLLYWOOD, FLORIDA Attest: (Seal) BY: BY: Patricia A. Cerny, MMC Mara Giulianti, Mayor City Clerk Approved as to form and legality For the use and reliance of the City of Hollywood, Florida, only. BY: Daniel L. Abbot, City Attorney - 53 - Words stricken are deletions, and words underlined are additions. CITY OF LAUDERDALE LAKES through its Mayor, authorized to execute same by Commission action on the day of 2005. CITY OF LAUDERDALE LAKES By: SAMUEL S. BROWN, MAYOR ATTEST: By: HAZELINE F. CARSON, CITY CLERK Signed, sealed and delivered in The presence of: Witness Signature Printed Name Witness Signature Printed Name 54 _ Words strie-lken are deletions, and words underlined are additions. CITY OF LAUDERHILL through its Mayor, authorized to execute same by Commission action on the day of , 2008. CITY OF LAUDERHILL, FLORIDA By: ATTEST Mayor Richard Kaplan City Clerk Judith Higgins (Seal) '5 _ Words stricken are deletions, and words underlined are additions. CITY OF LAZY LAKE through its Mayor, authorized to execute same by Council action on the day of , 2008. WITNESSES: CITY OF LAZY LAKE By: Mayor-Commissioner Day of 2008. ATTEST: By: By: City Clerk City Manager Day of 2008. APPROVED AS TO FORM: By: City Attorney - 56 - Words StriE-kerz are deletions, and words underlined are additions. CITY OF MARGATE through its Mayor, authorized to execute same by Commission action on the day of , 2008. ATTEST: CITY OF MARGATE, FLORIDA By: Bv: CITY CLERK JUDITH A. KILGORE MAYOR By: FRANK PORCELLA CITY MANAGER APPROVED AS TO FORM: By: EUGENE M. STEINFELD CITY ATTORNEY - 57 - Words stricken are deletions, and words underlined are additions. CITY OF MIRAMAR through its Mayor, authorized to execute same by Commission action on the_day of , 2008. WITNESSES: CITY OF MIRAMAR ATTEST: BY: City Clerk City Manager Day of 2008. (CORPORATE SEAL) APPROVED AS TO FORM: BY: City Attorney _ sg _ Words str-ieken are deletions, and words underlined are additions. CITY OF NORTH LAUDERDALE through its Mayor, authorized to execute same by Commission action on the day of 2008. CITY OF NORTH LAUDERDALE, a Florida municipal corporation By: Richard D. Sala, City Manager ATTEST: APPROVED AS TO FORM: By: By: C. Milli Dyer, City Clerk Samuel S. Goren, City Attorney - 59 - Words stviehp;i are deletions, and words underlined are additions. CITY OF OAKLAND PARK through its Mayor, authorized to execute same by Commission action on the_day of 2008. CITY OF OAKLAND PARK a Florida municipal corporation By: STEVE R. ARNST, MAYOR ATTEST: By: NANCY I. BALL RICHTER, CMC, CITY CLERK APPROVED AS TO FORM: By: DONALD J. DOODY, CITY ATTORNEY 60 - Words stfkkea are deletions, and words underlined are additions. CITY OF PARKLAND through its Mayor, authorized to execute same by Commission action on the_day of 2008. CITY OF PARKLAND WITNESSES: By: By: Mayor MICHAEL UDINE Day of , 2008. By: ATTEST: By: By: City Clerk City Manager Caryn Gardner-Young Day of , 2008. (CORPORATE SEAL) APPROVED AS TO FORM: Bv: City Attorney Andrew Maurodis - 61 - Words stfiekei3 are deletions, and words underlined are additions. CITY OF PEMBROKE PARK through its Mayor, authorized to execute same by Commission action on the_day of 2008. CITY OF PEMBROKE PARK ATTEST: By.: By: Howard P. Clark,Jr. John P. Lyons Clerk Commissioner Mayor-Commissioner - 62 - Words strie-ken are deletions, and words underlined are additions. CITY OF PEMBROKE PINES through its Mayor, authorized to execute same by Commission action on the_day of 2008. ATTEST: CITY OF PEMBROKE PINES, FLORIDA By: By: JUDITH NEUGENT, CITY CLERK MAYOR FRANK C. ORTIS APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY - 63 - Words striekeR are deletions, and words underlined are additions. CITY OF PLANTATION through its Mayor, authorized to execute same by Council action on the day of 2008. Signed, sealed and delivered in the presence of: CITY OF PLANTATION Attest Susan Slattey, City Clerk By: Witness: Rae Carole Armstrong, Mayor Typed Name of Witness As to legal form: Witness: Bv: Donald J. Lunny,Jr. City Attorney Typed Name of Witness - 64 - Words str-ieRea are deletions, and words underlined are additions. CITY OF POMPANO BEACH through its Mayor, authorized to execute same by Commission action on the_dav of 2008. Witness: CITY OF POMPANO BEACH Bv: Bv: Signature Mayor By: By: Signature GARLAND KEITH CHADWELL CITY MANAGER Attest: Bv: (SEAL) MARY L. CHAMBERS CITY CLERK Approved As to Form: By: GORDON B. LINN CITY ATTORNEY STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of 2008, by as Mayor of the Citv of Pompano Beach, Florida, a municipal corporation, on behalf of the municipal corporation , who is personally known to me. NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA - 65 - Words str6cken are deletions, and words underlined are additions. TOWN OF SOUTHWEST RANCHES through its Mayor, authorized to execute same by Council action on the_day of 2008. TOWN OF SOUTHWEST RANCHES, FLORIDA By: MECCA FINK, MAYOR ATTEST: By: SUSAN A. OWENS, TOWN CLERK APPROVED AS TO FORM AND CORRECTNESS By: GARY A. POLIAKOFF, TOWN ATTORNEY - 66 - Words strieken are deletions, and words underlined are additions. CITY OF SUNRISE through its Mayor, authorized to execute same by Commission action on the day of , 2008. CITY OF SUNRISE, FLORIDA BY: Steven B. Feren, Mayor This_day of 2008. AUTHENTICATION: Felicia M. Bravo, City Clerk (SEAL) Approved as to Form and Legal Sufficiency Office of the City Attorney, Sunrise, Florida. Kimberly A. Register, City Attorney 10770 West Oakland Park Boulevard Sunrise, FL 33351 Telephone: (954) 746-3300 BY: Kimberly A. Register - 67 - Words strickeia are deletions, and words underlined are additions. CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on the_day of 2008. CITY OF TAMARAC By: Beth Flansbaum-Talabisco, Mayor Date: ATTEST: By: By: Marion Swenson, CMC Jeffrey L. Miller, City Manager Date: Date: Approved as to form and legal Sufficiency: By: Samuel S. Goren, City Attorney - 68 - Words stricl�e3 are deletions, and words underlined are additions. CITY OF WESTON through its Mayor, authorized to execute same by Commission action on the day of , 2008. CITY OF WESTON, through its City Commission ATTEST: By: Eric M. Hersh, Mayor Patricia A. Bates, City Clerk day of . 2008. BY: John R. Flint, City Manager day of 2008. Approved as to form and legality for the use of and reliance by the City of Weston only: BY: Jamie Alan Cole, City Attorney (CITY SEAL) day of 2008. - 69 - Words strieken are deletions, and words underlined are additions. CITY OF WEST PARK through its Mayor, authorized to execute same by Commission action on the day of 2008. CITY OF WEST PARK, through its City Commission ATTEST: By: Eric H.Jones, Jr., Mayor Esther Coulson, City Clerk day of , 2008. BY: Russell Benford, City Administrator day of 2008. Approved as to form and legality for the use of and reliance by the City of West Park only: BY: Bumadette Norris-Weeks, City Attorney (CITY SEAL) day of 2008. - 70 - Words strie-keR are deletions, and words underlined are additions. CITY OF WILTON MANORS through its Mayor, authorized to execute same by Council action on the day of , 2008. CITY OF WILTON MANORS, FLORIDA By: DONALD NEWTON, MAYOR ATTEST: APPROVED AS TO FORM: By: By: ANGELA D. SCOTT, CMC/AAE KERRY EZROL CITY CLERK CITY ATTORNEY _ 71 _ Words striekert are deletions, and words underlined are additions. EXHIBIT "A" ADDRESS AND NOTICE LIST Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 Broward County Office of Urban Planning and Redevelopment Department Broward County, Florida 218 South West 1,1 Avenue Fort Lauderdale, Florida 33301 City Manager City of Coconut Creek 4800 West Copans Road Coconut Creek, FL 33063 Citv Manager City of Cooper City 9090 SW 50th Place Cooper City, FL 33329 City Manager City of Coral Springs 9530 West Sample Road Coral Springs, FL 33065 City Manager City of Dania Beach 100 West Beach Boulevard Dania Beach, FL 33004 Town Administrator Town of Davie 6591 Orange Drive Davie, FL 33314 City Manager City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, FL 33441-3598 _ 72 _ Words st-rie-kea are deletions, and words underlined are additions. City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 City Manager City of Hallandale Beach 400 South Federal Highway Hallandale Beach, FL 33009 City Manager City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33022 City Manager City of Lauderdale Lakes 4300 N. W. 36 Street Lauderdale Lakes, FL 33319 City Manager City of Lauderhill 3800Inverrary Boulevard Lauderhill, FL 33319 Richard Coker Lazy Lake City Attorney 644 SE 5th Avenue Fort Lauderdale, FL 33301 City Manager City of Margate 5790 Margate Boulevard Margate, FL 33063 City Manager City of Miramar 2300 Civic Center Place Miramar, FL 33025 - 73 - Words stricken are deletions, and words underlined are additions. City Manager City of North Lauderdale 701 S.W. 71 Avenue North Lauderdale, FL 33068 City Manager City of Oakland Park 3650 N. E. 12th Avenue Oakland Park, FL 33334 City Manager City of Parkland 6600 University Drive Parkland, FL 33067 Town Manager Town of Pembroke Park 3150 SW 52nd Avenue Pembroke Park, FL 33023 City Manager City of Pembroke Pules 10100 Pines Boulevard Pembroke Pies, FL 33026-3900 Mayor City of Plantation 400 N. W. 73 Avenue Plantation, FL 33317 City Manager City of Pompano Beach 100 West Atlantic Boulevard Pompano Beach, FL 33060 Town Administrator with a copy to: Gary A. Poliakoff, Town Attorney Town of Southwest Ranches 3111 Stirling Road 6555 Nova Drive, Suite 305 Fort Lauderdale, FL 33312 Fort Lauderdale, FL 33317 - 74 - Words stficken are deletions, and words underlined are additions. City Manager City of Sunrise 10770 West Oakland Park Blvd. Sunrise, FL 33351 City Manager City of Tamarac 7525 N. W. 88 Avenue Tamarac, FL 33321-2401 City Manager City of Weston 17200 Royal Palm Boulevard Weston, FL 33326 Cih, Administrator City of West Park PO Box 5710 Hollvwood, FL 33083-5710 City Manager City of Wilton Manors 524 NE 21 st Court Wilton Manors, FL 33305 Staff Working Group Member The School Board of Broward County Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 Staff Working Group Member Broward County Office of Urban Planning and Redevelopment Department 218 South West 15, Avenue Fort Lauderdale Florida 33301 Staff Working Group Member Cite of Coconut Creek 4800 West Copans Road Coconut Creek, FL 33063 - 75 - Words str+eken are deletions, and words underlined are additions. Staff Working Group Member City of Cooper City 9090 SW 50th Place Cooper City, FL 33329 Staff Working Group Member City of Coral Sprigs 9530 West Sample Road Coral Sprigs, FL 33065 Staff Working Group Member City of Dania Beach 100 West Beach Boulevard Dania Beach, FL 33004 Staff Working Group Member Town of Davie 6591 Orange Drive Davie,FL 33314 Staff Working Group Member City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, FL 33441-3595 Staff Working Group Member City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 Staff Working Group Member City of Hallandale Beach 400 South Federal Highway Hallandale, FL 33009 Staff Working Group Member City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33022 Staff Working Group Member City of Lauderdale Lakes 4300 N. W. 36 Street Lauderdale Lakes, FL 33319 - 76 - Words stricken are deletions, and words underlined are additions. Staff Working Group Member City of Lauderhill 3800 Inverrary Boulevard Lauderhill, FL 33319 Staff Working Group Member Lazy Lake City Attorney 644 SE 5th Avenue Fort Lauderdale, FL 33301 Staff Working Group Member City of Margate 5790 Margate Boulevard Margate, FL 33063 Staff Working Group Member City of Miramar 2200 Civic Center Place Miramar, FL 33025 Staff Working Group Member City of North Lauderdale 701 S.W. 71 Avenue North Lauderdale, FL 33068 Staff Working Group Member City of Oakland Park 3650 N. E. 12th Avenue Oakland Park, FL 33334 Staff Working Group Member City of Parkland 6600 University Drive Parkland, FL 33067 Staff Working Group Member Town of Pembroke Park 3150 SW 52nd Avenue Pembroke Park, FL 33023 Staff Working Group Member City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines, FL 33026-3900 _ 77 _ Words stricken are deletions, and words underlined are additions. Staff Working Group Member City of Plantation 400 N. W. 73 Avenue Plantation, FL 33317 Staff Working Group Member City of Pompano Beach 100 West Atlantic Boulevard Pompano Beach, FL 33060 Staff Working Group Member Town of Southwest Ranches 6555 Nova Drive, Suite 305 Fort Lauderdale, FL 33317 Staff Working Group Member City of Sunrise 10770 West Oakland Park Blvd. Sunrise FL 33351 Staff Working Group Member City of Tamarac 7525 N. W. 88 Avenue Tamarac, FL 33321-2401 Staff Working Group Member City of Weston 17200 Royal Palm Boulevard Weston, FL 33326 Staff Working Group Member City of West Park PO Box 5710 Hollywood, FL 33083-5710 Staff Working Group Member City of Wilton Manors 524 NE 21 st Court Wilton Manors, FL 33305 78 _ Words strict are deletions, and words underlined are additions. APPENDIX A-DEFINITIONS For purposes of this Appendix the following terms phrases words and their derivation shall have the meanings given herein when not inconsistent with the text. Words used in the present tense include the future tense words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is mandatory and the word "may" is permissive. a. Adjacent School Service Areas: Effective school boundaries located next to each other, which touches along one side, and not only at a point of the outside boundary. b Capital Improvements Element: The part of a Comprehensive Plan that outlines principles for construction extension or increase in capacity of public facilities as well as a component which outlines principles for correcting existing public facility deficiencies which are necessary to implement the comprehensive plan. C. Charter School: An alternative public school authorized pursuant to Section 1002.33, Florida Statutes. The school is built to meet the State Requirements for Educational Facilities standards when used as a Proportionate Share Mitigation Option and is operated by a not-for- profit entity, under a charter with the local school district. d. Concurrency Service Areas: For the sole purpose of this Amended Agreement "concurrency service areas" shall mean the geographic area or effective school boundary for each school level cohere public school concurrency LOS standard will be measured when an application for residential development is reviewed for public school concurrency purposes e Comprehensive Plan: A legal document, or series of documents, required by Florida Law (Sections 163 3177 and 163.3178 Florida Statutes, as amended) to be adopted by Local Governments The plan should consist of materials in such descriptive form, written or graphic, as may be appropriate to the prescription of principles guidelines and standards for the orderly and balanced future economic social physical environmental and fiscal development of the jurisdiction Each comprehensive plan must contain several "elements" that address key issues such as land use capital improvements public school facilities traffic circulation, sewer and solid waste potable water,housing and intergovernmental coordination. f Consistency Compatible with and furthering the goals, objectives and policies of the Comprehensive Plan Elements and this Amended Agreement See Section 163.3194, Florida Statutes, as amended. g Core Facilities: The media center, cafeteria gymnasium, toilet facilities and circulation space of an educational facility. - 79 - Words stricken are deletions, and words underlined are additions. h. Cost per Student Station or Student Station Cost Factors: The statewide average construction costs for facilities serving each instructional level, for relocatable educational facilities, for administrative facilities and for ancillary and auxiliary facilities as computed annually by the Florida Department of Education, as defined in Section 1013.64, Florida Statutes as amended. i. Declaration of Restrictive Covenant: The binding agreement that is executed and filed against a property by its property owner that addresses the proportionate share mitigation approved by the School Board and recorded in Broward County public records. j. Developer: Any person or legal entity, including a governmental agency, submitting an application to engage in land development. k. Development Order: Any order granting, denying, or granting with conditions an application for a development permit, as provided in Section 163.3164(7), Florida Statutes, as amended. 1. Development Permit: As provided in Section 163.3164(8), Florida Statutes, as amended, includes any building permit, subdivision approval zoning, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. In. District Educational Facilities Plan: The comprehensive planning document prepared annually by the District and submitted to the Office of Educational Facilities and SMART Schools Clearinghouse and the affected local governments, as defined in Section 1013.31, Florida Statutes, as amended. n. Dwelling: A house, apartment, or condominium unit, trailer, group of rooms, or a single room intended for occupancy as separate living quarters with direct access from the outside of the building or through a common hall and with complete kitchen facilities for the exclusive use of the occupants, including rental units contained in a multi-unit structure or complex which are licensed by the State Department of Business Regulation, Division of Hotels and Restaurants, as "apartments", and "rental condominiums". o. Educational Facility: The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve primarily the educational purposes and secondarily the social and recreational purposes of the community, as defined in Section 1013.01, Florida Statutes, as amended. p Exempt Local Government: Pursuant to Section 163.3177(12)(b), Florida Statutes, as amended a Municipality that is not required to participate in public school concurrenev due to meeting all the requirements for having no significant impact on public school attendance. - 80 - Words stricken are deletions, and words underlined are additions. q. Finding of Adequacy: A determination by the applicable Local Government(s) that an application is in compliance Nvith the applicable standards and minimum requirements of Chapter 5, Article IX, Division 1, Broward County Land Development Code as amended. r. Flexibility Units: Those residential units which maybe redistributed within specific geographic areas through the local plan amendment process and the Broward County Planning Council recertification process as further defined within the Administrative Rules Document: Broward County Land Use Plan. S. Florida Inventory of School Housing (FISH): The numbering system used by the Department of Education for parcels buildings, and rooms in public educational facilities or as further defined in Section 6A-2.0111, Florida Administrative Code as amended. t. Full-Time Equivalent (FTE) Student Count—Fall Semester: A fall semester count of all "full-time equivalent' students, pursuant to Chapter 1011.62, Florida Statutes. as amended. U. Financial Feasibility: An assurance that sufficient revenues are currently available or will be available from committed funding sources for the first three (3) years, or will be available from committed or planned funding sources for years four (4) and five (5), of a five-year capital improvement schedule, and as further defined in Section 163.3164(32) Florida Statutes, as amended. V. Functional Equivalent: See "Plat, Functional Equivalent" or "Site Plan, Functional Equivalent". W. Land Development Code: An ordinance or ordinances enacted by a local goveming body for the regulation of any aspect of development, including zoning or rezoning, subdivision, building construction or sign regulation or any other regulation controlling the development of land. X. Level of Service Standard (LOS): A level of service at which a public school facility is expected to operate, as defined in Section 163.3180, Florida Statutes, as amened. An indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility. Y. Local Government: Broward County and its Munidl2alities. Z. Lot: A parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the public records of Broward County, Florida. aa. Maximized Utilization: The use of student capacity at each school to the greatest extent possible based on the adopted level of service standard and the permanent capacity, - 81 - Words stricken are deletions, and words underlined are additions. taking into account special considerations such as, core capacity, special programs, transportation costs geographic impediments, diversity programs, and class size reduction requirements to prevent disparate enrollment levels between schools of the same type (elementary, middle high) and provide an equitable distribution of student enrollment district-wide. bb. Municipalities: Those cities, villages and towns created pursuant to general or special law authorized or recognized pursuant to Section 2 or Section 6, Article VIII, of the State Constitution and located in Broward County except those that are exempt from the Public School Facilities Element, pursuant to Section 163.3177(12) Florida Statutes, as amended. CC. Oversight Committee: Committee established pursuant to Article 11, Subsection 11.1 of this Amended Agreement, and primarily responsible for the monitoring of the implementation of the Amended Interlocal Agreement for Public School Facility Planning. dd. Permanent Capacity: Permanent student station multiplied by the utilization factor identified in FISH. ee. Permanent Student Station: The floor area in a permanent classroom required to house a student in an instructional program multiplied by the utilization factor, as determined by the Florida Department of Education. ff. Plat: A map or delineated representation depicting the division or subdivision of a tract or parcel of land(s) into lot( block(s) parcel(s) tract(s) or other portions thereof, however designated. gg. Plat Functional Equivalent: May include, but not be limited to, the amendment to a plat the replat or replattnng of an otherwise existing platted tract or parcel of land(s). hh Platted Land: Any land which can be referenced to an official plat book and page recorded in the public records of Broward County, Florida. ii Program Capacity The capacity of a school once the special space needs for programs including but not limited to English as a Second Language (ESOL), special programs for the emotionally handicapped autistic and varying exceptionalities have been addressed. jj Proportionate Share Mitigation: A developer improvement or contribution identified in a binding and enforceable agreement to satisfy the additional student impact created b ' proposed development containing residential units on deficient public school facilities as set forth in Section 163.3180(13)(e) Florida Statutes, as amended. kk Proposed New Residential Development: Any pplication for new residential development or any amendment to a previously approved residential development which results in an increase in the total number of housing units. - 82 _ Words stricken are deletions, and words underlined are additions. 11. Public Facilities: Major capital improvements including but not fimited to transportation sanitary sewer, solid waste drainage potable water, education parks and recreation facilities mm. Public School Facilities Element: The part of a Comprehensive Plan that addressees public educational facilities. The element must be based upon data and analyses that address how level of service standards will be achieved and maintained and must contain goals which establish the long-term end toward which public school programs and activities are ultimately directed. nn. Public School Impact Application: An application for proposed development submitted by a developer, which would impact public school facilities. oo. Residence: A building or part thereof, designated and used as the primary dwelling place for a person or persons, containing living, sleeping, kitchen and sanitary facilities pp. Residential Development: Any development that is comprised of dwelling units in whole or in part, for permanent human habitation. qq. Reserve Units: Residential units as defined in the Administrative Rules Document of the Broward County Planning Council rr. School Board: The School Board of Broward County Florida the governing body of the School District a body corporate pursuant to Section 230 21, Florida Statutes as amended. SS. School Boundaries: The geographic area, which identifies public school assignment as annually approved by the School Board and as further defined by School Board Policy 5000 as amended. tt. School District (or District): The District for Broward County created and existing pursuant to Section 4, Article IX of the State Constitution. uu. Site Plan, Functional Equivalent: May include, but not be limited to, administrative or otherwise examination of a proposed site plan by applicable regulatory staff members for the purpose of verification of development regulatory compliance. Such review is commonly referred by the Local Governments as being conducted by the Development Review Committee or the Plans Review Committee. VV. Staff Working Group: Group comprised of staff representatives from the School Board, Broward County and the Municipalities established pursuant to Article 11 Subsection 2.1 of this Amended Agreement primarily to coordinate implementation of the provisions of this Amended Agreement. - 83 - Words st-riekert are deletions, and words underlined are additions. ww. Tentative District Educational Facilities Plan: The comprehensive planning document prepared annually by the District and submitted to the Office of Educational Facilities and SMART Schools Clearinghouse and the affected Local Government(s) as defined in Section 1013.35, Florida Statutes, as amended. xx Type of School: Schools providing the same level of education i.e. elementary, middle or high school. yy. Triparty Agreement The binding agreement between the School Board Broward County and a Municipality proposing development with a residential component that addresses the proportionate share mitigation proposed by the Municipality and accepted by the School Board to address the student impact anticipated from the development and recorded in Broward County public records. zz Use Residential: A use which constitutes the occupancy of a building for dwelling purposes either permanently or temporarily except for hotels motels timeshares or other public lodging establishments. aaa Utilization: A percentage derived from the comparison of the total number of enrolled students identified in the EFPI Report to the total number of permanent capacity at a facility within a school boundary. - 84 - Words stricken are deletions, and words underlined are additions. Ayyendix B- CALENDAR OF IMPORTANT DATES Hard Dates December 31, 2007 Last day to vest approved and unexpired plats and site plans (or functional equivalent). January 15, 2008 Cities must have adopted Comprehensive Plan amendments for public school concurrency. February 1, 2008 Public School Concurrence becomes effective- Broward County and each Municipality must have adopted public school concurrence provisions into their Land Development Regulations and School Board must have amended its School Board Policies to include public school concurrence provisions. Annual Recurring Dates Lune 30 Superintendent submits Tentative District Educational Facilities Plan to Broward County and each Municipality. August 31 Broward County and each Municipality transmit Growth and Development Trends Report to the School District. September 30 School District transmits Adopted District Educational Facilities Plan to Broward County and each Municipality. October 1 School District submits District's public school concurrence data and related analysis to Broward County and each Municipality. December 31 Staff Working Group provides the written report regarding implementation of the Interlocal Agreement in the preceding calendar year and the effectiveness of school concurrency to the Oversight Committee. Ongoing Dates 15 days after adoption County and each Municipality shall provide data to the School District regarding approved residential development. - 85 - Words stricken are deletions, and words underlined are additions. APPENDIX C Public School Concurrenry Review Process Flowchart December 1, 2007 2i I t'w : � ongx..X.m�ma "PYt"' Y! .b x1lvM9 MvI T`t'l"� . ijgsrp�yy �t, x ..eW paxmx � snw wm,�^: S,sp q ro I aramnlnaenki:�' sa.Form�".-. x, ,a,, aNnab!xmxr T? x+.ncq.x:x+' I Mwxi?�rt1s:. :1 �u a rme.aam FP§�v �..u:vR vY SfiHnel� � T'3!M ' Y ` X 1n YaMI �e iLM kp„ Nmns� I b wwm^y X la V 4411160 n Xo-a�� u v(Poi�IdYs' bu Ywae mnn reuLem M 4eh 4 Iml Grtmmem xYa/ Ye&n Ill(>)A k1tN bW reY i IneMl llpr..mem ,E^w'1 imp m Appendix C- PUBLIC SCHOOL CONCURRENCY REVIEW PROCESS FLOWCHART (To Be Added) - 86 - Words striekea are deletions, and words underlined are additions. Appendix D - ACRONYM LIST BCLDC Broward County Land Development Code CIE Capital Improvements Element CO or CO's Certificate of Occupancy CSA Concurrence Service Areas DEEP District Educational Facilities Plan DOE Department of Education EFPI Enrollment and Facilities Planning Inventory Report FAC Florida Administrative Code FISH Florida Inventory of School Housing FTE Full-Time Equivalent LDC Land Development Code LDR Land Development Regulations LOS Level Of Service Standard LPA Local Planning Agency PSFE Public School Facilities Element PSIA Public School Impact Application SCAD School Capacity Availability Determination Letter SREF State Requirements for Educational Facilities SWG Staff Working Group - 87 - Words strieker3 are deletions, and words underlined are additions. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: January 22, 2008 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �—n�� Corinne Lajoie, AICP, Principal Planner `"T D SUBJECT: Interlocal Agreement between the Broward County, the Broward County School Board and the City of Dania Beach. On March 30, 2007, staff informed the City Commission of a pending Interlocal Agreement with Broward County and the School Board requiring the City to enforce school concurrency as part of the site plan review and plat process. Today, school concurrency is only evaluated when the City submits a land use plan amendment requesting increase in residential density. Effective February 8, 2008 all residential projects (including those not proposing any increase in density) will be required to comply with school concurrency in order to obtain site plan approval from the City Commission. This will force developers who add students to overcapacity schools to mitigate the impacts in order for the site plan to remain effective. Susan Trevarthen, Special Land Use Counsel to the City of Dania Beach, has previously prepared a summary describing how the process works, as well as a time-line for the City to comply (See attached memo dated April 26, 2007). Staff has requested Ms. Trevarthen brief the City Attorney on legal issues regarding the contract. STAFF RECOMMENDATION Mr. Trevarthen recommends approval of the School Interlocal Agreement. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT To: Mayor and City Commission Ivan Pato, City Manager Laurence Leeds, Director, Community Development Via: Thomas Ansbro, City Attorney From: Susan L. Trevarthen, Esq., AICP, Special Land Use Counsel Re: Commission Review of Draft Broward County School Interlocal Agreement Date: April 26, 2007 ------------------------------------------------------------------------- I. Introduction As previously noted in our memorandum of March 20, 2007 (see attached), the Florida Legislature recently mandated that public school concurrency be adopted by all Florida school boards, counties and non-exempt municipalities by the end of 2008. See, Sections 163.31 770 2)(i) and 163.3180(1 3), F.S. Broward County and the Broward County School Board are seeking initial comments from municipal governing bodies. This memorandum provides a more detailed summary of the changes to the School Interlocal Agreement (the "Revised Agreement"), which are necessary to implement public school concurrency. A schedule for meeting this mandate is attached. II. Summary of the State Mandated Amendments to the School Interlocal Agreement. School concurrency will be tested at the time of residential subdivision or site plan approval (or functional equivalent), and is a function of the size, type and location of the development. School concurrency will replace the "voluntary mitigation" policy that the Broward County School Board has been applying for the past several years although an option for mitigation at the time of comprehensive plan amendment or rezoning remains available. Under the Revised Agreement, development that is neither vested nor exempt must demonstrate that public school capacity is available to meet their impacts at the adopted Level of Service standard. A. Level of Service. Public school facilities will be added to the required concurrency review of development. Just as a road might be required to be maintained at Level of Service "D," public school facilities will also be required to be maintained at a Level of Service standard. "Level of Service" or "LOS" means "an indicator of the extent or degree of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility." The draft Revised Agreement proposes a LOS standard, which must be maintained for each Concurrency Service Area, at 100% of permanent Florida Inventory of School Houses' ("FISH") capacity for every elementary, middle, and high school within the County.z B. Concurrency Service Area. In order to ensure that school concurrency is implemented, the LOS standard must be measured within a specific area ("Concurrency Service Area" or "CSA'). The statutes and draft Revised Agreement define CSA as "the geographic area or effective school boundary for each school level where the public school concurrency Level of Service standard will be measured when an application for residential development is reviewed for school concurrency purposes." In the County, it is proposed that each specific school boundary (elementary, middle, and high) will be its own CSA. C. School Concurrency Process.. . When a developer submits an application for a residential plat or site plan approval, the local government will forward the request for school concurrency review to the School Board. The School Board has 45 days to complete its public school concurrency determination, which consists of three steps and is performed three times: for elementary school impacts, middle school impacts and high school impacts. The first step requires determining: (i) which school attendance boundaries include the proposed development, (ii) the existing LOS at those schools (CSAs), and (iii) the potential impact this development will have on the LOS for each affected CSA. If the School Board determines that any affected CSA will be operating below the adopted LOS standard (i.e., 100% of FISH) because of this development's impacts, the School Board will then move to the second step. The second step requires the School Board to review the 5 year Educational Facilities District Plan to determine if there is an improvement scheduled in the first 3 years of that plan that will address the impact of the students proposed by the development. Only if there is not available capacity at the affected CSA or in the first 3 years of the planned improvements for that CSA will the School Board move to the third step, which is to look at CSAs that are contiguous to the affected CSA, and determine if there is available capacity in any of those contiguous CSAs. If there is no capacity in the affected CSA, no plan to provide such capacity within the first 3 years of the 5 year plan, and no capacity at any contiguous CSA, then the School Board will determine that there is not adequate school capacity for that level of school. At that point, Florida Inventory of School Houses (FISH) is the state's system of measuring the capacity of public educational facilities. 2 Notably, to maintain the adopted LOS standard, the draft Revised Agreement allows the School Board to utilize relocatable classrooms (portables)on a temporary basis as an operational solution,if necessary, during the replacement or expansion of School Board facilities or in case of a disaster or emergency. 2 the developer has the following options: (1) wait until adequate capacity exists, such as when a programmed improvement will provide the needed capacity in Years 4 or 5 of the plan; (2) phase its development so that the impacts can be accommodated; or (3) provide proportionate share mitigation to offset the impacts of the proposed development that cannot be accommodated today. If no mitigation is offered by the developer or the School Board decides not to accept the mitigation and place it on its 5 year plan, the City must defer or deny the application for plat or site plan approval. This rule applies even if no change is sought to the zoning or the future land use classification. D. Proportionate Share Mitigation. If capacity is not available, the developer will have an opportunity to propose proportionate share mitigation. Under the draft Revised Agreement, the following four mitigation options are available to the developer: (i) dedication of land; (ii) payment for the construction of schools or additions; (iii) provision of mitigation to a municipal charter school that meets certain requirements; and (iv) other options proposed by the applicant that are accepted by the School Board. Notably, mitigation that is proposed to address the deficiency in capacity is required to equal at least one modular or permanent classroom under the draft Revised Agreement, because: (1) the School Board must add all mitigation to its 5 year plan at the next update following acceptance of that mitigation, and (ii) school capacity cannot be provided in half- classrooms. If the developer's impacts, are less than one classroom, the draft Revised Agreement provides for mitigation banking, which allows the developer to be reimbursed by other subsequent developments that benefit from that classroom. Mitigation requiring the acquisition of land is required to include a land cost factor. If the mitigation proposal is accepted, it must be ensured by a binding agreement with the developer, School Board, and the City, which must be entered into prior to plat or site plan approval. If the proposal is not accepted, then the application must be denied or deferred. Payment for such mitigation shall be within 3 months after site plan approval and 6 months after plat approval.3 A developer may request a refund for monies paid within one (1) year of payment if: (i) the proposed development is not constructed in any part; or (ii) the plat or site plan (or functional equivalent) approval expires and the approval has not been extended; and (iii) the monies have not been committed or used by the School District to defray the school impacts originally anticipated to occur as a result of the proposed development. E. Vested and Exempt Development. Developments that are already required to provide mitigation for school impacts, such as the City's Local Activity Center (LAC), are vested from these requirements, along with previously approved Developments of Regional Impact and unexpired plats and site plans 3 It should be noted that the Revised Agreement is likely to be amended to provide that payment is due 6 months after both types of approvals, or at a time otherwise agreed in the proportionate share mitigation agreement. 3 approved prior to February 2008. Developments that result in an impact of less than one student, which could include several dwelling units depending on their size and type, are exempt from the requirements, as is age-restricted elderly housing. F. Failure to Enter into the Revised Agreement. The City does have the ability to negotiate certain terms within the Revised Agreement with the County, School District, and 25 other municipalities who are parties to the Agreement,4 but failure to execute an Agreement and implement a uniform system of school concurrency may cause sanctions to be imposed against the City and the School Board. These sanctions include at least 5% of the state funds relating to the increase in the capacity of roads, bridges, or water and sewer systems, as well as grants. Also, the City could lose the ability to approve any plan amendment that increases residential development. The School District could lose at least 5% of the school construction funds from the Department of Education for a failure to execute the Revised Agreement and implement school concurrency. III. Conclusion. The Revised Agreement and the various comprehensive plan amendments will be transmitted to the Florida Department of Community Affairs for review over the summer, so that they can be adopted by the end of 2007. By February 1 , 2008, the revised School Interlocal Agreement must be executed, the various plan amendments must be effective, and the implementing land development regulations must be adopted. 4 The Revised Agreement provides that the approval of 75%of the municipalities representing at least 50%of the population within the County is sufficient to make the Agreement effective or to amend it. 4