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Home My WebLink About63300 - AGENDAS - City Commission Packets AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MAY 27, 2008 — 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 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 OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi Avram Skurowitz, The Leon & Leona Brauser Maimonides Academy 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Broward County Commissioner John Rodstrom - Presentation of a check for the County's contribution to building the Dania Beach Library (Continued from May 13, 2008) 4.2 Recognition of Gary Gaztambide, for 22+ years of service to the City of Dania Beach —BSO Chief Donn Peterson 4.3 2008 Comprehensive Emergency Management Plan - Deputy Fire Chief Michael Cassano 4.4 Special Event Approval for the Neptune Fireworks 4ch of July Sales to be held at 768 E. Dania Beach Boulevard from June 10, 2008—July 10, 2008 Dania Beach City Commission Agenda—May 27, 2008 Page 2 of 5 4.5 Fee Waiver Request for the Collins Elementary School Awards Banquet to be held at I.T. Parker Community Center on May 23, 2008 (after-the-fact)—Kurt Ely 4.6 Fee Waiver Request for the Lion's Club of Dania Beach event to be held at I.T. Parker Community Center on August 1, 2008 —Kurt Ely 5. PROCLAMATIONS 5.1 Code Enforcement Officers' Appreciation Week 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 Conmrission 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 May 7, 2008 City Commission Workshop Approve minutes from the May 13, 2008 City Commission Meeting Approve minutes from the May 15, 2008 Abatement Hearing 7.2 Travel Requests: Request of Nicholas Lupo, Code Compliance Manager, to attend the Florida Association of Code Enforcement (FACE) Conference and Education Seminar in Daytona Beach, FL from June 18- 21, 2008, for certification purposes (Estimated cost $851.80; remaining budget $2,969.20) Resolutions 7.3 RESOLUTION#2008-083 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPOINTING IVAN PATO AS CITY MANAGER; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE; PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE Dania Beach City Commission Agenda—May 27, 2008 Page 3 of 5 CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING SUPPORT FOR THE DEVELOPMENT AND OPERATION OF THE DR. BOBBY JONES COMPLEX FOR EDUCATION AND PRESERVATION IN THE CITY OF LAUDERHILL, WHICH COMPLEX WILL HAVE A DIRECT ECONOMIC AND CULTURAL IMPACT THROUGHOUT BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from April 8, 2008,April 22, 2008, and May 13, 2008) 9.2 RESOLUTION#2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER, APPROVED BY RESOLUTION 2007-208 ON OCTOBER 23, 2007, SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from May 13, 2008) Dania Beach City Commission Agenda—May 27, 2008 Page 4 of 5 9.3 RESOLUTION#2008-085 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOSEPH HALL, DESIGN ENGINEER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF THE PROPERTY OWNER REGINA NOVAES PERIM REPRESENTING VENEZA VILLAS LLC, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON NOVEMBER 13, 2007 AND EXPIRES ON MAY 28, 2008) RELATING TO THE APPROVALS OF VARIANCE VA-49-06 BY RESOLUTION NO. 2006-195 AND THE SITE PLAN REQUEST SP-10-06 BY RESOLUTION NO. 2006-197, FOR PROPERTY LOCATED AT 4432 SW 52ND STREET, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION#2008-086 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND SETBACK WAIVER APPROVED BY RESOLUTION 2007-132 ON JULY 24, 2007, SUBMITTED BY MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30r" AVENUE AND SOUTH OF STATE ROAD 84, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Bertino 10.3 Commissioner Flury 10.4 Vice-Mayor Castro 10.5 Mayor Jones 11. DISCUSSION AND POSSIBLE ACTION 11.1 Design plans for the Dania Westlawn Cemetery and Dania Memorial Park Cemetery Mausoleum projects (Continued from May 13, 2008) 11.2 Discussion on disposition of City property at 608 W Dania Beach Boulevard Dania Beach City Commission Agenda—May 27, 2008 Page 5 of 5 12. APPOINTMENTS 12.1 Airport Advisory Board(15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Grant Advisory Board (5 Members — 1 per Commissioner— Term consistent with the duration of the term of the appointing Commissioner) Mayor Jones— 1 appointment Vice-Mayor Castro— 1 appointment Commissioner Anton— 1 appointment Commissioner Bertino— 1 appointment Commissioner Flury— 1 appointment 12.3 Human Relations Board(10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Vice-Mayor Castro— 1 appointment 12.4 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, June 4,2008 —6:00 p.m. CRA Board Meeting followed by a City Commission Workshop— Site Plan Review Tuesday, June 10, 2008—7:00 p.m. City Commission Meeting Wednesday, June 11, 2008 —9:00 a.m. Retreat—I.T. Parker Community Center Tuesday, June 24, 2008 - 7:00 p.m. City Commission Meeting 14. ADJOURNMENT rj City of Dania Beach Department of Administration 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office: (954)924-3606 Fax: (954)921-2604 The following attachment is an application for a Special Event that will be taking place on private property. If you have received this packet and your name or discipline has been checked on this cover sheet, please review the application and make any necessary comments and/or requirements, if any, at the bottom of this page, or attach a comment sheet. Please return this sheet, the application and any additional comment sheets to Kathy Herman in the Administration Department at your earliest convenience. Event Name: Neptune Fireworks 4th of July Sale Event Date: June 10, 2008 to July 10, 2008 [ ] Sean Brown [ ] Mike Cassano [ ] Dominic Orlando [ ] Corinne Lajoie [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald [ ].Chief Donn Peterson - BSO [vj Louise Stilson, City Clerk for agenda [ ] Kristen Jones/Glenn Morris COMMENTS/REQUIREMENTS: [ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ]NA APPROVAL SIGNATURE OF REVIEWER: DATE: MATC MIOYMIC1 ITCH. City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION - Events on "PRIVATE" PROPERTY 1 Please PRINT or TYPE Event Name: nIC�D7LCi1e firework' Sales -oY ACIy y/ a008 'Brief Description of the Event: 7e/n)o in(S-fall 0 YOX&O 6) 3O X&o Address/Location of Event: 7&9 G 7)o�n is 2? d C�1 l V Event Coordinator: Zelda 8 CL)4 e1C/J Phone#1: 9 S`/- 9a 0- (0 7) 0 E-mail Address: Phone#2: Fax: Additional Contact Person for the Event: Phone#1: E-mail Address: Phone#2: - /eT Fax: Organization or Sponsor of Event: /V t9 (Ul e EreW ar K.$ Address: 76 L? D Qn I G Q c,1i /3 l U C City, State, Zip Code: b ar) )a 3 eh . F/ Phone: 9VI- 9o20' (o770 Fax: 9S !- 9a0-6M Cell: Is this a Non-Profit Organization? [ ] Yes C4 No Tax ID#: Corporation Name(As it appears in the Articles of Incorporation): JV� lune f1retoorks Date of Incorporation: 02Z/01/ 9 9'/ State of Incorporation: F/ori ola Federal ID#: .5-9- 6237V IQ Authorizing Official for the Organization: Phone#1: E-mail Address: Phone#2: Authorizing Official for the Organization: Phone#1: E-mail Address: Phone#2: Special Events Application-Page 1-Rev.FEB2006 Property Owner: _E4zh(_iK *Is a letter of consent submitted with this application from the property owner to the City of Dania Beach indicating that consent is given to the event sponsor to host this event on the property of the owner? W Yes [ ] No *Please Note—A letter of Consent is required for the approval of this application. Will any portion of this event take place on Public or City Property? ( ] Yes pQ No Will there be a charge for admission? [ ] Yes bQ No If yes, how much? Has this event been held in the past? Qa Yes ^�[ ] No If So, Indicate the city location of last event: foil lL( B eo-CA *Is the event to take place: [ ] Indoors [ ] Outdoors pQ Both *Number of Expected Daily Attendants: &0 (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 4411010 8 9 :00 .4/n 9-'Go la /12 a '7 o 08 : ci .afrr :00 F'/n is *Anticipated Date and Time to Begin Set-Up: &Z 9 0 9 /9/Yl— cS )OM *Anticipated Date and Time for Completion of Break-Down: 7 U 8 9 fs<m—Sf M *Do you have a site plan for the event to be submitted with this application? D1 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 t4 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. Special Events Application-Page 2-Rev.FEB2006 *Are you requesting to fence the event? [ ]Yes pQ No Please Note—You must identify any fencing on the site plan. *Will Canopies(No Sides) be used for this event? [ ] Yes [ ] 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 [ ] No *Please Note — All tents in excess of 200 square feet [Per NFPA 13able 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.) [ ] Yes [ ] No *How will this electricity be supplied? N 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 pQ No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): *Pleasespecify the hours of entertainment: DAY DATE START TIME END TIME TOTAL#OF HOURS *Will a stage(s) be used in this event? [ ] Yes [ ] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [ ] 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. Special Events Application—Page 3—Rev.FEB2006 Will there be concessions or sales of food at this event? [ ] Yes bd No Please specify: *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors?[ ] Yes D4 No *If so, indicate the type of appliance(s)to be used and the number of each appliance to be used: [ ] 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 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 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 Dd No Please Note — An original certificate of liquor liability insurance is required to be submitted with this application. If Yes, Please Specify Types of Alcohol to be Sold: [ ] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be alcohol given away at this event? [ ] Yes [ ] No Please Specify Types of Alcohol to be given away: [ ] N/A [ j Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [ ] N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar [ j Beer Tub [ ] Table Service Other: Will there be retail sales at this event? Da Yes [ j No Please Specify: 6re0c).yK_S Special Events Application—Page 4-Rev.FEB2006 *Will there be any carnival rides, mechanical or vehicular rides,or animal rides at this event? [ ] Yes N No *If yes, please describe: What is the name of the vendor or vendors providing the rides? [ ] N/A 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 Insurance with this application? [ ] Yes bd No *Please Note—An original Certificate of Liability 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 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? [ j Yes Did No *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections. 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, 1. 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 W No *Please Note- Bleachers and Grandstands may have to meet special requirements. Locations must be indicated on the site plan. Are portable sanitary facilities being provided for this event? [ ] Yes Do 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? [ ] Yes po No Please No — Any questions regarding temporary signage should be directed to Code Enforcement, (954)924-3646. Are there any services being requested from the City of Dania Beach? [ ] Yes pQ No If yes, please explain: *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: *Indicates special attention Fire Prevention. Special Events Application-Page 5-Rev.FEB2006 BSO DETAIL REQIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriffs 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 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. Q Signature of jt9blicant Title S�ra/O� Date Special Events Application-Page 6-Rev.FEB2006 TNT Fireworks 6 768 E.Dania Beach Blvd. ®" Dania Beach,FL 33004 ` _ (rap 964.920.6770 (Fox)954.920.6878 - WMN Mtriraworks com i 1 S��UNG BBANG? City of Dania Beach Building Department 100 West Dania Beach Blvd Dania Beach, Florida 33004 To Whom It May Concern: Neptune Fireworks will be holding our annual Firework Sales beginning 6/10/08- 7/10/08. We have hired Tents n Events to install temporary tents for the event. I, Itzhak Dickstein, give Tents N Events the authority to apply for all necessary permits needed for the event. If you should require more information, please contact me at 954-920-6770. Thank you for your cooperation in this matter. With regards, Itzhak Dickstein :A I Al y%yJi/] ^JV I i ', 7 " -H -F EXISTING PAIKMG I Q �IeiING GL FENr.E_ \_ ILL 0 4 EXISTNG ASPHALT PAVEMENT ca EXISTING PAWNM f I I Fire Hydrant • I� 'I ExIKS1TMG KPIARKING U LL2 �1 ul 09 x 0Y 09 x 06 _ I CD 7 9Z x 6 a � c Z to ,� 81GN O cl Y m 7 OI d O L U. C O N OM U I O c6 V .a LL Co EX ST 3 DING - -�- I `o •C 1 STORY c ! v N 3 f6 C C N N N 4) LLj0 a0 o z coN = ; o 0 � 3do 4) a d EXISTING PARKING 00 2 N !V IL y O O O T EXISTING 3 j ASPHALT I d •� � PAVEMENT lL Q ' EXISTNG k ASPHALT C N O PAVEMENT EXISTING PARKING N C Q/ STA®I W 0 9 x 25 TENTS N EVENTS, INC. 201 SW 12th Ave. Pw parw Beach,FL 33069 r T-9'Leg Fn9F( \ r Legend: fve•,lee]eprxe en.e„ Info 9muntla(epprox. 30 tle9�ee angle No Smoking G Exit Sign Ash Cans p�4 Fire Extinguisher DOS Frame Work: All tubing is 2" aluminum (125 inch) with steel hardware ID 1.35 inch OD 1.73 Tie Downs: 1 1/8 inch steel spikes 42 inches long 3/8 inch poly marine rope ACORD CERTIFICATE OF LIABILITY INSURANCE OPID DATE(KIMo/,1D/07 TEFL001 10/15/07 PROD CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ARA Insurance Services HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1102 NW Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ansas City MO 64150 Phone: 800-821-6580 Fax:816-474-1931 INSURERS AFFORDING COVERAGE NAICft INSURED INSURER A ev,0oxim imusanc cowpany 37257 INSURER B. Tents 'n' Events INSURERC 201 S.W. 12th Ave INSURER D. Pompano Beach FL 33069 INSURER E COVERAGES THE POLICIES OF.INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING MY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT 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 POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR1 TYPE OF INSURANCE POLICY NUMBER DATE(MMIDIC") DATE(MI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIALGENERALLIABILITY H840904191-01 10/07/07 10/07/08 PREMISES(Ea occurence) $ 100,000 CLAIMS MADE z OCCUR RED EXP(Any one parson) $ 5,000 PERSONA.8 ALV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 POLICY F7 jECaT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per acodenl) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ MY AUTO OTHER THAN EAACC $ ALTO ONLY. AGG $ EXCESSNMSRELIALIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ 8 DEDUCTIBLE $ RETENTION $ IS WORKERS COMPENSATION AND I TORY LIMITS JO ER EMPLOYERS LIABILITY MY PROPRIETOR/PARTNER/EXECU➢VE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE-EA EMPLOYEE $ If vas,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Rental/Sales Inv H840904191-01 10/07/07 10/07/08 Blanket special DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION CITDANI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRTFTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Dania IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 100 W. Dania Beach Blvd. REPRESENTATIVES. Dania Beach FL 33004 AUTHORIZED REPRESENTATIVE ARA Insurance Services ACORD 25)2001108) ©ACORD CORPORATION 1988 1 GIV I JIVCV ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1DATE 0/10107Dmv1 PROD CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Cypress Insurance Group BO-CL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Drawer 9328 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dirt Lauderdale, FL 33310-9328 a54 771-0300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA; Associated Industries Ins.Company Tents 'N Events, Inc. INSURERB Andrew Brothers LLC INSURER C. 201 SW 12th Avenue INSURER D' Pompano Beach, FL 33069 INSURERS 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 CONTRACT 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 POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD-1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR h'DATE MM/DDY DATEM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDpR I $ CLAIMS MADE 7OCCUR MED I(Any one person) $ PERSONAL B AOV INJURY S GENERAL AGGREGATE S GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANV AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per ecddenr) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE 3 OCCUR CLAIMS MADE AGGREGATE $ 8 DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND TWC3145070 10/09/07 10/09/08 X TWORC SYLIMIT IER OTH- EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1 OO 000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT s500,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Workers Compensation applies to Florida employees and operations only. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Dania Beach DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN 100 West Dania Beach Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Dania Beach, FL 33004 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE ACORD 25(2001108) 1 of 2 #M67864 SM o ACORD CORPORATION 1988 F& 'COLLECTION DIVISION WOkWD CUTY, FLORIM 15DM.0001 of OWI N o 711 fD7 For ',,711 7 W a� �a P ' - M UPI*k u .92 o LLZm m.�E p f " x F o ? C) fn p z 4�e oo< ti M Go N ..O o 1"1 1 F-SWS z CO aal r4 :+3 'a� Ow a u W W V to ,.'YK O Q r M �w 2 1 clz Lu - ,ttlGN6 _ v"• V F W i f• J W <y J `iTsZYS �. ❑ .o WCD Ov �' M N i C p PrFf1 ^ t _Q w N €C f S m` v 'L W » m � N per* a0a '<x ;c� c � . W , ,.. W � D ❑ Wta+LL > 4 c m M ,,= a , w Sz " i;cui� M p? ,: 'ti Z " UO • Lu mO YO. .w ' yy.e� vajQ wOG O ti w... Q W w Z-C D G o . mx �,d ga Hrc Q r 3ZW. ay " Q'.W o vn 3 lK OV3,C ' d 04 a z 3o � . was ' . rcm rc o . for� z oo= wa., my o hmrvaw m ° o o 'Y r OFFICE OF THE MAYOR CITY OF DANIA BEACH PROCLAMATION WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, I, Albert C. Jones, Mayor of the City of Dania Beach, do hereby proclaim the week of June 2-6, 2008, as: Code Enforcement Officers'Appreciation Week in the City of Dania Beach, Florida, in accordance with the statewide observance of the same and encourage citizens of Dania Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR MINUTES OF WORKSHOP 07 / DANIA BEACH CITY COMMISSION WEDNESDAY, MAY 7, 2008 - 6:00 P.M. 1. Call to Order Mayor Jones called the Workshop to order at 6:00 p.m. 2. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. Presentation by Frontier Development, Inc.: Proposed 17,000 square foot retail shopping center on the NE comer of Stirling Road and SW 181h Avenue Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. She advised that the applicant would be requesting variances to reduce terminal landscape islands, parking, and monument sign size. Keith Poliakoff, Becker & Poliakoff, P.A., on behalf of the applicant, noted this process began a year ago. He advised that the Engineer and Landscape Designer for the project were also present. Attorney Poliakoff indicated that four hotels will be servicing the area, one of which is already there. He further stated that their site was reduced for a dedicated turn lane due to OTO Development's project to build two hotels. After discussions with the hotel operators, they realized that there was no place for hotel guests to walk and get something to eat, so they are negotiating a lease with Chipotle Mexican Restaurant to locate in the shopping center. He gave an overview of the project and noted that they are providing 1.3 times the landscape requirement for replacement of trees. Attorney Poliakoff indicated that they would bring forward an after- the-fact overlay district to combine all the properties in the area, which would include sharing the monument sign. He clarified that they would execute shared parking agreements with the other hotels and that all the variances would not be required because of the zoning overlay district. The general consensus of the Commission was to move forward with the project. Commissioner Bertino noted that if the uses in the area change, the City should have the right to dissipate the shared parking agreement. Attorney Poliakoff advised they are planning to come before the Commission in July for the rezoning request. 4. Presentation by TJ&F Ravenswood, LLC: Proposed 7,000 square foot office building located at 5481 Ravenswood Road Corinne Lajoie, AICP, Principal City Planner, explained the location of the project. She pointed out that parking will be located under the building because the property is very narrow. Ms. Lajoie noted the applicant would need to obtain variances for the landscape buffer and a waiver of the loading berth. Alain Dezii, joint owner and architect with Allica Architectural Group, described the building and noted it would be occupied by a small group of lawyers. He indicated that the loading berth waiver would no longer be required as a result of the City's recent approval of the reduction in pervious area. Mr. Dezii pointed out that it was challenging to place the building on such a small property. They are planning to build a green building which would include grass on the roof and a cistern to collect rainwater to be used for irrigation. Vice-Mayor Castro noted the project would be an improvement to the neighborhood. Commissioner Bertino thought it was a great project and hoped it would encourage other developers with small parcels to design parking underneath the buildings. The general consensus of the Commission was to move forward with the project. 5. Presentation by ProLogis: Proposed 240,000 square foot office/warehouse building located at 2600 Collins Road (SW 36`h Street) Corinne Lajoie, AICP, Principal City Planner, explained the location of the project. She advised that the site plan was approved in December, 2007, but is currently being purchased by another company. The applicant is proposing modifications to the paved surface, building fagades, square footage and may request a parking variance. Scott Alexander, ProLogis, noted they are under contract to purchase the site. They are the largest warehouse development company in the country,with headquarters in Denver, Colorado. He explained the proposed changes to the project and noted the back-up information shows the variation from what was previously approved in December. Mr. Alexander clarified that they will not need a variance for parking, and that they are also attempting to go green. The general consensus of the Commission was to move forward with the project. Minutes of Workshop 2 Dania Beach City Commission Wednesday,May 7,2008—6:00 p.m. 6. Presentation by John Milledge, Esq./Banyan Bay Marina: Proposed marina with 127 wet boat slips, 600 dry boat stacking spaces, and 5,000 square foot restaurant located at 4491 Ravenswood Road Corinne Lajoie, AICP, Principal City Planner, explained the location of the project and asked the attorney for the applicant to explain the details of the project. John Milledge, attorney for the applicant, noted this is an existing working marina which caters to the small boat segment of the market. They are proposing to upgrade the current marina by completely redoing the docks, pilings, marina and pier. He indicated they are proposing 360 dry slips, instead of the 600 spaces originally requested, therefore, the building will no longer be 65 feet in height. There will be a ship store, restaurant, workout facility, and other on-site boaters' services. Attorney Milledge advised the project will be built in a style similar to the Harbor Shops-Publix Shopping Center located on 17`" Street. Jim McCullough, Project Manager, noted there would be a moderately priced restaurant open to the public on the canal. The area will be nicely landscaped and they will try to preserve the existing trees on the site. Mr. McCullough indicated that the neighbors expressed some concern with the additional traffic, so they reconfigured the traffic pattern to direct the traffic away from the neighborhood. He further stated that they are willing to mitigate any impact arising from construction. They will request variances for their signs in order for them to be visible from Interstate 95. Mr. McCullough noted the ship store will have two apartments, and they are considering having a permanent dock master on-site to monitor activities. He indicated that in the event they decide to have polite live entertainment at the restaurant, they would be willing to comply with City requirements. Commissioner Flury noted the project would make the site look very attractive. However, she was concerned that we are issuing too many pole sign variances and thought we might have to implement a sign code. Commissioner Bertino liked the project and thought we need more of these boat facilities in the southeast part of Florida. Commissioner Anton requested the live entertainment to be restricted to daytime or early evening only. Vice-Mayor Castro noted this project would raise the value of surrounding properties. She said Broward County Aviation Department is not currently considering mitigating people's homes affected by the south runway airport expansion. Mr. McCullough noted that the applicant would develop an operational plan to limit the hours of services. He reiterated to the Commission that he is committed to mitigate whatever impact this project may cause. Minutes of Workshop 3 Dania Beach City Commission Wednesday,May 7,2008—6:00 p.m. The general consensus of the Commission was to move forward with the project. Ms. Lajoie discussed the relocation of the trees and commented they would not be worth relocating. Staff will therefore allow the applicant to relocate the trees but it will not be a part of the landscape plan. 7. Presentation by ACP Partners, LLC: Proposed 8,000 square foot office building located at the Airport Commerce Park,4101 Ravenswood Road Corinne Lajoie, AICP, Principal City Planner, explained the location of the project, which would be Phase II of the Airport Commerce Park. She noted the applicant wishes to construct a fifth office building on a portion of the parking lot on the west side of the property. Ms. Lajoie clarified this building would not alter the ingress/egress of the property. She pointed out that because the property is adjacent to residential, the applicant would need a perimeter landscape buffer variance in the loading area. Commissioner Anton clarified that there is no residential near the property, therefore the impact would be minimal. Carlos Diaz, architect for the project, noted they will be making some renovations to the existing buildings by modifying the canopies, increasing the landscaping, and adding solar lighting. He indicated they will be adding a new one-story office building compatible with the existing buildings. Mr. Diaz clarified that the current owner recently purchased the property and has every intention to improve it. Commissioner Anton noted he would support the project however he would like to see night- time security in that area. The general consensus of the Commission was to move forward with the project. 8. Adiournment Mayor Jones adjourned the Workshop at 7:33 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 4 Dania Beach City Commission Wednesday,May 7,2008—6:00 p.m MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MAY 13, 2008 — 7:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Ernestine Henry, Mt. Sinai United Methodist Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals Item #4.1 was heard after Item #11.1 4.1 Broward County Commissioner John Rodstrom - Presentation of a check for the County's contribution to building the Dania Beach Library Commissioner Rodstrom arrived at 7:20 p.m. and apologized for not bringing the check with him tonight. He noted the City Commission has been diligent on the Library project and the County finally appropriated the funds to build the Library in Dania Beach. Commissioner Rodstrom said that today the County Commission agreed to write a letter to the Federal Aviation Authority (FAA) asking for another hearing regarding the south runway airport expansion, due to improper notice given for the previous meeting. He thought that a letter from the City Commission would also be beneficial. Commissioner Rodstrom advised that they expect the EIS to arrive at the end of June. He also noted that the County Commission deferred any action on the Airline Incentive Program. Vice-Mayor Castro stated Commissioner Rodstrom has done a great job lobbying the County Commission for the Library. She thanked him for his service on behalf of the City and its residents. Commissioner Rodstrom noted he will be happy to present the check for the Library funding to the City Commission at the May 27, 2008 Commission Meeting. Citizen Comments resumed after Item #4.1 5. Proclamations Item #5.1 was heard after the Roll Call 5.1 Chickie Brandimarte Seniors Day Mayor Jones presented a proclamation to Chickie Brandimarte for her community involvement. Commissioner Anton thanked Chickie Brandimarte for her courage and continued dedication to our City. Vice-Mayor Castro commended Chickie Brandimarte and the Seniors organization for doing an excellent job. She encouraged seniors in Dania Beach to become apart of this wonderful group. 6. Citizen Comments Marco Salvino, 713 NW 7`h Avenue, said his house smells like iron because of the water. He asked the Commission to find money to clean the water in his neighborhood. Commissioner Anton requested we discuss Item#11.1 at this time. George Jason, 4549 SW 37`h Avenue, noted it is time to prepare for hurricane season. The Broward County Hurricane Preparedness Expo will be held at the Broward County Emergency Operations Center in Plantation, on Saturday, May 31", from 10:00 a.m. - 2:00 p.m. He encouraged everyone to attend this informative event. Mr. Jason mentioned the CERT group is organized and working with the Fire Department. He invited people who are interested in participating to attend their next meeting on Monday, May 19 at 7:00 p.m., in the Training Room at Fire Station#1. Deputy Fire Chief Mike Cassano noted the Comprehensive Emergency Management Plan will be presented at the next City Commission meeting with updated information. He advised the new Fire Station #93 will be a redundant EOC in the western portion of the City. Deputy Chief Cassano clarified that hurricane shelters are designated through the Red Cross and the Broward County School Board. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m Kurt Ely, 245 SW I" Avenue, noted that "Good Morning America" is selecting the top four finalists for Ice Cream Parlor in the United States. He noted that Jaxson's was nominated by one of their customers and last night they had a 2-hour filming at their establishment. Mr. Ely noted that everyone who is interested in obtaining the information on how to vote for their favorite place should watch "Good Morning America" on Saturday, May 17, between 7:00-9:00 a.m. He thought this was great publicity for Dania Beach. Judy Davis, 113 SE 2"d Court, is concerned with the traffic calming in the southeast area. She does not understand why we are shutting down Stirling Road and diverting the traffic to SE ls` Street. Ms. Davis advised she discussed the matter with Oscar Bello, Senior Engineer with Chen and Associates, who told her that if traffic gets too bad they could close SE ls` Street. She questioned if we could reevaluate the situation or put the project on hold since Boyd Gaming is currently not moving forward with their plans. Dominic Orlando, Director of Public Services, noted the diverter proposed for SE 1" Street was a modification. The only thing the Commission approved is the diverter on SE 2"d Street. He stated the improvements are needed to address the current traffic problems and a new study should be done when Boyd Gaming begins development. City Manager Palo clarified that he told Ms. Davis that the traffic issues are of concern to many people in the community, which is why the Commission approved the project. Commissioner Bertino noted we had charettes with people in the neighborhood because the traffic on SE 2"d Street was un-tolerable. He suggested we wait for the reaction to this phase of the project once it is completed. Ms. Davis noted her neighborhood floods and asked staff to address this issue before the rainy season begins. Commissioner Anton noted the traffic problems affecting the Meadowbrook area are mainly caused by cut-through vehicles going to the beach. He assured Ms. Davis that the City would work with residents to make this situation acceptable for everybody. Bob Mikes, 835 NW 13d' Avenue, addressed a problem concerning trees on Old Griffin Road. He said we have lost the history of the City with the current Commission and staff. Mr. Mikes felt that we are stepping away from the community and losing transparency because we are not giving the people the opportunity to speak at public hearings. He was concerned that we now have Administrative Variances and the Planning & Zoning Board makes decisions without having enough background information. Mr. Mikes was hoping the City Commission would be the one to deal with each individual project for the benefit of the citizens of Dania Beach. Vice-Mayor Castro noted that the City did have records and knew what they were doing. She pointed out that Administrative Variances came about after the hurricanes in order to make it easier and less expensive for citizens to fix their homes. Vice-Mayor Castro further indicated that there are mechanisms in place to make sure there is no corruption. She thought we had to Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. give credit to our staff and added that the members on the Planning and Zoning Board were probably more qualified than the City Commission to make decisions on some issues. Further discussion followed between Mr. Mikes and the Commission regarding the setback requirements currently in place. Vice-Mayor Castro pointed out that the setback requirements were only changed in the TOD/TOC Corridor. Commissioner Anton clarified for the record that he did not authorize anyone to cut trees in the Griffin Road area. He noted we should try to keep our neighborhoods united and avoid this type of negative comment, and if in doubt, always come to the source and find out exactly what happened. Bernardo Yepes, 38 S. Federal Highway#6, noted he owns a private investigation company that is new to Dania Beach. He referred to Item 49.8 and advised that he signed a one-year lease for a virtual office at this address and hopes that good things will come out of this location. Jimmy Crimminger, 237 SW 15`h Street, thanked the Commission for the new sidewalks. He commented the solar lighting is awesome. Mr. Crimminger complimented the Parks and Recreation staff for the constant improvements to our parks. He was in support of moving forward with Item #7.6 and Item #9.2. Regarding Item 49.3, Mr. Crimminger fully agreed that we hold our City to the same conditions as we do developers. He thought that under Item #9.7, whatever Clare Vickery is requesting would be a positive thing for that area. On Item #9.9, Mr. Crimminger asked that the question be re-worded to say "sell and/or swap", so we have another viable way to handle the sale of the Boisey Waiters property. He hoped everyone would join him in reviewing the pros and cons of the changes proposed under Item #9.10, for the benefit of our City. Mr. Crimminger referred to a recent Commission meeting when the firefighters requested some documents to be filed with PERC. He pointed out that an angry presentation of a citizen issue causes the loss of the focus on the issue. Mayor Jones clarified for the record that we could consider other alternatives regarding the Boisey Waiters property and that the sale is not the only option available. Teddy Bohanan, SW 15`h Street, commented we have an active and honest Commission who include the citizens in every decision they make. 7. Consent Agenda Items added to Consent Agenda:Item #7.9 Items removed from Consent Agenda: #7.8 and#7.9 7.1 Minutes Approve minutes from the April 22, 2008 City Commission Meeting Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,May 13,2008— 7:00 p.m Resolutions 7.2 RESOLUTION#2008-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2008-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2008 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH;PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-075 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING AN AMENDMENT TO THE CITY BUDGET FOR THE AWARD OF THE URBAN AND COMMUNITY FORESTRY GRANT IN THE AMOUNT OF$11,500.00 IN THE GRANT FUND AND TO ALLOW AN ADDITIONAL$9,500.00 FROM THE TREE PRESERVATION FUND TO BE USED AS A MATCHING SUM TO OBTAIN AN URBAN AND COMMUNITY FOREST GRANT FROM THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2008-076 A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE LAND PLANNING CONSULTANT SERVICES FROM LEIGH ROBINSON KERR & ASSOCIATES, INC. TO ASSIST THE CITY IN ONGOING SERVICES INVOLVING THE TRANSPORTATION, CAPITAL IMPROVEMENTS AND PUBLIC SCHOOL FACILITY ELEMENTS OF THE CITY COMPREHENSIVE PLAN, THE WATER SUPPLY PLAN, THE UPCOMING EVALUATION AND APPRAISAL REPORT (`BAR") AND GENERAL PLANNING SERVICES, FOR AN AMOUNT NOT TO EXCEED THIRTY-FIVE THOUSAND DOLLARS ($35,000.00), SUCH PURCHASE TO BE MADE WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-077 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING CERTAIN PERSONAL PROPERTY TO BE OBSOLETE, SURPLUS,AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. DECLARING THE INTENT OF THE CITY TO DISPOSE OF SUCH PROPERTY AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-078 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH ASHBRITT, INC., A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES, 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#2008-078. Vice-Mayor Castro motioned to adopt Resolution #2008-078; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Addendum 7.9 RESOLUTION#2008-082 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA GRANTING A DRAINAGE EASEMENT TO BROWARD COUNTY FOR PROPERTY LOCATED AT 5440 RAVENSWOOD ROAD TO ACCOMMODATE AN OUTFLOW PIPE CONNECTED TO A COUNTY STORMWATER MANAGEMENT SYSTEM; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-082. Commissioner Bertino confirmed with City Attorney Ansbro that we are only granting the County a drainage easement. Commissioner Bertino motioned to adopt Resolution #2008-082; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Anton motioned to adopt the Consent Agenda, with revised Resolution #2008-077, the addition of Item #7.9, and the exception of Item #7.8 and Item #7.9; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Mayor Jones moved to Item #9.8 of the Agenda 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans Item #9.1 was heard after Item #9.8 9.1 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54T" COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from April 8,2008 and April 22,2008) City Attorney Ansbro read the title of Ordinance#2006-022. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property and advised that the property is currently a residential care facility. Ms. Lajoie noted that staff would not support an apartment building at this location, but would support townhouses with conditions. She further indicated that the applicant would be required to dedicate park land and rezone the property to PRD-1. Staff also recommended that the townhouses should be sold as condominiums or fee simple (HOA) with rentals limited to once per year, and that the building height be determined by the City Commission. Commissioner Anton suggested continuing this item until we know what the neighborhood wants to do regarding the traffic. Mayor Jones opened the Public Hearing. Hope Calhoun, of the law firm Ruden McClosky, Attorney for the applicant, noted she spoke with the neighbors and they were in full support of the application. William C. Stalions, Vice-President of Sheridan House Family Ministries, said the zoning recommended by staff would result in a traffic reduction. He advised that the neighbors are not opposed to the development, but to the traffic generated by the Seminole Hard Rock Caf6 and Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Casino. Mr. Stalions further indicated that they agreed with staff recommendation to build 12- 13.5 units per acre, with two-car garages, on the six acres. Attorney Calhoun clarified for Vice-Mayor Castro that they agree with staff recommendations and have already submitted a Declaration of Restrictive Covenants incorporating these conditions. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Bertino noted citizens were concerned with the traffic, and we said we would work with them. He stated that the citizens deserve the right to be heard and speak. Commissioner Bertino motioned to continue Ordinance #2006-022 until the May 27, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Anton. Vice-Mayor Castro noted she would vote against the continuance of this item. She asked Chief Peterson to follow up on the traffic issue and make sure the Seminole Hotel and Casino will contribute with funding because it is their parking garage circulation which is impacting this neighborhood. Commissioner Flury said she was disappointed that no one from the neighborhood attended tonight's meeting. The Commission directed the City Manager to call the gentleman representing the neighbors and ask him to attend the next meeting. Mr. Stations asked for assurance from the Commission that they would move forward on this project at the next meeting regardless of whether or not the neighbors attend. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones No Commissioner Flury Yes 9.2 ORDINANCE #2008-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY, 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 RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2008-014. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,May 13, 2008—7:00 p.m. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property, located near Sheridan Street, which involves three parcels. She clarified that the land use and the zoning need to match, hence the rezoning request from residential to commercial. Ms. Lajoie noted the applicant purchased the property from the City in 2004. City Attorney Ansbro noted the City did not misrepresent the zoning of the property when it was sold. He thought this was an oversight on everybody's part and suggested we try to fix this problem for the applicant. Commissioner Bertino disclosed the property was for sale through the company for which he works, but it was not his listing. He asked if he should recuse himself. City Attorney Ansbro confirmed that Commissioner Bertino did not need to recuse himself in this case. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to adopt Ordinance#2008-014, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones 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. 9.3 RESOLUTION#2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "VEGETATION", SECTION 26-48, "INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS",FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 22,2008) City Attorney Ansbro read the title of Resolution#2008-063. Corinne Lajoie, AICP, Principal City Planner, noted this is for the Public Works facility on Stirling Road. She advised that the applicant has revised the landscape plans and is now able to provide all of the required trees on site. Ms. Lajoie indicated that there is currently only one variance request to reduce interior landscape in the vehicle use area. Mayor Jones opened the Public Hearing. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Bob Mikes, 835 NW 1P Avenue, commented the City should set the example and meet the standards. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Anton motioned to adopt Resolution #2008-063; seconded by Vice-Mayor Castro. Dominic Orlando, Director of Public Services, noted that gravel does not count as pervious in the City Code. However we do meet the South Florida Water Management District pervious code. Vice-Mayor Castro commended Director Orlando and staff for their efforts in locating areas to place all the trees required for this project. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.4 RESOLUTION#2008-071 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUESTS SUBMITTED BY JEFF FALKANGER WITH THE FIRM FALKANGER SNYDER MARTINEAU AND YATES, ARCHITECTS, REPRESENTING DCOTA DEVELOPMENT COMPANY LTD., PARTNER, C/O COHEN BROTHERS REALTY, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTIES LOCATED AT 1815 - 1825— 1855 — 1875 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-071. Commissioners Anton and Bertino disclosed they met with the applicant. Corinne Lajoie, AICP, Principal City Planner, explained the history and location of the property, and provided the details of each of the variances. She noted the applicant is requesting new wall and monument signs for the DCOTA complex. Ms. Lajoie clarified for the record that in March, 1985, the City Commission granted a variance to allow a pole sign to exceed the fifty square feet maximum sign area allowed at the time. The Planning and Zoning Board recommended approval of the requests. Larry Martineau, Architect for the project, noted this is a unique property, including multiple buildings, extensive parking and landscaping. He advised that the landscape was not fully grown when the property was initially developed in 1985. Mr. Martineau indicated that these variances are necessary to assist visitors in locating the complex. Commissioner Flury suggested the mound sign include landscaping. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Vice-Mayor Castro asked if Dania Beach could be included in the mound sign. Mr. Martineau noted he would bring the request to include Dania Beach on the mound sign to the owner, and indicated they would add landscaping to the mound sign as well. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2008-071, with landscaping conditions and Dania Beach on the sign; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.5 RESOLUTION#2008-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-15-06) SUBMITTED BY RUSSELL HAYSON, REPRESENTING THE PROPERTY OWNER CRAIG LEONARD, TO VACATE AND RELOCATE A DRAINAGE EASEMENT, FOR PROPERTY LOCATED AT 345 NE 3RD AVENUE, AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; ACCEPTING THE RELOCATED DRAINAGE EASEMENT ON BEHALF OF THE CITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-072. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property and noted that the applicant is requesting to vacate an existing drainage easement on private property and relocate it on-site. The drainage easement currently runs through the property owner's driveway and through a portion of the home. She further advised that the Public Services Director worked with the property owner in relocating the drainage easement which will now be located south of the driveway and house structure. The Planning and Zoning Board recommended approval of the request. Russell M. Hayson, Palloto & Hayson, P.A., Attorney for the applicant, noted the current easement is not being utilized and is being moved to another location. He asked the Commission to support the request. Mayor Jones opened the Public Hearing. John B. Schwartz, 341 NE P Avenue, commented the existing storm drain goes into the side canal. He noted they have a severe flooding problem because of the asphalt in the driveway and the neighbors need the drainage to keep the street dry. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Discussion followed between the Commission and Public Services Director Orlando regarding the relocation of the drainage easement. Director Orlando advised we were only relocating the easement to clear Mr. Leonard's title; however, he did not want to give away any storm drainage right-of-way in case we need to make any changes in the future. Commissioner Bertino clarified with Director Orlando that the flooding Mr. Schwartz referred to has nothing to do with the relocation of the easement. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2008-072; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Vice-Mayor Castro confirmed with Director Orlando that Mr. Schwartz' concerns would be addressed. 9.6 RESOLUTION#2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER, APPROVED BY RESOLUTION 2007-208 ON OCTOBER 23, 2007, SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-073. He noted that the applicant requested a continuance until the May 27, 2008 City Commission meeting. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to continue Resolution #2008-073 until the May 27, 2008 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.7 RESOLUTION#2008-074 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST SUBMITTED BY PROPERTY OWNER CLARE VICKERY TO REMOVE THE TIME LIMITATION ATTACHED TO Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m VARIANCE VA-13-05 DATED MAY 10, 2005,APPROVED BY RESOLUTION NO. 2005-074,WHICH IS SET TO EXPIRE ON JANUARY 17, 2009,FOR PROPERTY LOCATED AT 4749 NORTH FEDERAL HIGHWAY, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-074. Corinne Lajoic, AICP, Principal City Planner, advised the applicant received a parking variance in May, 2005 allowing 17 parking spaces for an existing commercial building, where 72 spaces are required. The variance was approved for a limited time and is set to expire in January, 2009. She noted the applicant is now requesting an extension of the variance for an indefinite period of time and without conditions. Ms. Lajoie clarified for the Commission that there have not been any parking/traffic issues during this time. Clare Vickery thanked the Commission for their support through the years. She noted that she asked for an indefinite variance and no conditions for the benefit of her tenants and customers. Commissioner Anton was concerned with an indefinite variance because we are hoping to redevelop the downtown area. However, he would be amenable for a 3-year variance. Ms. Vickery stated 2-3 years is constraining and requested a minimum 5-year variance. Commissioner Bertino noted his office is located next to Ms. Vickery's property and her business causes no problems. He further commented he was also concerned with an indefinite variance, although he would support an extension of the variance. Commissioner Flury suggested a 10-year variance if the Commission is uncomfortable with "indefinite". Vice-Mayor Castro concurred with Commissioner Flury and recommended a 10-year variance. City Attorney Ansbro asked the Commission if they wanted to keep the existing conditions. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Mayor Jones recognized Ms. Vickery's efforts to keep our downtown alive. He would support a 5-10 year extension. Commissioner Anton motioned for a 5-year extension, with a 5-year renewal, with the condition that if a problem develops and/or the business owner changes, the variance would not be transferred to the new owner. Ms. Vickery preferred a 10-year variance and no restrictions because this would not prevent her from having a business partnership. Commissioner Bertino seconded the motion. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Commissioner Flury said she would not support the motion. She asked the members of the Commission if they would consider a 5-year extension with an automatic 5-year renewal, in the event there are no problems. Commissioner Anton agreed to amend his motion, provided there are no issues with that business. Commissioner Flury pointed out that if Ms. Vickery sells the business, and it is still successful, we would have a parking problem, but it would be great for the City. She thought the 5-year renewal was a built-in safety mechanism for the City. Commissioner Bertino stated that the City needs to build a downtown parking garage that would benefit everyone in the area. Commissioner Anton amended his motion to adopt Resolution #2008-074, for a 5-year extension with an automatic 5-year renewal, with no restrictions; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Item #9.9 was heard after Item #9.7 Item #9.8 was heard after Consent Agenda 9.8 RESOLUTION#2008-079 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE MAY 7, 2008 REQUEST SUBMITTED BY PROPERTY OWNER STEVEN CASPER, FOR AN APPROVAL OF A WAIVER FROM CHAPTER 28, "ZONING", ARTICLE 6.64, "PRINCIPAL ARTERIAL COMMERCIAL DESIGN (PAD) STANDARDS OVERLAY", FOR PROPERTY LOCATED AT 34-38 SOUTH FEDERAL HIGHWAY, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-079. Corinne Lajoie, AICP, Principal City Planner, advised that the waiver is for the Principal Arterial Design (PAD) standards for the colors. She noted that the property is located within the City's PAD overlay district which restricts colors of the buildings to nature blending, earth tone or light pastel colors with a maximum of three colors, exclusive of the roof. In this case, the applicant is proposing the use of five bright colors. Steve Casper, owner of Canterbury Square, advised that Arthur Madican designed the idea. He explained that the building is not rentable since there is no water or electricity available. Mr. Casper indicated that the CRA Board gave tentative approval for the project on two separate occasions, and he is now looking for permission to move forward with his project. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Mayor Jones opened the Public Hearing. Jimmy Crimminger,237 SW 15d' Street, supported the project. Teddy Bohanan, SW 15d' Street, supported the project. George Jason, 4549 SW 37`h Avenue, supported the project. Fay Bartelmes, 214 SW 2Id Terrace, spoke in favor of the project. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Flury motioned to adopt Resolution #2008-079; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Item #9.1 was heard after Item #9.8 Item #9.9 was heard after Item #9.7 9.9 RESOLUTION#2008-080 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CALLING FOR AN ELECTION TO BE HELD ON TUESDAY,NOVEMBER 4, 2008 ON THE PROPOSED SALE OF CITY PROPERTY KNOWN AS THE BOISEY-WAITERS PROPERTY (CONSISTING OF TWO SEPARATE BUT RELATED PARCELS OF LAND LOCATED ON THE SOUTH SIDE OF STIRLING ROAD ON BOTH THE EAST AND WEST SIDES, RESPECTIVELY,OF THE C-10 CANAL IN THE CITY OF DANIA BEACH);PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE QUESTION OF WHETHER OR NOT THE CITY MAY SELL THE PROPERTY; PROVIDING FOR REQUISITE BALLOT LANGUAGE, PROCEDURES FOR BALLOTING AND NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-080. Mayor Jones noted that if approved by the voters, this would provide the City with an opportunity to sell the property. City Attorney clarified that last December this property was appraised at $814,000.00 therefore, under the City Charter, it requires a referendum vote. Mayor Jones opened the Public Hearing. Fay Bartelmes, 214 SW 2 d Terrace, noted we need a Primary Election. Minutes of Regular Meeting 15 Dania Beach City Conunission Tuesday,May 13,2008—7:00 p.m Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Bertino noted this may not be the right time to sell the property due to the depressed real estate market, however, it will give us an idea on how the citizens of Dania Beach feel about the sale. Commissioner Anton motioned to adopt Resolution #2008-080; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.10 RESOLUTION#2008-081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TWO (2)NON-BINDING STRAW BALLOT MEASURES TO BE PRESENTED TO THE ELECTORS OF THE CITY AFFECTING THE CITY CHARTER 1)TO DETERMINE IF THERE IS SUPPORT FOR A CHANGE OF THE GENERAL MUNICIPAL ELECTION OF CITY COMMISSIONERS FROM MARCH (OF ODD- NUMBERED YEARS) TO NOVEMBER (OF EVEN-NUMBERED YEARS) WHICH IS THE GENERAL ELECTION DATE IN BROWARD COUNTY AND 2) TO DETERMINE IF THERE IS SUPPORT AS TO WHETHER THE MAYOR-COMMISSIONER SHOULD BE ELECTED FOR A TWO (2) YEAR TERM RATHER THAN A ONE (1) YEAR TERM AS PRESENTLY PROVIDED BY THE CHARTER; PROVIDING FOR SUCH QUESTIONS TO BE SUBMITTED TO THE ELECTORS IN CONJUNCTION WITH THE GENERAL ELECTION HELD IN BROWARD COUNTY ON TUESDAY, NOVEMBER 4, 2008; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-081. Commissioner Bertino questioned what would happen to the Primary Election. City Attorney Ansbro noted there is a Special Act being discussed in Tallahassee which would allow the Primary to be held in August, with a November General Election. He suggested adopting the resolution, removing the election portion if the bill is signed by the Governor, and submitting only the Mayor question to the Supervisor of Elections. City Attorney Ansbro clarified that the Mayor will not be an "elected Mayor", but the highest vote getter will serve as Mayor for two years,instead of the current one year term. Mayor Jones opened the Public Hearing. Jimmy Crimminger, 237 SW 15t' Street, noted education would be required so the voters understand the meaning of a 2-year Mayor. He expressed his support for a 2-year Mayor. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. Bob Adams, 330 SE 3`a Terrace, suggested placing the question of the Primary on the straw ballot. He questioned why we are having a straw ballot for the 2-year Mayor as opposed to making it a referendum question. Mr. Adams also asked the procedure to elect the Vice-Mayor. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Anton motioned to adopt Resolution #2008-081, with comments; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton requested Commission support for the plan from G&G Shipping for a County Right-of-Way. He asked the Commissioners to contact County Commissioners in support of the project because it will benefit the City and will also eliminate the concerns from the other businesses in the area. It was the consensus of the Commission to support the project. 10.2 Commissioner Bertino Commissioner Bertino suggested that we adopt an ordinance requiring every new developer presenting a project that has a parking area to include solar lighting. It was the consensus of the Commission to ask City Attorney Ansbro to prepare an ordinance for consideration. Commissioner Bertino was pleased to report that there is a Dania Beach resident whose grandson is on the TV show"Top Chef'. 10.3 Commissioner Flury Commissioner Flury noted the mausoleum project looks fine to her. Commissioner Flury noted the fencing around the cemetery should be cited by Code. She suggested improving the fencing and landscaping at both cemeteries using the Perpetual Care Fund. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m 10.4 Vice-Mayor Castro Vice-Mayor Castro thanked everyone for their support and good wishes regarding her husband's recent health condition. Vice-Mayor Castro noted hurricane season is approaching and information will be available to the public, including emergency telephone numbers. She clarified the main number for City Hall/EOC is different from last year's. Vice-Mayor Castro asked for a follow-up regarding the proposed visit of Inmula Prasad of FEMA,to talk about flood elevation requirements. Vice-Mayor Castro asked for Commission support to ask Broward County for the $6.3M for the CRA. She explained the strategy to put in place and who would be involved. It was the consensus of the Commission to move forward with Vice-Mayor Castro's recommendation. Vice-Mayor Castro said she was asked by Broward County if Dania Beach would object to the Port Everglades freighters turnaround base project. Commissioners Flury, Bertino and Anton opposed the project. The Commission generally agreed not to send a letter to the County in support of this project. Vice-Mayor Castro referred to Item #9.7 regarding Clare Vickery's parking issue. She thought we needed to take a more active role in encouraging shared parking agreements. Vice-Mayor Castro asked City Attorney Ansbro to check to see if we could enforce this requirement. Commissioner Bertino commented that shared parking is a step in the right direction and reiterated that we need to build a parking garage. 10.5 Mayor Jones Mayor Jones reminded everyone that Senator Geller will hold a Town Hall meeting on Tuesday, May 20`h at 6:00 p.m. in the Commission Chamber at City Hall. Mayor Jones noted the Broward County Planning Council will meet on Thursday, May 22"a at 10:00 a.m., and their Agenda will include the Amendment to the Broward County Trafficways Plan. Mayor Jones attended a Redevelopment Conference in South Carolina and will gladly share his experience with his fellow Commissioners, staff, and CRA Director Earle. Several interesting subjects were discussed, and they mentioned the importance of state colleges being involved in the charettes and public meetings. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. 11. Discussion and Possible Action Item #11.1 was heard during Citizens Comments 11.1 Water pipes in the NE and Melaleuca areas—Commissioner Anton Commissioner Anton noted this problem has been going on for a long time in a one block area in Melaleuca Gardens. The water smells like well water and is rust colored. Commissioner Anton said that it is the City's responsibility to make sure that the quality of water that we provide our residents is adequate. He advised that Public Services Director Orlando obtained a proposal from Calvin Giordano and Associates to fix the problem. Commissioner Anton requested approval of the funding to move forward with this project. Commissioner Flury motioned to fund the project; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Dominic Orlando, Director of Public Services,provided the following update: • 12" directional bore under the canal: Designed,permitted,built, tested, and in service • 8" on US 1 Bridge: Designed, permitted, to be advertised as soon as possible or have FDOT Contractor install • 8" NW 7d': Designed,permitted, to be advertised as soon as possible • 8" NE 2"d Street: Designed, permitted, to be advertised as soon as possible Director Orlando noted that John Messerian of Calvin Giordano and Associates was currently working on the bid packet. He noted we cannot advertise for the bid until we know if the Florida Department of Environmental Protection(FDEP) will allow SRF funds to be used for the project. However, since the Commission just approved to fund the project, we can begin immediately. Commissioner Bertino suggested we keep monitoring Mr. Salvino's water on a weekly basis as we move forward with the project. Commissioner Anton stated this needs to be a priority. Director Orlando clarified for Commissioner Flury that there are three projects in progress and described each of them. He noted we have received three estimates from the engineering company. Commissioner Flury motioned for the City to fund two projects (Melaleuea for $187,000, and US 1 Bridge for$63,000), and to apply for SRF funding for the third project(2"d Street Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. for $212,000); seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Item #4.1 was heard after Item #11.1 Item #11.2 was heard after Item #10.5 11.2 City Commission Summer Break Commissioner Flury motioned to cancel the July 8, 2008 City Commission meeting; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Addendum 11.3 Design plans for the Dania Westlawn Cemetery and Dania Memorial Park Cemetery Mausoleum projects It was the consensus of the Commission to table this item until the May 27, 2008 Regular Commission meeting at 7:00 p.m. 12. Appointments Vice-Mayor Castro reappointed Gene Bieber, Pat Rafacz and Steve Lupo to the Unsafe Structures Board. Vice-Mayor Castro motioned to approve the Board appointments; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m 13. Administrative Reports 13.1 City Manager City Manager Pato had no comments. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Thursday, May 15, 2008 —6:00 p.m. Abatement Hearing Tuesday, May 27, 2008— 7:00 p.m. City Commission Meeting Wednesday, June 4,2008—6:00 p.m. CRA Board Meeting followed by a City Commission Workshop— Site Plan Review 14. Adjournment Mayor Jones adjourned the meeting at 10:32 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,May 13,2008—7:00 p.m. MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, MAY 15, 2008 - 6:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Albert C. Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request for abatement for Griffin Investment Realty, Case #04-0320, for property located at 3401 Griffin Road(#0230-08-0061) Attorney Tim Ryan advised this case is for one violation of a leaking roof with ceiling damage, and the rear doors are deteriorated and falling off the hinges. The violation also consists of failure to have the roofing contractor obtain a permit to repair or replace the roof and doors. The fine ran for 1,140 days for a total of $85,600.00, including recording fees. The Special Magistrate recommends an abatement of 50% ($42,800.00). Nicholas Lupo, Code Compliance Manager, noted the property is currently in compliance. He indicated that staff members of the owner's company did not notify the owners of the severity of the problem. Once the owners were aware of the problems, they hired a new management company and Mr. Delgado was brought on board and made the needed repairs. He noted this is a Strip Mall on Griffin Road. Hillary Zalman, Attorney for the defendant, noted the property is not for sale, and the current owners purchased it in September 2003. She noted the property owner realized in October 2007 that there was a problem with the property, and that is when he hired a new property manager who brought the property into compliance. She said this problem will never happen again because they are taking an active role in maintaining communication with the City. She indicated that the fine of$42,000 would bankrupt this property. Ms. Zalman acknowledged that the owner also has 2 other large properties on Griffin Road in Dania Beach. She requested a reduction to a few thousand dollars. Attorney Ryan noted the cost of this case is $2,500 for the City. Commissioner Bertino motioned to keep the fine at $85,500. Motion died for lack of a second. Commissioner Flury motioned to abate the lien to $42,800.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 3.2 Request for abatement for Urzule & Nesly Bonny, Case #06-1443, for property located at 721 SW 3Td Place(91203-36-0440) Mayor Jones, Vice-Mayor Castro, Commissioner Anton, and Commissioner Bertino noted they had been contacted by Mr. Bonny. Attorney Ryan advised this came before the Commission on March 20, 2008 and the Commission motioned to uphold the lien of$20,000.00, plus the sidewalk lien of$1,881.09, to be paid within 90 days. Commissioner Flury motioned to reconsider the case for the purpose of extending the time for payment by an additional 90 days; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Mayor Jones passed the gavel to Commissioner Anton and motioned to reconsider the case; seconded by Vice-Mayor Castro. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Castro Yes Commissioner Bertino No Mayor Jones Yes Commissioner Flury Yes Attorney Tim Ryan advised this case is for 14 violations: windows in a state of disrepair; windows are not fitted with screens; the parking area is not an approved hard surface; a portion of the yard lacks live vegetative material; trash, litter and garbage on the property; trash and litter on the adjoining right of way; untended vegetation on the property; and the sidewalk abutting the Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,May 15,2008—6:00 p.m. property has breaks and is damaged. The fine ran for 97 days for a total of$19,558.00, including recording fees. The Special Magistrate recommended a fine of$1,940.00, plus the outstanding sidewalk lien of$1,881.09, for a total of$3,821.09 if paid by February 1, 2008. Attorney Ryan advised this came before the Commission on March 20, 2008 and the Commission motioned to uphold the lien of$20,000.00,plus the sidewalk lien of$1,881.09, to be paid within 90 days. Nicholas Lupo, Code Compliance Manager, noted the property is currently in compliance, and staff recommends a reduction to$9,776.00, plus the sidewalk lien of$1,881.00. Mr. Bonny stated that the sidewalk lien has been paid. Commissioner Bertino motioned to deny the request and keep the lien approved on March 9 P PP 20, 2008; second by Commissioner Flury. Vice-Mayor Castro commented that the Commission has previously discussed the problems with the Sidewalk Plan, and noted that it needs to be revisited. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Vice-Mayor Castro motioned to reduce the lien to $11,657.00, to be paid within 90 days; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino No Mayor Jones Yes Commissioner Flury Yes 3.3 Request for abatement for Urzule & Nesly Bonny, Case #06-1444, for property located at 713 SW 3`d Place (#1203-36-0451) There was no motion by the Commission to reconsider this case, therefore, the lien approved by the City Commission on March 20, 2008 is still in effect. Nicholas Lupo, Code Compliance Manager, addressed the code that allows vessels, trailers, and recreational vehicles in the front yard. He suggested a restriction of 1 item per front yard, and the remaining items could be stored in the side or back yard. He indicated that a screening requirement would be added in the new code. Commissioner Anton commented that we are a marine City, and he will not support anything that requires screening from the street side. Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,May 15,2008—6:00 p.m Commissioner Flury questioned if the Commission should ask for recommendations from staff or discuss the Sidewalk Plan as an agenda item. Vice-Mayor Castro asked staff for recommendations for the Sidewalk Plan. 4. Adioumment Mayor Jones adjourned the meeting at 6:57 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR—COMMISSIONER Minutes of Abatement Hearing 4 Dania Beach City Commission Thursday,May 15,2008—6:00 p.m. );9 73 RESOLUTION NO. 2008-083 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPOINTING IVAN PATO AS CITY MANAGER; PROVIDING FOR COMPENSATION FOR SUCH APPOINTEE;PROVIDING THAT SUCH APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Ivan Pato is appointed as City Manager of the City of Dania Beach, Florida, and annual compensation and benefits are to be identical to those contained in the Employment Contract executed by the City and Mr. Pate,which expired on May 11,2008, as such compensation and benefits were adjusted and existed as of that expiration date. Section 2. That Ivan Pato shall serve in the capacity of City Manager at the pleasure of the City Commission, unless and until an Employment Contract is executed by him and the City. 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. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY �/ 7 � RESOLUTION NO. 2008-084 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,EXPRESSING SUPPORT FOR THE DEVELOPMENT AND OPERATION OF THE DR.BOBBY JONES COMPLEX FOR EDUCATION AND PRESERVATION IN THE CITY OF LAUDERHILL, WHICH COMPLEX WILL HAVE A DIRECT ECONOMIC AND CULTURAL IMPACT THROUGHOUT BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, gospel music is a well-established American art form that has existed and flourished over the years; and WHEREAS,the Dr.Bobby Jones Complex for Education and Preservation(the"Complex"), which is planned for development at the intersection on S.R. 7 and Sunrise Boulevard in the City of Lauderhill, will become a repository to store and preserve artifacts, memorabilia, historical documents and recordings of the gospel music industry; and WHEREAS, the Complex will include recording studios that will be available for use by students and the community; and WHEREAS, the Complex will serve as a recording venue for musicians, singers, songwriters, producers, publishers and writers; and WHEREAS, the Complex will create employment opportunities for residents throughout Broward County; and WHEREAS, the Complex will provide a unique cultural experience for residents in the county, state and nation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing WHEREAS clauses are ratified and confirmed and made a specific part of this Resolution. Section 2. That the City Commission of the City of Dania Beach expresses support for the development and operation of the Dr. Bobby Jones Complex for Education and Preservation. 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. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-084 CITY OF DANIA BEACH Agenda Item #INA / Agenda Request Database Date of Commission Meeting: 5-27-2008 Public Hearing X❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: 5-13-2008 ORDINANCE NO.2006022 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES,INC.,TO REDESIGNATE FROM'COMMUNITY FACILITIES'TO'MEDIUM DENSITY RESIDENTIAL' (12-13.5 DWELLING UNITSIACRE)FOR PROPERTY LOCATED AT 4200 SW 50TH COURT.DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT-A-,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. MENEM Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-18-06: The applicant, Leigh Robinson Kerr&Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court (SECOND READING). Ordinance Staff Report June 13,2008 Commission Minutes Declartion of Restrictive Covenants 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 Corinne Lajoie Date Dewdment Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date ON Attomev Date City Manager Date 11 MEN Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Leigh Robinson Kerr and Associates, Inc. representing the property owner Sheridan House, Inc., has made an application to amend the local future land use plan to accommodate for the proposed construction of 102 (maximum) multi-family residential dwelling units; and WHEREAS,the City Commission desires to approve such application; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL"(12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-022 EXHIBIT `A' Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. 3 ORDINANCE#2006-022 � C LOCATION MAP EM -SHERIDAN HOUSE SW BT� FA L7 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 27, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner 09V_ SUBJECT: LU-18-06: The applicant, Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court (SECOND READING). FUTURE LAND USE CHANGE To change the future land use designation of the property from Community Facility to Medium Residential (16 units per acre). ABUTTING PROPERTIES: EXISTING ZONING AND LAND USE Future Land Use Zoning Designation Current Use of Plan("FLUP") of Property Property Designation Subject Community Facility Community Facility Residential Care Parcel (Proposed Facility 16 units/acre North 16 units/acre RD-10 Multi-Family East 5 units/acre RS-5 Single Family, Nursery, Vacant South 16/units I RM-15 Vacant West 10 units/acre I RD-10 Du lex Townhouse Based upon the FLUP and zoning designations abutting properties, multi-family residential use is compatible with adjoining development, but not at 16 dwelling units per acre. Staff will also not support an apartment building at this location. The previously approved Aqua Isles site plan has 127 units on 11 acres, which provides 11.55 units per acre. The Villas at Oak Hammock site plan had 27 units on 2.59 acres, which provides 10.42 units per acre. Staff can support 12 units per acre (13.5 units/acre if a two car garage is incorporated into each unit) subject to the following conditions, said conditions to be enforceable against subsequent property owners: 1) Dedicate park land in accordance with the city code requirements based upon the appraised value of the land as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA); with rentals limited to once per year. 5) . Building height to be determined by City as part of the PRD-1 rezoning/site plan process, provided no building shall exceed 3 stories in height. Staff recommends the applicant meet with the city attorney regarding these conditions to the property so that they can be enforced against a subsequent purchaser. CITY COMMISSION PREVIOUS ACTION On May 13, 2008 the City Commission continued this item to allow the community input. On April 22, 2008 the City Commission continued this item at the request of the applicant. On April 8, 2008 the City Commission continued this item to allow the neighborhood time to discuss traffic issues on SW 54 Court. On June 13, 2006 the City Commission approved the land use change on first reading with the condition that the applicant address staff comments identified above. PLANNING AND ZONING BOARD RECOMMENDATION On May 17, 2006 the Planning and Zoning Board recommended approval of the proposed change in land use designation. The Board approval was based on applicant voluntary commitment to address the above conditions. STAFF RECOMMENDATION At the discretion of the City Commission. 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE FLORIDA 33301 ,IRLiden McC l osky PDST OFFICE BOX 1900 FORT LAUDERDALE.FLORIDA 33302 (954)761-2913 FAX(954)333-4113 HOPE-CAIHOUN@RUDEN.COM April 14, 2008 VIAL AND U.S. MAIL 7 n(iT - 7308 3 Louise Stilson,City Clerk City of Dania Beach =. 100 West Dania Beach Boulevard - - Dania Beach,FL 33004 Re: Sheridan House Land Use Plan}Amendment Second Reading Dear Louise: Please accept this letter as a request to defer the above referenced item from the April 22, 2008 City Commission to the first available City Commission meeting in May. This request is being made because my client is not available to attend the April 22, 2008 meeting and he would like to be present when the item is heard. Please advise if this request is acceptable. If you have any questions or comments please contact me at your convenience. Very truly yours, Hope W. Calhoun cc: Thomas Ansbro,Esq. (via e-mail) via e-mail Leigh Kerr( ) Bill Stalions via e-mail) FTL:2642062:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. URACAS PT.IAUDERDALE•MIAMI•NAPLES•ORLANDO•PORT 5T.LU CIE•SARASOTA•ST.PETERSBURO `TALLAHASSEE TAMPA •WEST PALM BEACH . Director Leeds commented City Attorney Ansbro would need to change the Ordinance in conjunction with the Waste Management contract. Commissioner Bertino thought if there was room, residential properties should install dumpster enclosures, if not,the contract with Waste Management should be changed to allow them to use roll outs. Commissioner McElyea agreed with Mr. Field that something should be done to keep the residential areas clean. Commissioner Castro thought this Ordinance should be passed in order to start the process and look at amending it further so other issues can be addressed. She requested Director Leeds bring back options at a future date. Joe Van Eron, 1500 SW 2nd Avenue, noted five units are considered commercial property and are not allowed City pickup, therefore they require some type of private carting. He thought the problem was in the residential areas and should be addressed. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2006-021, on second reading; seconded by Commissioner McElyea. The motion carried on the fallowing 5-0 Roll Call ivote: Commissioner Bertino Yes Vice-Mayor Anton Yes Yes Commissioner Castro Yes Mayor Flury Commissioner McElyea Yes 9.4 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (16 DWELLING UNITS / ACRE) PROPERTY LOCATED AT 4200 SW 54T9 COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A copy OF WHICH IS ATTACHED TO T14IS R PROVIDING FOR NN EFFECTIVE DATE. (FIRSTCE; PROVIDING FOR READING) PROVIDING NG) FOR SE City Attorney Ansbro read the title of Ordinance#2006-022. Laurence Leeds, Director of Community Development, advised Sheridan House, an adolescent care facility; indicated they are planning to move the entire business to Davie and would like to change the land use designation from Community Facility to Medium Residential before placing the property on the market. He noted staff is recommending 12-13.5 units per acre, not the requested 16 units per acre, subject to the following requirements which.would be applied to • subsequent property owners: Minutes of Regular Meeting 10 Dania Beach City Commission - Tuesday,June 13,2006—7:00 p.m. • 1) Dedicate park land in accordance with the City Code requirements based upon the appraised value of the land, as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA), with rentals limited to once per year. 5) Building height to be determined by the City as part of the PRD-1 rezoning/site plan process,provided no building shall exceed three stories in height. Director Leeds further indicated the applicant submitted a draft deed restriction which has been reviewed by the City Attorney. He commented the neighbors in the area are concerned about traffic because of the proximity to the Seminole Hard Rock Casino Parking Garage, and staff is suggesting that the prospective developer be asked to submit a traffic study. Director Leeds indicated the Planning and Zoning Board recommended approval of the land use plan amendment, subject to the above conditions. Laura Coffy,Attorney,Ruden McClosky,advised the applicant is willing to adjust the agreement • as needed to cooperate with City staff. Commissioner Castro asked Attorney Coffy if they are planning to include the residents' comments in their proposed traffic study. She also asked BSO Chief Bryan Cowart if this street was included in the traffic study conducted last year. Attorney Coffy reaffirmed to the Commission that their traffic study would incorporate the residents' input with a view to finding a solution to the traffic problems they are currently experiencing. BSO Chief Bryan Cowart commented SW 54`h Court was included in the traffic study conducted last year and it was recommended that this street be closed just east of SR 7. He will resubmit his plan to the City Manager in the morning. Commissioner Castro suggested City Manager Pato contact Seminole Hard Rock Casino to request their participation in some of the expenses for street closures and landscaping. Mayor Flury opened the Public Hearing. Scott Stuart, 5431 SW 44 Avenue, questioned the density of the surrounding properties. He objected to the density suggested and asked if Bond money could be used for the street closure. Mr. Stuart was also opposed to a recreational park;he would prefer a passive park. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Steve Goldberg, 4010 SW 54 Court, was concerned about a passive park. He felt the application was misleading. Mr. Goldberg stated he was never contacted for any study. He also thought the density would increase traffic in the morning hours. Mayor Flury advised that Chief Cowart would go out to the neighborhood and invite them to a public hearing. Victoria Fudala, 5531 SW 43 Terrace,asked if they could get speed bumps on her street. Scott Stuart stated speed bumps were old fashioned, he would rather close the street and eliminate the speeding problem. Sara Willingham, 5410 SW 43 Terrace, liked the idea of closing the area on SR 7, but thought SW 40`h Avenue would not be able to handle the traffic. Mayor Flury suggested everyone interested in this issue give their names and addresses to the City Clerk so they can be notified when Chief Cowart goes out to meet with the residents. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Director Leeds asked City Attorney Ansbro if the zoning could be more restrictive, in terms of • density,than the land use plan designation. City Attorney Ansbro responded he believed it could be more restrictive. Director Leeds concluded by saying that when the site plan is presented and the Commission is not happy with 13.5 units per acre and want less units,they have the discretion to change it. Commissioner Bertino thought 13.5 units would be extremely tight and said he would approve a maximum of 10 units. He further requested that the type of units be fee simple, not rental units. Vice-Mayor Anton noted 40a'Avenue was a cut through street, and thought it would be difficult to deal with the traffic situation. Commissioner Castro motioned to adopt Ordinance #2006-022, on first reading, with staff recommendations; seconded by Vice-Mayor Anton. Commissioner Bertino felt we should support only 10 units per acre because we all know that we have to find a solution to the traffic and parking issues. Attorney Coffy indicated that her client would like to make sure that when the site plan and rezoning matters come back for approval, the City Commission stick to the 10 units per acre discussed tonight instead of reducing them to less than 10. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Mayor Flury would prefer 13 units with two car garages rather than 10 units per acre with no garages. Commissioner Castro remarked we are discussing the land use change,not the site plan. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea No City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.5 RESOLUTION#2006-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ADOLFO GUITELMAN, ON BEHALF OF THE PROPERTY OWNER MARINA INDUSTRIAL PARK, LLC., FOR PROPERTY LOCATED AT 2401 SW 31 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE, City Attorney Ansbro read the title of Resolution 42006-094. Corinne Church, Principal Planner, advised the site plan is for the construction of an office/warehouse facility. She added that the applicant is also providing a Lift Station on the property at the request of Broward County. Ms. Church further noted that the applicants have worked hard with staff,and no variances are required for the site. Mayor Flury noted it was a very unattractive building. Laurence Leeds,Director of Community Development, indicated it was an average building and the front of the building would be facing 1-595. He commented the applicant was.aware that additional architectural detail might be requested by the Commission. Alberto Mizrahi, Presiddnt/owner of the property, explained that these warehouses would be built of concrete, and would have glass windows. Mayor Flury advised that the Commission recently agreed that all new warehouses should be a little more attractive. She asked staff to work with the applicant and bring back a new design. Mr. Mizrahi did not know what was wrong with the design, however, he would be willing to work with staff to try to make the necessary changes. Vice-Mayor Anton thought the building was too plain and suggested the applicant look at other warehouses that have been tecently approved. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. DRAFT Ret ft:(eorim calf-sddrc -d ctMP-d emmiope) Name: Address: Ttds Instrument Prepared by: Deborah M. McTigue,Esquire Ruden,McClosky, Smith, Schuster&Russell,P.A. 200 East Broward Boulevard 15th Floor Fort Lauderdale,Florida 33301 DATA LINE FOR PROCESSWC SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE TAIS DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS("Declaration')is made and entered into this _ of , 2006, by SHERIDAN HOUSE, INC., a Florida corporation, having an address of 4200 S.W. 54a' Court, Fort Lauderdale, Florida, 33314 ("Declarant"),for the benefit of the CITY OF DANIA BEACH,a Florida municipal corporation,its successors and assigns,with a post office address at 100 West Dania Beach Boulevard,Dania Beach, Florida 33004,with the Joinder and Consent of ("Mortgagee"). WITNESSETH: WHEREAS,Declarant is the owner ofthat certain real property located in the City of Dania Beach,Broward County,Florida,legally described on Exhibit"A",attached hereto and made a part hereof(the"Property"); and WHEREAS,Declarant has applied to the City of Dania Beach("City")to amend the Future Land Use Plan designation of the Property from Community Facility to Medium Residential ("Application"); and WHEREAS,the City has requested that Declarant voluntarily restrict the development of the Property in connection with the City's approval of the Application; and WHEREAS, Declarant has agreed that the Property shall be subject to the terms and provisions of this Declaration as hereinafter set forth. NOW, THEREFORE, in consideration of the promises and covenants herein contained, Declarant hereby declares that the Property shall be owned,held,used,transferred,sold,conveyed, demised and occupied subject to the covenants and restrictions hereinafter set forth, all of which shall run with such Property and any part thereof and which shall be binding upon all parties having any right, title or interest in such Property or any part thereof, their heirs, successors and assigns. FTL:1782363:1 1 DRAFT such captions,headings or titles define, limit or in any way affect the subject matter or any of the terns and provisions thereunder or the terms and provisions of this Declaration. g. Context. Whenever the context requires or admits,any pronoun used herein maybe deem ed to e or neuter form thereof,and the singular form of any pronounsnouns or herei the n maybe deeng med to mean the corresponding plural form thereof and vice versa. 9, Waiver. No waiver of any of the provisions of this Declaration shall be effective unless it is in writing,signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 10. Governing Law and Selection c f Fonrm. This Declaration shall be governed by d construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County,Florida. 11. Attorneys'Fees and Costs. In connection with any litigation or arbitration arising out of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' and paralegals'fees and costs through all trial, appellate and post judgment proceedings and arbitration proceedings. 12. Agreement. This Declaration embodies and constitutes the entire understanding between the parties with respect to the matters contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Declaration. 13. Furthe Assurance. The parties hereto agree to execute such further documents as may be reasonably requested by the other to carry out the intent and purpose of this Declaration. IN WITNESS WHEREOF,Declarant has executed this Declaration on the day first above written_ WITNESSES: DECLARANT: SHERIDAN ROUSE,Inc., a Florida Print rint Name: By: Name: print Name: Title: FTL:1782383:1 3 DRAFT JOINDER AND CONSENT OF MORTGAGEE ("Mortgagee"),as the owner and holder of. (i)that certain Mortgage, Assignment of Leases and Rents, and Security Agreement from recorded ,in Official Records Book at Page and (ii)that certain UCC-1 Financing Statement recorded in Official Records Book at Page_ ,all ofthe Public Records ofBrowardCounty, Florida(collectively, the Loan Documents), does hereby consent to the restriction set forth in this Declaration and subordinates the Loan Documents to such Declaration. WITNESSES: MORTGAGEE: By: Printed Name: Printed Name: Title: Address: Printed Name: STATE OF ) )SS COUNTY OF ) I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by as of freely and voluntarily under authority duty vested in him by said Mortgagee. HeJShe is personally known to me or has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of 2006. Notary Public, State of Florida at Large Typed,Printed or Stamped Name of Notary Public My Commission Expires: FTL:1782363:1 5 DRAFT Ex IT „$„ THE PARK PARCEL FTL:1782363:1 7 City of Dania Beach, Florida Department of Community Development planning and Zoning Division (954) 934-3645 General Development Application O Assignment ofF3ox/Reserve [inns $i land Use Anseadnent MAR 1 3 i O plat O plat Delegation Bequest Q Besoaing Date Reed: _ E3 Sits Plan �' O Special Fseeption Petition No.: O SpecialRegaest i] Trailieway Waiver 0 Variance U Vacation Regneet CI others MS A3!MCAHON V"MNOT BZ AOCET'llla UJNTIL IT IS CX)bEPISIR AND SUNISTISD WPIH ALL NZMARXV DOCUbinM. Bc&r to the appliestion type at the top of this form and `Required Documentation"chocklst to determine the sepplemental documents required with each application. � For after the flux applications,the rospoasble contraotor of r000rd shin be present at the board hearing. Tlheir fkkm to attend may impact upon the disposition of your appliestian. As always, the applicant or their authorized legal agent must be present at an meetings. r / A8 projects mast ako obtain a building permit from the Cty's Be Wing Department. e 1 Incation Address: 4200 SW 50 Court,Dania Beach, FL 33314 ws): --- Bbdc A Subdivision: Sheridan House Plat (105-50) Recorded Plat Name: Sheridan House Plat(105-50) Falb Number(s): 504136120010 legal Description: Sheridan House Plat(105-50) Appiican nsnitan gal Representative(elrole one) Leigh Robinson Ken &Associates, Inc. Address of Applicant: 908 East Las 01as Boulevard Suite 104 Business Telephone: 954-467-6308 Home: Far 954-467-6309 Name of Property Owner. Sheridan House, Inc. Address of Property Owner. 4200 SW 50 Court,Dania Beach,FL 33314 Busineee Telephone: 954-583-1552 Acme: Fax: 954-583-7993 Q Explanation of Request: Please see attached report. C Prop. Nat Acreage: (3ross Acreage: 6.4 acresProp. Square Footage: l Fxatini)fie, Community Facility Proposed Use: Residential Is property owned individually,by a corporation, or a joint venture? Corporation 2565—Appfimtlon for Pupa I understand that cite plan approval automatically expires within 12 months of 6ty /ice isaion approval, pursua11nt to Ordinance No. 2005-040. Appncant wn Iguature Print Name Date APPLICANT, CONSULTANT, OR IXM REPREsENTATIVE NOTARIZED SIQVATURE Sworn to and subscribed `bef`ore me Applicantl(bnsuhantlRepresentative: This day of ru 1 20 ob Signature: Date: Sign Neme o t` 'Pnbk (Print Name) State bf( �� rl(�a ) �et� iQ $off 2e �aS 0lAs 333 Print Name o Notary Street``Address, City, State and 7p Code Commission Expxes Sell. Telephone No. &Fax No. Kelly A.Ray Commission#DD258921 Expires:Oct 15,2007 BmdedThm INDIVIDUAL OWNER NOTARIZED SI"ATURE: Ths is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Apl3B=tl(hnsultaatl%epresentative) to make and file the aforesaid application. Sworn to and subscnbed before me Owner. This day of 20_ Signature: Date: Sign Name of Notary Pablic (Print Name) State of( ) Print Name of Notary Street Address, City, State and Tap Code Commission Expires: Telephone No. &Fax No. Seal 2565—Application for lugs OORPORATION NOTARIZED SIGNATURE: This is to certiy that the below referenced corporation is the owner of subject lands described above and t I a d authorid officer, have authorized (AppL-ans/CD=ultent/Rzpresentatroo) ig� , /forr f ASSa to make and fib the aforessid application. Sworn to and subscribed be8m me Corporation Name: -T . ,L l c . {4 This day bf MAP.r A 20( ezt Date: 3 e 1 Z4,i5 �Gz( Q5T0. ('Print Name) � �l ame of Notary Public (Print Title)Title)S'4of('FL_Oy2Aboi ) �vdnn.e_ 9.n a(Un d Print Name of Notary Street Address, arty, State and Zip Code CD 9��f.�S3-/.�2 qS�F-S83- 7993 Seel my COMMISSION#DD454934 Telephone No. &Fax NO- yrm FXPWLMJ*242D09 / _ inna+iorner �ra.r�mr,.r.rA JOINT VENTURFI PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons we the owners of subject lands described above and that all partners have authorized (Applicant/(maufteatiRegmsentativa) to malts 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, (Sty, State and Tip Code Commission Expires: Telephone No. &FaKNo. Seal: **Each partner must sign. Attach duplicate sheets as required. 2565—Application for lupa Inc S Ass oc�a es, . tula„1W,American jnsfftUte of carufLed Fanners Df f 1 9 2007 Nanning December 18, 2007 Department Laurence G.:Leeds,A:1CP Growth Management City of Dania Beach 100 west Dania 8each.Bouleuard ` Dania Beach, FL 33009 Re: Sheridan HouseLUPA Dear Mr. Leeds: Please schedule the above land use plan amendment for adoption by the City Commission at your earliest convenience. Please call with any questions. r re 'y LeighR. Kerr, AICP -- President cc: Dennis D. Mele, Esquire a Vhmn'tng Zo yin- Land Lase ExpertT&sEirADAy 808 East Las Olas Boulevard,Suite 104, Fort Lauderdale, Florida 33301 Phone (9544)467-6308 Fax (954) 467-6309 Ikerr66B @ bellsouth.net &ctabAshed 19B5 a FLORIDA August 3, 2006 Henry Sniezek, AICP Executive Director Broward County Planning Council 115 S. Andrews Avenue, Room 307 Fort Lauderdale, FL 33301 -4801 Re: Broward County Land Use Plan Amendment Application: Sheridan House, Inc. (4200 SW 54th Court, Dania Beach, FL) Dear Mr. Sniezek: In March 2006, Sheridan House, Inc. submitted an application to change the land use for the above property from "Community Facility" to "Medium 16". The City Commission approved an Ordinance on first reading and authorized transmittal to the Broward County Planning Council of a recommendation to change the land use from "Community Facility" to 12 - 13.5 residential dwelling units per acre", subject to certain voluntary commitments made by the property owner. This is consistent with our prior letter of June 14, 2006, attached. While the Sheridan House application states "Medium 16" residential density, this is not the designation approved by the City Commission. We have enclosed a draft ordinance reflecting the City Commission's decision on this matter. Please contact me if you have any questions. Sincerely, Ivan Pato, City Manager Enclosures cc: Leigh R. Kerr, AICP, Leigh Robinson Kerr & Associates, Inc. Dennis D. Mele, Esquire "Broward's First Cit/' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 w ci.dania-beach.fl.us ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO REDESIGNATE FROM "COMMUN ITY FACILITIES" TO "12 - 13.5 RESIDENTIAL DWELLING UNITS PER ACRE" FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING -°FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Leigh Robinson Kerr and Associatz s,Inc. representing the property owner Sheridan House, Inc., has made application to amend the local future land use plan to allow 102 residential dwelling units; and WHEREAS,the City Commission,after reviewing said application, desires to amend the future land use plan to allow 77 to 96 residential dwelling units, based on certain voluntary commitments made by the applicant; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMNIISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Future Land Use Element and Map is amended as described below: THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLORIDA, IS AMENDED TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "12 - 13.5 RESIDENTIAL DWELLING UNITS PER ACRE" FOR PROPERTY LOCATED AT 4200 SW 54T11 COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That the staff shall submit this amendment to the Broward County Planning Council for re-certification. Section 5. That this Ordinance shall take effect immediately at the time of its passage. However, this plan amendment shall not become effective until the conclusion of the process and time frames set out in Section 163.3187(3)(a) of the Florida Statutes and re- certification by the Broward County Planning Council. PASSED on first reading on June 13, 2006. PASSED AND ADOPTED on second reading on 12006. PATR,M FLURY.-' MAYOR—CONWISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO'FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-022 EX MIT 'A' Legal Description: parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. 3 ORDINANCE#2006-022 tow FLORIDA June 14, 2006 Henry Sniezek, AICP Executive Director Broward County Planning Council 115 South Andrews Avenue, Room 307 Fort Lauderdale, FL 33301-4801 , Re: Broward County Land Use Plan Amendment Application Transmittal with Request for Concurrent Transmittal to DCA-SHERIDAN HOUSE Dear Mr. Sniezek: Enclosed please find fifteen (15) copies of a Broward County Land Use Plan Amendment Application. On May 17, 2DO6, the City's Local Planning Agency held a public hearing and recommended approval of the local land use plan amendment. On June 13, 2006, the City Commission approved an Ordinance on first reading of the proposed land use plan amendment for 12 - 13.5 dwelling units per acre with voluntary restrictions and authorized transmittal to the Broward County Planning Council with a recommendation of approval. The City of Dania Beach requests the Broward County Planning Council take favorable action on the enclosed Application for Amendment to the Broward County Land Use Plan at its next available public hearing, consistent with the enclosed ordinance. The City also authorizes the Broward County Planning Council to 'transmit the local amendment corresponding to a Broward County Land Use Plan amendment to the Florida Department of Community Affairs for review. If you have any questions concerning this application, please contact Larry Leeds, Community Development Director at 954-924-3640, Sincerely, Ivan Pato City Manager Enclosures cc: Laurence Leeds, AICP, Community Development Director Leigh R. Kerr, AICP, Leigh Robinson Kerr & Associates, Inc. "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH LU-18-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, April 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 adopting the following ordinance: LU-18-06 — Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation for property located at 4200 SW 54 Court. The request is to change the future land use designation of the property from Community Facility (CF) to Medium Density Residential (16 units per acre). ORDINANCE NO. 2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Adoption—2nd Reading) Exhibit `A' - Legal Description: Parcel A, Sheridan House Plat (Plat Book 105, Page 50), Public Records of Broward County Florida. Copies of the proposed request are available for viewing in the Department of Community Development, 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. 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(o m m C? m C? (�) r) C? C? C? C? M co. M. (�) C? N CD r r — r r r r r r r r r — r r r r �} -E IT "TIT "TI TqT ITITI 'T IT TIT IT IT IT ITIT IT ITIT "T Uo0 � (on u0) (on LO LO u0i � u0 LO W) uo) (on � n n LE)CD C) � m m vo) LO co = NOTICE OF PUBLIC HEARING CITY•OF DANIA BEACH LU-18-06 NOTICE IS HEREBY GIVEN that a public.'heanng anll be held before the City Commission on Tuesday, April 0,2008;, at 7:00 p.m., or as soon thereafter as Bible; in the Darya Beach City Commission RDorrf,,Administrative Center 100 West Dani a ng the folio Dania Beach,Florida 83004,for the purpose of adopting the following oniinance: LU-18-06 Leigh Robinson Ken•$Associates I Inc., on behalf of the property owner Sheridan House, Inc. is requesting a ohange in the future land use designation for property located at 4200 SW 54 Court. The request isto change the future land use designation of the property from Community Facility (CF) to Medium Density Residential(16 units per acre). AND US AN ORDINANCE AMENDING THE FUTURE LAND PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH, FLDRIDA; REQUEST BY LEIGH ROBINSON . KERR &' ASSOCIATES, INC., TO REDESIGNATE FROM. "COMMUNITY FACILITIES" (CF) TO "MEDIUM DENSITY RESIDENTIAL- (16 UNITS. PER ACRES) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND ' LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED'TO THIS ORDINANCE; PROVIDING THAT. ALL _ORDINANCES OR PARS OF'ORDWANCESON CONFLICT WITH THIS ORDINANCE A♦3E REPEALED.TO THE DQEt-i OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN.EFFEGTNE DATE. (Adoption—2nd Reading)': F , ! � A I � — b. ` itf t CRY of DaNa Beach - �! Boundary Map Exhibft'A'-Legal Description: Parcel A.Sheridan House Plat(Plat Book 105,Page 50),Public Records of Broward County.Florida: Copies of the proposed request are available for viewing in'the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of.8:00 a.m. and . . 4:D0'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 accordanca'with.the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedipgs should contact'the City Crerk at 100 W. Dania Beach Blvd, Dania Beach, FL 33D04.or(9$4) 924-36D0,_at least 48 hours:prior to ' meeting. 'Any person wfio 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 CITY OF DANIA BEACH Agenda Item # 9 a Agenda Request Database Date of Commission Meeting: 5-27-2008 Public Hearing ❑ Adopt Resolution X❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 5-13-2008 RESOLUTION NO.2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER,APPROVED BY RESOLUTION 2007-208 ON OCTOBER 23,2007.SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS,L-C,FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD.(2081 GRIFFIN ROAD),IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-91-06mod.: The applicant, Sue Delegal,on behalf of the property owner Griffin Road Partners, LLC., is requesting site plan modification for the property at 2081 Griffin Road. Resolution Staff Report Application Declaration of Covenants Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-073 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND WAIVER, APPROVED BY RESOLUTION 2007-208 ON OCTOBER 23,2007,SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC,FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Nick Economos, on behalf of the owner, Griffin Road Partners, LLC, has applied for modifications to the site plan and waiver approved by Resolution 2007-208,relating to the proposed construction of two hotels and an office building, to be generally located at the northeast corner of Griffin Road and Ravenswood Road, (2081 Griffin Road), in the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposed modifications to the site plan(SP-91-06)and waiver(WA- 30-07),for property generally located at the northeast corner of Griffin Road and Ravenswood Road, (2081 Griffin Road),in the City of Dania Beach are approved, subject to the conditions previously approved by the City Commission as follows: 1. All landscaped areas must be curbed w/type"D" or"F"curbing(to be identified on the site plan). 2. Provide maximum wall enclosures for dumpster is 6'8" (per Planning Division). 3. The applicant must provide a recorded copy of the plat prior to issuance of a building permit (per the Planning Division). 4. FAA approval of height of buildings and pole sign prior to issuance of a building permit must be furnished to the City. 5. Submit evidence of commitment to provide 7 day/24 hour on-demand hotel shuttle. 6. Entire project is subject to a parking arrangement allowing customers to park anywhere on the site, subject to City Attorney approval as to documents embodying such arrangement. 7. Medical Office is allowed only upon a showing that sufficient parking is available based on medical office parking requirements (1 space per 150 sq. ft. of gross floor area). 8. Compliance with Fire Department and Public Services comments (attached to and incorporated into this Resolution as "Attachment 1"). 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. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-073 "ATTACHMENT 1" GRIFFIN ROAD PARTNERS—FIRE AND PUBLIC SERVICES CONDITIONS 1. Provide fire flow calculations prepared, signed and sealed by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 sq.ft.in size. All calculation must be in accordance with the Guide for the Determination of Required Fire Flow, Edition 05-2006(Fire Marshal). 2. Provide a fire flow test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau(Fire Marshal 1- 18-07). 3. Vertical clearances of 14'min.are required. Demonstrate this requirement by providing note on plans (Fire Marshal). 4. Demonstrate or provide a note on the plan to indicate the following requirements of DOT roadway pavement markers: 1)provide 2 blue double-reflective department of transportation type road marker to be adhered to the hard surfaces of the roadway in the middle of the lane nearest to & directly in front of the newly installed fire hydrant(Fire Marshal) 5. Provide clearances of 7.5' in front of and to the sides of the fire hydrant,with a 4' clearance to the rear of any hydrant of fire protection appliance(Fire Marshal). 6. Additional fire hydrants are required. Hydrant spacing shall not exceed 300 feet linear separation for commercial properties. The distribution system must remain looped and hydrants shall not be located less than 40' from buildings (Fire Marshal). 7. Identify the locations of all standpipes and FDC's. Provide additional FDC's as required by the Fire Marshal. Please see the Fire Marshal for locations. See comments from 1-18-07 for FDC's requirements (Fire Marshal). 8. Provide a detail for the backflow prevention assemblies (Fire Marshal). 9. Drawings C-1, check and correct note#11, See drawing C-4 (Public Services). 10. Drawings C-2&C-4,provide necessary quantity of stormteck SC-740 chambers to mitigate difference in required pervious area of 30%versus 23%provided. Recommend approval of waiver if mitigated(Public Services) 11. "NO PARKING"signs,striping and curb painting are required in multiple areas for this site. Please see the Fire Marshal to discuss locations. See the details in Fire Marshal comments dated 1-18-07 (Fire Marshal). 12. Please provide fire hydrant detail in accordance with the following: 3 RESOLUTION#2008-073 • The center of a hose outlet shall be not less than 18" above final grade, or where located in a hose house, 12"above the floor. • The streamer opening is to be 4.5"in size with 4 National Standard Treads per inch. • All fire hydrants shall be `traffic type' to beak-away upon impact. • The fire hydrant main body valve shall open against the flow and shall close with the flow. 4 RESOLUTION#2008-073 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 27, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal PlannerG16W, SUBJECT: SP-91-06mod.: The applicant, Sue Delegal, on behalf of the property owner Griffin Road Partners, LLC., is requesting site plan modification for the property at 2081 Griffin Road. SITE PLAN MODIFICATION The applicant is requesting a site plan modification to allow the subdivision of the previously approved site plan into three (3) separate parcels. The applicant has provided a Declaration of Covenants, Restrictions and Easements which identifies cross easements for utilities, drainage and storm water management. The applicant intends to construct and maintain the site as reflected in the original site plan. CITY COMMISSION PREVIOUS ACTION On May 13, 2008 the City Commission continued this item at the applicant's request. On October 23, 2007 the City Commission approved the site plan, waiver and variances for this project with conditions. STAFF RECOMMENDATION At the discretion of the City Commission. LAW OFFICES BILLING, COCT7RAN, HEATH, LYLE6, MAURO, ANDER60N & R.A 4sEY, P.A. POST OFFICE BOX 21627 GREGORY T.ANDERSON FORT LdanHansta, FnoGernw 33335-1627 MICHAEL V.BAXTER CLARK J.COCHRAN.JR. ERIC P.CZELUSTA W.TUCKER CRAIG BBB S.E.3Rc AVENUE,SUITE 301 VIVIAN H. FAZIO SUSAN F.DELEGAL FORT LAUDERDALE, FLORIDA 33316 JUSTIN D.GROSZ CAROL J.HEALY GLASGOW (954)]64-]I50 KERA E. HAGAN FAX:(954)764-7279 THOMAS C.HEATH DONNA M. KRUSBE GREGORY M.KEYSER - 400 AUSTRALIAN AVENUE SOUTH,SUITE 500 DANIEL L. LOSEY GERALD L KNIGHT WEST PALM BEACH, FLORIDA 33401 ALINE O. MARCANTONIO DENNIS E. LYLES (561)659-5970 KRISTA K MAYFIELD JOHN W. MAURO FAX: (560 659-6173 SHAWN B.M.KAMEY KENNETH W.MORGAN.JR. JOHN B. MOORES BRUCE M.RAMSEY 3001 N. ROCKY POINT DRIVE EAST.SUITE 200 MICHAEL J.PAWELCZYK KEVIN M.VANNATiA TAMPA. FLORIDA 33607 T.CHRISTINE PEREZ 1BI3)EBI-467I ANDREW A.RIEF STEVEN F. BILLING 11947-19961 FAX:(613)2B9-]]4B PHILLIP W.THRON HAYWARD D.GAY 11943-2OD7I W .bchlm.com PLEASE REPLY TO: = f1 FORT LAU DERDALE April 21, 2008 VIA HAND DELIVERY Ms. Corrine Lajoie, AICP Principal City Planner City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Re: Amendment to Resolution 2007-208 approving Site Plan for Griffin Road Partners, LLC - 2081 Griffin Road Dear Ms. Lajoie: Attached please find the General Development Application with regard to the above referenced matter. Please let me know if you have any questions. Very truly yours, Susan F. Delegal For the Firm — { SFD/rm 1� tF Encl. I' 100006223.DDC v.1 4/21/2008 01:53 PM} City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units 0 �i ❑ Land Use Amendment Jt l k r ❑ Plat ` 13 ❑ Plat Delegation Request ! a El Rezoning APR � 17008 Date Rec'd: fJ[ Site Plan �n r' ' J ❑ Special Exception Planning Petition No.:�L 0� ❑ Trafficway Waiver s 6 rtment� ❑ Variance ❑ Roadway Vacation ❑ Extended Hours ❑ 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: 2081 Griffin Road, Dania Beach, Florida 33304 Lot(s): Block: Subdivision: Recorded Plat Name: Airport Caaneroa Center Plat 5042 2817 0010 LP�aDescription, er lew n• Parcel A, Airport Commerce Center Folio Number(s): a 8-39 Applicant/Consultant/Legal Representative (circle one) ,Susan F. Delegal 888 S.E 3rd Avenue, Suite 301 , Fort Lauderdale, FL 33316 Address of Applicant: Business Telephone: 354-764=7150 Home: Fax: 954-764-7279 Name of Property Owner: Griffin Road Partners, LLC 4000 N. Federal Highway, Suite 206, Boca Raton, FL 33431 Address of Property Owner: 561-361-2568 Fax: 561-361-3945 Business Telephone: Home: Explanation of Request: Amendment to Resolution 2007-208 approving site plan For Plats please provide proposed P/at Name for Variances Please attad7 Criteria Statement as per Aftide 10.13 of L77apter 28, Zoning Code. 8. 354,926 Prop. Net Acreage: 148 Gross Acreage: Prop. Square Footage: Existing Use: vacant land Proposed Use: hotel/office limited liability company Is property owned individually, by a corporation, or a joint venture? I understand.that site plan and variance approval automatically expires within 12 month Commis ' pproval, pursuant to Ordinance No. 2005-040. Nicholas Economos, Sr. 'H l S l D$ Applicant/Owner signiture Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This j]±�ay of`p` -'—20-0% ` Signature: 0 i n� Date: ate. 4SIgnamgryc (Print Name)888 S.E. 3rd Avenue, Suite 301 Fort Lauderdale, FL 33316 Print Name of Nota Street Address, City, State and Zip Code Com it : 'LMAC=" 954-764-7150 954-764-7279 (fax) Seal: _• 3527i3 Telephone No. &Fax No. EXPIRES:September7,2D03 mmr nw ndm,fnmc ua�.,n=a 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. GRIPFla fto . elatesctc ati: Sworn to nd subs c ' d bef re me owner: (13%c%S a aS Frf 6 f e This /SSI C ayof=201Z�-- Signature: Date: `I I I & ! 0 s- iGK �Cor'ol-AoS 4'5Name f Public (P rint Name) )of( ) you N FEDERAL Hw°I srF X* (3oc-A RAT-aLFL 33431 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: 561-361- Z536 s6i- Xi - 39ys Ca4K) Seal: Telephone No. &Fax No. fiAVif351k6N F+ 1arY Pubic.Stria of Fbr& CommfssioaDOMM My comm.Mpkm July 30.2oi 1 CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject descibed above and L as a duly authorized officer, have authorized (Applicant/ t/ jid)olas Booncirns, Sr. Manager to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Griffin Road P , LLC This day of 20 a -v Signature: las ranos, Sr. ge-r Do Date: 9 1% r Fc"�)d M O,s oaren as tt {Print Name) Manager Si Na e o No ublic (Print Title) tate o ( ) IjC,00 . t`�DEPAL Ik,�i srF 2,6 accARA YZ-33`I3, Print Name of Notary Street Address, City, State and Zip Code commission Expires: 561 �•t>'&6 36�-36! •341f Cfox) Telephone No. &Fax No. Seal: 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 to morizake end flepthe aforesaid lica nt/Repres ntative) 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: Telephone No. & Fax No. Seal: **Each partner must sign. Attach duplicate sheets as required. LAW OFFICES BILLING, COCHBAN, HEATH, LYLES, MAUHO, ANDE&SON & RAMSEY, P.A. POST OFFICE BOX 21627 GREGORY T.ANDERSON PORT LAIID88DALHr FLORID 3333 5-162 7 MICHAEL V.BAXTER CLARK J.COCHRAN,JR. 01 ERIC P.CZELUSTA W.TUCKER CRAIG B88S.E.3Ro AVENUE,SUITE 3 FOORTRT LAUDERDALE. FLORIDA 3331316 VIVIAN H. FAZIO SUSAN F.DELEGAL (954)764-71SO JUSTIN D.GROSZ CAROL J. HEALY GLASGOW FAX:(954)764-7279 KERA E.HAGAN THOMAS C. HEATH DONNA M. KRUSBE GREGORY M. KEYSER 400 AUSTRALIAN AVENUE SOUTH,SUITE SOO DANIEL L. LOSEY GERALD L KNIGHT WEST PALM BEACH, FLORIDA 33401 ALINE 0.MARCANTONIO DENNIS E. LYLES (561)659-5970 KRISTA K. MAYFIELD JOHN W.MAURO FAX:(561)659-6I73 SHAWN B.M.KAMEY KENNETH W. MORGAN.JR. JOHN S.MOORES BRUCE M.RAMSEY 3001 N.ROCKY POINT DRIVE EAST,SUITE 200 _ MICHAEL J.PAWELCZYK KEVIN M.VAN NATTA TAMPA. FLORIDA 33607 T.CHRISTINE PERE2 - = A (613)261-4671 ANDREW A.RIEF STEVEN F.BILLING 01 7 1998) FAX:(613)269-7748 } `F 'L PHILLIP W,THRON HAYWARD D.GAY U94320D7) - - -- www.bchlm.com PLEASE REPLY TO: rr�.1 1l [U68 FORT LAUDERDALE @1 _ 2 April 16, 2008 Ms. Corrine Lajoie, AICP Principal City Planner City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: Amendment to Resolution 2007-208 approving Site Plan for Griffin Road Partners, LLC - 2081 Griffin Road Dear Ms. Lajoie: This firm represents Griffin Road Partners, LLC, the applicant for a request to amend City of Dania Beach Resolution 2007-208 which granted site plan approval and certain waiver requests for property located at the northeast comer of the intersection of Griffin Road and Ravenswood Road ("Property"). Enclosed are the following documents: Exhibit 1 —City of Dania Beach Resolution 2007-208 dated October 23, 2007 Exhibit 2 —ten (10) copies of sketch of approved site plan showing new property boundaries [two (2) 24"by 36" and eight (8) 11" by 17"] Exhibit 3 — Certificates from Florida Secretary of State evidencing filing of Articles of Incorporation for GRIFFIN ROAD ONE, LLC, GRIFFIN ROAD TWO, LLC, and GRIFFIN ROAD THREE, LLC Exhibit 4 - Declaration of Covenants, Restrictions and Easements of Griffin Road Partners, LLC 100006205.DOC v.1 4/16/2008 02:36 PM} Ms. Conine Lajoie April 15, 2008 Page 2 The project for which site plan approval was granted by the City Commission ("Project") consists of two (2) hotels (a Homewood Suites Hotel and a Fairfield Inn) and a sixty-two thousand (62,000) square foot office building. You may recall that representatives of the applicant met with you, City Attorney Tom Ansbro, and the City's special land use counsel to discuss the process and procedure for obtaining the City's approval of a change in ownership of the property upon which the Project will be constructed. Section 8-4 of the Code of Ordinances of the City of Dania Beach provides that site plan "approval shall automatically expire if the affected property is sold and may only be revived if approved by the City Commission." Griffin Road Partners, LLC, as the property owner, desires to obtain advance a roval from the Citv of Dania h for subdivision of the Property in o ee 3 separate parcels. Exhibit 2 illustrates the new y lies as o ows: arce s a comprise the Fairfield Inn; Parcel 2 shall comprise the Homewood Suites; and Parcel 3 shall comprise the office building. The new property lines are indicated by the dashed lines shown on the sketch including the parking spaces that will be included for each use. Exhibit 3 is a composite of certificates issued by the Florida Secretary of State evidencing the creation of three new entities identified as Griffin Road One, LLC, Griffin Road Two, LLC, and Griffin Road Three, LLC. Griffin Road One, LLC will own Parcel 1, the Fairfield Inn; Griffin Road Two, LLC will own Parcel 2, the Homewood Suites, and Griffin Road Three, LLC will own Parcel 3, the office parcel. A review of the certificates demonstrates that each of these three companies is an entity related to Griffin Road Partners, LLC, the owner of the property upon which the site plan approval was granted. And, finally, Exhibit 4 is a Declaration of Covenants, Restrictions and Easements ("Declaration") which will be recorded on the Property by Griffin Road Partners, LLC, prior to conveyance of the three parcels to the new entities, creating a master association and declaring ownership in the association among the owners of Parcels 1, 2, and 3. Please note with particularity Article 6 titled "Easements" providing for cross easements for access and arkin amon thee parcels as we as easements for utilities drainage., an storm water management. Moreover please note that Section 5.3 provides that all development within the Property must Ue consnucted azid maintained in accordance with e si e p an approva o e i , me 6.5 provi es a perpe a easement on Parcel 3 for the enefit of Parcels 1 and 2 for the installation of a pole sign to idenrify al] tluee uses. Section ]2.3 provides the City of Dania Beach with enforcement rights under the Declaration. We included provisions in the Declaration consistent with our discussion at the meeting. Also, counsel requested a copy of the operating agreement among the parties. There is an operating agreement under preparation; however, it deals only with financing issues unrelated to the concerns raised by representatives of the City at the meeting. The Declaration is the operative document concerning the issues raised by the City relating to use, operation and maintenance of the property and the buildings thereon, including common areas, utilities, and amenities serving the entire Property. 400006205.DOC v.1 4116/2008 02:36 PM Ms. Corrine Lajoie April 15, 2008 Page 3 Please let me Imow if there are any further documents required to complete this application for amendment to the resolution approving the site plan. We also understand that certain cost recovery charges will be applicable and the applicant is prepared to pay reasonable costs associated with the City's review. We understand that once staff and legal counsel are satisfied with the submittal, it will be placed on the agenda of the City Commission for approval. We very much appreciate the City's cooperation and look forward to working further with you on this matter. Sincerely, SUSAN F. DELEGAL For the Finn SFD/nn Encl. cc: Tom Ansbro, Esq. Nick Economos 100006205.DOC v.14/16/2008 02:36 PM{ RESOLUTION NO.2007-208 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY NICK ECONOMOS ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA; 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, Article 18.60"Industrial Research Office Marine",of Chapter 28 of the City Code of Ordinances sets the front yard and interior side lot line setback requirements for uses within the IROM zoning district; and WHEREAS,Article 29,"Pervious and Impervious Areas",of Chapter 28 ofthe City Code of Ordinances set the minimum pervious area requirements for uses within the IROM zoning district; and WHEREAS,Nick Economos,on behalf of the property owner,Griffin Road Partners,LLC, is requesting site plan approval(SP-91-07)for the proposed construction of two hotels and an office building, to be generally located at the northeast corner of Griffin Road and Ravenswood Road, (2081 Griffin Road), in the City of Dania Beach; and WHEREAS, Nick Economos, on behalf of the property owner, is also requesting the following waivers (WA-30-07): 1. Request to provide 24%pervious area(Chapter 28,Article 29,"Pervious and Impervious Areas",allows a minimum of 30%pervious area); 2. Request to provide an office building with 20 foot front yard along Griffin Road(Chapter 28,Article 18, IROM, Section 18.60 requires a 62 foot setback); I 3. Request to provide an office building with 10 foot interior side lot line (Chapter 28, Article 18,IROM, Section 18.60 requires 31 '/Z-foot for interior side yards); and WHEREAS,the Planning and Zoning Board on September 27,2007,recommended that the City Commission grant the site plan request(SP-91-06),subject to certain conditions,based uponthe criteria set forth in Section 8.4 of Article I 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,also recommended that the City Commission grant the request for waiver(WA-30-07),subject to certain conditions,based upon the criteria set forth in Sections 29.10 of Article 29 and 18.60 of Article 18, of Chapter 28 of the Code of Ordinances of the City of Dania Beach; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application(SP-91-06)for site plan approval and(WA-30- 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. All landscaped areas must be curbed w/type"D"or"F" curbing. Identify on site plan. 2. Maximum wall enclosure of dumpster is 6% 8'proposed. Revise accordingly(Planning Division). 3. Must provide recorded copy of plat prior to issuance of a building permit (Planning Division). 4. FAA approval of buildings and pole sign prior to issuance of a building permit. 5. 7 day/24 hour on-demand hotel shuttle. 6. Entire project subject to a parking easement allowing customers to park anywhere on the site- s. Medical Office allowed only upon a showing that sufficient parking is available based on medical office parking requirements (1 space per 150 sq. B. of gross floor area). 8. Fire Department and Public Services Comments (Attached to this resolution as "Attachment I"). 2 RESOLUTION 42007-208 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 i 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 October 23, 2007, T MAYOR OMMISSIONER �TTEST. azLlf.r LOUISE STILSON,CMC CITY CLERK APPROVED TOFO AN CORRECTNESS: BY: THO S J. SB O CITY ATTORNEY 3 RESOLUTION#2007.208 "ATTACHMENT 1" GRIFFIN ROAD PARTNERS—FIRE AND PUBLIC SERVICES CONDITIONS 1. Provide fire flow calculations prepared, signed and sealed by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 sq.ft.in size. All calculation must be in accordance with the Guide for the Determination of Required Fire Flow,Edition 05-2006(Fire Marshal). 2. Provide a fire flow test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau(Fire Marshal 1- 18-07). 3. Vertical clearances of 14'min.are required. Demonstrate this requirement by providing note on plans(Fire Marshal). 4. Demonstrate or provide a note on the plan to indicate the following requirements of DOT roadway pavement markers: 1)provide 2 blue double-reflective department of transportation type road marker to be adhered to the hard surfaces of the roadway in the middle of the lane nearest to&directly in front of the newly installed fire hydrant(Fire Marshal) 5. Provide clearances of TY in front of and to the sides of the fire hydrant,with a 4' clearance to the rear of any hydrant of fire protection appliance(Fire Marshal). 6. Additional fire hydrants are required. Hydrant spacing shall not exceed 300 feet linear separation for commercial properties. The distribution system must remain looped and hydrants shall not be located less than 40' from buildings (Fire Marshal). 7. Identify the locations of all standpipes and FDC's. Provide additional FDC's as required by the Fire Marshal. Please see the Fire Marshal for locations. See comments from 1-18-07 for FDC's requirements (Fire Marshal). 8. Provide a detail for the backflow prevention assemblies (Fire Marshal). 9. Drawings C-1,check and correct note 411,See drawing C-4 (Public Services). 10. Drawings C-2&C-4,provide necessary quantity of stormteck SC-740 chambers to mitigate difference in required pervious area of 30%versus 23%provided. Recommend approval of waiver if mitigated(Public Services) 11."NO PARKING"signs,striping and curb painting are required in multiple areas for this site. Please see the Fire Marshal to discuss locations. See the details in Fire Marshal comments dated 1-18-07 (Fire Marshal). 12. Please provide fie hydrant detail in accordance with the following: 4 RESOLUTION K007.208 The center of a hose outlet shall be not less than 18" above final grade, or where located in a hose house, 12"above the floor. The streamer opening is to be 4.5"in size with 4 National Standard Treads per inch. All fire hydrants shall be `traffic type' to beak-away upon impact. The fire hydrant main body valve shall open against the flow and shall close with the flow. I 5 RESOLUTION 42007-208 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3b45 General Development Application ❑ Administrative Variants ❑ Assignment of Rex/Reserve Units ❑ Land Use Amendment • plat • Plat ❑ Rezoning tbn Request Date Recd. S �l 4 to B�Site Plan �y ❑ special Exception DEC p 1 2006 petition No..�°ll O(o ❑ special Request ❑ Trafflcwaq Waiver Planning Variance ❑ Vacation ftegnat Department ❑ ottter: THIS APPLICATION WILL NOT ed ACCEPTED UNTIL IT IS COMPLETE AND SUSMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Doaimentation"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. Ll Location Address: Z Q S % GAFF=n (1 CAD, oA a-tA ; gMr A , F/..- 333 C' Lot(s): 12 Block: _ Subdivision: Recorded Plat Name: ,4t2P06rea9aY -C c�Nr PL r Folio Number(s): I b5 36Z$55 Legal Description: kr lz 8ioc v 3 T oP Stf's LS, z4 3l r4.yD3L r5o8 �Z4yE Applican onsultant/Legal Representative (circle one) Address of Applkant: �ooU aQKTH =Eo£ltla+. kwi siE.Lcb, Bucr4f�/+Tw +, K. 33�i31 Business Telephone:5 21-361 -ZS% Home: Fax:S64- 3G I . 39`/ S` Name of property owner: G KZ 3=F RLA,0 W-TtJUT LLC- Address of Property owner:Wo NoLTH FOE24C 11WY Sri 2U0• (3uAKATLN, FL33`/31 Business Telephone:5i-IW-2s3-6 Home: Fax: mil ' 3hi-3gys Explanation of Request: 5 i Tf P&W r[ 11&W Prop. Net Acreage: $ 1qS Gross Acreage: Prop. Square Footage: 354, QL6 Existing Use: 1 Ar-d 11 LAN.Q Proposed Use: VAt,MLS IGFFrte- /03T-A,4/;uW T- is property owned individually, by rporaUon r a joint venture? QR-W41AT-� C LLB l I understand that site plan and variance approval automatically expires within 12 months City Commission approval,pursuant to Ordinance No. 2005-040. t4tcrif.[aNOMUS' 1LI13IG.6 Applican caner gnature Print Name Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant ultant/Representative: rodawy uo�20 Signatur . Date: L 1 0 6 N t cK EC.ae riw5 SEgn Na of Notary Public (Print Name) a ZACK RANttAN tAN hktaly Public,Shle Of Florida yGta xr—IX►( i�44- HLkH,e MNy cumin.expire!Aug 25,?009 &4t& QJ�.]-e'.a- Be. �3N]Street Address,City,State and Zip Code Commission Expires: 561-3Z 1 ZTSr{.Ga1) �7n1- 361-39'►5 CF 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 (ApplimnVConsultant/RepresentatNe) to make and file the aforesaid application. Sworn to and subscribed before me Owner: Ths_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of{ ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. i - 850-617-6381 2/20/2008 10 : 43 PAGE 001/002 Florida Dept of State �f Ile-partutent of Otttte HOW HI certify the attached is a true and correct copy of the Articles of Organization of GRIFFIN ROAD ONE, LLC, a limited liability company organized under the laws of the state of Florida, filed on 8 February 19, 2008, as shown by the records of this office. I futher certify the document was electronically received under FAX audit number H08000040619. This certificate is issued in accordance with section 15. 16, Florida Statutes, and authenticated by the code noted below V 5 The document number of this limited liability company is L08000017993. C aim Authentication Code: IOBA00010767-022008-108000017993-1/1 A TOT APR i 72008 l Mn i Given under my hand and the M Great Seal of the State of Florida, ll at Tallahassee, the Capital, this the OwsTwentieth day of February, 2008 M 3kurt ib. 79rowninq fberretarg of ibtate MA i s MdAbHA NIH,5 H. 5%HMW.9MMU� Received 02-20-2008 10:3Tam from-850-61T-6381 To-Katz Barron 8qultero page 001 850-817-6381 2/20/2008 10 : 43 PAGE 002/002 Florida Dept of State February 20, 2008 FLORIDA DEPARTMENT OF STATE Division ofCorporations GRIFFIN ROAD ONE, LLC 4000 NORTH FEDERAL HWY STE 206 BOCA RATON, FL 33431 The Articles of Organization for GRIFFIN ROAD ONE, LLC were filed on February 19, 2008, and assigned document number L08000017993 . Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. To be official, the certification for a certified copy must be attached to the original document number that was electronically submitted and filed under FAX audit number E08000040619. A limited liability annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FBI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 . Please be aware if the limited liability company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Gina McLeod Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 108A00010767 P.O BOX 6327-Tallahassee,Flonda 32314 Received 02-20-2000 10:31am From-850-fi17-6361 To-Katz Barron Sooltero Page 002 Audit Number: H08000040619 3 ARTICLES OF ORGANIZATION FOR FLORIDA LIMITED LIABILITY COMPANY ARTICLE 1. -Name The name of the Limited Liability Company is: GRIFFIN ROAD ONE, LLC ARTICLE II.—Address The mailing address and street address of the principal office of the Limited Liability Company is: 4000 North Federal Highway, Suite 206 Boca Raton, Florida 33431 Attn: Nicholas Economos ARTICLE III.—Registered Agent,Registered Office, & Registered Agent's Signature: The name and the Florida street address of the registered agent are: Corpco, Inc. 2699 S. Bayshore Drive, 7`h Floor Miami, FL 33133 Attn: Howard L. Friedberg, Esq. Having been named as registered agent to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 608, F.S. REGISTERED AGENT Corpco, Inc., a Florida, oration By. Howard L. $iedberg, Vice President Audit Number: H08000040619 3 Audit Number. H08000040619 3 ARTICLE IV.—Management: The Limited Liability Company is to be managed by one or more managers and is, therefore, a manager-managed company. The name and address of such manager who is to serve as the initial manager is: Griffin Road Partners, LLC, a Florida limited liability company 4000 North Federal Highway, Suite 206 Boca Raton, Florida 3 431 Attn: Nicholas Eco os Howard L. Friedberg, as Authoriz Representative of a Member In accordance with section 60 .408(3), Florida Statutes, the execution of this do ment constitutes an affirmation under the pen ties of perjury that the facts stated he in are true. H:\LI B\DOCW7274001\CRP\IC9298.DOC Audit Number: H08000040619 3 -2- 850-617-6381 2/20/2008 8 : 03 PAGE 001/002 Florida Dept o£ State Of atc- = Or t tba r � x �. :Orpariment of I certify the attached is a true and correct copy of the Articles of M Organization of GRIFFIN ROAD TWO, LLC, a limited liability company .7 organized under` the laws of the state of Florida, filed on � February 19, 2008, as shown by the records of this office. �7 I futher certify the document was electronically received under FAX audit Is number H08000040637 . This certificate is issued in accordance with nC section 15. 16, Florida Statutes, and authenticated by the code noted below° The document number of this limited liability company is L08000017658. a CI C Authentication Code: 408A00010737-022008-L08000017658-1/1 :n HE ME I� Ff� � LLIiU LL IJ 9 a 41 C Given under my hand and they Great Seal of the State of Florida, - at Tallahassee, the Capital, this the Twentieth day of February, 2008 A C �C �'�nwce hurt �. �rotvning � 90ecretarg of ibtate Received 02-20-2008 07:57em From-850-617-6381 To-Katz Barron Sauitero Page 001 850-817-6381 2/20/2008 6 : 03 PAGE 002/002 Florida Dept of State ae ws� February 20, 2008 FLORIDA DEPARTMENT OFSTATE Division of Corporations GRIFFIN ROAD TWO, LLC 4000 N FEDERAL HWY - STE 206 ATTN: NICHOLAS ECONOMOS BOCA RATON, FL 33431 The Articles of Organization for GRIFFIN ROAD TWO, LLC were filed on February 19, 2008, and assigned document number L08000017658 . Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. To be official, the certification for a certified copy must be attached to the original document number that was electronically submitted and filed under FAX audit number H08000040637 . A limited liability annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FBI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 . Please be aware if the limited liability company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Tammy Hampton Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 40BA00010737 P.O BOX 6327-Tallahassee,Florida 32314 Received 02-20-2008 07:57am From-850-617-6381 To-Katz Barron Squltero Page 002 Audit Number: H08000040637 3 ARTICLES OF ORGANIZATION FOR FLORIDA LIMITED LIABILITY COMPANY ARTICLE I. -Name The name of the Limited Liability Company is: GRIFFIN ROAD TWO,LLC ARTICLE It.—Address The mailing address and street address of the principal office of the Limited Liability Company is: 4000 North Federal Highway, Suite 206 Boca Raton, Florida 33431 Attn: Nicholas Economos ARTICLE III.—Registered Agent,Registered Office, & Registered Agent's Signature: The name and the Florida street address of the registered agent are: Corpco, Inc. 2699 S. Bayshore Drive, 7°i Floor Miami,FL 33133 Attn: Howard L. Friedberg, Esq. Having been named as registered agent to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in Chapter 608, F.S. REGISTERED AGENT: Corpco, Inc., a Florida co ration By: Howard L. Fried erg, Vice President Audit Number: H08000040637 3 Audit Number: H08000040637 3 ARTICLE IV.—Management: The Limited Liability Company is to be managed by one or more managers and is, therefore, a manager-managed company. The name and address of such manager who is to serve as the initial manager is: Griffin Road Partners, LLC, a Florida limited liability company 4000 North Federal Highway, Suilp 206 Boca Raton, Florida 3343 114 Attn: Nicholas Econom 7 Howard L. Friedberg, as Authorized Re resentative of a Member In accordance with section 608.403), Florida Statutes, the execution of this docume t constitutes an affirmation under the penalticspfperjury that the facts stated herein are true. HALIBOOM0727400 I\CRP\IE0132.DOC Audit Number: H08000040637 3 -2- 850-617-6381 2/20/2008 7 : 48 PAGE 001/002 Florida Dept of State Of S1 � �t - tea d • s POw YES • ��1�liN �ppartmput of ikalp H n I certify the attached is a true and correct copy of the Articles of ICK, Organization of GRIFFIN ROAD THREE, LLC, a limited liability company organized under the laws of the state of Florida, filed on O February 19, 2009, as shown by the records of this office. , G I futher certify the document was electronically received under FAX audit number H08000040644 . This certificate is issued in accordance with IC section 15. 16, Florida Statutes, and authenticated by the code noted below ME The document number of this limited liability company is L08000017652 . xcvpc Authentication Code: 808A00010680-022006-L06000017652-1/1 C V in Ufl APR T iLuu ?� C J Given under my hand and the ° Great Seal of the State of Florida, C - at Tallahassee, the Capital, this the C Twentieth day of February, 2008 ME AM e�"�nwc 'Burt 9q. PrOIDIM19 Oecretarp of gbtate Received 02-20-2008 07:42am From-B50-617-6361 To-Katz Barron Squitero Page 001 850-617-6381 2/20/2008 7 : 48 PAGE 002/002 Florida Dept of State February 2 0, 2008 FLORIDA DEPARTMENT OF STATE Division ofCorporations GRIFFIN ROAD THREE, LLC 4000 NORTH FEDERAL, HIGHWAY, SUITE 206 ATTN: NICHOLAS ECONOMOS BOCA RATON, FL 33431 The Articles of Organisation for GRIFFIN ROAD THREE, LLC were filed on February 19, 2008, and assigned document number L08000017652 . Please refer to this number whenever corresponding with this office. The certification you requested is enclosed. To be official, the certification for a certified copy must be attached to the original document number that was electronically submitted and filed under FAX audit number 30800D040644 . A limited liability annual report/uniform business report will be due this office between January 1 and May 1 of the year following the calendar year of the file date. A Federal Employer Identification (FBI) number may be required before this report can be filed. Please apply NOW with the Internal Revenue Service by calling 1-800-829-4933 and requesting form SS-4 . Please be aware if the limited liability company address changes, it is the responsibility of the limited liability to notify this office. Should you have any questions regarding this matter, please contact this office at the address given below. Joey Bryan Regulatory Specialist II Registration/Qualification Section Division of Corporations Letter Number: 808A00010680 P.O 13OX 6327—Whihassee,Flonda 32314 Received 02-20-2008 07:42am From-850-617-6381 To-Katz Barron Squitero Page 002 Audit Number: H08000040644 3 ARTICLES OF ORGANIZATION FOR FLORIDA LIMITED LIABILITY COMPANY ARTICLE 1. - Name The name of the Limited Liability Company is: GRIFFIN ROAD THREE,LLC ARTICLE II.—Address The mailing address and street address of the principal office of the Limited Liability Company is: 4000 North Federal Highway, Suite 206 Boca Raton, Florida 33431 Attn: Nicholas Economos ARTICLE III.—Registered Agent,Registered Office, & Registered Agent's Signature: The name and the Florida street address of the registered agent are: Corpco, Inc. 2699 S. Bayshore Drive,7 s Floor Miarni, FL 33133 Attn: Howard L. Friedberg, Esq. Having been named as registered agent to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of my duties, and I am familiar with and accept the obligations of my position as registered agent as provided for in hapter 608,F.S. REGISTERED AGENT: Corpco, Inc., a FI a ration By: Howard L. edberg,Vice President Audit Number: H08000040644 3 Audit Number: H08000040644 3 ARTICLE IV.—Management: The Limited Liability Company is to be managed by one or more managers and is, therefore, a manager-managed company. The none and address of such manager who is to serve as the initial manager is: Griffin Road Partners, LLC, a Florida limi ed liability company 4000 North Federal Highway ite 206 Boca Raton, FloridaS4 1 Attn: Nicholas EcoID os Howard L. Friedberg, as Authorized epresentative of a Member In accordance with section 608. 08(3), Florida Statutes, the execution of this docu ent constitutes an affirmation under the penal es of perjury that the facts stated here are true. WLIB�DOCS\07274(X)I�CRNEO I39.DOC Audit Number: H08000040644 3 This instrument prepared by (and after recording, return to): Howard L. Friedberg,Esq. Katz, Barron, Squitero, Faust,Friedberg et al 2699 South Bayshore Drive, 7th Floor Miami,FL 33133 Tax Folio No. 10228-17-00100 (Reserved for Clerk of Court) DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS THIS DECLARATION ("Declaration') is made as of the day of 2008, by Griffin Road Partners, LLC, a Florida limited liability company ("Declarant"), who declares hereby that the Property as defined below is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens herein set forth. WITNESSETH: WHEREAS, Declarant is the owner of that certain real property located in Broward County, Florida, legally described on Exhibit A attached hereto and made a part hereof (the "Property"), and the Property consists of those three parcels more particularly described on Exhibit B-1 (the "Hotel One Parcel"), Exhibit B-2 (the "Hotel Two Parcel") [collectively, the "Hotel Parcels"] and Exhibit B-3 (the "Office Parcel'), all attached hereto and made a part hereof(each individually, a"Parcel' and collectively,the "Parcels" or the"Property"). WHEREAS, the Parcels are intended to be developed and operated in conjunction with each other as integral parts of a mixed use hotel and office complex, but not a planned or common interest development/community, and in order to effectuate the common use and operation of the Parcels, Declarant desires to subject the Property to certain covenants and agreements, and to grant certain easements, respecting the Parcels. NOW, THEREFORE, in consideration of the premises, the covenants and agreements herein set forth, Declarant hereby subject the Property to this Declaration, as follows: ARTICLE 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions. The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings: (a) "Assessments" shall mean and refer to the various forms of payment to the Association which are required to be made by Owners, as more particularly described in Article 4 of this Declaration. (b) "Association' shall mean and refer to Griffin Road Master Association, Inc., a Florida corporation not for profit. (c) "Building" shall mean and refer to any permanently enclosed structure initially as shown on the Site Plan (defined below), and/or as placed, constructed or located on a Parcel, which for purposes of this Declaration, shall include any building appurtenances such as stairs leading to or from a door, transformers, trash containers or compactors, canopies, supports, loading docks, truck ramps, and other outward yy� tensions of such structure. 11) (d) "Common Area" shall mean and refer to all areas within the exterior !, APR 1 ; 2008 toundaries of the Property, exclusive of any Building. ;apt ` _ is and SettingsWenros\Local Settings\Temporary Internet Fi1es\0LKDA\IH7857.D0C (e) "County" shall mean and refer to Broward County, Florida. W "Deelarant" shall mean and refer to Griffin Road Partners, LLC, a Florida limited liability company, its successors and such of its assigns as to which the rights of Declarant hereunder are specifically assigned. Declarant may assign all or a portion of its rights hereunder, or all or a portion of such rights in connection with appropriate portions of the Parcels, to any subsequent Owner(s) of the Property as Declarant may choose. The rights of Declarant under this Declaration shall not be deemed waived, transferred or assigned to the Owners or the Association, unless expressly so provided. (g) "Mortgage" shall mean and refer to any mortgage upon any Parcel. "Mortgagee" shall mean and refer to the holder of any Mortgage. (h) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Parcel. For the purposes of this Declaration, an "Owner" may also mean (a) a condominium or cooperative association administering a condominium or cooperative, and (b)the holder of a long-term leasehold interest (i.e., one having an initial term in excess of twenty (20) years) in an entire Parcel, even though fee simple title thereto is vested in another party (which party shall not be deemed an Owner hereunder during the term of the leasehold interest). (i) "Pole Sign' shall mean the pole sign to be located as set forth on the Site Plan. 0) "Site Plan' shall mean that certain Site Plan attached hereto as Exhibit C and made a part hereof, which was approved by the City of Dania Beach, Florida ("City") on October 23, 2007 pursuant to Resolution No. 2007-208. (k) "Utility Lines" shall mean those facilities and systems for the transmission of utility services, including the drainage and storage of surface water and including the sanitary sewer system and other facilities, which serve the Property. "Common Utility Lines" shall mean those Utility Lines which are installed to more than one Parcel. "Separate Utility Lines" shall mean those Utility Lines which are installed to provide the applicable service to only one Parcel. For the purpose of this Declaration, the portion of a Utility Line extending between a Common Utility Line and a Building shall be considered a Separate Utility Line. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1 Property. The Property is hereby subject to this Declaration. 2.2 Withdrawal. Until conveyance of a Parcel to a third party, Declarant reserves the right to withdraw the Property from this Declaration or to amend this Declaration unilaterally at any time, without prior notice and without need for the consent of any person or entity. ARTICLE 3 MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION 3.1 MembershipNoting Rights. Every Owner shall be a member of the Association, and shall be entitled to one vote. Unless otherwise expressly provided in this Declaration or the Articles of Incorporation or By-laws of the Association, the affirmative vote of a two-thirds (2/3) of the Owners shall be required to pass any vote of the Association. 3.2 If More than three Parcels. If during the term of the Declaration, the Property shall consist of more than three (3) Parcels, then with respect to each matter referenced in this Declaration which refers to a vote of the Owners, each Owner shall be awarded one vote for each square foot of building area in its Parcel. In such event, the affirmative vote of two-thirds of the Owner, based on such square footage, shall be required to pass any vote of the Association. CADocuments and Settings\menroa\Local SettingATemporary huemet 121es\OLKDAVH7857.DOC ARTICLE 4 MAINTENANCE OF COMMON AREA AND COMMON UTILITY LINES; ASSESSMENTS 4.1 Maintenance by Association. Unless and until otherwise agreed by two-thirds (2/3) of the Owners of the Property, the Association shall maintain or cause to be maintained in good repair and manage, operate and insure, and shall replace as often as necessary, the Common Area and Common Utility Lines, once initially developed. The Association may engage a professional management company (which may be affiliated with any Owner) to perform its obligations under this Declaration. No Owner may waive or otherwise escape liability for assessments by non-use (whether voluntary or involuntary) or abandonment of the right to use the Common Area or Common Utility Lines. The Association is hereby granted the express right and easement to access all Common Areas to exercise its rights and perform its duties as contemplated herein, including without limitation, for the purpose of the installation, construction, reconstruction, repair, replacement, operation, expansion and/or alteration of any improvements or facilities on or in the Common Area. 4.2 Creation of the Lien and Personal Obligation for Assessments. Declarant, for all Parcels, hereby covenants and agrees, and each Owner by acceptance of a deed or long term lease or other conveyance thereof, whether or not it shall be so expressed in such instrument, shall be deemed to covenant and agree, to pay to the Association assessments and charges, which may be imposed annually, quarterly or montlily, for the performance of Association's responsibilities under Section 4.1 hereof; all such assessments to be fixed, established and collected from time to time as determined by the Association. In addition, special assessments may be levied against particular Owners for fines, expenses incurred against particular Parcels and/or Owners to the exclusion of others and other charges against specific Parcels or Owners as contemplated in this Declaration. The annual, special and other assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Parcel against which each such assessment is made. Each such assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall also be the personal obligation of the person who is the Owner of such property at the time when the assessment fell due and all subsequent Owners until paid, except as provided in Section 4.8 below. Reference herein to assessments shall be understood to include reference to any and all of said charges whether or not specifically mentioned. 4.3 Percentaae of Assessments. Unless otherwise expressly provided in this Declaration or agreed by the Association, assessments pursuant to this Declaration shall be made against each Parcel as follows, commencing with respect to each Parcel as of the date on which construction of improvements is commenced: Hotel One Parcel One-third(1/3) Hotel Two Parcel - One-third(1/3) Office Parcel - One-third (1/3) 4.4 Special Assessments. In addition to the assessments under Section 4.2 hereof, the Association shall have the right to levy special assessments against an Owner(s) to the exclusion of other Owners for the repair or replacement of damage to any portion of the Common Area (including, without limitation, improvements and landscaping thereon) caused by the misuse, negligence or other action or inaction of an Owner or its guests, tenants or invitees. Any such special assessment shall be subject to all of the applicable provisions of this Article including, without limitation, lien filing and foreclosure procedures and late charges and interest. Any special assessment levied hereunder shall be due within the time specified by the Association. 4.5 Real Estate Taxes. Each Owner shall pay, or cause to be paid prior to delinquency, all taxes and assessments with respect to its Parcel, including any Building and other improvements located thereon, and any personal property owned or leased by such Owner in the Property; provided that if such taxes or assessments or any part thereof may be paid in installments, each Owner may pay each such installment as and when the same becomes due and payable. Nothing contained herein shall prevent any Owner from contesting at its cost and CADocunnents and Settings\meuros%ocal SettingsWenaporary Internet 31es\oLKDAN11-17857.D0C expense any taxes and assessments with respect to its Parcel in any manner such Owner elects, so long as such contest is maintained with reasonable diligence and in good faith. At the time such contest is concluded (allowing for appeal to the highest appellate court), the contesting Owner shall promptly pay all taxes and assessments determined to be owing, together with all interest, penalties and costs thereon. Because each Parcel contains Common Area, in the event any Owner fails to pay its real estate taxes or assessments prior to delinquency, the Association shall have the tight to pay any and all such sums, including fines, penalties and attorneys' fees, on behalf of such Owner. Any such payments shall be subject to all of the applicable provisions of this Article including, without limitation, lien filing and foreclosure procedures and late charges and interest as otherwise provided in this Article. 4.6 Date of Commencement; Due Dates. The regular assessments provided for in this Article shall commence on the first day of the month next following the recordation of these covenants and shall be applicable through the period of such assessment as determined by the Association in accordance with the terms hereof. The assessments shall be payable in advance in monthly installments, or in annual, semi- or quarter-annual installments as determined by the Association. The assessment amount (and applicable installments) may be changed at any time by the Association from that originally stipulated or from any other assessment that is in the future adopted. The due date of any special assessment shall be fixed in the Association resolution authorizing such assessment. 4.7 Effect of Non-PMient of Assessment, the Personal Obligation, the Lien; Remedies of the Association. If the assessments (or installments) provided for herein are not paid on the date(s) when due (being the date(s) specified herein or pursuant hereto), then such assessments (or installments) shall become delinquent and shall, together with late charges, interest and the cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the Parcel which shall bind such property in the hands of the then Owner, his heirs, personal representatives, successors and assigns. Except as provided in Section 4.8 to the contrary, the personal obligation of an Owner to pay such assessment shall pass to its successors in title and recourse may be had against either or both. If any installment of an assessment is not paid within fifteen (15) days after the due date, at the option of the Association, a late charge not greater than the amount of such unpaid installment may be imposed (provided that only one late charge may be imposed on any one unpaid installment and if such installment is not paid thereafter, it and the late charge shall accrue interest as provided herein but shall not be subject to additional late charges; provided further, however, that each other installment thereafter coming due shall be subject to one late charge each as aforesaid) and all such sums shall bear interest from the dates when due until paid at the highest lawful rate(or, if there is no highest lawful rate, 18% per annum) and the Association may bring an action at law against the Owner(s) personally obligated to pay the same, may record a claim of lien (as evidence of its lien rights as hereinabove provided for) against the Parcel on which the assessments and late charges are unpaid, may foreclose the lien against the Parcel on which the assessments and late charges are unpaid, or may pursue one or more of such remedies at the same time or successively, and attorneys' fees and costs actually incurred in preparing and filing the claim of lien and the complaint, if any, and prosecuting same, in such action shall be added to the amount of such assessments, late charges and interest secured by the lien, and in the event a judgment is obtained, such judgment shall include all such sums as above provided and attorneys' fees actually incurred together with the costs of the action, through all applicable appellate levels. In addition to the rights of collection of assessments stated in this Section, any and all persons acquiring title to or an interest in a Parcel as to which the assessment is delinquent, including without limitation persons acquiring title by operation of law and by judicial sales, shall not be entitled to the occupancy of such Parcel or the enjoyment of the Common Area until such time as all unpaid and delinquent assessments due and owing from the selling Owner have been fully paid;provided, however, that the provisions of this sentence shall not be applicable to the Mortgagees contemplated by Section 4.8 below. All assessments, late charges, interest,penalties, fines, attorneys' fees and other sums provided for herein shall accrue to the benefit of the Association. Failure of a collecting entity to send or deliver bills or notices of assessments shall not, however, relieve Owners from their obligations hereunder. All remedies are intended to be, and shall be,cumulative. 4.8 Subordination of the Lien. The lien of the assessments provided for in this Article shall be subordinate to real property tax liens and the lien of any Mortgage; provided, however, that any such Mortgagee when in possession or any receiver, and in the event of a foreclosure, any purchaser at a foreclosure sale, and any such Mortgagee acquiring a deed in CADocuments and settinenrenrosU.ocal SettingsUempomry Intemet Pj1es\0LKDAM7857.D0C lieu of foreclosure, and all persons claiming by, through or under such purchaser or Mortgagee, shall hold title subject to the liability and lien of any assessment coming due after such foreclosure (or conveyance in lieu of foreclosure). Any unpaid assessment which cannot be collected as a lien against any Parcel by reason of the provisions of this Section shall be deemed to be an assessment divided equally among, payable by and a lien against all Parcels subject to assessment by the Association, including the Parcels as to which the foreclosure (or conveyance in lieu of foreclosure)took place. 4.9 Collection of Assessments. Assessments levied pursuant hereto shall be collected in the manner established pursuant to this Declaration. In the event that at any time said manner provides for collection of assessments levied pursuant hereto by an entity other than the Association, all references herein to collection(but not necessarily enforcement) by the Association shall be deemed to refer to the other entity performing such collection duties and the obligations of Owners to pay assessments shall be satisfied by making such payments to the applicable collecting entity. 4.10 Association Funds. All assessments collected by the Association shall be held by the Association and may be invested in interest bearing accounts or in certificates of deposit or other like instruments or accounts available at banks or savings and loan institutions, the deposits of which are insured by an agency of the United States. 4.11 Ownership/Dedication. Declarant shall have the right to dedicate the Common Utility Lines to the joint and several use, in common, of all Owners of the Parcels and their tenants, employees, contractors and invitees, all as may be provided or regulated herein or otherwise by the Association. To the extent that the Declarant elects to do so, the Common Utility Lines may, at any time and from time to time, be conveyed by quit claim deed to the Association, which shall be deemed to have automatically accepted such conveyance. In the event the surface water management system is servicing the Property upon any termination of this Declaration, the surface water management system and the right of access thereto, unless otherwise agreed by a two-thirds (2/3) of the Owners, shall be conveyed to the appropriate local governmental agency or to the Association. ARTICLE 5 MAINTENANCE OF BUILDINGS/LIMITATIONS ON ALTERATIONS 5.1 Building Exteriors. Each Owner shall maintain all exterior surfaces and roofs, facias and soffits of any Building and other improvements located on its Parcel in a neat, orderly and attractive manner in compliance with all laws, except for such Common Area improvements which are maintained by the Association. 5.2 Limitations on Alterations. After the initial development of the Property pursuant to the Site Plan, no Owner or any other party shall erect a structure or make any alteration to the exterior of any structure, without the prior written approval of the Association, which shall not be unreasonably withheld, delayed or conditioned. Any approval granted by the Association may be conditioned in any reasonable manner, including, without limitation, by (a) restricting the hours during which work may be performed, restricting access of contractors to certain areas and otherwise imposing such requirements as are reasonably related to minimizing interference with the use, occupation and operation of all other Parcels, (b) requiring that all persons performing any alterations have all necessary licenses and permits to perform the work, (c) requiring that all persons performing any alterations have adequate insurance coverage and that the Association is a named additional insured on such policy(ies), and (d) requiring a security deposit or other collateral to protect against any failure of the Owner making the alterations to timely pay for same and to protect against any damage that may be caused during such alteration. Without limiting the generality of the foregoing, no alterations may be made which: (i) may affect the provision of utilities and utility services to any other Parcel; and/or (iii) may impair means of ingress to and from any other Parcel. The Board of Directors of the Association shall have the right and power to grant variances from the provisions of this Section 5.2 for good cause shown, as determined in the reasonable discretion of the Board. CADecuments and SettiugArnenroALocal SettingsWenrpom y Internet)81es\0LKDA\II-17857.D0C 5.3 Provisions Relating to Plan Approval. All initial development of the Property in accordance with the Site Plan is hereby approved. With respect to any subsequent development of the Property, prior to commencing construction as contemplated in Section 5.2, Owner shall submit to the Association for the Association's prior approval, all plans and specifications for all exterior improvements, including but not limited to, signs, parking areas, roadways, driveways and landscaping, to be constructed and/or installed on the Parcel. Such plans and specifications shall include, but shall not be limited to, a full grading plan, full front elevations, site plans, building sign plans and specifications, footprints of the Building, and full engineering,utility, lighting and landscaping plans. All of such plans and specifications shall be collectively referred to herein as the "Plans". The Association shall approve or reject the Plans within thirty (30) days after the Association receives the same and Owner's request for the Association's approval thereof. If the Plans are rejected, Owner shall submit revised Plans to the Association within fifteen (15) days thereafter. Any approval or consent of the Association or its architect shall in no way obligate the Association in any manner whatsoever in respect to finished product, design and/or construction by Owner. Any deficiency in design or construction or any violation of any law or code, although in the same had prior approval of the Association, shall be solely the responsibility of the Owner. ARTICLE 6 EASEMENTS 6.1 Easements in Favor of the Owner of the Hotel One Parcel. Declarant does hereby establish for the benefit of, and grants and conveys to, the Owner from time to time of the Hotel One Parcel for its benefit and the benefit of its tenants, their employees, agents, contractors and invitees, a permanent non-exclusive easement appurtenant to the Hotel One Parcel, for passage and use for the purpose of walking upon, driving and parking vehicles upon, over and across all those parking areas, entrances, drives and sidewalks on those portions of the Hotel Two Parcel and the Office Parcel which are now or hereafter from time to time used for parking and pedestrian and/or vehicular traffic. Further, Declarant hereby agrees not to eliminate, modify or otherwise materially impair the existing entrances and drives to the Hotel One Parcel, without the consent of the Owner of the Hotel One Parcel, which consent shall not be unreasonably withheld, delayed or conditioned. 6.2 Easements in Favor of the Owner of Hotel Two Parcel. Declarant does hereby establish for the benefit of, and grants and conveys to,the Owner from time to time of the Hotel Two Parcel for its benefit and the benefit of its tenants, their employees, agents, contractors and invitees a permanent non-exclusive easement appurtenant to the Hotel Two Parcel, for passage and use for the purpose of walking upon, driving and parking vehicles upon, over and across all those parking areas, entrances, drives and sidewalks on those portions of the Hotel One Parcel and the Office Parcel which are now or hereafter from time to time used for parking and pedestrian and/or vehicular traffic. Further, Declarant hereby agrees not to eliminate, modify or otherwise materially impair the existing entrances and drives to the Hotel Two Parcel, without the consent of the Owner of the Hotel Two Parcel, which consent shall not be unreasonably withheld, delayed or conditioned. 6.3 Easements in Favor of the Owner of Office Parcel. Declarant does hereby establish for the benefit of, and grants and conveys to, the Owner from time to time of the Office Parcel for its benefit and the benefit of its tenants, their employees, agents, contractors and invitees a permanent non-exclusive easement appurtenant to the Office Parcel, for passage and use for the purpose of walking upon, driving and parking vehicles upon, over and across all those parking areas, entrances, drives and sidewalks on those portions of the Hotel One Parcel and the Hotel Two Parcel which are now or hereafter from time to time used for parking and pedestrian and/or vehicular traffic. Further, Declarant hereby agrees not to eliminate, modify or otherwise materially impair the existing entrances and drives to the Office Parcel, without the consent of the Owner of the Office Parcel, which consent shall not be unreasonably withheld, delayed or conditioned. C:\Doamaits end scuinomenrosU.ocal SettuigMemporary Intemet 61es\OUDAUH7857.DOC 6.4 Easements for Drainage, Stormwater Management and Utilities. Declarant does hereby establish for the benefit of, and grants and conveys to, each Owner for its benefit and the benefit of its tenants, their employees, agents, and contractors, non-exclusive, perpetual easements in, to, over, under, along and across those portions of the grantor's Parcel (exclusive of any portion located within Building areas) necessary for the installation, operation, flow, passage, use, maintenance, connection, repair, relocation, and removal of Utility Lines serving the grantee's Parcel. Such easement area shall be no wider than necessary to reasonably satisfy the requirements of a private or public utility company. Prior to utilizing the easement granted herein, the grantee shall provide the grantor with a written statement describing the need for such easement, shall identify the proposed location of the Utility Line, the nature of the service to be provided, the anticipated commencement and completion dates for the work. Prior to commencing any work on a grantor's Parcel, including any emergency work, the grantee shall provide to the grantor evidence of insurance coverage as required herein. Any Owner electing to install a Separate Utility Line shall obtain all permits and approvals and shall pay all costs and expenses with respect to the initial construction and all subsequent maintenance, relocation or abandonment of the Separate Utility Line. The Separate Utility Line shall be maintained in a safe, clean and good state of repair and condition. The grantee shall perform such work in compliance with all governmental requirements, as quickly as practicable, and in such manner as is necessary to minimize interference with the operations of any other Owner or its tenants at the Property. The grantee of any Separate Utility Line agrees to defend, protect, indemnify and hold harmless the grantor from and against all claims or demands, including any action or proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the exercise of the right to install, maintain and operate the Separate Utility Line; provided, however, the foregoing obligation shall not apply to claims or demands based on the negligence or the willful act or omission of the grantor. Except as may otherwise be agreed, the Owners (the "Cooperating Parties") electing to install a Common Utility Line shall obtain all permits and approvals and shall pay all costs and expenses with respect to the initial construction thereof on an equal basis or otherwise as may be fair and equitable based upon reasonably anticipated use, as agreed prior to installation of such Common Utility Line. Once constructed, each Owner shall maintain, replace and/or relocate the Common Utility Line on its Parcel in a safe, clean and good state of repair and condition, and in compliance with all governmental requirements, as quickly as practicable. After a Cooperating Party has incurred any costs for maintaining, repairing or replacing a Common Utility Line, it may send a statement for reimbursement of such costs, allocated as set forth above in this paragraph, together with a copy of any invoice reflecting a charge exceeding $500.00 to each Cooperating Party benefiting from such Common Utility Line. Within thirty (30) days of receipt of such invoice, each Cooperating Party shall pay its allocable share of such costs as provided in this paragraph. Declarant does hereby establish for the benefit of, and grants and conveys to, each Owner owning an adjacent Parcel for its benefit and the benefit of its tenants, their employees, agents, and contractors, the perpetual right and easement to discharge surface storm water drainage and/or runoff from the grantee's Parcel over,upon and across the Common Area of the grantor's Parcel, upon the following conditions and terms: (A) the grades and the surface water drainage/retention system for the Property shall be initially constructed in conformance with governmental requirements; and (B) no Owner shall alter or permit to be altered the surface of the Common Area or the drainage/retention system constructed on its Parcel if such alteration would materially increase the flow of surface water onto an adjacent Parcel either within the aggregate or by directing the flow of surface water to a limited area. All surface water collection, retention and distribution facilities shall be deemed a Common Utility Line. CADocuments end Settings\menros%ocal SettingsUemporary hrtemet MIcs\0LKDA\IH7857.D0C The grantor shall have the right to relocate a Utility Line on its Parcel upon thirty (30) days' prior written notice to the grantee(s), provided that such relocation: (A) shall not interfere with or diminish the utility service to the grantee during the grantee's business hours; and if an electrical line/computer line is being relocated, then the grantor and grantee shall coordinate such interruption to eliminate any detrimental effects; (B) shall not reduce or unreasonably impair the usefulness or function of such Utility Line; (C) shall be performed without cost or expense to the grantee; (D) shall be completed using materials and design standards which equal or exceed those originally used; and (E) shall have been approved by the provider of such utility service and the appropriate governmental authorities. Documentation of the relocated easement area, including the ftimishing of an "as-built" survey to all grantees, shall be at the grantor's expense and shall be accomplished as soon as possible following completion of such relocation. 6.5 Easement for Pole Sign. Declarant hereby grants and conveys to the Owners of the Hotel Parcels and their successors and assigns as the Owner of their respective Parcels, a perpetual easement for the right and privilege to place or affix identification panel(s) on both sides of the Pole Sign in the position(s) determined by the Association. Such easement grant shall include reasonable access over, under, across and upon the Office Parcel to permit the installation, replacement, maintenance and operation of such sign panels and a Separate Utility Line, if.necessary, to provide power to such panels. The foregoing easements, together with all rights and privileges specified, shall be for the benefit of the Hotel Parcels, and shall be binding on, enforceable against and burden the Office Parcel. The Owner of the Parcel upon which a sign structure is located shall be entitled to receive the portion of any condemnation award relating to the sign structure, including any relocation benefits, and shall cause a new sign structure to be constructed in a replacement location as may be reasonably required by the Association. If the award received for the sign structure is less than the cost to replace the sign structure, the Parties entitled to place panels on the sign structure shall pay the deficiency based on the panel area allocated to each. The award (whether paid separately or as part of a lump sum) attributable to each panel taken shall belong to the Owner thereof. 6.6 No Barricades: Declarant does hereby establish that no Owner of any Parcel shall construct or permit the construction of any fence, wall or other form of barricade along the common boundary of its Parcel and any other Parcel, which will impede or impair pedestrian or vehicular access to and from its Parcel. 6.7 Right of Entry in Favor of Association: The Association shall have the power but not the duty to, through its duly authorized agents or employees after notice to any Owner, enter upon any portion of the Property at reasonable times on any day without being liable to any Owner or other party for the purpose of enforcing by peaceful means the provisions of this Declaration, or for the purpose of maintaining any such portions of the Property, or exercising its rights and duties hereunder. The Association is hereby granted an irrevocable license over all Property to inspect (in a reasonable manner) the Property, through its duly authorized agents or employees. Nothing contained in this Section shall be construed or interpreted to impose upon the Association the obligation to inspect or maintain any of the Property. Neither the Association, nor any of its directors, officers, agents or employees shall be liable for any incidental or consequential damages for failure to inspect any portion of the Property or to maintain the same. Neither the Association nor any other authorized person, firm or corporation undertaking such maintenance shall be liable for any personal injury or other incidental or consequential damages occasioned by any act or omission in the maintenance of any portion of the Property. In addition, the Association may, without notice, make such emergency repairs and perform such emergency maintenance as it reasonably may determine is necessary for the safety of any person or to prevent damage to any property. ARTICLE 7 USE RESTRICTIONS 7.1 Uses Must Comply with Zoning. All Parcels and Buildings (including Common Area) shall be used for the general purposes for which they are designed and intended and at all times used, operated and maintained in accordance with applicable building, zoning, setback and other requirements, conditions and restrictions applicable to same. Each Owner shall be solely responsible for the compliance of its Parcel with this Section 7.1. It is understood and CADocuments and SettingAnienmALocal Settuigffemporary Intemet 1Bles\OLKDA\IH7857.D0C L agreed that (a) the Property, as a whole, shall collectively comply with the City's landscaping and pervious area requirements, (b) the initial development of the Property in accordance with the Site Plan shall comply with all such requirements, and (c) thereafter, no Parcel may be modified in any way which shall cause the Property, as a whole, no longer to comply with all such requirements. 7.2 Nuisances. Nothing shall be done or maintained on any Parcel which may be or become an annoyance or nuisance to the occupants of other Parcels. 7.3 Parking and Vehicular Restrictions. Parking shall be restricted to the parking areas therein designated for such purpose. No person shall park, store or keep on any portion of the Common Area any large commercial type vehicle (for example, dump truck, motor home, trailer, cement mixer truck, oil or gas truck, delivery truck). 7.4 Trash. No rubbish, trash, garbage or other waste material shall be kept or permitted on Common Area, except if in containers located in appropriate areas. ARTICLE 8 INSURANCE AND INDEMNITY 8.1 Insurance of Common Area. The Association may keep the Common Utility Lines and all improvements, facilities and fixtures located within the Common Area insured against loss or damage by fire or other casualty for the full insurable replacement value thereof (with reasonable deductibles and normal exclusions for land, foundations, excavation costs and similar matters), and shall obtain insurance against such other hazards and casualties as the Association reasonably may deem desirable or as otherwise required by any Mortgagee. The Association may also insure any other property, whether real or personal, owned or controlled by the Association, against loss or damage by fire and such other hazards as the Association may deem desirable or as otherwise required by any Mortgagee, with the Association as the owner and beneficiary of such insurance for and on behalf of itself and all Owners. The insurance coverage with respect to the Common Area shall be written in the name of the Association, and as agent for the Owners and Mortgagees, and the proceeds thereof shall be payable to, the Association, but if reasonably available, may name the Owners and Mortgagees as additional insureds, as their interests may appear. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried. Premiums for all insurance carried by the Association are common expenses included in the assessments made by the Association. All insurance policies shall contain standard mortgagee clauses. If required by any mortgagee, the Association shall also maintain flood insurance on the insurable improvements on the Common Area in an amount equal to the lesser of 100% of the replacement costs of all insurable improvements (if any) within the Common Area. 8.2 Liability and Other Insurance. The Association shall have the power to and shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, with coverage of at least $1,000,000.00 (if available at reasonable rates and upon reasonable terms, as determined by the Association) for any single occurrence, insuring against liability for bodily injury, death and property damage arising from the activities of the Association or with respect to property under its jurisdiction, including, if obtainable, a cross liability endorsement inswing each Owner against liability to each other Owner and to the Association and vice versa and coverage for legal liability resulting from lawsuits related to employment contracts shall also be maintained. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable, insuring each Owner and the Association and its officers and directors, from liability in connection with the Common Area, the premiums for which shall be Common Expenses and included in the assessments made against the Owners. The Association may also obtain such other insurance as it deems appropriate or as otherwise required by any Mortgagee. All insurance policies shall be reviewed at least annually by the Association and the limits increased in its discretion or as otherwise required by any Mortgagee. The Association may also obtain such errors and omissions insurance, indemnity bonds, fidelity bonds and other insurance as it deems advisable, insuring the Association or any management company engaged by the Association against any liability for any act or omission in carrying out their obligations hereunder, or resulting from their membership on its board of directors or any committee thereof. At a minimum, however, there shall be blanket fidelity bonding of anyone (compensated or not) who handles or is CADmuments and Settings\menMALocal Settings\remporary Internet 101es\0LKDA\1H7857.D0C responsible for funds held or administered by the Association, with the Association to be an obligee thereunder. Such bonding shall cover the maximum funds to be in the hands of the Association or management company during the time the bond is in force. 8.3 Waiver of Subro ag tion. As to each policy of insurance maintained by the Association which will not be voided or impaired thereby, the Association hereby waives and releases all claims against its board of directors, the Owners, Declarant and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said persons, but only to the extent that insurance proceeds are received in compensation for such loss. 8.4 Lien for Assessments. Any costs expended by the Association under this Article shall be subject to all of the assessment, collection and other applicable provisions of Article 4 including, without limitation, lien filing and foreclosure procedures and late charges and interest.. 8.5 Indemnity. Each Owner agrees to defend, protect, indemnify and hold harmless each other Owner and the Association from and against all claims or demands, including any action or proceedings brought thereon, and all costs, losses, expenses and liability of any kind relating thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the injury to or death of any person, or damage to the property of any person located on the Parcel owned by each indemnifying Owner; provided, however, the foregoing obligation shall not apply to claims or demands based on the negligence or willful act or omission of such other Owner, its licensees, concessionaires, agents, servants, or employees, or the agents, servants, or employees of any licensee or concessionaire thereof. In the event it is determined that such other Owner was not at fault, then the indemnifying Owner shall reimburse such other Owner for all reasonable costs and/or expenses incurred by it defending against such claim or demand. ARTICLE 9 DAMAGE OR DESTRUCTION TO COMMON AREA 9.1 Damage or Destruction. Damage to or destruction of all or any portion of the Common Area shall be addressed in the following manner: (a) In the event of damage to or destruction of the Common Area, if the insurance proceeds are sufficient to effect total restoration, then the Association, subject to the provisions of any Mortgage now or hereafter encumbering the Common Area shall cause such portions of the Common Area to be repaired and reconstructed substantially as it previously existed. (b) If the insurance proceeds arc within One Hundred Thousand Dollars ($100,000.00) of being sufficient to effect total restoration of the Common Area, then the Association, subject to the provisions of any Mortgage now or hereafter encumbering the Common Area shall cause such portions of the Common Area to be repaired and reconstructed substantially as it previously existed and the difference between the insurance proceeds and the actual cost shall be levied as a special assessment against each of the Owners in equal shares in accordance with the provisions of Article 4 of this Declaration. (c) If the insurance proceeds are insufficient by more than Two Hundred Fifty Thousand Dollars ($250,000.00) to effect total restoration of the Common Area, then by written consent or vote of a two-thirds (2/3) of the Owners, they shall determine, subject to Article 10 hereof and any contrary requirements of any Mortgage, whether (1) to rebuild and restore the Common Area in substantially the same manner as they existed prior to damage and to raise the necessary funds over the insurance proceeds by levying special assessments against all Owners, (2) to rebuild and restore in a way which is less expensive than replacing the Common Area in substantially the same manner as they existed prior to being damaged, or (3) to not rebuild and to retain the available insurance proceeds. (d) Each Owner shall be liable to the Association for any damage to the Common Area not fully covered by collected insurance which may be sustained by reason of the negligence or willful misconduct of any Owner or his guests, tenants or invitees. Notwithstanding the foregoing, the Association reserves the right to charge such Owner an CADomments and Set&gs\nrenros\Local SettingsUempormy llrtemetf6es\0LKDA\IN7857.D0C assessment equal to the increase, if any, in the insurance premium directly attributable to the damage caused by such Owner. The cost of correcting such damage shall be an assessment against the Owner and may be collected as provided in Article 4 for the collection of assessments. ARTICLE 10 MORTGAGEE PROTECTION 10.1 Mortgagee Protection. (e) Upon written request to the Association, the Association shall be required to make available to all Owners and their Mortgagees, for inspection during normal business hours or under other reasonable circumstances, current copies of this Declaration (with all amendments) and the Articles and By-Laws and the books and records of the Association. (f) Any Mortgagee shall have the right, upon written request to the Association, to: (i) receive notice of Association meetings and attend such meetings; (ii) receive written notice from the Association of any condemnation or casualty loss affecting a material portion of the Common Area; (iii) a sixty (60) day grace period in the payment of the assessments on its mortgaged Parcel; and (iv) receive written notice from the Association of the occurrence of a lapse, cancellation or material modification of any insurance policy bond maintained by the Association; (v) receive written notice of an alleged default by any Owner, for whom such Mortgagee holds a mortgage, which is not cured within thirty (30) days of notice of default to such Owner; and (vi) receive written notice of any substantial damage or loss to any portion of the Common Areas. (g) Any Mortgagee shall have the right to pay delinquent real estate taxes or delinquent assessments that have resulted or may result in a lien against any portion of the Common Area, and receive immediate reimbursement from the Association. (h) Any Mortgagee shall have the right to pay any overdue premiums on any hazard insurance policy covering the Common Area or obtain new hazard insurance coverage on the Common Area upon the lapse of a policy and, in either case, receive immediate reimbursement fiom the Association. (e) One copy of each insurance policy, or a certificate evidencing such policy, and all endorsements thereto, shall be furnished by the Association upon request to each Mortgagee. Copies or certificates shall be furnished not less than ten (10) days prior to the expiration of each preceding policy that is being renewed or replaced, as appropriate. ARTICLE 11 CONDEMNATION 11.1 Condemnation. In the event any portion of the Property shall be condemned, or conveyed under threat of condemnation the award shall be aid to the Owner owning the Parcel Y � P g or the improvements taken, and the other Parties hereby waive and release any right to recover any value attributable to the property interest so taken, except that (i) if the taking includes improvements belonging to more than one (1) Owner, such as Utility Lines, the portion of the award allocable thereto shall be used to relocate, replace or restore such jointly owned improvements to a useful condition, and (ii) if the taking includes casement rights which are intended to extend beyond the term of this Declaration, the portion of the award allocable to each such easement right shall be paid to the respective grantees thereof. In addition to the foregoing, if a separate claim can be filed for the taking of any other property interest existing pursuant to this Declaration which does not reduce or diminish the amount paid to the Owner owning the Parcel or the improvement taken, then the owner of such other property interest shall have the right to seek an award for the taking thereof. Except to the extent they burden the land taken, no easement or license set forth in this Declaration shall expire or terminate based solely upon such taking. ARTICLE 12 DEFAULT/REMEDIES CADocuntents and SetWrgsVnenros\Local SettingsWempurary hrternet fges\OLKDA\ai7857.DOC 12.1 Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Declaration by the non-performing Owner (the "Defaulting Party"): (a) the failure to make any payment required to be made hereunder within ten (10) days after the due date, (b) the failure to observe or perform any of the covenants, conditions or obligations of this Declaration, other than as described in (a) above, within thirty (30) days after the issuance of a notice by another Owner or the Association, as the case may be (the "Non-Defaulting Party") specifying the nature of the default claimed. 12.2 Right to Cure. With respect to any default under Section 12.1, the Non- Defaulting Party shall have the right following the expiration of any applicable cure period, if any, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party; provided, however, that in the event such default shall constitute an emergency condition, the Non- Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or, if necessary, without advance notice, so long as notice is given as soon as possible thereafter. To effectuate any such cure, the Non-Defaulting Party shall have the right to enter upon the Parcel of the Defaulting Party (but not into any Building) to perform any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Party. Each Owner shall be responsible for the default of its occupants. In the event the Association or any Non-Defaulting Party shall cure a default, the Defaulting Party shall reimburse the Non-Defaulting Party for all costs and expenses incurred in connection with such curative action, plus interest as provided herein, within ten (10) days after receipt of demand therefor, together with reasonable documentation supporting the expenditures made. The right to cure the default of another Owner shall not be deemed to: (i) impose any obligation on a Non-Defaulting Party to do so, (ii) render the Non-Defaulting Party liable to the Defaulting Party or any third party for an election not to do so, (iii) relieve the Defaulting Party from any performance obligation hereunder, or (iv)relieve the Defaulting Party from any indemnity obligation as provided in this Declaration. 12.3 Enforcement. In addition to the remedies set forth in Section 12.2 hereof, enforcement of this Declaration may be accomplished by the Association, the City or any Owner by proceeding at law or in equity against the Association,or any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages. In addition, the Association may enforce any lien created by this Declaration as otherwise herein provided. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. No waiver of any right or remedy shall be imposed against the Association or any Owner or other party unless it is in writing signed by an authorized officer thereof Any such waiver shall apply only to the particular instance, and not to any subsequent instances. All of the remedies permitted or available to an Owner or the Association under this Declaration at law or in equity shall be cumulative. No breach of this Declaration shall entitle any party to cancel, rescind, or otherwise terminate this Declaration. 12.4 Interest. Any time an Owner or the Association shall fail to pay any sum payable hereunder within ten (10) days after the due date, such delinquent Owner or the Association shall pay interest on such amount from the due date to and including the date such payment is received by the Owner entitled thereto, at the lesser of: (a) the highest rate permitted by law, or (b) the prime rate, plus three percent (3%). As used herein, "prime rate" shall mean the rate of interest published from time to time as the "Prime Rate" in the Wall Street Journal under the heading "Money Rates"; provided, however, that (i) if more than one such rate is published therein the prime rate shall be the highest such rate and (ii) if such rate is no longer published in the Wall Street Journal or is otherwise unavailable, the prime rate shall be a substantially comparable index of short term loan interest rates charged by U.S.banks to corporate borrowers selected by the Association. 12.5 Attorneys' Fees. If an Owner or the Association brings an action of law or in equity to enforce the terms and provisions of this Declaration, the prevailing party as determined by the Court in such action shall be entitled to recover reasonable attorneys' fees and court costs for all stages of litigation, including but not limited to, appellate proceedings, in addition to any rernedy granted. CADownients and Settings\menros\Local Settings\Temporary h1temet"es\0LKDA\IN7857.D0C ARTICLE 13 GENERAL PROVISIONS 13.1 Duration. The covenants and restrictions of this Declaration shall run with and bind the Property, and shall inure to the benefit of and be enforceable by the Association, Declarant, and the Owner of any land subject to this Declaration, and their respective legal representatives, heirs, successors and assigns, for a term of ninety-nine (99) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then Owners of 75% of all the Parcels subject hereto and of 100% of the mortgagees thereof has been recorded, agreeing to revoke said covenants and restrictions; provided, however, that no such agreement to revoke shall be effective unless made and recorded one (1) year in advance of the effective date of such revocation, and unless written notice of the proposed agreement is sent to every Owner at least ninety (90) days in advance of any signatures being obtained. 13.2 Notice. Any notice required or permitted to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when (a) personally delivered or (b) three (3) days after mailing, postage paid, certified mail, return receipt requested, or (c) sent by nationally recognized overnight air courier with receipted delivery, to the address of the Owner, as shown on the tax rolls or on the records of the Association at the time of such mailing. 13.3 Excusable Delay. Whenever performance is required of any Owner or the Association hereunder, such party shall use all due diligence to perforni and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, damage to work in progress by reason of fire or other casualty, or any cause beyond the reasonable control of such party, then the time for performance as herein specified shall be appropriately extended by the amount of the delay actually so caused. The provisions of this Section shall not operate to excuse any party from the prompt payment of any monies required by this Declaration. 13.4 Interpretation/Conflict. The Article and Section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions and interpretation or construction. Unless the context requires a contrary construction, the singular shall include the plural and the plural.the singular, and the masculine, feminine and neuter genders shall each include the others. This Declaration shall take precedence over conflicting provisions in the Articles of Incorporation and/or By-Laws of the Association and said Articles shall take precedence over the By-Laws. None of the terms or provisions of this Declaration shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each Owner shall be considered a separate owner, and no Owner shall have the right to act as an agent for another Owner, unless expressly authorized to do so herein or by separate written instrument signed by the Owner to be charged. 13.5 Scverability. Invalidation of any one of these covenants or restrictions or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment or court order shall not affect any other provisions or applications in other circumstances, all of which shall remain in full force and effect. 13.6 Effective Date/Time. This Declaration shall become effective upon its recordation in the Public Records of Broward County,Florida. Time is of the essence. 13.7 Amendment. This Declaration may be amended, changed or added to at any time and from time to time upon the execution and recordation of an instrument executed by Declarant, for so long as it holds title to any Parcel; or alternatively, by an instrument signed by a two-thirds (2/3) of the Owners represented at a duly called meeting thereof, subject however to any contrary provisions of a Mortgage now or hereafter encumbering the Property. Notwithstanding anything herein contained to the contrary, no amendment shall be made which has a material and adverse effect on the operation or value of the a Parcel, without the prior written approval of the Owner of such Parcel, which shall not be unreasonably withheld or delayed. CADocuments and SettingAmems\Local Settiugffemporary Internet f8cs\0LKDA\IH7857.D0C 13.8 Limitation of Liability. None of the persons comprising an Owner (whether partners, shareholders, officers, directors, members, trustees, employees, beneficiaries or otherwise) shall ever be personally liable for any judgment obtained against an Owner. Each Owner agrees to look solely to the interest in the Property of a defaulting Owner for recovery of damages for any breach of this Declaration; provided, however, the foregoing shall not in any way impair, limit or prejudice the right of an Owner or the Association: (a) to recover from another Owner all damages and costs on account of, or in connection with, casualty insurance or condemnation proceeds which are not applied or used in accordance with the terms of this Declaration, (b) to recover from another Owner all damages and costs arising out of or in connection with, or on account of, a failure by such Owner to comply with its obligations to insure under this Declaration, (c) to recover from another Owner all damages and costs arising out of or in connection with, or on account of, the failure by such Owner to pay when due any tax or governmental assessment, or (d) to pursue equitable relief in connection with any term, covenant or condition of this Declaration, including a proceeding for temporary restraining order, prelirninary injunction, permanent injunction or specific performance, and recover all costs, including interest thereon, relating to such enforcement action. 13.9 Cooperation. Each Owner,by acceptance of a deed therefor or other conveyance thereof, whether or not it shall be so expressed in such deed or other conveyance, shall be deemed to covenant and agree, to cooperate in, and support, any and all zoning, administrative, governmental and/or quasi-governmental filings, applications, requests, submissions and other actions necessary or desired for development and/or improvement of the Parcels, including, without limitation, signing any required applications, plats, etc. as the owner of any portion of the Parcels owned or controlled thereby when necessary or requested. 13.10 Standards for Consent. Approval and Other Actions. Whenever this Declaration shall require the consent, approval, completion, substantial completion, or other action by the Association or the Owners, such consent, approval or action may not be unreasonably withheld, delayed or conditioned. 13.11 Easements. Should the intended creation of any easement provided for in this Declaration fail by reason of the fact that at the time of creation there may be no grantee in being having the capacity to take and hold such easement, then any such grant of easement deemed not to have been so created shall nevertheless be considered as having been granted directly to the Association as agent for such intended grantees for the purpose of allowing the original party or parties to whom the easements were originally intended to have been granted the benefit of such easement and the Owners designate hereby the Declarant and the Association (or either of them) as their lawful attorney-in-fact to execute any instrument on such Owners' behalf as may hereafter be required or deemed necessary for the purpose of later creating such easement as it was intended to have been created herein. Formal language of grant or reservation with respect to such easements, as appropriate, is hereby incorporated in the easement provisions hereof to the extent not so recited in some or all of such provisions. 13.12 Limitation on Association. Anything in this Declaration to the contrary notwithstanding, the existence or exercise of any easement, right, power, authority, privilege or duty of the Association as same pertains to any condominium located within the Property which would cause the Association to be subject to Chapter 718, Florida Statutes, or any related administrative rules or regulations, shall be null, void and of no effect to the extent, but only to the extent, that such existence or exercise is finally determined by a court or administrative hearing officer of competent jurisdiction (after all appellate rights have been exercised or waived) to subject the Association to said Chapter 718. It is the intent of this provision that the Association not be deemed to be a condominium association, nor the Common Area be deemed to be common elements of any such condominium. 13.13 No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Common Area to the public, or for any public use, unless otherwise expressly so provided. There shall be no third party beneficiaries arising out of this Declaration, except for the City as herein expressly provided. 13.14 Constructive Notice and Acceptance. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Parcel or other property located on or within the Property, shall be conclusively deemed to have consented and agreed to every limitation, restriction, easement, reservation, condition, lien and covenant contained herein, CADocuments and Setturgs\menros\Local Settingffemporary Internet foes\OLKDA\ll{7857.DOC whether or not any reference hereto is contained in the instrument by which such person acquired an interest in such Parcel or other property. 13.15 Estoppel Certificates. Each Owner and the Association agree that upon written request (which shall not be more frequent than three (3) times during any calendar year) of any other Owner or the Association, it will issue within thirty (30) days after receipt of such request to such Owner, or its prospective mortgagee or successor, an estoppel certificate stating to the best of the issuer's knowledge as of such date: (a) whether it knows of any default under this Declaration by the requesting Owner, and if there are known defaults, specifying the nature thereof in reasonable detail, (b) whether this Declaration has been assigned, modified or amended in any way by it and if so, then stating the nature thereof in reasonable detail, (c) whether this Declaration is in full force and effect. 13.16 NO REPRESENTATIONS OR WARRANTIES. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED,HAVE BEEN GIVEN OR MADE BY DECLARANT OR ITS AGENTS OR EMPLOYEES IN CONNECTION WITH ANY PORTION OF THE COMMON AREA, THEIR PHYSICAL CONDITION, ZONING, COMPLIANCE WITH APPLICABLE LAWS, MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR IN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE, COST OF MAINTENANCE, TAXES OR REGULATION THEREOF, EXCEPT (A) AS SPECIFICALLY AND EXPRESSLY SET FORTH IN THIS DECLARATION OR IN DOCUMENTS WHICH MAY BE FILED BY DECLARANT FROM TIME TO TIME WITH APPLICABLE REGULATORY AGENCIES, AND (B) AS OTHERWISE REQUIRED BY LAW. AS TO SUCH WARRANTIES WHICH CANNOT BE DISCLAIMED, AND TO OTHER CLAIMS, IF ANY, WHICH CAN BE MADE AS TO THE AFORESAID MATTERS, ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARISING THEREFROM ARE HEREBY DISCLAIMED. ALL OWNERS, BY VIRTUE OF ACCEPTANCE OF TITLE TO THEIR RESPECTIVE PARCELS (WHETHER FROM THE DECLARANT OR ANOTHER PARTY) SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ALL OF THE AFORESAID DISCLAIMED WARRANTIES AND INCIDENTAL AND CONSEQUENTIAL DAMAGES. FURTHER, GIVEN THE CLIMATE AND HUMID CONDITIONS IN SOUTH FLORIDA, MOLDS, MILDEW, TOXINS AND FUNGI MAY EXIST AND/OR DEVELOP WITHIN THE UNITS AND/OR THE PARCELS. EACH OWNER IS HEREBY ADVISED THAT CERTAIN MOLDS, MILDEW, TOXINS AND/OR FUNGI MAY BE, OR IF ALLOWED TO REMAIN FOR A SUFFICIENT PERIOD MAY BECOME, TOXIC AND POTENTIALLY POSE A HEALTH RISK. BY ACQUIRING TITLE TO A PARCEL, OR PORTIONS THEREOF, EACH OWNER SHALL BE DEEMED TO HAVE ASSUMED THE RISKS ASSOCIATED WITH MOLDS, MILDEW, TOXINS AND/OR FUNGI AND TO HAVE RELEASED THE DECLARANT FROM ANY AND LIABILITY RESULTING FROM SAME. 13.17 Covenants Running With The Land. Anything to the contrary herein notwithstanding, it is the intention of all parties affected hereby (and their respective heirs, personal representatives, successors and assigns) that these covenants and restrictions shall run with the Property and with title to the Parcels. Without limiting the generality of the foregoing, if any provision or application of this Declaration would prevent this Declaration from running with the Parcels as aforesaid, such provision and/or application shall be judicially modified, if at all possible, to come as close as possible to the intent of such provision or application and then be enforced in a manner which will allow these covenants and restrictions to so run with the Parcels; but if such provision and/or application cannot be so modified, such provision and/or application shall be unenforceable and considered null and void in order that the paramount goal of the parties (that these covenants and restrictions run with the Parcels as aforesaid) be achieved. CADocuments and Settings\nnrewos\Local SeltingsMinporary Intemet-F8es\0LKDA\1H7857.D0C ARTICLE 14 DISCLAIMER OF LIABILITY OF ASSOCIATION NOTWITHSTANDING ANYTHING CONTAINED HEREIN OR IN THE ARTICLES OF INCORPORATION, BY-LAWS, OR ANY OTHER DOCUMENT GOVERNING OR BINDING THE ASSOCIATION (COLLECTIVELY, THE "ASSOCIATION DOCUMENTS"), THE ASSOCIATION SHALL NOT BE LIABLE OR RESPONSIBLE FOR, OR IN ANY MANNER A GUARANTOR OR INSURER OF, THE HEALTH, SAFETY OR WELFARE OF ANY OWNER, OCCUPANT OR USER OF ANY PORTION OF THE PARCELS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (i) IT IS THE EXPRESS INTENT OF THE ASSOCIATION DOCUMENTS THAT THE VARIOUS PROVISIONS THEREOF WHICH ARE ENFORCEABLE BY THE ASSOCIATION AND WHICH GOVERN OR REGULATE THE USES OF THE PARCELS HAVE BEEN WRITTEN, AND ARE TO BE INTERPRETED AND ENFORCED, FOR THE SOLE PURPOSE OF ENHANCING AND MAINTAINING THE ENJOYMENT OF THE PARCELS AND THE VALUE THEREOF; 0) THE ASSOCIATION IS NOT EMPOWERED, AND HAS NOT BEEN CREATED, TO ACT AS AN ENTITY WHICH ENFORCES OR ENSURES THE COMPLIANCE WITH THE LAWS OF THE UNITED STATES, STATE OF FLORIDA, THE COUNTY, AND/OR ANY OTHER JURISDICTION OR THE PREVENTION OF TORTIOUS ACTIVITIES; AND (k) ANY PROVISIONS OF THE ASSOCIATION DOCUMENTS SETTING FORTH THE USES OF ASSESSMENTS WHICH RELATE TO HEALTH, SAFETY AND/OR WELFARE SHALL BE INTERPRETED AND APPLIED ONLY AS LIMITATIONS ON THE USES OF ASSESSMENT FUNDS AND NOT AS CREATING A DUTY OF THE ASSOCIATION TO PROTECT OR FURTHER THE HEALTH, SAFETY OR WELFARE OF ANY PERSON(S), EVEN IF ASSESSMENT FUNDS ARE CHOSEN TO BE USED FOR ANY SUCH REASON. EACH OWNER (BY VIRTUE OF HIS ACCEPTANCE OF TITLE TO HIS PARCEL) AND EACH OTHER PERSON HAVING AN INTEREST IN OR LIEN UPON, OR MAKING ANY USE OF, ANY PORTION OF THE PARCELS (BY VIRTUE OF ACCEPTING SUCH INTEREST OR LIEN OR MAKING SUCH USES) SHALL BE BOUND BY THIS ARTICLE AND SHALL BE DEEMED TO HAVE AUTOMATICALLY WAIVED ANY AND ALL RIGHTS, CLAIMS, DEMANDS AND CAUSES OF ACTION AGAINST THE ASSOCIATION ARISING FROM OR CONNECTED WITH ANY MATTER FOR WHICH THE LIABILITY OF THE ASSOCIATION HAS BEEN DISCLAIMED IN THIS ARTICLE. AS USED IN THIS ARTICLE, "ASSOCIATION" SHALL INCLUDE WITHIN ITS MEANING ALL OF THE ASSOCIATION'S DIRECTORS, OFFICERS, COMMITTEE AND BOARD MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS (INCLUDING MANAGEMENT COMPANIES), SUBCONTRACTORS, SUCCESSORS AND ASSIGNS. THE PROVISIONS OF THIS ARTICLE SHALL ALSO INURE TO THE BENEFIT OF DECLARANT, WHICH SHALL BE FULLY PROTECTED HEREBY. CADocuments and Settings\menms\Local Settings\Temporary]ntcmet jVcs\OLKDA\IH7857.DOC EXECUTED as of the date first above written. Witnesses: GRIFFIN ROAD PARTNERS, LLC, a Florida limited liability company By: FLOVA, L.L.C., a Florida limited Print Name: liability company, Manager B : Y Print Name: Nicholas Economos, Sr.,Manager By: J.I. VENTURES, LLC, a Florida Print Name: limited liability company,Manager By: Print Name: Ilana Morrow, Manager STATE OF ) ss: COUNTY OF ) The foregoing document was executed and acknowledged before me this day of 2008, by Nicholas Economos, Sr., as Manager of FLOVA, L.L.C., a Florida limited liability company, the Manager of GRIFFIN ROAD PARTNERS, LLC, a Florida limited liability company, and he is [check one:] personally known to me OR produced the following as identification: NOTARY PUBLIC, STATE OF FLORIDA [NOTARIAL SEAL] Print Name of Notary: My Commission Expires: STATE OF FLORIDA ) ss: COUNTY OF ) The foregoing document was executed and acknowledged before me this day of , 2008, by Ilana Morrow, as Manager of J.I. VENTURES, LLC, a Florida limited liability company, the Manager of GRIFFIN ROAD PARTNERS, LLC, a Florida limited liability company, and he is [check one:] _ personally known to me OR produced the following as identification: NOTARY PUBLIC, STATE OF FLORIDA [NOTARIAL SEAL] Print Name of Notary: My Commission Expires: C9Documents and Settings\memoALocal Settings\Temporary lntemet files\OLKDA\417857.DOC EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel "A" of AIRPORT COMMERCE CENTER PLAT, according to the Plat thereof, recorded in Plat Book 175, Page 38 of the Public Records of Broward County, Florida. CADocuments and Settings\rnenros\Local Settings\Temporary Internet Files\0LKDAVH7857.D0C EXHIBIT B-1 LEGAL DESCRIPTION OF THE HOTEL ONE PARCEL A PARCEL OF LAND BEING A PORTION OF PARCEL A "AIRPORT COMMERCE CENTER PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 175, PAGE 38 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ON A PLAT BEARING OF SOUTH 87035'32" WEST ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 349.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87035'32" WEST ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 270.89 FEET TO THE NORTHWEST CORNER OF SAID PARCEL A; THENCE SOUTH 01031'44" EAST ALONG SAID WEST LINE OF PARCEL A, A DISTANCE OF 262.19 FEET; THENCE SOUTH 05°18'50" WEST ALONG SAID WEST LINE OF PARCEL A, A DISTANCE OF 101.24 FEET; THENCE SOUTH 01n31'44" EAST ALONG SAID WEST LINE OF PARCEL A, A DISTANCE OF 51.18 FEET; THENCE NORTH 88029'24" EAST, A DISTANCE OF 311.48 FEET; THENCE NORTH 01°28'15" WEST,A DISTANCE OF 224.01 FEET; THENCE SOUTH 88°43'51" WEST A DISTANCE OF 29.64 FEET; THENCE NORTH 01°16'45" WEST A DISTANCE OF 194.00 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, CONTAINING 120,243 SQUARE FEET(2.760 ACRES)MORE OR LESS. CADocuments and Settings\menros\Local Settings\Temporary Intemet jges\OLKDA\II-17857.DOC EXHIBIT B-2 LEGAL DESCRIPTION OF THE HOTEL TWO PARCEL A PARCEL OF LAND BEING A PORTION OF PARCEL A "AIRPORT COMMERCE CENTER PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 175, PAGE 38 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ON A PLAT BEARING OF SOUTH 01034'24" EAST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 373.83 FEET; THENCE SOUTH 88°32'57" WEST, A DISTANCE OF 320.64 FEET; THENCE NORTH 01°28'15" WEST, A DISTANCE OF 173.91 FEET; THENCE SOUTH 88043'51" WEST A DISTANCE OF 29.64 FEET; THENCE NORTH 01016'45" WEST A DISTANCE OF 194.00 FEET; THENCE NORTH 87°35'32" EAST ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 349.01 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, CONTAINING 124,578 SQUARE FEET(2.860 ACRES) MORE OR LESS. CADocuments and Settingsinenros%ocal SettingsUemporary lntcrnel2'@es\OLKDA\IH7857.DOC l EXHIBIT B-3 LEGAL DESCRIPTION OF THE OFFICE PARCEL A PARCEL OF LAND BEING A PORTION OF PARCEL A "AIRPORT COMMERCE CENTER PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 175, PAGE 38 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID PARCEL A; THENCE ON A PLAT BEARING OF SOUTH 01034'24" EAST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 373.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01034'24" EAST ALONG THE EAST LINE OF SAID PARCEL A, A DISTANCE OF 199.17 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL A; THENCE SOUTH 42055'33" WEST ALONG SAID SOUTHERLY LINE OF PARCEL A, A DISTANCE OF 42.05 FEET; THENCE SOUTH 87°25'39" WEST ALONG SAID SOUTH LINE OF PARCEL A, A DISTANCE OF 17.29 FEET; THENCE NORTH 79°04'36" WEST ALONG SAID SOUTH LINE OF PARCEL A, A DISTANCE OF 51.42 FEET; THENCE SOUTH 87025'39" WEST ALONG SAID SOUTH LINE OF PARCEL A, A DISTANCE OF 390.44 FEET; THENCE NORTH 01°31'44" WEST ALONG SAID WESTERLY LINE OF PARCEL A, A DISTANCE OF 107.27 FEET; THENCE SOUTH 87°25'39" WEST ALONG SAID SOUTHERLY LINE OF PARCEL A, A DISTANCE OF 145.02 FEET; THENCE NORTH 01031'44" WEST ALONG SAID WEST LINE OF PARCEL A, A DISTANCE OF 71.33 FEET; THENCE NORTH 88°29'24" EAST, A DISTANCE OF 311.48 FEET; THENCE NORTH 01028'15" WEST, A DISTANCE OF 50.10 FEET; THENCE NORTH 88°32'57"EAST,A DISTANCE OF 320.64 FEET TO THE POINT OF BEGINNING; SAID LANDS SITUATE IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA, CONTAINING 110,105 SQUARE FEET (2.528 ACRES) MORE OR LESS. C:\Documents and Settings\menroALocal Settuigs\Temporary lntemet2jes\0LKDA\lH7857.D0C EXHIBIT C SITE PLAN 1 .1 r q.p°.y M P L go L F� RAVENSWOOD RD. n! ------------ -------------------- rill, ILI I i I li(t -n zol -------LI f!t l ---------------- --------- 0 l,- FIT fill 710, I I I Ui z c.\Docuinciits and SettingAnienroALocal SettingS\TeMporary lntCmct22cs\0LKDA\IH7857.D0C Z Q Q�mQ a U wO ¢a.9' Z_ OQ % w ) 9F l s Eli LU N ,C) —""'I ,,.....wwa. FI E E g m F � iq I t . , i � W u ----- --- ------ ry _' I 0. 1 to � F}tlp!�'yyj�j'CC 13t Yg 1� 19.1 a � ;FF qCj 9�Q W S a �J CITY OF DANIA BEACH Agenda Item # • .� Agenda Request Database Date of Commission Meeting: 5-27-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTIONNO.2008.085 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA.APPROVING THE REQUEST MADE BY JOSEPH HALL,DESIGN ENGINEER WITH CONSULTECH DEVELOPMENT SERVICES,INC.,ON BEHALF OF THE PROPERTY OWNER REGINA NOVAES PERIM REPRESENTING VENEZA VILLAS LLC,FOR A SECOND EXTENSION(ORIGINAL EXTENSION WAS APPROVED ON NOVEMBER 13,2007 AND EXPIRES ON MAY 28,2008)RELATING TO THE APPROVALS OF VARIANCE VA4M6 BY RESOLUTION NO.2006.195 AND THE SITE PLAN REQUEST SPA 0-06 BY RESOLUTION NO.2006-197,FOR PROPERTY LOCATED AT 4432 SW 52ND STREET,IN THE CRY OF DANIA BEACH,FLORIDA:PROVIDING FOR CONFLICTS:FURTHER,PROVIDING FOR AN EFFECTIVE DATE. L. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-10-06EX/VA-49-06EX/WA-50-06: Consul-Tech Engineering is requesting a 2nd extension of a previously approved variance, waiver and site plan for an eight-unit town home project to be located at 4432 SW 52 Street Resolution Staff Report Application Site Plan Exhibit 1 exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit S Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomey Date City Manaaer Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-085 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE REQUEST MADE BY JOSEPH HALL, DESIGN ENGINEER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF THE PROPERTY OWNER REGINA NOVAES PERIM REPRESENTING VENEZA VILLAS LLC, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON NOVEMBER 13, 2007 AND EXPIRES ON MAY 28, 2008) RELATING TO THE APPROVALS OF VARIANCE VA-49-06 BY RESOLUTION NO. 2006-195 AND THE SITE PLAN REQUEST SP-10-06 BY RESOLUTION NO.2006-197,FOR PROPERTY LOCATED AT 4432 SW 52ND STREET,IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on November 28,2006,the City Commission approved a request for a variance to allow a 22 foot wide driveway(where a 24 foot driveway is otherwise required)and a waiver from the 40%pervious area requirement(to provide 38%where 40%is otherwise required),for property owned by Regina Novaes Perim representing Veneza Villas (the "Applicant'), pursuant to Resolution 2006-195; and WHEREAS, on November 28, 2006, pursuant to Resolution No. 2006-197, site plan approval for the proposed construction of an eight(8)unit town home project(Seminole Village),to be located at 4432 SW 52"d Street,Dania Beach,was granted, subject to conditions; and WHEREAS,on November 13,2007,pursuant to Resolution No. 2007-218,an extension of the above approvals was granted until May 28, 2008; and WHEREAS,Joseph Hall,Design Engineer I,with the firm ConsulTech Enterprises hic.,is requesting a second extension of the approvals associated with the above described project relating to the variance request and site plan until May 27, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date of the approvals to May 29, 2009 for the variance and site plan requests are approved, subject to the following conditions: 1. Approval of storm drainage calculations by Public Services. 2. The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces. 3. The driveway must be designated by yellow painting,striping or markings on the curbs and roadways and the words"NO PARKING—FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. All pavement markings shall be of thermoplastic paint. 4. Free-standing signs shall be as follows: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background with red letters. c. The sign must state "NO PARKING — FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The signs shall be within sight of the traffic flow and no more than 60' apart. 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 arc 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: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-085 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DATE: May 27, 2008 TO: Ivan Pato, City Manager FROM: Kristin Dion, Planner Corinne Lajoie, AICP, Principal Planner '( SUBJECT: SP-10-06EX/VA-49-06EX/WA-50-06: Consul-Tech Engineering is requesting a 2nd extension of a previously approved variance, waiver and site plan for an eight-unit town home project to be located at 4432 SW 52 Street On November 28, 2006, the City Commission approved the following: Variance: To allow a driveway to be 22 feet; code requires 24 feet. Waiver : To allow 38% pervious area; code requires 40%. Site Plan: To allow the construction of eight town homes. On November 13, 2007, the City Commission approved the following: Extension: To extend the expiration dates for the approval of the variance (VA-49-06) and site plan (SP-10-06) until May 28, 2008. The approvals (granted subject to the following) expire May 28, 2008. 1. Approval of storm drainage calculations by Public Services. 2. The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces. 3. The driveway must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING - FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. All pavement markings shall be of thermoplastic paint. 4. Free-standing signs shall be as follows: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background with red letters. c. The sign must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The signs shall be within sight of the traffic flow and no more than 60' apart. The applicant is now requesting an extension for 1 year, to May 28, 2009, due to permitting delays at the SWFMD and Broward County EPD. RECOMMENDATION: At the discretion of City Commission. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-6805 Phone vwrwAaniabeaddi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat L3 Pint Delegation Request ❑ Rezoning1717��i! t! �r=+ Date Reed: IL O� ❑ Site Plan ❑ Sped al Exception MAY 0 2 2000 Petition No.. ❑ Trafflcway Wanner V(a — `{ V '[�C i Variance P�annin n / ❑ Roadway Vacation 9 ❑ Extended Hours Department ❑ Other: SITE PLAN EXTENSIO THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"cheddist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 4432 SW 52 STREET, DANIA BEACH Lot(s): 7 - 10 Block: 5 Subdivision: BROWARD GARDEN Recorded Plat Name: BROWARD GARDEN Folio Number(s): 5041 36 02 0800 Legal Description: SEE ATTACHMENT Applicant/Consultant/Legal Representative(drrle one)JOSEPH HALL / CONSUL-TECH DEVELOPMENT Address of Applicant: 3141 COMMERCE PARKWAY, MIRAMAR FL 330025 Business Telephone:9 54-4 3 8-4 3 0 Qiorne: Fax: 9 5 4-4 3 8-14 3 3 Name of Property Owner: VENEZA VILLAS LLC AddressofPropertyOwner. 53 MARQUISE OAKS PLACE THE WOODLANDS TEXAS 77382 Business Telephone9 54-816-4 3 3 3Home: Fax: 9 54-515-0 2 0 0 Explanation of Request: APPLICATION FOR EXTENSION - ONF- ycAR For plats please provide proposed Plat Name for Variances please attach Criteria SYatmnent as per Amide 10.13 of d2apter28,Zoning Code. Prop. Net Acreage: 0 .7 94 3 Gross Acreage:0 . 8 2 3 0 prop. Square Footage: 3 4 , 6 0 0 S F Ne t Existing Use: RESIDENTIAL (RD-10) proposed Use: SAME Is property owned individually, by a corporation,or a joint venture? VENEZA VILLAS LLC I underst4jid that site plan and variance approval automatically expires within 12 mootr Commission approval, pursuant to Ordinance No. 2005-040. JOSEPH HALL 4/30/08 caner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/ConsultanVRepresentative: This day of 0 A gppKpEVFSoo Signature: Wrt pu6pe.8MM of ryaaaEq�eNt Date: 0 oo Tottt� (Print Name) -� State of(Fyn ) * 1�v Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE, This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certlfy that the below referenced corporation is the owner of subject lands described above and I, as duly authorized officer, have authorized (Applicant/Consulant/Representatw) M n� i to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This zlof_eQ2l1 20 APFIL GRANT Signa re: . i Notary PLM Date: 0�{�02 1 a0 0 STATE OF TEXAS W CohnR Exp.12-17-11 G 1'VJ A (Print Name) cauiJ�^e � s Tp(1N\A.E Sign Name of Notary Public (Print Title) State of rrcOS ) Print me of Notary Street Address,City,S ,`talte and ,�Zip Cork c� Commission Expires: `a f — ( " W(zo �-'' o, " � `�S� g l�� 3 3 3 tel: Telephone No. ✓3;Fax No. IOINT 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/Consuuant(RePrgentarnre) 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: tel: Telephone No. &Fax No. **Each partmer must sign. Attach duplicate sheets as required. i ConsulTech April 28, 2008 E N T E R P R 1 5 E 5. 1 N C. Mr. Laurence Leeds, A.I.C.P. Consul-Tech Director of Community Development Construction Management,Inc. City of Dania Beach Tech 100 W. Dania Beach Boulevard ��7!' Cevelo menDaniaBeach,FL 33004 Development Services,Inc. Consul-Tech MAY 0 Engineering,Inc. Consul-Tech RE: SEMINOLE VILLAGE Piannin Surveying&Mapping,Inc. City Petition No. SP-10-06 & VA-49-06 9 Consul-Tech City Extension No. 2007-218 Department Transportation,Inc. CTE Project No. 05-091140 Dear Mr. Leeds: On November 7,2007 we applied for a Site Plan extension which was granted for six(6)month Miramar and will expire on May 28,2008.Unfortunately we could not meet this deadline.The plans are Co>poate o}fcer still in Broward County Water and Wastewater Div.and Broward County Environmental Dept.. 3141 Commerce Parkway The Structural Engineer and the Architect depend on the DEP Approval to design new elements Miramar,FL 33025 crucial to prevent flood such as Retention wall.The Mechanical Engineer depend the Water and (954)438-4300 Sewer approval to properly design the connections with the Water and Sewer line. For these FAX(954)438-1433 reasons,we are reapplying for a new extension so that these three discipline will have a chance to complete their design. Bonita springs (239)947-0266 Attached with this letter is: FAX(239)947-1323 • The application for General Development Application for the extension, • The notarized documents Ft.Myers • The legal description, (239)656-6237 • A copy of the original variance FAX(239)652-0776 • A copy of the previously approved Extension 543-319z • A check of$1 500.00 for the extension fee. � FAX(239)543-3194 • One (1) copy of the Resolution No. 2006-195 (Variance Approval VA-49-06) and Resolution No. 2006-197 (Site Plan Approval SP-10-06) Lakewood Ranch • Ten (10) sets of the previously approved Site Plan sets — Eight (8) sets of (941)907-8822 11"x 17" format plans and Two (2) sets of 24"x36" format plans FAX(941)907-8821 Miami Our office and the Developer would appreciate your presentation of our request of the extension (305)599-3141 of the Site Plan and Variance approvals to the City Commission at the next available City FAx(305)599-3143 Commission meeting for their consideration. Naples Should you have any questions related to any of the above or require any additional information (239)643-5132 to allow your processing of our request,please do not hesitate to contact me at my office at(954) FAx(239)643-5134 438-4300, extensi 1030 Sincerely, Orlando (407)649-8334 FAX(407)649-8190 Jose Desi ngineer 1 West Palm Beach (561)659-3680 FAX(561)659-2105 cc: Regina Perim (561)242-6042 Fax#(954) 515-0200 FAx(561)242-9745 www.cte.cc RESOLUTION NO. 2007-218 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST BY JOHN ENGLAND, P.E., WITH CONSULTECH DEVELOPMENT SERVICES,INC.,ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR AN EXTENSION OF VARIANCE VA49-06 APPROVED BY RESOLUTION NO.2006-195 AND SITE PLAN SP-10-06 APPROVED BY RESOLUTION NO.2006-197,ALL APPROVED ON NOVEMBER 28,2006,FOR PROPERTY GENERALLY LOCATED AT 4432 SW 52nd STREET,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach,Florida,states that all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before twelve (12) months from the date of approvals of the plan by the City Commission; and WHEREAS,on November 28,2006,the City Commission approved the request for variance VA-49-06 to allow a 22 foot wide driveway(where a 24 foot driveway is otherwise required)and a waiver from the 40%pervious area requirement(to provide 38%where 40%is otherwise required); and WHEREAS,on November 28,2006,the City Commission also approved the request for site plan SP-10-06,to allow the construction of an 8 unit town home project(Seminole Village),to be located at 4432 SW 52"d Street,Dania Beach; and WHEREAS,John England, P.E., of Consultech Development Services, Inc., on behalf of Reginallovaes Perim representing Venezia Villas,LLC,is requesting a six(6)month extension of the expiration date for the variance and site plan approvals until May 28,2008; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration dates for the approval of the variance (VA-49-06) and site plan(SP-10-06)until May 28, 2008,is approved. Section 2. That such approval is 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 November 13, 2007. VA / , 110'A AIATON MAYOR-CO ISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FOR AND CORRECTNESS: BY: .—,�\- rrlll�, THO AS J AN RO CITY ATT RNEY 2 RESOLUTION#2007-218 RESOLUTION NO. 2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, " Off-Street Parking", prescribes the off-street parking requirements for properties within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 29 "Pervious and Impervious Areas", Section 29.10 prescribes the impervious land area requirements for properties within the City of Dania Beach; and WHEREAS,Sheryl Zvi,with Consultech Development Services,Inc.,on behalf of Regina Novaes Perim representing Venezia Villas, LLC., has applied for a variance (VA-49-06) from Chapter 28, "Zoning", to allow a 22 foot wide driveway (where a 24 foot driveway is otherwise required) and a waiver from the 40% pervious area requirement (to provide 38% where 40% is otherwise required); and WHEREAS,the Planning&Zoning Board on October 18,2006,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-49-06, from requirements in Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, "Off-Street Parking", and waiver from Article 29, "Impervious and Pervious Areas", Section 29.10, is approved with the following conditions: The following comments must be addressed prior to issuance of a building permit: 1. Approval of storm drainage details and calculations (Public Services). 2. Fire Marshal's comments dated July 13, 2006 (Fire Marshal). 3. Applicant to provide a 6 foot wall along the west and east lot lines, as well as the north interior lot lines (directly north of the proposed townhouses). 4. In addition to providing drainage improvements to compensate for the 2% reduction in pervious area,applicant shall provide porous concrete paving for the 10 guest parking spaces,subject to determination of availability by the Building Official. 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 November 28, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2006-195 RESOLUTION NO. 2006-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI,LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC,FOR PROPERTY LOCATED AT 4432 SW 52"d STREET,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach,Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Sheryl Zvi, with Consultech Development Services,Inc.,on behalf of Regina Novaes Perim representing Venezia Villas, LLC, has applied for site plan approval to allow the construction of an 8 unit town home project (Seminole Village), to be located at 4432 SW 52nd Street, Dania Beach; and WHEREAS,the Planning&Zoning Board on September 27,2006,recommended that the City Commission grant the site plan request(SP-10-06),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-10-06) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: The following comments must be addressed prior to issuance of a building permit: 1. Approval of storm drainage details and calculations (Public Services). 2. Fire Marshal's comments dated July 13, 2006 (Fire Marshal). 3. Applicant to provide a 6 foot wall along the west and east lot lines, as well as the north interior lot lines (directly north of the proposed townhouses). 4. In addition to providing drainage improvements to compensate for the 2% reduction in pervious area,applicant shall provide porous concrete paving for the 10 guest parking spaces,subject to determination of availability by the Building Official. 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 passage and adoption. PASSED AND ADOPTED on November 28, 2006. ->-4, 7 PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FARM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-197 &xy/,S ,r ,rJ „ /�Esoc..cmoa�� abot�-l�'S City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application �� 3 4) a-38as O Assignment of Flex/Reserve Units O Land Use Amendment O plat O Plat Delegation Request O Remning Site plan Date Reed: n O Special Exception Petition O Special Request a Trafflcway Waller O Variance O Vacation Request O Othen 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 obttalria 7"1buildingcpeermit from the City's Bullding Department, Location Address: 32, y. • Lot(s): 7 8 /0 Block: 5 subdivision: '&RowAR D Recorded Plat Name: _ BR()W/1K-h G�z n�rS n/ Folio Number(s): S')"f f-34-01"QptTD Legal Description: Rx000tb G.4neAkr -2 "7-JSYA0 , LoT$Syoo� E 6 a-If //G 9S/00 JY# OF A/ib JM/00 RLAC - Applicant/Consultant/Legal Representative (circle one) .G , ��JStcL _TC/� TnIG Address of Applicant: 31W Cammekc-E 7"- 'A,e K i.Jgy / 2 33 O S Business Telephone: 9 1 - f 30PHome: Fax: ( 1c� ¢39 -#;U Name of Property Owner: t[ EFiV j5213 1//ac �y 44 C,1 _ Cvrr/r/u7 -2 c c7vg PERim, Address of Property Owner: iNy[Jn� �,t�q y �UE$Tp,1 r-z- 3,3aa7 Business Telephone& S i�-'f 3M Home: Fax: CIS Sl S'- O� O Uf Explanation of Request: _�]iTiff 7 /f RP,QLV1u 7T Ge Prop. Net Acreage: •79� C Gross Acreage: Prop. Square Footage: 3 �60 S.ir, 96r Existing Use: �Cs7_ e 7AL- /0 proposed Use: S14/111r, Is property owned individually, by a corporation, or a joint venture? L LL CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of sub)ect lands described above and . that I, as a duly authorized officer, have authorized (ApplicanVConsultant/Representative) t0 make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature: Date: (Print Name) Sign Name 0f Notary Public (Print Ttle) State of Print Name of Notary Street Address, Clty, State and 21p Code Commission Expires: Seal: Telephone No. $Fax No. ]DINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: • This Is to certify that the below referenced that the duty authorized Ian descri above a d that all persons are �e °w^ of su6)ect C partners have authorized (AppllcanVWnsultanVRepresentadve) �' e' ' to make and the aforesaid applicat on. ` / Sworn to and subscribed before me 6 G This--day off _2Q_ Sign ture: Date:— Q I/ Q 9 Q 400ta I � ir1A NC)V/t�5 (Print Name)*- State o/ r IEANESS C !•17�,:.r,:.. . �,5!a:e at Ronda..;y,JS 1428.2008 Print Name of Notary Street Address, Clty, State and IZip.C Commission Expires: Seal: Telephone No. "Each partner must sign. Attach duplicate sheets as required. I (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; The granting of the variance requested will not confer on the applicant any lands, buildings or structures in this same zoning district. City Staff special privilege that Is denied by the City's Land Development Code to other is sup of this variance as well as City of Dania Beach Fire Rescue. portive (d) That literal Interpretation of the provisions of this chapter applicant of rights commonlyP would deprive the enjoyed dlstrf I Yed by other properties /n the ct under same the terms Of chapter and would work unnecessary a zoning harc/shl on the a an p a llcant• rY d undue PP , The granting of this variance will not have any deprivation of rights commonly enjoyed by other properties in the same zoning district under the terms of the City's Land Development Code would work unnecessary and undue hardship on the applicant. i (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; • A letter was submitted to the Fire Marshall at the City of Dania beach fire rescue. The Fire Marshal accepted the variance reduction request with 3 conditions. The first condition was that the reduction will be acceptable for the drive entry to the west of the ten parking spaces. The second conditions was for the drive entry to the west of the parking spaces must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING — FIRE LANE" must also be included with the striping. These markings must extend from the west side of the pavement six feet to the drive isle. All pavement markings shall be of thermoplastic paint. The third condition required free- standing signs to be provided in accordance with specific guidelines (can be found In Exhibit 1). (t) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. This variance request is in harmony with the general intent and purpose of the City's Land Development Code and will have any injurious affect to the area involved or'ctherwise detrimental to the public welfare. Nov 06 07 04: 15p Ota i Perim 28129--815 p• 2 Broward County Property Appraiser's Network Page 1 of 1 LORIPAR�R�IISRH If you are looking to purchase this property.the tax amount S l�lW IMPORTANT: shown may have no relationship to the taxes you will pay. �^ Please use our TaX Estimator to m determine a ore likely estimate of your new amount. jw Click here to display your 2007 TRIM Notice. Site Address 14432 SW 52 STREET.DANIA BEACH ID# 504136 02 0800 Property Owner IVENEZA VILLAS LLC Millage 0413 Mailing Address JpOBOX 546691 SURFSIDE FL 33154 Use 00 Legal BROWARD GARDENS 21-48 B LOT 7 S 100,LOT 8 S 100&E 6 OF N 116,9 S 100&W 44 Description OF N 116.10 S 100 BILK 5 Property Assessment Values Year Land Building -Land Value AG Total Tax Current $285290 $285,290 2007 $285,290 $140,950 $426,240 $9,160.85 2006 $285,290 $130,510 $415,800 $9,765.93 Save Our Exemptions Home Value Type ViRclow(erpsVeteran'slDisability Homestead Non-Exempt $285,290) Sales History Land Calculations Date Type Price Book Page Price Factor Type 4111/2005 WD $495,000 394S5 . 1382 $2 120 53.06 FF 10/29/2004 WD $305,000 38497 155B $6.00 28,800 SF 9/26/2002 OCD $100 33873 979 11/1/1971 W $15,000 4685 339 12/1/1970 AC 57,200 Adj.Bldg.S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe. y DS L DS 1 1 Please Note:Assessed values shown are NOT carfned values and are suNacl to change before final certlncation for ad valorem tax purposes. http://Www.bcpa.netfRecInfo.asp?URL_Fofio=504136020800 11/6/2007 LOCATION MAP RD-1 Q SW 52NO STI Th18:Sits. SW 52HO CT RM-15 I J O'J IM C r O o C � a L paX LL angN Q � W Vmom O cc a E J OEM a �. m � � 'ELLm a L n W No m W E o U r a 8 m i Q m � @7vbi f W 4 mZQ 'm LL_ Q J V LL O. N x C p Q m m Uu J Q W Q N � Z J E N f \ r W m I m LL Z LL z Z � m L O N N U N z F 2 - LL + M o z w MQ oazg mZ a w coQ"JB 3y O N WQ LLE DLLm n Z OQ W m OZ�FO I Z C a z i 2 ti a »i� a oomax W u') W° zzo�r, � s uz U �aag �3w z2 ¢acc =a LL oo VI 0< z O oEss -W as g x U LL N m 0000 $o o Z � mB 52 3� _.'L may . 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Oo O° 00 00 00 00 _.... 00 O° "—D0 Oo� 90 _ U O O lI O 0 O O O 0 O O U J O J O O 3 °O 00 °0 °O. �9 °P. 20 00 °P0 °OCJ °0,O 00° °0O 09O O° C� t7 C (I O v J O it b O O Z J H N SW( £ I C,o J n O o 'a o ° Z, Z 0 0 CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Database Date of Commission Meeting: 5-27-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-086 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND SETBACK WAIVER APPROVED BY RESOLUTION 2007-132 ON JULY 24,2007,SUBMITTED BY MILLER LEGG&ASSOCIATES,INC.ON BEHALF OF THE PROPERTY OWNER,MARINA MILE PARK OF COMMERCE,LLC,FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30TH AVENUE AND SOUTH OF STATE ROAD 84,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-12-07mod.:The applicant, Miller Legg and Associates, is requesting to modify a previously approved site plan located south of State Road 84, between SW 30 Avenue and SW 26 Terrace. Resolution Staff Report Application Site Plans Color Photos Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibk 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date CAN Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-086 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN AND SETBACK WAIVER APPROVED BY RESOLUTION 2007-132 ON JULY 24, 2007, SUBMITTED BY MILLER LEGG&ASSOCIATES, INC. ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30TH AVENUE AND SOUTH OF STATE ROAD 84, IN THE CITY OF DANIA BEACH; 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, Jill Cohen, RLA, AICP, of Miller Legg and Associates, has applied for modifications to the site plan and waiver approved by Resolution 2007-132,amending the site plan request to the proposed construction of 200,149 square feet of office use and two (2) parking garages,to be generally located on the east side of SW 30s'Avenue and south of State Road 84, in the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposed modifications to the site plan(SP-12-07)and waiver(WA- 32-07), for property generally located on the east side of SW 30`s Avenue and south of State Road 84, in the City of Dania Beach are approved, subject to the following conditions: 1. Must provide a recorded copy of plat prior to issuance of a building permit (Planning). 2. Applicant must pay a bond in the amount of$8,100 for canopy replacement prior to issuance of tree removal permits and/or building permits (Landscape Consultant). 3. The water supply plan for their building fire flow demand will be met prior or Certificate of Occupancv(Fire Marshal). Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8,of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-086 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: May 27, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal PlannerC474 — REQUEST: SP-12-07mod.: The applicant, Miller Legg and Associates, is requesting to modify a previously approved site plan located south of State Road 84, between SW 30 Avenue and SW 26 Terrace. SITE PLAN MODIFICATION To allow 200,000 office space with 2 parking garages. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The subject property is located east of SW 30 Avenue and south of State Road 84. The subject property is approximately 13.5 acres and vacant with a body of water that is currently being filled. On July 24, 2007 the City Commission approved with conditions a site plan for 62,176 s.f. of warehouse-condo space and 117,137 s.f. of office space. The applicant is modifying the site plan to allow approximately 200,000 s.f. of office space and 2 parking garages. The site plan modification was reviewed by the Fire Marshal, Public Services, the City's landscape consultant and the Planning Division. The following items must be addressed by the applicant: 1. Must provide a recorded copy of plat prior to issuance of a building permit (Planning). 2. Applicant must pay a bond in the amount of $8,100 for canopy replacement Prior to issuance of tree removal permits and/or building permit (Landscape Consultant). 3. The water supply plan for their building fire flow demand will be met prior or Certificate of Occupancy (Fire Marshal). CITY COMMISSION PREVIOUS ACTION On July 24, 2007 the City Commission approved the site plan with conditions. STAFF RECOMMENDATION Approve with staff comments. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLFASE`R � s ANY�'�" Route Date 3f7/2008 PZ Log SP-12-07 MODIFICATION .. - Project DJP•MARINA MILE MODIFICATION Folio 504220000330 REVISED SITE PLAN 504220000340 504220500010 PLEASE REVIEW THE ABOVE REFERENCED PROJECT-r-9R-GGMMI&NT44443E INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up 6e In-house ❑ (/ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ©CGA I Approved as submitte Denied ❑ j(1r�Mp/`��`TS� Comments must address prior❑ Approved wlconditions ❑ `t 1 r. � to PZ/Commission hearing ` y List Conditions Signature Date h0HfA q Print Name t3 City of Dania Beach Ref.No. SP-12-07 Moderation DEVELOPMENT REVIEW COMMITTEE ENGINEERING REVIEW#4 The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Marina Mile Park of Commerce Project Address: East side of SW 31P Avenue, south of SR 84 Name of Owner: Marina Mile Park of Commerce, LLC Name of Applicant: Miller Legg &Associates Applicant's Address: 1800 N. Douglas Road, Suite 200, Pembroke Pines, FL Contact Number: (954) 596 -2411 Previous comments adequately addressed. No additional comment. Reviewed by: Concurred: John Messerian, P.E. Dominic Orlando, P.E. Director, Municipal Engineering Director of Public Services Calvin, Giordano &Associates City of Dania Beach, FL CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET , orb Route Date 3/7Y2008 PZ Log SP-12-07 MODIFICATION Project DJP-MARINA MILE MODIFICATION Folio 504220000330 REVISED SITE PLAN 504220DO0340 504220050011) PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF.RECOMMENDATION,TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU: - - - - •--� ..� Route Via: Mail ❑ Pick Up ❑ In-house ❑� Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions / .)Qsz fyul eo-vn ln�� y Signature Date Print Name DJP 4-18-08 Corinne Lajoie, AICP Zoning Review 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. ,Meet-P aws-ene-way-drove-as19'_Qlanf� 3. Must provide dimensions of parking space, drive isles and separations from walls provided in the parking garages on site plan or garage floor plan. Sheets A19, A20, A21, A23, & A24 had no details. 2nd time requested. rgvi e�Jetter fro)rc.sere—Service provider statin -that-the p?oposed--sine-O€- dumpster is suff ''ent fottWproposed'deyelo¢ment. 2`' time requested NOTES: i, • Must provide a recorded copy of the plat prior to issuance of the building permit (Condition of previously approved Resolution). • Signage will be submitted during permitting process. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE �e1 � 1 �• _, IN � I a Route Date 3/7/2006 PZ Log ISP-12-07 MODIFICATION A m a Project DJP•MARINA MILE MODIFICATIDN Folio 5D422000D330 o .o REVISED SITE PLAN 5042200DO340 p b ti p„ PLEASE REVIEW THE ABOVE REFERENCED PROJECEFOR COMMENTS`T09E INCORPORATED IN THE ~: COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO TFTE PLANNING AND ZONING w o BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up F/I In-house ❑ Fire Marshal Se Landscape ❑ BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted ❑ Denied X Comments must address prior Approved w/conditions E] to PZ/Commission hearing J Thv.►�r taw, List Conditions 0wA15L£ 7b 6foiLETE 9E11/E6J. /35//V CI1(/[S -/Va7- ? 6VID6P /N 7 k8 Signature D e Sao * �)✓` Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 377/2008 PZ Log SP-12A7MODIFICATION Project DJP-MARINA MILE MODIFICATION Folio 504220DO0330 REVISED SITE PLAN ! ' - - 504220500010 " ' PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up 0 In-house ❑ Fire Marshal ❑ Landscape BSO ❑ Public Services ❑ Planner ❑ Other 1sultants ❑CGA c I Approved as submitted El Denied Denied Comments must address prior ❑ Approved w/conditions ❑ \ 1^l �'- $`,- S to PZ/Commission hearing f (� List Conditions Ste ed �Ae � �/ IS�aSS Signature Date Print Name cr � <. JL E E �' / f / MEMORANDUM 3 Subject: Marina Mile Landscape Plan Review TO: Corinne Lajoie FROM: Michael McCoy COPIES: Christine Lottier DATE: 4/15/2008 PROJECT E Sciences Project No.2-0234-014 NUMBER: PZ Log: SP- 12-07 Modification The following is a summary of findings, addressed to the applicant, of my review of the landscape plans for the third submittal for the above referenced project. Sheet LND-2 (Existing tree survey) • For existing trees, square feet of canopy,not canopy spread is preferred.However, average canopy spread is acceptable. Average canopy spread for a Category I replacement tree is 17 feet, not 20 feet. Please adjust the calculation on this sheet accordingly, which will show 30 replacement trees required.Please update the landscape plan to account for this change. • Please provide an appraisal for all specimen trees proposed for removal. Payment to the tree Preservation Trust Fund for the value of the trees removed will be required prior to issuance of permit. The remainder of the comments have been addressed. Please note that a bond in the amount of$8,100 will be required for canopy replacement tree plantings prior to issuance of permit. End of memorandum Contact Information for City Arborist: Michael McCoy (954)484-8500(work) (954)643-0423 (cell) mmccoy@esciencesinc.com PAProjects\2-300-399\2-0324\C0st Recovery\014 Landscape Plan Review DJP Marina Mile Perk of Commerce SP-12-07\FindingsMarinaMile-SP-12- 07.doe City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request 0 iy"v' ❑ Rezoning °L�" :. ;,` ' Date Rec'd: b Sl Site Plan Amendment l ❑ Special Exception JAN 1 7 7958 Petition No.: -o I7 ❑ Trafficway Waiver ❑ Variance ❑ Roadway Vacation Fir el ll€ i rr @) ❑ Extended Hours De an-me ►t ❑ 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 Gty's Building Department. Location Address: east side of SW 30 Avenue, south of SR 84 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: See Exhibit 1 Folio Number(s): See Exhibit 2 Legal Description: Applicant/Consultant/Legal Representative(circle one) Miller Legg Address of Applicant: 1800 N. Douglas Road, Suite 200, Pembroke Pines, FL 33024 Business Telephone: 954-436-7000 Home: N/A Fax: 954-436-8664 Name of Property Owner: Marina Mile Park of Commerce, LLC Address of Property Owner: 814 S. Military Trail. Deerfield .Beach. FL 33442 Business Telephone:954-596-2411 Home: N/A Fax: 954-490-62sn Explanation of Request: Site Plan Amendment For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Arh'cle 10.13 of Chapter 28,Zoning Code. Prop. Net Acreage:''-16.15 Gross Acreage: Prop. Square Footage: approx. 200,000 a Existing Use: vacant Proposed Use: 200,000 sf office Is property owned individually, by a corporation,or a joint venture? LLC I unde d that site plan and variance approval automatically expires within 12 m t s of ty 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/Co s alesen'1.1111ve: This day of 20 0$ Signatur . Date: I- $ °$ Robert Miller Sign Name of Notary PP tilt (Print Name) State of( motor. k ) c 814 S. Military Trail 1e Deerfield Beach, FL 33342 Print Name of Notary % Street Address, City, State and Zip Code Commis 'o E it : 954-596-2411 (p)/ 954-480-6250 (f) S;DM�DUAL MICHELEuREYTEDRICK Telephone No. &Fax No. NogryPubic-SIateofFbdda C �sslon ExpYesNov 18.2009 Comnfasbn$pD452328 I 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: 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. Exhibit 1 • DJP Airport West Plat • Ravenswood 26`h Ave. FLL Airport Plat • Isgette's Runway Plat LL LL � 'I tyMAy O J 3 U} rS ::.i■ S Z S J � LLJOw d, a � Ywv FOZUa y Z � L) 00C- ov7 m m rn U F U U n Ja (nuJ N o rn » w w u3 w �» uj ✓, u> n � ❑ n m ❑ U ® W W p N N N OJ S J JZ Z .. 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Since that time, the Owner has chosen to change the design to be geared towards current market conditions. These changes are summarized below: • Change from Industrial and Office Use to all Office Use. • Change to a plan implementing a Sustainable Design for "Green Building" design. • The above changes do not anticipate any modifications or variances to the current City of Dania Beach in effect. V:\Projects\2006\06-00329-Marina Mile Park Of Commerce\Documents\Correspondence\Letters\Criteria Statement.doc RESOLUTION NO. 2007-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE SITE PLAN REQUEST AND SETBACK WAIVER SUBMITTED BY MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE PROPERTY OWNER MARINA MILE PARK OF COMMERCE, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SW 30 .. AVENUE AND SOUTH OF STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDINGFOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Section 18.60, "Area Requirements" of Article 18 of Chapter 28 of the City Code of Ordinances of the City of Dania Beach, Florida,sets the area requirements for uses within the IROM zoning district; and WHEREAS,Miller Legg&Associates,Inc., on behalf of the property owner Marina Mile Park of Commerce, LLC., is requesting site plan approval for the proposed construction of 62,176 square feet of warehouse/condo and 117,137 square feet of office use to be generally located on the east side of SW 30`s Avenue and south of State Road 84, in the City of Dania Beach, and WHEREAS,Miller Legg&Associates, Inc.,on behalf of the property owner Marina Mile Park of Commerce, LLC.,is requesting a waiver(WA-32-07)to provide a front setback of 37 feet. (Chapter 28, Article 18, IROM, Section 18.60 requires a setback of 40.5 feet.) WHEREAS,the Planning and Zoning Board on June 20,2007, recommended that the City Commission grant the site plan request (SP-12-07), subject to certain conditions, based upon the criteria set forth in Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach; and WHEREAS,the Planning and Zoning Board on June 20, 2007,recommended that the City Commission grant the request for waiver(WA-32-07), subject to certain conditions,based upon the criteria set forth in Section 18.60 of Article 18 of Chapter 28 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application(SP-12-07)for site plan approval and(WA-32- 07)request for waiver,a copy of which is attached and made a part of this Resolution as Exhibit"A" is approved with the following conditions to be addressed prior to issuance of a building permit: 1. Must provide recorded access easement for use of ingress/egress at NW comer of property prior to issuance of building permit (Planning Division). 2. Must provide a recorded copy of the plat prior to issuance of the building permit (Planning Division). 3. Directory sign area cannot exceed 24 square feet. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 4. 8 directory signs proposed; 6 permitted. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 5. Sheet SPO-1 shows 9 monument signs and no directory signs. Must be revised prior to issuance of a building permit; additional review will be needed (Planning Division). 6. If applicant wishes to phase the project (i.e., construct the office buildings first), an amendment to the site plan with staff review and possible City Commission approval will be necessary showing how each phase can stand on its own(Planning Division). 7. Water supply to be provided prior to issuance of a building permit after Broward County has installed 16" mains (Fire Marshal). 8. Additional information will be provided prior to issuance of building permits,as stated in their response. We reserve the right to provide additional comments. (Public Services). p g 2 RESOLUTION 42007-132 It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on July 24, 2007. OB ANTOX MAYOR OMMISSIONER A EST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F AND CORRECTNESS: BY: JOJ RO CITY ATTORNEY 3 RESOLUTION#2007-132 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment 3 plat yy ❑ Plat Delegation Request D 1(C 1 D pate Rec d: y ❑ Rezoning ❑ Site Wan 1 ❑ Special Exception JUN 0 4 2007 Petition No.: wA- 3a-0� ❑ Special Request ❑ Trafflcway Waiver Planning ❑ Variance Department ❑ Vacation Request p A Other. IAJ ci :r so.t1 THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad,applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: South of SR 84 between SW 30 Avenue and SW 26 Terrace(Tram Road) Lot(s): NIA Block: N/A Subdivision: NIA Recorded Plat Name: DJP Airport West(proposed); Isgette's Runway BCR B 158, PG 18 Folio Number(s):5042.20.50.0010(portion only) Legal Description: SD42.20.00.0320 Applicant/Consultant/Legal Representative(circle one) Miller Legg 8 Associates, Inc. Address of Applicant: 1 BOON. Douglas Road, Suite 200, Pembroke Pines, FL 33024 Business Telephone:954 436 7000 lol I Home: N/A Fax: 954-436-8664 Name of Property Owner: Marina Mile Park of Commerce, LLC Address of Property Owner: 814 S. Military Trail, Deerfield Beach, FL 33442 Business Telephone: 954-596-2411 Home: NIA Fax: 954-480.6250 Explanation of Request: Administrative Variance See attached correspondence for fir'• justification. +/- 16,27 17 sf Prop. Net Acreage: Gross Acreage: Prop. Square Footage: .. 63,200 sf warehouse f office Existing Use:vacant Proposed Use: -- is property owned individually, by a corporation, or a joint venture? LL" _ I un rsta that site plan and variance approval automatically expires within 12 m the of City om ssion approval, pursuant to Ordinance No. 200S-0 P. JIB, . &/¢ d Applicant/Own r ignature Print Name �� Date APPLICANT,CONSULTANT, OR LEGAL REPRES TAME NOT RIZED IGNATURE Sworn to and subscribed before me Appli nt/Consultant/Represe to r This day of (�A Q 20-`� Signature: Date: y Jill Cohen, RLA,AICP 4Signa 4Noot% bjlic / (Print Name) )800 N. Douglas Road, Suite 200 1- Pembroke Pines, FL 33024 Print Name of Notary l Street Address, City, State and Zip Code m , AYSAFDE 954.436.7000(p)1954.436.8664 (f) Commission *'A.- *ip 1upol�5o Telephone No. &Fax No. D(PIiiES AupiM ry",aa� aadwlMu&*k"8v w INDIVIDUAL OWNER NOTARIZED SIGNATURE: N/A This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/ConsultanVRepresentative) 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) Robert Miller to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Marina Mi d merce,LLC This—JL day of r_20-9�2 Signature• Date: 0G • 0 4 • 07 Robert Miller c (Print Name) Chief Op&mdng Officer Sign Name of Notary biic (Print Title) State of( FEor%&, ) 814 S.Military Trail,Building 6 ne- flau R&2rh F1 ti442 Print Name of Notary S Address, City, State and Zip Code MICHELE UREY TEDR rZA .2411(p)I 954.480.6250 Commission Ex r ` " q w nw•eats Of Seal: 'MCommissbn Expires Na/T one No. & Fax No. y ! Commnsbn9DD452326 .4rw'w Bonded By Ne6oed NO"Aasn. 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. MILLERLEGG ,�,, June 4, 2007 . JUN 0 4 1007 Laurence Leeds, AICP pia n n l ng Growth Management Department City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 RE: DJP Airport West Site Plan (f.k.a.) Marina Mile Park of Commerce MLA Project No: 06-00329 Dear Mr. Leeds: Per our Site Plan Review Committee comments, dated April 27, 2007, please accept this administrative variance request for the above referenced project. The applicant is requesting an administrative variance request, per "Chapter 28, Land Development Code Section (LDC) 10.13, Variances" for the front building setback along Southwest 30 Avenue. The justification request per §10.13 of the Code, is attached. Specifically, we are requesting a variance to LDC Chapter 28, Section 18.60 (c) (1) "Yard Requirements," which requires a front yard setback abutting any street or public thoroughfare to be one (1) times the building height, measured to the property line. According to this code, a 43'-6" (the building height to the highest peak) setback is required from the abutting Southwest 30 Avenue roadway. Technically, however, the west property line is adjacent to an existing landscape and retention area, (per Plat Book 144, Page 2, which lies between the proposed DJP Airport West Site Plan and Southwest 30 Avenue) and not to the roadway. The closest condition is on the southwest building comer which measures 37 feet from the building to the western property line. The `retention area' is an additional 46 feet at this closest condition, which combined with the 37 feet for the building, provides for an overall setback adjacent to the street of 83-feet. Please accept this letter and attached justification, along with the application and check for $ 290.00 as our administrative vanancee�request. Should you have any questions please do not hesitate to contact me at( 54) 436�7.000, Ext. 255. Regards, 1 Jill Co ei I Al AICP Associate/Planning JC/rm/ Attachments cc: Robert B. b4illcr, DJP Development Anitra Lanczi, Shutts and Bowen Gordon Lunt, GLDC, Inc. Jose Jaramillo, The Architectual Group V: Projects 2006 UU-UU329 - Mmiaa Mile Park Ut Cumnxrx'.Uocumm�tslCorrnponJ;nee',LetlersUb ) (MM LLl1 4dminutratice Variance Re uexl doc IMPROVING COMMUNITIES. CREATING ENVIR OMEN T S. South Florida Office: 1800 N Douglas Road • Suite 200 • Pembroke Pines,Florida • 33'. . 0 (954)436-20ge fla)O g'%4)436-8664 www.millerlegg.com Marina Mile AdministrativF ''ariance Justification ATTACHMENT 1 Justification of Administrative Variance Request for Marina Mile Front Setback: 1§10.13. VARIANCES. Authorize upon appeal such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the city commission must and shall find: (a) That special conditions and circumstances exist which are. peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Response: This request is unique to this parcel of land is not applicable to surrounding lands within this zone. The portion of the site "adjacent" to Southwest 30`h Avenue, which requires this variance, is separated by a "triangular" piece of land which is, at its widest, 46 feet from back of curb to said property line of DJP Airport West Site Plan, (See Attachment 2). We note, that this "triangular" piece of land is not owned by the applicant and is a landscape and retention area, per the "Port 95 Commerce Plat, " as recorded in Plat Book 146, Page 2, B.C.R. and the proposed office building is 37 feet from the DJP Airport West property line and an additional 47 feet from the adjacent roadway, Southwest 30` Avenue. (b) That the special conditions and circumstances do not result from the actions of the applicant; Response: This condition is not a result of actions from the Applicant. As noted in the response above, the adjacent lands are a landscape and retention area per recorded plat. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; Response: This variance request would not grant any special privilege, as this site has an additional landscape and retention hiffer,per Plat Book 144, Page 2, B.C.R., which at its widest measures 46 feet from the back of curb (Southwest 30 Avenue) to the DJP Airport West Site Plan property line. This strip of land lying 0 this site plan is not t' Avenue and the west property line j p between Southwest 30` Aye buildable and per the recording document is specified as use forretention and therefore neither revokes any special privilege on the adjacent parcel. he provisions of this chapter would ive the (d) That literal applicant of ightrcommonly etation of tenjoyed by other properties in then amerzoning Page 2 of 3 Marina Mile Administrative --iriance Justification district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; Response: The interpretation of the provisions of this chapter would be a hardship to the subject property to the development rights enjoyed by similar properties with the same zoning designation. Due to the irregularity of parcelization in area and the triangular shape of the adjacent property to the west, the literal meaning and definition of the standard setback requirement is not applicable in this scenario. A length of 83 feet is provided for this setback measured from the building corner closest to the property line, to the roadway (37feet from the DJP Airport West property line and an additional 46 feet from the adjacent roadway, Southwest 3 hived nsetbW ith the far inclusion exceeds oft the width od the adjacent property, the interpretation of the minimum code setback requirement. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land,building ors structure; , Response: The granting of this variance will provide for a reasonable accommodation for the building adjacent to the roadway considering the circumstances of the recorded drainage retention area and the requirements governing the front setback for this zone. (i) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 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