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HomeMy WebLinkAboutO-2004-006 PL-69-03 Villas at Oak Hammock Second Reading 3-23-04AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "VILLAS AT OAK HAMMOCK" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 5353 S.W. 40TH AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "VILLAS AT OAK HAMMOCK" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat of "Villas at Oak Hammock" Plat (PL-69-03), an Ordinance of the City Of Dania Beach, Florida, approving the "Villas at Oak Hammock" Plat, such property being generally located at 5353 S.W. 40th Avenue, in the City Of Dania Beach and legally described in exhibit "A", a copy of which is attached to this ordinance, is hereby accepted and approved, subject to the following being addressed by the applicant before any City signatures are placed on the plat: 1) A utility easement, location and size to be determined by Public Services. 2) Note on plat to restrict use to 27 (twenty seven) townhouse units. 3) Payment of $51,340.00 (prior to building permit) for payment of park impact fees. 4) Add language as required by Broward County. 5) City Commission must accept the appraisal dated December 29, 2003. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat of "Villas at Oak Hammock" Plat, is accepted by the City of Dania Beach, Florida. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. That this ordinance shall take effect immediately at its time of passage. ORDINANCE NO. 2004-006 0 PASSED and ADOPTED on first reading on the 13 th day of January, 2004. PASSED and ADOPTED on second and final reading on the 23 rd day of March, 2004. ATTEST: ;"//_2 � �Ic MIRIAM NASSER ACTING CITY CLERK WMAT&*%�,WAOHAMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY —YES VICE MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO 7RM ND CORRECTNESS: ��l " \\, BY. THOMAS)J. ANpkd CITY ATTORNEY OA ORDINANCE NO. 2004-006 0 EXHIBIT "A" LEGAL DESCRIPTION THE EAST 125 FEET OF THE WEST 625 FEET OF THE NORTH 212 FEET OF THE SOUTH 412 FEET OF THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 8, IN SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41, EAST, ACCORDING TO THE PLAT OF "NEWMAN'S SURVEY", RECORDED IN PLAT BOOK 2, PAGE 26, OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA; THENCE, RUN NORTHERLY ALONG THE EAST LINE OF SAID TRACT 8, TO THE SOUTHEAST CORNER OF SUBDIVISION OF "BROWARD GARDENS" AS RECORDED IN PLAT BOOK 21, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE, RUN WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1132 FEET; THENCE, RUN SOUTH PARALLEL TO THE WEST DIXIE HIGHWAY (ALSO CALLED STATE ROAD NO. 7) TO THE SOUTH LINE OF TRACT 7 IN SAID SECTION 36; THENCE, RUN EAST ALONG THE SOUTH LINE OF TRACTS 7 AND 8 TO THE POINT OF BEGINNING. SAID LANDS BEING LOCATED IN BROWARD COUNTY FLORIDA. TOGETHER WITH: THE NORTH 212 FEET OF THE SOUTH 412 FEET OF THE FOLLOWING DESCRIBED PARCEL EXCEPTING THE WEST 625 FEET THEREOF; BEGINNING AT THE SOUTHEAST CORNER OF TRACT 8, IN SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF "NEWMAN'S SURVEY", RECORDED IN PLAT BOOK 2, PAGE 26 OF THE PUBLIC RECORDS OF MIAMI/DADE COUNTY, FLORIDA; THENCE, RUN NORTHERLY ALONG THE EAST LINE OF SAID TRACT 8 TO THE SOUTHEAST CORNER OF THE SUBDIVISION OF "BROWARD GARDENS" AS RECORDED IN PLAT BOOK 21, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE, RUN WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1132 FEET; THENCE RUN SOUTH PARALLEL TO THE WEST DIXIE HIGHWAY (ALSO CALLED STATE ROAD NO. 7) TO THE SOUTH LINE OF TRACT 7 IN SAID SECTION 36; THENCE, RUN EAST ALONG THE SOUTH LINE 0 TRACTS 7 AND 8 TO THE POINT OF BEGINNING, SAID LANDS BEING LOCATED IN BROWARD COUNTY, FLORIDA. SUBJECT TO ROADWAY EASEMENT OVER AND ACROSS THE EAST 40 FEET THEREOF. 3 ORDINANCE NO. 2004-006 City of Dania Beach, Florida Growth Management Department Planning and Zoning Division (954) 924-3645 N ?Iat Development Application 13 Variance E3 Special Exception E3 Site Plan E3 Rezoning E3 Land Use Change L3 Assignment of Flex/Reserve Units 13 Vacation Request Date Recd: SEP 17 20q Petition No.: Pk- 69-03 This application must be completed in full and submitted along with all necessary documents for it to be processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA UNTIL IT IS COMPLETE. Refer to the "Application Type" and "Required Documentation" checklist to determine the supplemental documents required with each application. STAFF WILL PROVIDE THE APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated in individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the State of Florida, and other appropriate design professionals. The applicant of record or their authorized legal agent shall present projects to the pertinent board. 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. Once placed on an agenda, the applicant or their authorized legal agent must be present at all meetings. Location Address: n 53 34) 404 Maw - 0 Lot(s): — I Block: — Subdivision: — Recorded Plat Name: Neww] or, 'S 50413(0010401 504l3&0l02q4' Folio Number(s): 504 136 0 10 995 0, rJR, a 0 (0 Legal Description: A xf'Hoyl OP +(dc� owrnons' vu6ht rtyo(d5 of Wavi-N4 CLu 1.7 rl > Present Zoning: Pt+ 14 Present Land Use: OW- I&% Explanation of Request: 'M Amvm�&L Prop. Net Acreage: — Gross Acreage: 0. 5 Prop. Square Footage: 1131 0 9 1 Value of Improvement: 15 M;111 'k Estcl Date of Completion: & goo& Will Project be Phased:. Vo If yes, Estd Completion of each Phase: Existing Use: �ZEM� HOW— Proposed Use: MU W- rdrnil Name co��WConsultant/Representative (circle one): Mo;&n' 60�n I V/At at 000�MVJ4 LV- Address of Applicant: Me E. HAndak Lead, 31A , sm;k 703 POIWA F1 3-9Xq Business Telephone: LfA]9t !64- 7669 Home: Llk�&7-30 Fax: Lq*) 45 4 - 07.V Updated 3/14/03 Name of Property Owner: Vil lb Q+ 00- gam"CL Address of Property Owner: 1VO 6. RQIIOdQtk BftL r8kd. SU;J 708 A I Ft 330 Business Telephone: L4-qi 464-165 Home: (7&)367-3193 Fax: A o4 - m8 List any additional action (i.e. special exception, variance, rezoning, etc.) that may be needed to support the proposed project: List all previous action that has occurred on this property: — NOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. sworn tq and subscoed before me This '41— day oLIA,�. 20,Qy -Sign Naffe- of Notary Public State of ( �� K�lia Print Name of Notary Commission Expires: Seal: C-dill Wdbom E*Irm Mw 11, 2004 A p p 11 c a n t/ Co n s Mu�l/ Re ese ve: Date: M/0 /0 Signature: Po (-<, e S d;M�� (Print Name) fff (9 20 E, 11541&�le A-4 C llo� Z-0 Street Address, City, State and Zip Code 17W'�P A4 Telephone No. & Fax No. WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE THE FOLLOWING: This is to certify that I am the 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_ Sign Name of Notary Public State of( Print Name of Notary Commission Expires: Seal: Signature: (Print Name) Date: Street Address, City, State and Zip Code Telephone No. & Fax No. January 6, 2004 r7 City of Dania Beach Growth Management Department Attn: Corinne Church 100 W. Dania Beach Blvd. Dania Beach, FL. 33004 Via: Hand delivered Re: Plat forVillas'at d A H ai6moc'k — 5353 SW 40th Avenue. 27 proposed Townhomes Dear Ms Church: Enclosed please find a copy of the most recent appralsat. done by SUNTRUST Bank appraisal for the above referred project. The pages attached pertain to the value of the land as calculated by Kirshner & Tochner, LLC MAI appraisers. Please feel free to contact me at my cell 786-367-3123 if you have any questions and please let me know if this document is what you require for our January Council meeting approval of the plat. Thank you, TA � 4: 1 Ft' 1 1,11 1 �'5 57 IT."I i A IR MG Homes LC, Man Member w/ encl. E for 1920 E. Hallandale Beach Boulevard - Suite 708 - Hallandale Florida 33009 Phone: (954) 454-7868 * Fax: (954) 454-0728 Mohner & Tochner, LLC One North Clemafis Street, Suite 400 RIM` W-st Padm Beack, Flor!Ja 33401 Telepho.n.: 561.514.9911 Facsinule, 561.514.9922 December 29, 2003 Bob Kinney, MAI Commercial Re-�iew Appraiser SunTrust Bank 501 E. Las Olas Blvd., Ft Lauderdale, FL 33301 Re: Appraisal of Villas at Oak Hammock, a proposed 27-unit townhouse subdivision located at 5353 S.W. 40" Avenue, within the city of Dania Beach, in Broward County, Florida Dear I%ft. Kinney - In accordance with your reques� we have made an appraisal of the above referenced proparty. The subjectpropertyis firther described and identifiedby anarrative and legal description wifl-�.n the t,.-xt of the following report. This is a complete, self-contained appraisal report. The purpose of this appraisal was to estimate: the inarket value of the fee simple interest in the subject propertN Mi "as is" conditior. Oand value less demolition), as of the effective date of the appraisal; the prospective market value of the fee simple interest in the subject propert�, upon completion of all proposed subdivision infrastructure (for 27 townhouse lots and L�non elements), in bulk to a single purchaser, as of the anticipated date of completion. The subject of this appraisal report is 2.531 acres of land proposed for development of 2*7 attached, two-story, single-family residences (townhouses) in five buildings. As of the date of apprais-31, the subject was improved with three single family residential structures without value. These struaires will be razed and removed to allow redevelopment of the site as proposed. Development of the subject property is expected to begin on or about March 1, 2004, and construction of the project is expected to require 12 months, with completion of the entire pr9ject expected to take place on oT about Febn=y 28, 2005. As a result of our investigation into those matters which affect market value, and by virtile of cur experience and training we have formed the opinion that: the market value of the fee simple interest in the subject property, in "as is" condition (reflective ofland value only), effective December 16,2003, was Seven Hundred Fifty-five Thousand Dollars ($755.000): and- '21 Cj 01/06/2004 13:45 FAX SUNTRUSTBANK U 002 003119: Villas at Oak Hammock, Dania Beach Pag- 75 Cost Approach The first step in estimating t1le market value Of the subject property by the cost approach is to estimate the value ofthe subject site. This is accomplished by comparing similar sales and analyzing what other developers have paid for vacant land. The next step is to estimate all development expenses required to reproduce the improvements- These costs include diiect hard construction costs such as the building and site improvements- Judirect soft construction costs such as professional feer, and governmental fees must also be included in the development expenses. The estimated market value of the subject property by the cost approach also requires an estimate of the profit margin a developer requires fbr the undertakin- ,,, of the project. Next, depreciation from all causcs is subtracted from the estimated reproduction cost new. Summation of land value, the development expenses and the devel;per's profit reflects an indicated value of the subject property by the cost approach. Land Valae Estimate: We have utilized the sales comparison approach in the valuation of the, subject site- This technique is the most widely recognized in the valuation of vacant land, or I and ready for redevelopment. The sales comparison approach is the process for comparing prices paid for parcels having a safisfkctory degree ofsimilarity to the subject site, adjusted for differences. Tlus approach is based upon the principle of substitution which implies that a prudent purchaser will not pay more to buy a property than it would cost to buy a comparable substitute property in a similar location. OFive sales of parcels zoned for inulti-family residential development were found and used in ibis analysis. The sale of the subject property, which was Purchased in August 2003, was also used in the analysis as it is a rment arms length sale of a parcel purchased for multi -family residential development 'Mese sales were considered the best available in the local market and the most representative of the land value fbr the subject property. We have analyzed the sales on the basis ofprice per planned residentW unit as this basis was found to be the most reliable value indicator. The value per acre was also analyzed but was not deemed a reliable indicator, due primarily to differences in density. The land sales are identified on the Larid S ales Map on the following page and are presented in a sumrnary form in a table that follows the s ale write -Ups. I* 01/08/2004 13:46 FAX SUNTRUSTBANK 000"I 0 is v 03 N N co 00 C� cr) Cc Cli w 00 Ci co r- rIt 0 0 69 LO co 61-11 r- C-i (6 c 0 W d) a. a 0 Qs ui r-: co ai 0 L6 r- 06 r� T- q- r- "r- Q E 0 3: lo: 0 4) 0 o a 0 z .E Nm coo Ln, N CPO m N Cj I I CN > 0 - ol C) (o kn C4 o 01 Nr r-- cy — Lo J� N Nt T- go Le) c; C4 LO 0 cm co (D a) t(-D: co Z Z Z o z 10 16, 04 a co VC-4 t Ln fl- 0 ol z IDI z 0 01 z '1 0 z 0 z T 69 C) 98 m 99 90 Cd & a I I , , 8 z z z 0— (D E E CL m z 0 + + + + IE — 0 0 -j c 0 iz 0 o . co > WO LO CV3 CO N cd (D m w o C: < 1> E 0 < U, w 0 g! CL z w �: LU 0 r- + 0 > co a. z co) 0 z 0 z a 0 z Q E -80 -0 z LL) -a c 0 co Q C-4 cl It LO N M 1 01/06/2004 13:46 FAX C03119: Villas at Oak SUMUSTBOK Dania Beach [a 004 Discussion of Land Sales Cash Equivalency: All sales weri either cash or its equivalent, and therefore fio adjustments foi favorable financing were necessary. Conditions of Sale: All sales wereArm's length innature, with no adjustments necessary for the sale conditions. Changes in Value over Time: The dates of sale range from September 2001 to May 2003. A review of the data indicates multi -family residential land values'have experienced strong appreciation during this period. This is evidenced by comparisons of Sale 5 to Sale 2, whichliave similar locations but different crensities. 'Me value per planned unit for Sale 2 is 13.5% greater elan that of Sale 2, indicatin'g an accrued appreciation rate of 0.8% per month- A sirailar comparison of Sale 5 to Sale 3, which with relatively similar locations, sizes and densities, indicates a month]), appreciation rate of 1.9% per month. Therefore, Sales 3, 4, and 5 are inferior -in tenns of changres in value over time and each was adjusted upward. Location; The, location of Sales 2, 3, 4, and 5 are all superior to the subject and each was adjusted downward. The location of Sale I is inferior to the subject, resulting in an upward adjustment. Size: Typically, the value per unit for land parcels such as the subject decreases as the site size mcreases, due mainly to economies of scale. Sales 2, 3, and 4 are sufficiently similar in size to the subject tobeconsidcred similar. Sale 1, containing 17.62 acres, is sufficiently larger than the subject and was considered infarior, resulting in an upward comparison- Sale 5, containing 0.5231 acre, is significantly smaller than the subject� resulting in a downward comparsion. Zoning: The subject and all five of the sales are zoned for multi -family residential development. This analysis indicates no change in value result from these different zoning categories. Density: Typically, the value per unit d=eases as development density increases, due mainly to demased site development costs per unit associated with parcels with greater densitim. The densities of Sales 1, 2,3, and 5 arc sufficienflysimilarto the subjectto negate aneed for adjustmemt. The density of Sale 4 is significantly greater than the subject, resulting in an upward adjustraerit Value per Unit: The comparable sales range in sale price per unit from $11,644 to $44,988. Saje 1, with the lowest sale price per unit, is the most recent We in the analysis. However, a comparison of this sale to the others indicates its sale price per unit is well outside the value range indicated by the other recent sales. This low sale price per unit is probably due to the relatively large sizeof the site and number ofproposed units in comparison to the other sales. The range indicated by Sales 2, 3 and 4, with prices per unit ranging from $3 0,263 to $44,98 8, are considered most indicative of' current market values. The overall comparisons to these three sales is down and the subject's land 'value would be expected to be slightly less than the indicated range. This is supported by a comparison of the subject's actual ' sale price to the razge. 7herefore, with greatest consideration given to Sales 2, 3, and 4, as well as to the subject's sale, a market value of $28,500 per dwelling unit was estimated for the subject, as if vacant. Kirshuer& Toc6er, Uc C03119: Villas at Oak Hammock, Dania Beach Page 84 We subject's land value, as if vacant�," calculated as follows: it 27 dwelling units x $28,500/unit $769,500 Rounded to; $770,000 However, the subject is improved with three buildings containing approximately 7,854 square feet of area. As discussed previously in this report, the estimated cost to raze and dispose of these improvements is $15,000. Therefore, this amount was deducted from the cstimated value as if vacant to reflect the value "as is". Therefore, we have concluded that the market value of the subject site, as is, which is multi-familv residential land that must be cleared of existing improvements be to available for development to its highest and best use, is $755,000. Lnprovement Costs: The next step in esdmating the ma*et value of the property by the cost approach is to estimate the cost to develop the 27 PrOPO$ed townhouses. These costs reflect both direct '%arV construction costs, including engineering and site work, paviq& landscaping, and utilities, and indirect, or "sofV construction costs such as professional fees, govanmental fees, and financing costs- The estimated market value of the subject property by the cost approach also requires an estimate of the profit margin a developer requires for the undertalcing of the project. NeA depreciation from all causes is subtracted from the estimated reproduction cost new to anive, Ot the esthnated value of the improvements. In estimating the cost to developed the proposed subject townhouse complex, we have comidered a cost estimate provided by the subject developer, as well as known costs and data provided by a. national cost service. Developer's Cost - The developer of the subject property has submitted a detailed cost estimate reflecting a total construction cost, excluding land acquisition, of $4,799,353.. Cost Service - In order to test the reasonableness of the cost budget for the proposed townhouse subdivision, we have compared the developer's costs to a cost estimate yielded by the Marshall Valuation Service Cost Manual. These costs are averages of final costs and include ordinary charges for architect, engineering, plans and inspection and ordinary finance charges during the, period of construction. The costs also include contractor's overhead and profit, but do not include entrepreneurial profit Based on descriptions of the proposed construction, the subject project will reflectAverage to Good Quality, Clays C, Town Houses, found in S ection 12, Page 26 of the manual. The adjusted cost for construction of this unit t"e is reported at $54.88 per square foot for end units. Ten (10) of the proposed subject units will be end units and the rernaining 17 are interior units. Interior units cost 6% less than end units, or $51.59 per square foot. Garage costs are reported at $21.33 per square fbot for end -unit garages and $12.66 for interior -unit W ges. Site improvement costs are estimated at $12,400 (rounded) per townhouse unit, including paifing, landscaping, and a lift station, for a total of $334,800, The developer included site development costs of $3 3 6,710 for the project, which is nearly equal to our estimate, PL-69-03: Request by Moises Gorin, on behalf of Viflas at Oak Hammock,, LLC. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION (10/15/03) Approval provided the applicant addressed th following, before any Ci!y signatures are oin the plat: 1) A utility easement, location and size to be,"�'-,', determined by Public Services. 2) Note on plat to restrict 3) DI town,house units. use to 27.1.-. i]din L g Payment of $51,,340.00 (prior to bu: permit) for payment of park impact fees. Aaa language as County. required by browarr�q 5) City Commission must accept the appraisa, dated December 29,, 2003. 0 0 AGENDA REQUEST FORM CIT* OF DANIA BEACH -daft CW AGENDA ITEM NO. 7./ 1. DATE OF COMMISSION MEETING: MARCH 23,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — "VILLAS AT OAK HAMMOCK" PLAT (2 ND READING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2 ND READING E 4. SUMMARY EXPLANATION & BACKGROUND: Preliminary plat approval request by Moises Gorin, on behalf of Villas at Oak Hammock, LLC., for a perimeter plat for property located at 5353 SW 40th Ave. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Plat Application Copy of property appraisal report Public Hearing Notice Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: —Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their October 15, 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date March 15, 2004 Community Development Department City Manager Date 1�1 E DATE: TO: CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT March 23, 2004 Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director 6�1 Corinne Church, AICP, Principal Planner Nb-- SUBJECT: PL-6 * 9-03: Request by Moises Gorin., on behalf of Villas at Oak Hammock LLC.,, for a perimeter plat for the property located at 5353 S.W. 40th Avenue (SECOND READING). The property is zoned Broward County Multiple Family (RM-15). The RM-15 zoning allows up to 15 dwelling units per acre, subject to compliance with all other zoning requirements. The subject property was previously operated as a nursing home. There are three structures located on the property. At least two structures appear vacant. The property to the south is a condominium development. Rental apartments are located to the north and west. Single family homes are located to the east across SW 40 th Avenue in the City of Hollywood. The Broward County Trafficway Plan identifies SW 4V' Avenue as a collector roadway. The City of Dania Beach requires residential developers to dedicate public land for parks. The fee is based upon the formula identified in Chapter 19 (Article IV) of the City Code. The formula requires three (3) acres of park land for every 1,000 residents generated by the development, multiplied by the number of permitted residential units, multiplied by the number of persons per unit as prescribed by the City Code. Where such dedication is determined by the City not to be feasible because the size of land to be platted is less than 10 acres, the developer shall in lieu thereof pay to the City a fee. The amount of such fee is based upon the "fair market value" of the land which would otherwise be required to be dedicated to the City. The City Commission and developer may agree as to the fair market value of the property, or the Commission may require the developer to provide an appraisal prepared by a licensed real estate appraiser. The subject property is 2.39 net acres in size. In this instance, the formula requires the applicant to dedicate 0.162 acres of public open space, or 6.8% of the property size. Community Parks such as Meli, Frost, and Thomas each exceed 9.0 acres in size. A 0.162 acre park might be sufficient for a tot lot or passive open space if located in a visible location within a single family subdivision away from major roads. A park at this location would be located right on SW 40t'h Avenue, a county collector road. Under these circumstances, both the Community Development and Parks and Recreation Department Directors recommend the applicant pay a local park impact fee based on the 0.162 acre park dedication. Local park impact fees, for this and other residential development, may be used to purchase new park land or for capital expenses at existing parks. The appraisal for this site, dated December 29, 2003, identifies the property market value of $755,000.00 (approximately $316,000.00 per acre). If the City Commission chooses to accept the appraisal, the payment in lieu of land dedication to satisfy the park impact fee is $51,340.00. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION On October 15, 2003 the Planning and Zoning Advisory Board recommended approval provided the applicant certain issues be addressed prior to plat approval. 1) A 15' perimeter utility easement is required (Public Services). 2) Note on plat to identify the number of units to be built (Community Development). 3) Payment of $51,340.00 for payment of park impact fees prior to city signature on plat (Community Development). 4) Add language as required by Broward County. STAFF RECOMMENDATION Approval subject to the following, before any City signatures are placed on the ptat: 1) Plat to show 15' perimeter utility easement. 2) Plat to restrict use to 27 townhouse units. 3) Plat to include all language required by Broward County. 4) City Commission must accept the appraisal dated December 29, 2003. 0 5) Payment of $51,340.00 for payment of park impact fees. 0 S."l- sevli�vve 720 Public Hearing Notices NOTICE:00 PUBLIC HEARING CITY OF DANIA BEACH PL-69-03 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania' Beach City Commission on Tuesday, March 23, .2004 at 7:00,p.m:, or as soon thereafter as possible� in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd:, Dania Beach Florida 33004, for the purpose,of hear- ing any com�ients which might be made to the follow- ing requests: PL-69-03 - Request by Moises Gorin, on behalf of villas at Oak Hammock, LLC.,,for a perimeter plat for lhej property lo , cated at 5353 S.W. 40th Avenue'(Second & Final Reading). AN ORD I I I NANCE OF THE CITY OF DANIA BEACH, FLORI _r DA, APPROVING 'VILLAS AT OAK HAMMOCK' PL4T, SUCH PROPERTY BEING GENERALLY LOCATED AT 5353 S.W. 40TH AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT'A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGH- WAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF 'VILLAS AT OAK HAMMOCK' PLAT; PROVIDING FOR SEVERABILITY: FURTHER, PROVIDING FOR AN EFFEC- TIVE DATE. Exhibit A Land Description THE EAST 125 FEET OF THE WEST 625 FEET OF THE NORTH 212 FEET OF THE SOUTH 412 FEET OF THE FOLLOWING DESCRIBED PAR. CEL: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 8, IN SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF 'NEWMAN S SURVEY', RECORDED IN PLAT BOOK 2, PAGE 26, OF THE PUBLIC RECORDS OF MIAMUDADE COUNTY, FLORIDA; THENCE, RUN NORTHERLY ALONG THE EAST LINE OF SAID TRACT 8JO THE SOUTHEAST CORNER OF SUBDIVISION OF'BROWARD GARDENS'AS RECORDED IN PLAT BOOK-21, PAGE 48, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE, RUN WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION 1132 FEET; THENCE, RUN SOUTH PARALLEL TO THE WEST DIXIE HIGHWAY (ALSO CALLED STATE ROAD NO. 7) TO THE SOUTH LINE OF TRACT, 7 IN SAID SECTION 36; THENCE, RUN EAST ALONG THE SOUTH LINE OF TRACTS 7 AND 8 TO THE POINT OF BEGINNING. SAID LANDS BEING LOCATED IN BROWARD, COUNTY FLORIDA. Copies of the proposed petition are available for view- ing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida be- tween the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties rnay appear at the public hearing and be heard with respect to the proposed petition. in accordance with the Americans With Disabilitiesi Act, persons needing assistance to participate in any� of these proceedings should contact Miriam Nasser, Acting City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3624, 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 proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham, Plannitig Associate March 12, 2004 -3'� \ �2- \ 06�- BRAUSER ACADEMY I SW 56TH