October 19, Mr. Jaye Epstein, Planning Director, City of Hollywood 2600 Hollywood Boulevard Room 315 Hollywood, FL 33021

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1 Stuart R. Michelson Ilene L. Michelson Uenemichelson({l)aol.com Of Counsel Jason H. Coffman LAW OFFICE OF STUART R. MICHELSON 800 SOUTHEAST THIRD A VENUE FOURTH FLOOR FORT LAUDERDALE, FLORIDA DADE BROWARD TOLL FREE FACSIMILE Smichelson@Smichelsonlaw.com Mr. Jaye Epstein, Planning Director, City of Hollywood 2600 Hollywood Boulevard Room 315 Hollywood, FL October 19, 2015 RE: Cover sheet for application for TAC review at the October 19, 2015 meeting and approval of a mixed use building, application for variances and application for allocation of flexibility units for 1005 East Dania Beach Boulevard, Hollywood a/k/a Ocean Park View Our file number: 2537 Dear Mr. Epstein, Please consider this letter an application for preliminary review by the Technical Advisory Committee, (hereinafter "TAC"), at its November 2, 2015 TAC meeting for approval for a mixed use building, application for variances for building height, number of stories, and density and request for allocation of flexibility units for the property located at 1005 East Dania Beach Boulevard, Hollywood, (hereinafter the "Property"), which is owned by 1005 BLVD INC. The development is named Ocean View Park. The Property is located within the City of Hollywood and is the sole property with development rights in the City of Hollywood located west of the Intracoastal and on East Dania Beach Boulevard. The Property is just east of the boundary for the City of Dania Beach and its downtown Regional Activity Center (hereinafter "RAC") on the north side of East Dania Beach Boulevard. The Property is physically closer to existing and approved proposed developments in Dania Beach than to similar developments in the City of Hollywood. Thus, for compatibility purposes, one should review this development proposal with the area to the west of the Property's western boundary. The gross square footage of the Property is 24,172 square feet or slightly larger than.55 of an acre. The Property is zoned C-2, which expressly permits mixed use developments provided tl1at there are apartments on the second floor and above and that apartments cannot exceed fifty percent (50%) of the total floor area of the

2 building. (emphasis added). Applying the plain language in the code to the proposed development, the apartments are located above the first floor. The total floor area of the building is 119,961 square feet while the apartments equal a total of 52,656 square feet, which is less than fifty percent (50%) of the total floor area of the building. The City's Land Development Regulations, (hereinafter "LOR"), do not define residential area. However the City's code states that "... Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage." The normal meaning and customary usage of residential according to real estate law is '.'A residential area is a land use in which housing predominates, as opposed to industrial and commercial areas. Housing may vary significantly between, and through, residential areas. These include single-family housing, multi-family residential, or mobile homes." (emphasis added). Webster's dictionary defines residential as containing mostly homes instead of stores, businesses, etc. ; used as a place to live... " (emphasis added). People live in the apartments, which in this development proposal amounts to less than fifty percent (50%) of the total floor area of the building. People don't live in parking spaces. Thus, parking spaces are part of the rest of the building area that is not an apartment. The remaining building area which is not an apartment in its totality exceeds fifty percent (50%) of the total floor area of the building as per the C- 2 code requirements. The following documents are transmitted herewith: 1. Letter of Transmittal 2. General Application 3. Letter of Authorization 4. Location Map 5. Elevation 6. Ownership and Encumbrance report 7. Title Policy 8. Elevation certificate 9. Survey Site Plan 10. Site Plan 11. Flex zone map and availability calculations page 1 pages 2-3 page4 page 5 page 6 pages 7-11 pages pages pages pages page Water and sewer lines are located close to the western boundary of the Property in the City of Dania Beach. The applicant is proposing that water and sewer services be provided by the City of Dania Beach. Please consider this transmittal letter as a request for an allocation of 23 flex units to the Property. The developer is requesting the allocation of 23 flex units to the Property in order to construct a total of thirty-three (33) apartments. Section 3.19.C.2 of the City's LOR provides that "An application for Flexibility Units shall be processed as an amendment to the Future Land Use Element of the Comprehensive Plan." The County has repealed the requirement that flexibility requests be processed as amendments to the Future Land Use Element of the Comp Plan. Instead, the County allows approval of the allocation of flexibility units by the municipal government by other official action. 2

3 The Property is located in flex zone 85. There are a total of 66 units available in the AFU pool. (See pages 28-29) The developer's proposal of a total of thirty-three (33) apartments only requires an additional 23 flex units. The AFU pool has a more than sufficient number of units available for the development being proposed for the Property. As luxury residential is proposed, the impact to public schools would be minimal. The proposed development would be consistent with the City's Comprehensive Plan, not contribute to a condition of public hazard or exacerbate any existing condition of public facility capacity deficits. It is proposed the utilities be provided by the City of Dania Beach, which the applicant has been advised has capacity for the project. The current LOS on East Dan ia Beach Boulevard is operating at level C, meaning the road is at approximately 50% of capacity and can accommodate additional traffic at the subject location. Please also consider this letter as an application for variances in the height of the proposed building, the number of stories and the density. The Property is located just east of both the City of Dania Beach boundary and its downtown CRA. As explained herein above, the compatibility of the proposed development for the Property should be reviewed consistent with existing and approved proposed developments in Dania Beach due to the Property's close proximity to the Dania Beach downtown CRA. The City's current density for the Property is eighteen (18) units per acre, with a height limitation of 60' and 5 stories. This is significantly inconsistent with the properties located just due west of Property in Dania Beach. Several properties within the Dania Beach CRA have already been approved for construction, with heights of stories and a density of 100 units to the acre. Additionally, east of the Intracoastal, the City of Hollywood has an existing development of 20 stories ("Renaissance") and has approved a development of 17 stories ("Oceanbleau"). The Property is sandwiched in between these two groups of developments. The City's current limitation on the density, number of stories and height requirements would resu lt in a development of the Property that would be dwarfed by the properties already developed or approved for development east and west of the subject parcel. (See location map, page 5). Any development constructed consistent with the current code will look grossly disproportionate to these existing developments and those developments approved for construction in either Dania Beach or Hollywood. This disproportionality with the surrounding properties would adversely impact the ability to market any such miniscule development for either residential or commercial occupants. The 14 story, 33 apartment building proposed is more consistent with those existing developments and those developments approved for construction in either Dania Beach or Hollywood as follows: a. The reque!:;ted Variance maintains the basic intent and purpose of the subject regulations,, particularly as it affects the stability and appearance of the city. As outlined herein, the existing development east and west of the Property varies between stories. A 5 story building in the middle of this area on East Dania Beach Boulevard would stick out as disproportionate with the surrounding existing and proposed development and would look infinitesimal by comparison. A 14 story building 3

4 is of lesser height than the already existing and approved development in the subject area. A 14 story building would look much more consistent with the existing and approved proposed development in the subject area it than a 5 story building would be. Additionally, the number of units per acre just west of the Property is up to 100 units per acre. The reque~st for 33 residential units is more consistent with the density of the existing and approved development west of the Property which is in close proximity to the Property. The proposed development meets the basic intent and purposes of the subject regulations. The City's code allows for residential at less than 50% of the total square footage of the proposed building. In order to be compatible and viable with the surrounding existing and approved proposed developments, the project must be of similar height, stories and density with those surrounding properties. The proposed height for this project is a few feet shorter than the height of the surrounding developed residential properties and those residential properties approved for development. The number of stories for this project is a few stories less than the number of stories of the surrounding existing devhioped residential properties and those residential properties approved for development. The proposed density of 33 units is similar to the density of the surrounding existing developed residential properties and those residential properties approved for development at 50 to 100 units to the acre. The requested variances are the minimum required for consistency with the surrounding existing devhioped properties and those properties approved for development. b. That the requested Variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community. Currently, the Property is zoned C-2. Previously, there was a gas station located on the Property. The proposed use as a mixed use development is less intense than the prior use of the Property as well as the majority of other permitted uses on the Property, which include assembly of pre-manufactured parts for sale on the premises, new automotive sales, consignment shops, pain clinics, hotels/motels, houses of worship, substance abuse and rehabilitation centers and adult educational facilities. A large number of these permitted uses would be more detrimental to the conservation areas in proximity to the Property whereas a mixed use development would be. A large number of the permitted uses would be generally incompatible with the existing development and the approved proposed development for residential uses east and west of East Dania Beach Boulevard. A mixed use residential development is also more compatible with the existing development and those properties approved for development. Additionally, the proposed mixed use deve~iopment proposed for the Property has less impact on the conservation lands in close proximity to the Property than the previous use as a gas station or a number of the~ permitted uses in C-2 zoning outlined herein. 4

5 The proposed variances would not be detrimental to the community. The proposed variances are lt3ss than the height, number of stories and number of units of the existing developments or the approved proposed developments in the subject area. Because the number of units per acre just west of the Property is up to 100 units per acre, this request for 33 units is more consistent with the existing and approved development west of the Property. Because the existing and approved proposed development along East Dania Beach Boulevard is stories in height, the requested variance of 14 stories is much more consistent with the area than a 5 story building. A 5 story building would be dwarfed by the surrounding development, making it impossible to develop in a manner that would be compatible with the surrounding development or economically viable. c. That the requested Variance is consistent with and in furthera nce of the Goals, Objectives and Policies of the adopted Comprehensive Plan, as amended from time to time, the applicable Neighborhood Plan and all other similar plans adopted by the city. The Property appears to be in Sub-Area 5, Port Everglades. The requested variances are consistent with the following Goals, Objectives and Policies of the City's Comprehensive Plan: Policy CW 8 - Address the cumulative effect of years of nonconforming and grandfathered properties through future land use map amendments and official zoning map amendments. The zoning and land use of the Property was grandfathered at the time the County purchased various other parcels for conservation use. No future land use map amendment or zoning change would be necessary for the development of the Property as a mixed use development. Policy CW.9: Eliminate significant inconsistencies between zoning districts and land use designations City-Wide. As explained herein, the ~existing and approved proposed developments east and west of the Property have a sinnificantly higher density, number of stories and height. The proposed development would be more consistent with these other properties than the current height restriction, number of stories and number of permitted residential units. Policy CW.15: Place a priority on protecting, preserving and enhancing residential neighborhoods. The proposed development would add luxury multiple -family residential units to the city's current residential inventory. Due to the development in the downtown CRA in Dania Beach, luxury residential units would be desirable. Luxury residential apartments are better for the City's ad valorem base. 5

6 Policy CW.17: EncouragH the creation of mixed-use and/or special-use districts to address areas of special concern. The development proposed is consistent with this policy as it is a mixed use development. It would address the surrounding area of concern in that it is a less impactful use of the Property than the other uses permitted in C-2 zoning and the prior use as a gas station. Additionally, luxury residential apartments would have a lesser impact on the conservation land in close proximity to the Property than Town homes or a 5 story building as parking for the proposed development would be enclosed in a garage versus on an open driveway or in a street level open parking lot. Policy CW.44: Foster economic development through creative land use, zoning and development regulations, City services and City policies. The proposed developmemt is estimated to have a fair market value of $15 million dollars. This would add significant additional revenue to the City's tax base and fosters economic development. It is estimated that the development of the Property as proposed would add an additional $111, to the City's ad valorem revenues as outlined below. Policy CW.45: Protect/preserve the integrity of the City's boundaries, with emphasis on those lands within Port Everglades and Port 95 Commerce Park The Property appears to be located in Sub-Area 5, Port Everglades. It is located close to the city's boundary witl1 the City of Dania Beach. The proposed mixed use development helps preserve the City's boundary. Policy CW.82: Inventory vacant land and determine the potential for additional residential development, where appropriate. Currently, the Property is vacant land, with little to no vegetation on it. It is suitable for a mixed use, multi-family re~s i dential development as that is the least impactful use of the permitted uses in C-2 zoning. Sub-Area 5.5 Policy: Support and promote projects that will increase fees or revenues to the City of Hollywood from Port Everglades. The proposed developmemt is projected to have a fair market value of approximately fifteen million dollars ($1 ~i,ooo, OOO.OO). The current assessed valuation of the Property is $67, and generates $ for the City, of which $ is ad valorem taxes and $23.73 is voter approved debt service. With a fair market value of $15,000,000.00, the proposed development should generate additional City revenues of approximately $1 17,010.50; of which $111, would be ad valorem taxes and $5,292 would be debt service. d. That the need for the requested Variance is not economically based or self imposed, 6

7 The need for these variances is not economically based or self imposed. The need for these variances is because the current height restriction, number of stories and density for the Property would result in a development that would be significantly disproportionate to the existing and approved development in close proximity to the Property. The current height restriction, number of stories and density would result in a developed Property which would look miniscule in comparison to the existing and approved development for the area and would not be a feasible development of the Property. e. or, That the variance is necessary to comply with State or Federal Law and is the minimum Variance necessary to comply with the applicable law. The variance is not required to comply with State or Federal law. However, it is the minimum variance required for consistency and compatibilities with the existing and/or approved development in close proximity to the Property. I am requesting this request to be placed on the November 2, 2015 TAG agenda for preliminary TAG review. Thank you for your consideration of this request. Please contact me if you require additional information. Kind regards, ILM/nr Ilene L. Michelson, Esq. 7