STAFF REPORT Exhibit 1 I-595 Commerce Center Plat 054-MP-08

Transcription

1 STAFF REPORT Exhibit 1 I-595 Commerce Center Plat 054-MP-08 A request to amend the note on the plat has been filed with the Development and Environmental Regulation Division. This plat was approved by the County Commission on August 25, 2009, for a mixture of commercial, office and industrial uses on acres. The property is located on the east side of Davie Road, between Nova Drive and Southwest 36 Street, in the Town of Davie. The plat was recorded on January 6, The plat was recorded with the following note: This plat is restricted to 1,550,000 square feet of industrial use on Parcel A and 150,000 square feet of commercial use and 90,000 square feet of office use on Parcels B and C. Industrial buildings are further restricted to no more than 30% ancillary office per bay or single tenant building. Freestanding banks or bank drive-thru facilities are not permitted in the commercial and office uses and commercial/retail uses are not permitted within the office use without the approval of the Board of County Commissioners who shall review and address theses uses for increased impacts. The applicant is requesting to amend the note to add 200,000 square feet of commercial use to Parcel A and 944 garden apartments to the plat. The requested note reads as follows: This plat is restricted to 1,550,000 square feet of industrial use and 200,000 square feet of commercial use on Parcel A, 150,000 square feet of commercial use and 90,000 square feet of office use on Parcels B and C, and 944 garden apartments on Parcels A, B and C. Industrial buildings are further restricted to no more than 30% ancillary office per bay or single tenant building. Freestanding banks or bank drive-thru facilities are not permitted in the commercial and office uses and commercial/retail uses are not permitted within the office use without the approval of the Board of County Commissioners who shall review and address theses uses for increased impacts. The attached aerial photograph indicates that mobile homes existed on this property. It should be noted that the applicant submitted an affidavit with the original plat application confirming that all mobile home owners have been relocated therefore the Board was not required to make a finding of compliance with Section Florida Statutes when the plat was approved. This request was evaluated by the Reviewing Agencies. The attached memorandum from the Broward County Planning Council states that the effective land use plan designates the area covered by this plat for the uses permitted in the Town of Davie Regional Activity Center South Florida Educational Regional Activity Center (SFERAC) land use category. The SFERAC consists of approximately 2,244 acres and is generally located south of I-595, east of University Drive, north of Griffin Road, and west of the Florida Turnpike. The Land Use Plan Amendment for the SFERAC (PC 98-7) was approved by the County Commission on June 9, 1998 and permits a maximum intensity of the following uses:

2 8,729 residential units 3,432,528 square feet of commercial 8,529,000 square feet of industrial 12,388,500 square feet of community facility Continued Page 2 of 25 The SFERAC is subject to the attached Inter-local Agreement for the Monitoring of Development Activity and Enforcement of Permitted Land Uses in Regional Activity Center, recorded in Official Record Book 41265, Pages Section 2.1 of the agreement requires the Town of Davie to monitor development activity and to enforce permitted land use densities within the RAC. It should be noted that Land Use Plan Text Amendment PCT 10-6 for the Davie Regional Activity Center (RAC) is scheduled for adoption by the County Commission on September 28, The Davie RAC includes the same land area as the SFERAC and proposes to add 3,500 dwelling units and 235,000 square feet of commercial, while reducing 900,000 square feet of industrial use within the RAC. According to Planning Council staff, the 944 garden apartments proposed by this plat note amendment are included in the current SFERAC and are not included in the pending Davie RAC Land Use Plan Text Amendment. The attached comments from the Aviation Department indicate that the property is located within 20,000 feet of the Fort Lauderdale-Hollywood International Airport. Any proposed construction or the use of construction cranes must be reviewed to determine if Federal Aviation Regulation Part 77, Florida Statutes Chapter 333 and/or the Broward County Airport Zoning Ordinance apply. Based on the location of the proposed project, the FAA may need to review to determine whether the project is a potential hazard to aviation. To initiate the Federal Aviation Review, access the FAA Web page at: The Aviation Department has confirmed that this plat is located outside of the 65 DNL (Day-Night-Noise Average) contour, but inside the 60 DNL noise contour. As part of Land Use Plan Text Amendment PCT 10-6 for the Davie RAC, the Town voluntarily agreed to prohibit new residential development within the 60+ DNL noise contours. This prohibition does not apply to the 944 garden apartments proposed by this plat note amendment, because the 944 units are included in the current SFERAC and are not included in the pending Davie RAC Land Use Plan Text Amendment. However, this application is for a residential development that includes land lying in proximity to a County-owned airport. Pursuant to Section 5-182(n)(3) of the Land Development Code, approval of this application is conditioned upon the applicant recording a separate document, prior to recordation of the plat note amendment, disclosing to all potential purchasers that the property will be subject to potential aircraft overflight noise and is not eligible for noise mitigation. The applicant is advised to contact the Broward County Aviation Department for information regarding the current and potential impacts of airport operations on the subject property. Based upon the additional traffic generated by this plat note amendment and the future plan to extend Oakes Road (SW 36 th Street) to the Turnpike as part of the Davie RAC Master Plan, the Highway Construction and Engineering Division and the County s

3 Continued Page 3 of 25 Transportation Department require security for fifty (50%) percent of the installation cost of a traffic signal at the intersection of Davie Road and Southwest 36 Street (Oakes Road) adjacent to this plat, as specified in the attached memorandum. The attached comments from the Historical Commission indicate that there is little potential for the discovery of unrecorded archaeological and/or historical cultural resources within the proposed project boundary. The Natural Resources Planning and Management Division has reviewed this request and at this time, this site is not included in the Conservation Land, Green Space or Open Space Inventory, and is not adjacent to a site in the Inventory. The Environmental Review Report, coordinated by the Development and Environmental Regulation Division, is attached and indicates that the Fern Crest Utility s wastewater plant does not have current capacity to service the total committed wastewater flow and the estimated flow from this proposed project. In accordance with Section 5-182(g)(3) of the Land Development Code, conditional approval may be granted if it is shown that there is a fiscally feasible plan to construct or expand the wastewater treatment and disposal facility which will have sufficient plant capacity to provide for the treatment and disposal of the committed flows and this plat s project flow. According to the attached documentation from the Wastewater Licensing Section of the Development and Environmental Regulation Division, the Tindall Hammock Irrigation & Soil Conservation District has provided a fiscally feasible plan to expand the Fern Crest Wastewater Treatment Plant as the demand for domestic wastewater disposal increases and therefore, the Licensing Section does not object to the amendment of the restrictive note on this plat. The attached comments from the Broward County Health Department indicate that Fern Crest Utility s water plant has sufficient capacity to serve this plat s estimated project potable water flow. Health Department staff advise that pursuant to Section (3)(a), Florida Administrative Code, the utility shall submit an initial capacity analysis report to the Broward County Health Department within six months after the month in which the total maximum-day quantity of finished water produced by the treatment plant(s) first exceeds 75 percent of the total permitted maximum-day operating capacity of the plant. The attached Resolution (R ) from the Town of Davie approves this request. The School Board notes that this request generates an additional 230 students and in accordance with Section 5-182(m)(1)a) of the Land Development Code, is subject to the requirements of public school concurrency. School Board staff has reviewed this application and determined that it satisfies public school concurrency on the basis that adequate school capacity is expected to be available to support the proposed development. See the attached School Capacity Availability Determination received from the School Board. This plat with the amended note satisfies the regional park concurrency requirement of Section 5-182(i) and the solid waste disposal concurrency requirement of Section 5-182(h) of the Land Development Code. In addition, this request represents an increase

4 Continued Page 4 of 25 of 737 pm peak hour trips. The plat is located within the South Central Transportation Concurrency Management District, and meets the regional transportation concurrency standards specified in Section 5-182(a)(5) of the Broward County Land Development Code. Transportation concurrency, recreational and school impact fees will be assessed in accordance with the fee schedule specified in the ordinance prior to Development and Environmental Regulation Division environmental review approval of construction plans. For non-residential uses, the transportation concurrency fees shall be based on the gross square footage of any building(s) as defined in the ordinance. In addition, in accordance with Ordinance , effective June 2, 2008, garden apartments are defined as three (3) or more attached dwelling units in a two (2) or three (3) residential story building with each unit being only one (1) residential story. The recreational administrative fees, based on this request, are $11,328 and must be paid prior to the recordation of the note amendment. The applicant is advised that the above fees are subject to an increase on October 1st of each year. In accordance with the current credit provisions of the Land Development Code, no credit will be granted for removal of mobile homes occurring more than eighteen (18) months prior to the payment of impact/concurrency fees, during County environmental review of construction plans. Any request for credit for transportation concurrency and impact fees must include the appropriate documentation regarding the dwelling unit type, the number of bedrooms in each unit, and the date(s) of removal. Staff notes that when the plat application was approved by the Board, the applicant s attorney requested that the transportation concurrency fee credit be based upon the removal of the pads and utilities, instead of the removal of the mobile home units. On August 25, 2009, the Board directed the County Attorney to draft an amendment to the Land Development Code defining demolition for owner-occupied mobile homes within mobile home parks to include removal of foundations, pads and utilities in addition to removal of the actual mobile home unit. The 18 month time frame to claim credit would commence after all of these items are removed. On January 26, 2010, the Board directed the County Attorney to draft an alternative amendment to the Land Development Code extending the time frame to claim concurrency and impact fee credits for owner-occupied mobile homes within mobile home parks. The alternative ordinance extends that time frame from 18 months from the date of fee payment to 60 months from the date of fee payment. This extended time period reverts back to 18 months when the unemployment rate for Broward County is five (5) percent or less or after five (5) years from the effective date of the ordinance, whichever occurs later. The unemployment rate indicator was selected as being indicative of pre-recessionary economic conditions within the County. The County Attorney s Office is preparing an agenda item for the August 10, 2010 County Commission meeting which will allow the Board to schedule either of the ordinances for a public hearing. If either ordinance is adopted by the Board and provided the applicant complies with the requirements of the enacted ordinance, staff estimates that the total, potential

5 Continued Page 5 of 25 transportation concurrency, educational impact, and recreational impact fee credit for the uses proposed in this plat note application may be as much as $3,617,477. Staff recommends APPROVAL of this request provided the applicant accomplishes the following: 1) Pays the recreational administrative fee prior to recordation of the note amendment; 2) Complies with the conditions contained in the attached memorandum from the Highway Construction and Engineering Division and Transportation Department, regarding the security for the traffic signal, prior to recordation of the note amendment agreement; 3) Prior to recordation of the agreement to amend the note, records a separate document, acceptable to the County Attorney's Office, as notice of potential aircraft overflight and noise impacts on this property as required by Section 5-182(n)(3) of the Land Development Code; 4) Records a document acceptable to the County Attorney s Office to amend the note on the face of the plat prior to August 10, The note amendment must include language stating that any structure within this plat must comply with Section IV D.1.f., Development Review requirements, of the Broward County Land Use Plan, regarding hazards to air navigation. The revised note must also continue to include language stating the following: A) If a building permit for a principal building (excluding dry models, sales and construction offices) and first inspection approval are not issued by August 25, 2014, then the County s finding of adequacy shall expire and no additional building permits shall be issued until such time as Broward County shall make a subsequent finding that the application satisfies the adequacy requirements set forth within the Broward County Land Development Code. The owner of the property or the agent of the owner shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame; and/or B) If construction of project water lines, sewer lines, drainage, and the rock base for internal roads have not been substantially completed by August 25, 2014, then the County s finding of adequacy shall expire and no additional building permits shall be issued until such time as Broward County shall make a subsequent finding that the application satisfies the adequacy requirements set forth within the Broward County Land Development Code. The owner of the

6 Continued Page 6 of 25 property or the agent of the owner shall be responsible for providing evidence to Broward County from the appropriate governmental entity, documenting compliance with this requirement within the above referenced time frame. In addition, staff recommends that the Board authorize the Mayor to sign an order approving this agenda item subject to staff findings, comments, and recommendations. DD:AS

7 Continued Page 7 of 25 TO: FROM: RE: David M. Danovitz, AICP, Assistant Director Development and Environmental Regulation Division Broward County Environmental Protection and Growth Management Department Henry A. Sniezek, AICP, Executive Director Delegation Request for I-595 Commerce Center Plat (054-MP-08) Town of Davie DATE: May 24, 2010 Planning Council staff has reviewed the proposed revision to the restrictive note on the above referenced plat. The proposal is to change the restrictive note on the plat: FROM: This plat is restricted to 1,550,000 square feet of industrial use on Parcel A and 150,000 square feet of commercial use and 90,000 square feet of office use on Parcels B and C. Industrial buildings are further restricted to no more than 30% ancillary office per bay or single tenant building. TO: This plat is restricted to 1,550,000 square feet of industrial use and 200,000 square feet of commercial use on Parcel A, 150,000 square feet of commercial use and 90,000 square feet of office use on Parcels B and C, and 944 residential garden apartment units on Parcels A, B and C. Industrial buildings are further restricted to no more than 30% ancillary office per bay or single tenant building. The Future Land Use Element of the Town of Davie Comprehensive Plan is the effective land use plan for the Town of Davie. That plan designates the area covered by this plat for the uses permitted in the Town of Davie Regional Activity Center South Florida Educational Regional Activity Center land use category. This plat is generally located on the east side Davie Road, between Nova Drive and Southwest 39 Street. Regarding the proposed uses, this plat is subject to the executed Interlocal Agreement for the Monitoring of Development Activity and Enforcement of Permitted Land Uses in Regional Activity Center, as recorded in Official Record Book 41265, Pages The effective land use plan shows the following land uses surrounding the plat: North: Regional Activity Center South: Regional Activity Center East: Regional Activity Center West: Regional Activity Center

8 I-595 Commerce Center May 24, 2010 Page 2 Continued Page 8 of 25 The contents of this memorandum are not a judgment as to whether this development proposal complies with the Broward County Trafficways Plan, local zoning, other land development regulations or the development review requirements of the Broward County Land Use Plan including its concurrency requirements. HAS:GCF cc: Gary Shimun, Town Administrator Town of Davie David Quigley, Planning and Zoning Manager, Development Services Department Town of Davie

9 From: Cookish, Darlene Sent: Friday, May 21, :39 AM To: Stravino, Annette Cc: Cooney, Thomas; Bartholomew, Dan Subject: I-595 Commerce Center 054-MP-08 Continued Page 9 of 25 This plat is subject to the following comments: I-595 Commerce Center Plat No. 054-MP-08 This property is within 20,000 feet of Fort Lauderdale-Hollywood International Airport. Any proposed construction or use of cranes or other high-lift equipment must be reviewed to determine if Federal Aviation Regulation Part 77, Florida Statutes Chapter 333 and/or the Broward County Airport Zoning Ordinance apply. Based on the location of the proposed project, the FAA may need to review to determine whether the project is a potential hazard to aviation. To initiate the Federal Aviation Review, access the Web Page at: POTENTIAL AIRCRAFT OVERFLIGHT AND NOISE IMPACT NOTICE This serves as notice of potential aircraft overflight and noise impacts on this property due to its close proximity to the Fort Lauderdale/Hollywood International Airport, which is being disclosed to all prospective purchasers considering the use of this property for residential purposes. This property is subject to the overflight and associated noise of arriving and departing aircraft during the course of normal airport operations. Individuals sensitive to such events should satisfy themselves before purchasing this property that such exposure to aircraft overflights and the noise associated therewith will not adversely affect their enjoyment of the property. This also serves as notice to prospective purchasers of parcels within the property that, pursuant to Broward County Ordinance and consistent with the Federal Aviation Administration s Change in FAA s Noise Mitigation Policy, effective October 1, 1998, the County will only provide noise mitigation for existing incompatible development and not for new incompatible development. The determination of compatible and incompatible development will be based on the County s most current Federal Aviation Administration ( FAA ) approved Noise Exposure Map and the Airport s most current noise compatibility program which has been reviewed and approved by the FAA for the Airport. Further information regarding the current and potential impacts of airport operations on the subject property may be obtained from the Broward County Aviation Department, Planning and Development Division.

10 Continued Page 10 of 25 From: Cannicle, Winston Sent: Tuesday, May 25, :10 AM To: Danovitz, David Cc: Mccluskie, James; Bartholomew, Dan; Simon, Al; Cooney, Thomas; Cookish, Darlene; Pacitto, Michael Subject: RE: I-595 Commerce Center Plat (054-MP-08) - Noise Contour Information Hi Dave, Based on the exhibits for the noise contours from the Final Environmental Impact Statement (FEIS) for FLL released in June, 2008; please see below regarding the location for the I-595 Commerce Center Plat (054-MP-08): For Current Conditions (2005 Baseline Contour Exhibit 5.C. 1-8), this plat location is located outside the 65 DNL noise contour but inside the 60 DNL noise contour. For 2012 B1c (Sponsor proposed project Exhibit 6.C.1-6), this plat location is located outside the 65 DNL noise contour but inside the 60 DNL noise contour. For 2012 B1b Exhibit 6.C.1-4, this plat location is located outside the 65 DNL noise contour but inside the 60 DNL noise contour. For 2020 B1b (FAA s Preferred Alternative Exhibit 6.C.1-23), this plat location is located outside the 65 DNL noise contour but inside the 60 DNL noise contour. Thanks, Winston B. Cannicle Noise & Environmental Officer Broward County Aviation Department Fort Lauderdale-Hollywood International Airport 100 Aviation Boulevard, Fort Lauderdale, FL (954) ; (954) (fax)

11 Continued Page 11 of 25 Public Works Department HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION 1 N. University Drive, Suite 300 Plantation, Florida FAX DATE: May 26, 2010 M E M O R A N D U M TO: FROM: Al Simon, Director Development and Environmental Regulation Division David Huizenga, Engineer III Plat Section, Highway Construction and Engineering Division Noemi Hew, Planner Service Development, Transportation Department SUBJECT: Delegation Request to Amend Plat Note I-595 COMMERCE CENTER PLAT (054-MP-08) The Highway Construction and Engineering Division and the Transportation Department have reviewed the proposed plat restriction note as follows: The plat is restricted to 1,550,000 square feet of industrial use; 200,000 square feet of commercial use on Parcel A; 150,000 square feet of commercial use; 90,000 square feet of office use on Parcels B and C; 944 residential garden apartment units on Parcels A, B, and C Industrial buildings are further restricted to no more than 30% ancillary office per bay or single tenant building. Freestanding banks or bank drive-thru facilities are not permitted in the commercial and office uses and commercial/retail uses are not permitted within the office use without the approval ot the Board of County Commissioners who shall review and address these uses for increased impacts. Any structures within this plat must comply with section IV.D1.F, Development Review Requirements of the Broward County Land Use Plan, regarding hazards to navigation. Staff recommends approval subject to the following comments and recommendations: 1. The owner of this plat shall fully execute and deliver a standard Traffic Signalization Agreement (CAF456) for fifty (50%) percent of the installation cost of a traffic signal at the intersection of Davie Road and SW 36 th Street adjacent to this plat in the amount of $150, The Traffic Signalization Agreement shall be secured by letter of credit, cash, lien, or other security acceptable to the County. The security instrument shall accompany the Traffic Signal Agreement and must be submitted prior to recordation of the proposed plat note amendment. Broward County Board of County Commissioners Sue Gunzburger Kristin D. Jacobs Albert C. Jones Ken Keechl Ilene Lieberman Stacy Ritter John E. Rodstrom, Jr. Diana Wasserman-Rubin Lois Wexler

12 Continued Page 12 of Security for the traffic signal must remain in full force and effect for a period of two (2) years after build-out of the Project. During this time period, the County may conduct studies at the pertinent intersection or location to determine whether signalization is warranted under Manual of Uniform Traffic Control Devices. If no need is determined, the developer may be released from this obligation. 4. An Opinion of Title or a Title Certificate from a title company is required for processing and approval of the Traffic Signalization Agreement. Title documentation shall include the following information: a. Same legal description as the affected portion of the recorded plat. b. Record owner(s) name(s). c. Mortgage holder(s) name(s) If none, it should so state. d. Date through which records were searched (within 30 days of submittal). e. Original signature and/or seal. 5. For properties held by partnerships or trusts, the applicant must submit copies of the partnership or trust documents, or an opinion from an attorney familiar with the partnership or trust listing the partner(s) or trustee(s) who may execute agreements and deeds. 6. The Service Development staff from the Transportation Department notes that this plat is served by BC Transit Routes 9 and 12 on Davie Road with stop ID # dhh

13 Continued Page 13 of 25 Broward County Historical Commission 151 SW. 2 nd Street Fort Lauderdale, Florida Tel: Fax: May 24, 2010 Annette Stravino Broward County, Florida Development & Environmental Regulation Division One North University Drive, Building A, Plantation, Florida Comments for Plat Report: I-595 Commerce Center, Plat 054-MP-08 Dear Annette Stravino, The Broward County Historical Commission has had opportunity to review material for I-595 Commerce Center, Plat 054-MP-08, generally located north of SW 36 th Street and east Davie Road, Section 23, Township 50s, Range 41e, Town of Davie, Broward County, Florida. Review of archival material (aerial photography, topographical maps, etc) located at the Broward County Historical Commission, as well as the Florida Master Site File (2010) and other resources indicates that zero (0) archaeological and zero (0) historical cultural resources have been previously located on the project parcel, however; no systematic survey of the parcel has been conducted. Based on available information there appears little potential for discovery of unrecorded archaeological and/or historical cultural resources within the proposed project boundary, therefore; the Broward County Historical Commission recommends no additional actions at this time. As with many parcels that have not been subject to prior systematic survey, there is minimal potential that unanticipated cultural resources may be discovered. If in the event that archaeological features or artifacts are discovered during the course of development, the Broward County Historical Commission shall be notified within twenty four (24) hours of the discovery and sufficient time should be provided to allow proper recordation, recovery, or preservation of the find (Broward Co. Florida Ord ). Additionally, if in the event that any unmarked human burial remains are discovered then work in the vicinity of the burial find is to halt immediately until a determination can be made, in accordance with State Statutes Chapter 872, by either the state archaeologist or the county medical examiner as to jurisdiction, custody and disposition of the remains. Should this occur this office is to be contacted immediately to facilitate the coordination of the find. Please contact the Historical Commission with any questions you may have. Sincerely, Matthew DeFelice, County Archaeologist Broward County Board of County Commissioners Albert C. Jones Stacy Ritter Sue Gunzburger Kristin D. Jacobs Ilene Lieberman John E. Rodstrom, Jr. Ken Keechl Diana Wasserman-Rubin Lois Wexler

14 Continued Page 14 of 25 ENVIRONMENTAL REVIEW AND COMMENTS REPORT TO THE DEVELOPMENT AND ENVIRONMENTAL REGULATION DIRECTOR Application: Delegation Request (To amend the note to add 200,000 square feet of commercial use and 944 garden apartments.) File Number: 054-MP-08 Project Name: I-595 Commerce Center Plat Comments Due: May 25, 2010/Updated July 19, 2010 Development Type: Commercial (350,000 Square Feet), Office (90,000 Square Feet), Industrial (1,550,000 Square Feet) and Residential (944 Garden Apartments) The Development and Environmental Regulation Division of the Broward County Environmental Protection and Growth Management Department has coordinated with other divisions in this department to provide the following comments on the above referenced plat: Surface Water Management This plat is located in the Town of Davie and is in the Tindall Hammock Irrigation and Soil Conservation District. Surface water management plans for this plat must meet the criteria of the Irrigation and Soil Conservation District. A surface water management permit must be obtained from this District prior to any construction. Wastewater Review Wastewater Treatment Plant: Fern Crest Flow Data: As of 5/10 EPD Licensed Capacity MGD 12 Month Average Flow: MGD Existing Flow Reserved by Building Permit: MGD Total Committed Flow: MGD Estimated Project Flow: MGD The applicant is advised that a Wastewater Collection/Transmission System License will be required prior to constructing, expanding or altering either a gravity sanitary sewer, a sanitary force main or a pump station. The total committed flow of wastewater plus the estimated project flow is MGD. Whereas, the Fern Crest Wastewater Treatment Plant s licensed capacity is MGD. Therefore, the the Fern Crest Wastewater Treatment Plant does not have current capacity to service the total committed wastewater flow and the estimated plat s project flow. However, in accordance with Section 5-182(g)(3) of the Broward County Land Development Code, conditional approval may be granted if it is shown that there is a fiscally feasible plan to construct or expand the wastewater treatment and disposal facility which will have sufficient plant capacity to provide for the treatment and disposal of the committed flows and this project flow. According to the attached documentation from the Wastewater Licensing Section of the Development and Environmental Regulation Division, the Tindall Hammock Irrigation and Soil Conservation District has provided a fiscally feasible plan to expand the Fern Crest Wastewater Treatment Plant as the demand for domestic wastewater disposal increases; and, therefore, the Licensing Section does not object to amend the restrictive note on this plat.

15 Page MP-08 I-595 Commerce Center Plat Continued Page 15 of 25 Natural Resources Preservation This plat is located in a wellfield zone no. 3 of influence as described in the Broward County Wellfield Protection Ordinance 84-60, as amended, and as incorporated into Broward County Code of Ordinances, Chapter 27, Article XIII. Review of available information indicates that, at this time, there are no wetlands within the boundaries of this plat, therefore, a Conceptual Dredge and Fill Review Report is not required. Based upon the present conditions within the site, filling of the land area will not require an Environmental Resource License. Other activities, such as lake or canal excavation regulated under Article XI of the Natural Resource Protection Code, may require a license. The Applicant is encouraged to contact the Aquatic and Wetlands Resources Section of the Development and Environmental Regulation Division at the earliest time to determine if, and what type of, a license may be required prior to undertaking any surface disturbing activities. The Aquatic and Wetlands Resources Section of the Development and Environmental Regulation Division encourages all invasive exotic vegetation including Melaleuca, Brazilianpepper, Australian pine and others as listed in the Exotic Pest Plant Council's List of Florida's Most Invasive Species to be removed during the development process, and a management plan may be necessary to control re-invasion of same. In addition, landscape material should not include any plants considered to be invasive of south Florida's native plant communities. The Exotic Pest Plant Council s List of Florida s Most Invasive Species is available from the Aquatic and Wetlands Resources Section. This plat is subject to the Town of Davie's Tree Preservation Code for tree removal, relocation, and/or replacement. At this time, this site is not included in the Conservation Land, Green Space or Open Space Inventory, and is not adjacent to a site in the Inventory. Additional Comments Addressing Certain Environmental Protection Actions Needing to be Taken to Implement the Project 1. A Parking Facility License may be required for parking facilities. Contact the Pollution Prevention, Remediation and Air Quality Division for specific license requirements. 2. A Demolition Notification may be required. Contact the Environmental Review Section of the Development and Environmental Regulation Division for additional information. 3. A Hazardous Material License may be required. Contact the Pollution Prevention, Remediation and Air Quality Division for specific license requirements. 4. A Storage Tank License may be required. Contact the Pollution Prevention, Remediation and Air Quality Division for specific license requirements. 5. Any discharges to ground or surface waters, excluding stormwater, will require review and approval from the Water Engineering and Licensing Section of the Development and Environmental Regulation Division prior to discharge. 6. Future industrial uses must be approved by the Pollution Prevention, Remediation and Air Quality Division.

16 Page MP-08 I-595 Commerce Center Plat Continued Page 16 of An Environmental Resource License may be required for any activities regulated under Article XI of the Natural Resource Protection Code. Contact the Aquatic and Wetlands Resources Section of the Development and Environmental Regulation Division for specific license requirements. 8. The subject plat is in the vicinity of known contaminated sites and the following should be noted: For any site that overlies or contains potential or actual sources of pollution to ground or groundwater, the Pollution Prevention, Remediation and Air Quality Division s approval of an application for a building permit or approval to construct or alter shall not be granted until the this Division is satisfied that the construction or alteration will not interfere with the cleanup of the contaminants on site [Section 27-66(h) Broward County Code of Ordinances]. It should also be noted that the Pollution Prevention, Remediation and Air Quality Division must approve any dewatering activities at the subject location. 9. Wastewater receiving lift stations and force mains are critical components to the conveyance system. Accordingly, adequate capacity for this project will need to be demonstrated of the receiving off-site sanitary sewer conveyance system. Contact the Water Engineering and Licensing Section of the Development and Environmental Regulation Division at Be advised that plat approval does not infer any approval to connect to any wastewater collection, treatment, or disposal system. Nor does it infer that sufficient capacity will exist at time of Building Permit approval. Connections to such systems are approved by the Environmental Review Section of the Development and Environmental Regulation Division as a prerequisite to, and just prior to, approval of Building Permits by the appropriate Building Department for any structures that are to be built on the platted site. These comments do not indicate a waiver or approval of any license or permit that is, or may be, required for any aspect of the project.

17 Continued Page 17 of 25 REVIEW OF PLAT APPLICATION (please submit electronically) Plat Number: 054-MP-08 Section/Township/Range: 23/50/41 Plat Name: I-595 Commerce Center Plat Comments Date: July 16, 2010 Applicant s Request: Delegation Request Note Amendment Division: Development & Environmental Reviewer s Name: Joanne Swing Regulation Div., Water Licensing Section Plat Comments: Tindall Hammock Irrigation & Soil Conservation District (District) has provided a fiscally feasible plan to expand the Fern Crest WWTP as the demand for domestic wastewater disposal increases. The District has consented to an Administrative Order by the state to initiate an increase in the plant s capacity when the plant reaches a 0.30 MGD Three Month Average Daily Flow (TMADF). This will insure the plant will have sufficient capacity well in advance of the plant reaching their current capacity of MGD Annual Average Daily Flow (AADF), 0.60 MGD TMADF. DER Domestic Wastewater Licensing section monitors the AADF plus committed flow totals and TMADF each month. This monitoring insures the WWTP will maintain adequate capacity and take action well in advance of meeting or exceeding their licensed capacities. Additionally Robert V. Salerno, the Director of the wastewater facilities has acknowledged that if the addition of the clarifier that is addressed in the Administrative Order of the State (document attached), does not gain the capacity required, the District will take the necessary actions needed to gain the capacity needed. DER Domestic Wastewater Licensing Section does not object to this application as submitted.

18 From: Bob Salerno Sent: Tuesday, July 13, :57 PM To: Swing, Joanne Cc: Jeff Katims Subject: Fern Crest DEP Compliance Schedule Joanne Continued Page 18 of 25 Please find attached Compliance Schedule. As you will see we have agreed to install a new headworks now a sludge thickener in 2012 and a new 28 foot clarifier when our TMADF reaches.300 MGD. At the time the new clarifier is installed we will ask for a re-rate of our plant to gain any additional flow these improvements will accomplish. If the rerate is does not increase our permitted flow enough to match that needed for the plat currently under review, Fern Crest will make any necessary operational changes to reach the required capacity. If you need any further information to complete the current plat request, please let me know and I will furnish it. Bob Salerno

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23 Continued Page 23 of 25 BROWARD COUNTY HEALTH DEPARTMENT Environmental Engineering Section Broward County Plat/Sites Date: To: From: _July 28, 2010 Office of Planning - Development Review Section Phong Nguyen, P.E., MPA, PE Supervisor II Broward County Health Department (BCHD) Subject: Plat/Site/Vacation/Rezoning Number 054-MP-08 Plat/Site/Rezoning Name I-595 COMMERCE CENTER Date Due July 28, 2010 A review of additional information has been conducted and BCHD comments are as follows: SEWAGE DISPOSAL ( x ) Approved sanitary sewage collection system specified on application. ( ) Septic Tank(s) intended to be used. ( ) Prior to any construction or building permits, the required Septic Tank Permit(s) must be issued by our Department. Complete compliance with Chapter 64E-6 of the Florida Administrative Code and Broward County Code Chapter 34, Article 11 1/2 Water and Septic Tank Ordinance must be effected. ( ) This project as submitted will be limited to gallons per day (gpd) flow of sewage/domestic waste as provided in Chapter 64E-6 of the Florida Administrative Code (FAC) or Chapter 34, Article 111/2 Water and Septic Tank Ordinance. ( ) Additional Comments WATER SUPPLY ( ) Well(s) ( ) Additional Comments: BCHD OSTDS Plat Review (Rev 7/28/2010)

24 Continued Page 24 of 25 ( x ) Public Water Supply- Provider specified to be FERN CREST UTILITIES, INC. Water Treatment Plant Capacity 1.0 MGD. Additional Comments: Pursuant to Section (3)(a), Florida Administrative Code, the utility shall submit an initial capacity analysis report to the Broward County Health Department within six months after the month in which the total maximum-day quantity of finished water produced by the treatment plant(s) first exceeds 75 percent of the total permitted maximum-day operating capacity of the plant(s) Maximum Daily Flow ( August 2009 ) MGD Available Plant Capacity (based upon maximum daily flow) MGD Approx. Sewage/Domestic Water Usage: ( x ) MGD. ( ) Unable to calculate. ( x ) Sufficient or ( ) Insufficient available water treatment plant capacity to serve intended project at this point in time. Additional Information and/or Comments: Conclusions of Review: 1. ( ) No objection as submitted. 2. (x ) No objection subject to comments noted above. 3. ( ) Unable to sign site plan until Septic Tank Permit(s) issued by our Department 4. ( ) Objection - refer to comments noted above. 5. ( ) No comments - Our Department is unable to comment upon the availability and adequacy of a water supply, or the provision of sewage disposal, as the providers for the same were not specified on the submitted application materials. 6. ( ) No comments.

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