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HomeMy WebLinkAboutO-2004-007 Sheldon plat -Habitat for HumanityORDINANCE NO. 2004- 007 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "SHELDON PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON SW 45 TH STREET BETWEEN RAVENSWOOD ROAD AND SW 24 TH 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 THE "SHELDON 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 the "Sheldon Plat" (PL-57-03), an Ordinance of the City Of Dania Beach, Florida, approving the "Sheldon Plat", such property being generally located on SW 45 th Street between Ravenswood Road and SW 24 th 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) City Commission must accept the submitted appraisal dated December 29, 2003. 2) Payment of $21,600.00 (prior to. building permit) for payment of park impact fees. City Commission to approve apprais al. 3) Change signature title for Planning and Zoning Advisory Board to "Chairperson". 4) Survey to be revised to reflect all encumbrances of record. 5) Plat and Homeowners' Association documents to include language disclosing proximity of project to south runway and potential over -flight noise levels of south runway expansion. 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. ORDINANCE NO. 2004-007 Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat of the "Sheldon 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 That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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. PASSED and ADOPTED on first reading on the 8 th day of December, 2003. PASSED and ADOPTED on second and final reading on the 23 rd day of March, 2004. ATTEST: MIRIA'M NASSER ACTING CITY CLERK ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TJIFO ND CORRECTNESS: BY:- THWA�S j-/A-NM'1RO CITY ATTORNEY 0 ORDINANCE NO. 2004-007 is 0 EXHIBIT "A" LEGAL DESCRIPTION TRACT 15 LESS THE NORTH 25 AND LESS THE SOUTH 781 FEET THEREOF, BLOCK 4 OF "MARSHALL EVERGLADES LAND COMPANY PLAT OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID LAND SITUATE LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 177,178 SQUARE FEET OR 4.0674 ACRES MORE OR LESS. ORDINANCE NO. 2004-007 M M 0 M City of Dania Beach,, Florida Growth Management Department Planning and Zoning Division (954) 924-3643 Plat Development Application Variance Special Exception Site Plan Rezoning Land Use Change Assignment of Flax/Reserve Units Vacation Request Date Recd: JL3L05 Petition No.: FL-6-7-03 This application must be completed in full and submitted along wft all necessary documents for It to be . THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSIomS 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 IndMdual 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: SW 45th St between Ravenswood Rd and SW 24th Ave Lot(s): NA Block: NA Subdivision: NA Recorded Plat Name: NA Folio Number(s): 5042 29 01 1540 and Legal Description: See attached Exhibit "All 5042 29 01 1550 Present Zoning: R-1C Present Land Use: L-5 Explanation of Request: To subdivide the property for a single family residential development to be constructed by b4tat For bb—aLtle oz nrowar:d. Tlarq- Prop. Net Acreage: 4.0674 Gross Acreage: 4.0674 Prop. Square Footage: 117,153 Value of Improvement: Will Project be Phased: No Existing Use: Vacant NA MR E-sud Dare or Completion: If yes, Esed Completion of each Phase: MA Proposed Use: Name of Appllcant(Q�A�RePresentative (drde one): Single Family Residential Daniel A. Fee,P.E. (a Address of Applicant: CDI Engineering & Planning, 320 W. Davie Blvd, Ft Lauderdale 33315 Business Telephone: (954)524-9800 Home: NA Fax: (954)522-6502 0 0 Updated 3/14/03 Name of Property Owner: Address of Property Owner: Business Telephone: Robert H. Mieldon, Trustee 4798 SW 23rd Terr, Ft Lauderdale, FL 33312 Home: Fax: Ust any additional action (i.e. special exception, variance, rezoning, etc.) that may be needed to support the proposed project: NA NA List all previous action that has occurred on this property: NOTE: ALL SIGNATURES MUST 13E NOTERIZED BY ORDERED OF DANIA BEACH CITY COMMISSION. Sworn to and subscribed before me This-?q4k day of 014reA 2005 LIL' 4-1 Sign Name of ffotary Public State of ,L %Prno- ZL&bn^ Print Name of Notary Commission seal: F93 14Y COMMOM 0 CC 994101 EVM Mu* 25,2006 Applican ns "�tive: Signaturel: _ Date: 31Z40-S Daniel A. Fee, P.E. (Print Name) 320 W. Davie Blvd. Ft Lauderdale, FL 33315 Street Address, City, State and Zip Code (954) 524-9800 Fax (954) 522-6502 Telephone No. & Fax No. WHEN PETITIONER IS NOT THE OWNER OF THE SU93ECT 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/Representafdve) Dahiel A. Fee, P.F,,n to make an application. go filethe aforesaid Zov"/ Tzmk sworn a d subscribpd before me n' Thhis s Wday of g/Q 01 20P-3 Sign Name of Notary Public Stataof(�Pl ddlQ--) (I ea (0 1 ---r aw-� Print Name of Notary Commission Seal: Robert H. Sheldon, Trustee (Print Name) 4798 SW 23rd Terr Ft Lauderdale, FL 33312 Street Address, City, State and Zip Code CAROL TAMBURRY My Comm EXP. 4/10/04 No. CC 926224 IIP---VK--, JJ0*wJ.Q No. & Fax No. I Exhibit ,A" :3 09 0 LeGGI Description Tract 15 less the North 25 and less the South 781 feet thereof, Block 4 of the subdivision of Section 29, Township 50 South, Range 42 East, according to the Plat thereof GS recorded in Plat Book 2, Page 52 of the public records of Dade County, Florida. Said land situate lying and being in Browcrd County, Floridc, and containing 177,178 square feet or 4.0674 ccres more or less. "�"Xvea: 1/ 8/04 14:53; Jan 08 04 02:52p 9543963050 -:-- C01; Page 2 Habitat for Humanit�j 9543963050 p. 2 /_'I" 0 June 3, 2002 Mr. Stephan Sharron Habitat for Humanity of Broward Inc. 3564 N. Ocean Boulevard Ft. Lauderdale, Florida 33308 Re: Sheldon Property SW 45h Street Dania Beach, Florida Dear Mr. Sharron, Per your request, we have done a prtliminary re,. iew and analysis of the pro erty located on tile south side of Southwest 45A Street between Ravenswood Road and Southwest 249 Avenue in Dania Beach, Florida. The property consists ol'approximately 4.06 acres and is not platted. The property is currently vacant with no interior roadways )r infrastructur� improvements. The location of the property is within an area that would be impacted iftbe county dec des to expand tb:.- Ft. Lauderdale/Hollywood InternaLional Airport, The count*1 has considered expanding the &;)uthem runway to allow for larger airplanes to utilize this runway. t. 'urrently, the county is preparing a study that should take approximately two years to comr, ete. This stud,, will consider whether the expansion is necessary and what the other options are other tI ian expanding i lie southern runway. The purpose of this preliminary z; ialysis is to esi. Ynate the Fee Sir iple Market Value of the property. This property is being considered for acquisition by the Habitat for Humanity in order to subdivide the property and build single-family i esidences on ti; c individual lots. The scope of this analysis includi!d the collection.. confirmation and reporting of data concerning cuiTent market trends. The analysis and i)pinions in this IeEter report are ! ubject to revision upon a full appraisal of the property. This letter is beii:g prepared in o:,):der to detcrminc whether or not it is justified to conduct a full appxaisal of the pri.,perty. The subiect property was inspected on May 3 1, 2002. Based on our review, the highest uid best use is for subdivision oFthe property into the maximum number of units available under the current zoning. The property is currently zoned RS-6000. Development of the property wiU a new single-Irimily residence would be allowed with a minimum width of sixty feet and plot area (if 6,000 square Feet. Based upon tile size of the property and the current zoning, the property coul., be subdividedinto a total ofeil!.htoen lots. Any additional amount of lots would require a variance fror i the existing 2 ming regulations. 0 mece3.ved: 1/ 8/04 14:54; Jan OB 04 02:52p 95439E33060' -> COI; Page 3 Habitat for Humanit�j 9543963050 P. 3 0 11 is June 3, 2002 Mr. Stephan Sharron Page 2 A search was made for land sales Ehat had simila- locational characteristics with a similar highest and best use. We bave searched for similar sizt:d property, with the same highest and best use that had enough similarities to make a meiningful comparison'to the subject property. We were unable to find any comparable sales. Therefore, we have consiiWed individual I ot sales. After we have estimated the individual lot value for each of tbj!. 18 lots, we w. U total the lot va�lues in order to estimate the gross va,lue of the property pni or to any _-xpenses. Fror n this gTOSS value. we will deduct any necessary expenses including platting. infra!uucture and any appropriate discounts for bulk value or for the time required to sell off all 18 16 ts. Aj,.':er deducting a) I the appropriate expenses, the net value will be considered as an indicator of the market value for the subject property. This analysis is sometimes referr, d to as the Subt.5vision Analysi%. Approach. This analysis contains elements from both the Income Approach to VaJ-jc and the Sales (' amparison Approach to Value. Current Owner of Record 50-42-29-01-1550 50-:!2-29-01-15 Robert H. Sheldon Fav arato Marie Trus: 4798 SW 23d Terrace 17' 20 SW I I& Ternice Apartment D Da:vie, Florida 3332i� FL Lauderdale, Florida 33312 There have been no arm's-length transfers of the: - roperty within the five years prior to the date of sale. .P Legal Description The south 126 feet of the north 514.4 feet and th! nortb 438.41 fo�t less the north 25 feet for ROW, Lot 15, MARSHAUS EVERGLADF SUBDIVISK)N, as recorded in Official Records Book 2 Page 32 of the Public Records of Broward C)unty, Florida. Current Tax and Assessment U eta Tax Authority: Broward ('ounty Parcel Number: 50.42-29-01-1550 50-4^A -29-01- 1540 Total Assessment: $3!,000 (2001) $124,800 (2001) Taxes: $4:4.66 (2001) $3,102.46 (2001) Effective Date of Value: Mi y 31, 2002 --vou: I/ d/U4 14:54; 954b963050 -> COI; Page 4 Jan 08 04 02:52p Habitat for Humanitd 9543963050 p.4 June 3, 2002 W Stephan Sharron Page 3 Definition of Value Market Value, as defined by the Office of Comp Lrollcr and withir, the Uniform Standards of Professional Practice as promulgated by the A. )praisal Standa rds Board of the �ALppraisal Foundation, is: The most probable priccwhich a propert:t should bring in a competitive and open market under all conditions requisite to a fair sale, the I)uyer and seller each acting prudently and knowledgeably, and assuming the price i!, no( affected by un-due stimulus. Implicit in this definition is the consumm ition of a sale.; o; of a specified clare and passing of title from seller to buyer under conditions whereby: Buyer and Seller aj e tYPic2llY mol ivated; 2. Both parties are will Informed or ;iell advised, and each acting in what he considers his own best interest; 3. A reasonable tixne 5 allowed for ex.;posure in the orlen market, 4. Payment is made ir terms of cash a United States E)ollars or in terms of a financial arrangement COmpirable thereto; Ind 5. The price represew; the normal ccinsideration for tte property sold unaffected by special or creative fixiancing or sales conci:ssions granted by anyone associated with the sale. is Received: 1/ 8/04 14:54; Jan 08 04 02:53p 9543963050 -- CDI; Page 5 Habitat for Humanit�j 9543963050 P - 5 0 June 3. 2002 Mr. Stephan Sharron Page 4 Subdivision Analysis In valuing the subject property, wi �. have conside.i ed the individual lot values toward the high of the range of the comparables on a wb)le-to-whole hiw!iis. We have ca..-Isidered over 15 current sales of individual lots within the neighba -huod and surmunding compelitkve market. These sales ranged from S15,000to$25,000perlot. Curri!nt asking price.; in the neigbborhood and surrounding competitive market range between $23,900 an I S30,000. We have considered the sketch of a potential layout of the 181ols. After considering adjustij ients for time a rid size, we have estimated the retail value of these lots at $30,000. The gross value for t,i c total propertil, prior to deductions for demolition, platting. infmtructure and any appropriato discounts for 1: ulk value or for the time required to sell off all 18 lots is $540,000 (18 Lots X $30,000,1 Lot = $540,0('()). Now that we have estimated the fidividual retail lot value for eack of the 18 lots, we will deduct any applicable expenses. From this gioss value we v. ill need to deduct any necessary expenses including platting, infrastructure and any apiropriate discoonts for bulk value or for the time required to sell off all 18 lots. After deducting all the al:propriate expeases, the net value will be considered as an indicator of the market value for the subject pi operty. The first expense we will considev is the platting expense. We ha,-,e contacted Leigb Kerr, of Leigh Kerr and Associates, Inc., a land use p), inner. Mr. Keu- indicated that the total cost of platting would be is approximately $25,000. This inc.1 ides a planner's fee of $4,000, a. survey fee of $14,000 a county fee of $1,500, transit fees and city fees a rid othcr misce: I aneous fees. Th is does not include impact fees that would be paid at the time the buili ting permit is 1: ulled for each ini:Uvidual unit. Infrastructure costs include the cost to build the streer with a cul-de-sac, water lines and other miscellaneous items. We have consulted the Marshall Valu;ition Service cost estimating guide. Based upon this guide, we have estimated the infrastructure costs; it $50,000. Tbt only remaining-c-xpense is the bulk value discount to a single developer and/or the preser t value factor (: 1: the sell off of the lots over time. Given that there am 18 lots, it is our opinion that the ii-A off can be accomplished in under a year. Therefore, there should be no discount for the present value I actor of the sel. I off over time. However, a developer would normally look for some discount for the put chase or alternatively the owner would look for sorm entrepreneurial incentive to undertake the develo-: ment process. Therefore, we have considered a 15% discount for a developer or entrepreneurial incer tive to the owt: er. This 15% dis-count is applied to the gross value of the lots prior to any expenses. Gi-!cn the gross v;due of the lots is $540,000, this discount equates to $81,000. Theiefore, the total expi.nses are $156,�)OO. This indicates the following net value for the total propexty, after deductions for any ipplicable expt:wises: Total Gross Valui of the Lots $540,000 Platting Expense $25,000 Infrastructure Cii its $50.09 Entrepreneurial If acentive $81,000 Total Expenses ($156,000) Indicated Net Vail ae of the Subjo ct Property $384,000 40 Recalved: 1/ 8/04 14:55; 9543963050 -> CD1; Page 5 Jan 08 04 02:53p Habitat for Humanit�j 95439G3050 P.6 0 June 3, 2002 Mr. Stephan Sharron Page 5 RECONCILIATION In consideration of the review of 1.ic Subdivision Analysis, it is our opinion that the Market Value of the subject property as of May 31, 2002 is $384,4*00. If we can be of any help or if any .,, dditional detai,'!; are required, please do not hesitate to contact the undersigned. Respectfully submitted, Harry C. Newstreet State Certified General Real Estato Appraiser # D(W)2278 I] 0 FUND TITLE CERTIFICATE E 0 An examined search for the issuance of title insurance underwritten by Attorneys' Title Insurance Fund, Ina FundFUeNumber.- 10-2003-3323 Provided For. Broward County, Florida Agent's File Reference: Habitat/Dania Beach Effective Date ofSearch: February 18, 2003 at 11: 00 P.M. Description of Real Property to be Insured situated in Broward County, Florida. Tract 15 less the North 25 feet and less the South 781 feet ther0f, Block 4, of the Subdivision Section 29, Township 50 South, Range 42 East, according to the Plat thereof as recorded in Plat Book 2, Page 32, Public Records of Miami-Dide County, Florida; said lands situate, lying and being in Broward County, Florida. Record Title Vested in: Robert H. Sheldon, as Trustee of the Edna Beatrice Sheldon Romzek Revocable Living Ti�ust by Quit-Claiin Deed Recorded in: O.R. Book 26899, Page 897. This certiflicate is issued exciusivelyfor the writing of a title insurance commitment andlorpolicy on Attorneys'Title Insurance Fund, Inc. No liability is assumed if usedfor any otherpurpose. Liability for this cerdficate expires six (6) monthsfrom date of issue if no commitment orpolicy has by then been issued b one of the aforementioned companies. Y Signed this 6th day of March, 2003. Attorneys' Title Insurance Fund, Inc. Prepared by: TQ Typist. cm Authorized Signature: Page 1 of 3 Rev.1.2 FUND TITLE CERTIFICATE FundFileNumber. 10-2003-3323 0 EXCEPTIONS 1. Taxesfor the year of the effective date of this policy and taxes or special assessments which are not shown as existing liens by the public records. is 2. Rights or claims ofparties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of thepremises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafterfiurnished, imposed by law and not shown by the public records. (Unless satisfactory evidence is presented to The Fund member agent eliminating the needfor exceptions one through five, said exceptions should be made apart of any Fund commitment orflnalpolicy.) 6. Federal liens andjudgment liens, if any, filed with the Florida Department of State pursuant to Sea 713.901, et seq., F.S., and Sea 55.201, et seq., F.S., respectively, which designate the f7orida Department of State as the place for flling federal liens and judgment liens against personal property. For insuringpurposes: (a) Pursuant to Sea 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate, and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless o the type of entity holding such interests, including individuals. Eote: Mortgages have f been specifically excluded ftom the personal property interests in which a judgment lien may be acquired under the provisions ofSea 55.201, et seq., F.S.) 7. Any lien provided by County Ordinance or by Chapter IS9, Florida Statutes, in favor of any city, town, village orport authority, for unpaid service chargesfor services by any water systems, sewer systems or gas systems serving the land described herein; and any lien for waste fees infavor of any county or municipality. 8. There are no Mortgages, Liens or other encumbrances on this property. 9. The Sole Purpose and use of this Certificate is for Platting purposes only. No Liability is assumed if used for any other purpose. Unless stated otherwise, the property described herein has legal access. Page 2 of 3 FUND TITLE CERTIFICATE 0 FundFileNumber: 10-2003-3323 Proposed PurchaserlMortgagor. N/A A 20-year name search was performed on the proposedpurchaserlmortgagorfor unsadsfiedjudgments and tax liens (state andjederal and other liensfor the recovery of money) andpersonal names were checkedfor unrestored incompetency andfor guardianship proceedings, ALL OF WHICH RESULTED 17V TBE FOLLOW[NG. None. The status of corporations and limitedpartnerships has not been verified with any applicable governmental agencies or other authorities. This certificate does not cover unpaid municipal taxes and other assessments unless they are recorded in the Official Records Book of the county, nor does it cover matters jUed in the Federal District Courts of Horida EXCEPT FOR BANKR UPTCYPROCEEDINGSjuedprior to October 7,1984, when the property lies in either DADE, DUVAL, MLLSBOROUGM, LEON OR ORANGE COUNTY. See the attached Tax Sheetfor current and delinquent (if any) ad valorem tax information. In orderfor the title to be insured by The Fund, it must be examined between the effective date of this certificate and the recording date(s) of the instrument(s) on which thepolicy is based If this product is used in any RESPA-regulated transaction, the title insurance agent is required to remit 100% of the riskpremium promulgated by the.F7orida Department of Insurance. Page 3 of 3 SHELD014 PLAT: PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval subject to the following.- before ------------ City signatures are placed on the 1) City Commission must accept the submitted appraisal dated December 29, 2) Payment of $21,600.00 (prior to building permit) for payment of park impact fees. City Commission to approve appraisal. 3) Change signature title for Planning and If Zoning Advisory Board to "Chairperson. 4) Survey to be revised to reflect all encumbrances of record. 5) Plat and HOA documents to include language disclosing proximity of project to south runway and potential over -flight noise levels of south runway expansion. 1�1 0 0 0 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH23,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — PL-57-03 / SHELDON PLAT (2 ND READING) 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2 N' READING Z 4. SUMMARY EXPLANATION & BACKGROUND: Preliminary plat approval request by Dan Fee of CDI Engineering & Planning, representing Habitat Humanity for a preliminary plat for property located on SW 45 th Street between Ravenswood Road and SW 24 th Avenue. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Plat Application Copy of the appraisal for the property Copy of the title certificate Public Hearing Notice Location Map Plat 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 August 20, 2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager Date March 15, 2004 Date CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT March 23, 2004 Ivan Pato, City Manager Laurence Leeds, AICP, Director Corinne Church, AICP, Principal Planner Cd W- SUBJECT: PL-57-03: The applicant, Daniel A. FeeF P.E.r representing Habitat for Humanity, is requesting plat approval for the construction of 18 single family homes located on the south side of SW 45th Street between Ravenswood Road and SW 24th Avenue (SECOND READING). The applicant is requesting approval of a perimeter plat. The subject property is currently vacant. The proposed plat shows 18 single family lots on a cul-de- sac street south of SW 45t" Street. A lift station site is shown in the northeast corner of the subdivision abutting SW 45th Street. Based on discussions with the applicant's representatives, the homes will be approximately 1,100 - 1200 square feet under air. No garages or carports will be provided. Each home requires two (2) parking spaces. ZONING AND LAND USE PLAN COMPLIANCE The property is located in a single family (Rl-C) zoning district and has a land use designation of Low 5 Residential. The current zoning designation (in effect since the 1970's) allows 21 single family homes on 6,000 square foot lots. Minimum home size in RI-C is 600 square feet. The plat indicates 18 single family homes. The lots vary from 6,600 square feet to 11 ' 800 square feet and the minimum home size exceeds 1,000 square feet. As such, the plat complies with current zoning requirements. The applicant will have to modify the driveway configuration so driveways do not exceed thirty (30) percent of the lot frontage. This issue is addressed at time of building permit review. PERIMETER PLAT The City of Dania Beach, as part of its plat review, requires a person platting land for residential purposes to dedicate public land for parks to meet the needs created by their development. The fee shall be based upon the formula identified in Chapter 19 (Article IV) of the City Code. Where such dedication is determined by the City not to be feasible because the size of the land to be platted is less than 10 acres, the developer shall in lieu thereof pay to the City a park impact fee. The amount of such fee to be 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 a fair market value of the property, or the Commission may require the developer to provide an appraisal prepared by a licensed real estate appraiser. In this instance, the formula requires the applicant to dedicate 0.162 acres of public open space, which is equal to 4% of the parcel area or 7,000 square feet. The City Commission has the option to accept the land dedication or payment based on fair market value of the land to be dedicated. The Community Development and Parks and Recreation Director recommend the applicant pay a local park impact fee based on the .162 acre park dedication. Although 7,000 square feet is enough area for a tot lot, the Parks and Recreation Director does not support the creation of a tot lot for the following reasons: 1) Due to the small parcel size (7,000 square feet) the tot lot would not be supervised by City staff. 2) There will be no way to secure the site after hours. Local park impact fees may be used to purchase new park land or for capital expenses at existing parks. The appraisal provided by the applicant indicates the 4.06 acres site is valued at $540,000. Therefore, $21,600 (equal to 4% of the property value) is the park impact fee due in lieu of land dedication. The park impact fee shall be paid prior to issuance of gny construction permits. The city attorney has previously indicated that impact fees cannot be waived. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Approval subject to the following, before any City signatures are placed on the plat: 1) City Commission must accept the submitted appraisal dated December 29, 2003. 2) Payment of $21,600.00 for payment of park impact fees. 3) Change signature title for Planning and Zoning Advisory Board to 'Chairperson'. 4) Survey to be revised to reflect all encumbrances of record. NOTICE, OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach city commissionon Tuesday, March, 23, 2004 at 7iOO P.M., or as soon thereafter as possible, In the City Commission Room, - Administrative Center�, 100 West Dania, Beach Blvd., 'Dania Beach�,i Florida 33004, for the pur., �posetsol hearing an, com-1 In. hic mg h ht be made to the fol lowing re- qu&§ts:. �PL-57-03 Request by Dan- iel A. Fee, P.E., represend ing Habitat for HuMA'fiity,1 requesting, plat approval for the, construction of 18 single family homes local-, I ed on the south side of SW' 45th St. between Ravens- wood Road and SW 24th Avenue.(Second & Final Reading). AN ORDINANCE OF THE CITY OF.DANIA, FLORIDA, APPROVING. , � - ' THE 'SHELDON PLAT', SUCH PROPERTY BEING GENER- ALLY LOCATED ON SW ;45TH STREET BETWEEN, RAVENSWOOD ROA6 AND 'rSW 24TH AVENUE, -IN THE 'CITY OF. DANIA BEACH IAND LEGALLY DESCRIBED �IN EXHIBIT'A', A COPY OF �WHICH IS ATTACHED TO � THIS ORDINANCE: AC- 'CEPTING THE DEDICATION OFR- PUBLIC USE OF ALL STREETS; HIGHWAYS AND !,ALLEYS AS' SHOWN ON !SUCH PLAT OF THE FSHELDON PLAT'; PROVID-, ING FOR SEVERABILiTY;: URTHER, PROVIDING FOR !AN EFFECTIVE DATE. IiExhibit A Land Descrip- tion TRACT 15 LESS THE NORTH 25 AND LESS THE SOUTH 781 FEET THERE- OF, BLOCK 4 OF, 'MARSHALL EVERGLADES LAND COMPANY' PLAT OF SECTON 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLATI THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32 OF [HE PUBLIC RECORDS OF1 DADE COUNTY, FLORIDA.' SAID LAND SITUATE LYING AND BEING IN THE CITY OF DANIA EtACH, BROWARD COUNTY, FLORIDA- AND CONTAINING 177,178 SQUARE FEET OR 4.0674 ACRES MORE OR LESS. 3 � \ P k C-) '(-Y IS\ie-000 Copies of the proposed 1petition ire available for I viewing in the Department ,of Community Develop- ment 100 West' Dania Beach B:vd- Dania Beach, Florida betv;een the hours of 8:00 a.m. and 4:00 Pl..M,, I Monday - Friday. 1q.terestil ad parties may appear a I the public hearin&and bel heard with respect to the, proposed Oetition-i in accordance with the Arrieftaris With Disabili- ties AC , t, persons needing assistance to participate in any of these proceed- ings should contact Miri- !,am Nasser, Acting City 'Clerk, 100 W. Dania Beach !Blvd, Dania Beach, FIL 133004, and (954) 924- ,3624, at least 48 hours !prior to meeting. Any per on who decides to ppe� a "it any decision made by the City Corr,-is- sion with iegard' to any matter considered at this meeting or nearing will need a record of the pro- ceedings and for such pur- pose may reed to ensure that a verbatim record of the proceedings is made, which record inciudes the testimonY and evidence upon which the )ppeal is to based. LOU Ann Cunningham Planning ASSOCiMP March 12, 2004