proposed development of 64 units at 2000 ocean blvd. property
TRANSCRIPT
Microsoft Word - tmp5D20.DOCXFTL 109344763v3
Justification for Variance to Article III Section 8 of the City Code of Ordinances
For
Proposed Development of 64 Units at 2000 Ocean Blvd. Property
This request for a variance is submitted in conjunction with the pending application of B and H
Fort Lauderdale Beach LLC (“Applicant”) for Major Development Approval of a 64 unit
residential condominium on the property legally described on Exhibit A (the “Condominium”).
Article III Section 8 essentially prohibits construction seaward of the Coastal Construction
Control Line (“CCCL”) established by the Florida Department of Environmental Protection
(“FDEP”), unless certain criteria and conditions are met. A portion of the Condominium is to be
constructed seaward of the CCCL. Attached hereto as Exhibit B is a copy of the Application for
a CCCL Permit filed with the FDEP to permit the Condominium.
Pursuant to Section 8-74 of the City Code of Ordinances, the following criteria and conditions
must be met for a variance to be granted:
Section 8-74 (9) Conditions for variances are as follows:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
3. Determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense; create nuisances; cause fraud on or victimization of the public; or
conflict with existing local laws or ordinances.
In addition to the foregoing “conditions for variances”, Section 8-74 provides, in pertinent part:
(6) In passing upon such applications, the city commission or city manager, as
applicable, shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this article, and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger to life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. Importance of the services provided by the proposed facility to the city;
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e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. Expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
k. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer,
gas, electrical, and water systems, and streets and bridges.
Applicant offers the following justification in support of the granting of a variance from Article
III, Section 8 of the City Code of Ordinances to permit development of portions of the Project
seaward of the CCCL, as set forth on the pending application for Major Development Approval
and the attached FDEP application for a CCCL permit:
(1) The project will be constructed in compliance with Florida Building Code (“FBC”) Section 1612 and ASCE 24-05 by reference, which requires the following:
The lowest horizontal member of the lowest floor be located at or above +1.0 foot above the FEMA established BFE. Lowest floor does not include an unfinished or flood-resistant enclosure used solely for parking, building access, or storage.
Foundation systems shall be free of obstructions and attachments that will transfer flood forces to the structural system or that will restrict or eliminate free passage of high velocity flood waters and waves during design flood conditions. (Compliance with FEMA Free-of-Obstruction Requirements).
As required by ASCE 24-05 Section 4.2, the design shall also account for the following: o Waves breaking against the side or underside of the structure; o Drag, inertia, and other wave-induced forces acting on structural members
supporting elevated structures; o Uplift forces from breaking waves striking the undersides of structures; o Wave run-up forces including those deflected by the structure; and o Erosion and scour.
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(2) The structure will be built in compliance with FBC Section 3109 – Structures Seaward of the Coastal Construction Control Line, which requires:
Foundations to be located below the DEP published design grade or be designed to withstand the associated forces, as determined by a site specific engineering analysis.
Breakaway walls below the DEP published wave crest elevation. Alternately, a 100-year storm analysis may be conducted to determine the site specific wave crest elevation. The site specific 100-year storm analysis wave crest elevation would be provided to the DEP for their review/approval, relative to wave crest determination.
Shearwalls will not be greater than 20% unless a hydraulic flow analysis can demonstrate that although the overall shearwall coverage is more than 20 percent, the increased shearwall length will not result in substantial increase of flow velocities and drag forces on the structural components of the proposed structure and neighboring structures.
The building will be designed and built to withstand the affects of the design storm event and therefore will not be a threat to public safety. Coastal Systems completed a 100-year storm impact analysis, which states that the proposed development:
Consistent with other structures in the Project area, the structures proposed above grade are set back 20 feet from the north and south property lines. Additionally, FBC-compliant structural design will be implemented to prevent a substantial increase of flow velocities and drag forces on the structural components of the proposed structures and neighboring structures. Consistent with subsection 62B- 33.005((4)(e), F.A.C., the construction is not anticipated to cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact. The proposed Project is not anticipated to result in a significant adverse impact to the beach-dune system.
Habitable spaces will be located above the DEP published wave crest elevation.
Stairwells and elevator shafts will be contained within shearwalls to prevent damage and allow for ingress/egress after a storm event.
(3) The project site contains an existing seawall, which is connected to seawalls on both the north and south site. This seawall provides a level of protection during storm events and will be maintained by ownership to prevent damage or excess erosion to the upland property.
(4) Failure to grant the variance would result in exceptional hardship to the Applicant in that:
The developable area will be reduced by approximately 1/3 of the land area owned by the Applicant and limit the development potential of
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the site (this likewise would affect the overall value of the project at completion and reduce the amount of revenue generated to the City from ad valorem taxes attributable to the project);
The application of this code would be more restrictive than FEMA regulations, Florida Building Code, and FDEP regulations (see Response to No. 1, above, relative to compliance with existing code); and
The limitation of construction to the CCCL would be inconsistent with existing structures in the area as reflected on the line of construction survey prepared by Calvin Giordano, a copy of which is included in Exhibit B.
In conclusion, the City’s flood damage prevention ordinance is based, for the most part, on 44
C.F.R. part 60, subpart A, which “sets forth the criteria developed in accordance with the
[statutes authorizing the National Flood Insurance Program] by which [FEMA] will determine
the adequacy of a community’s flood plain management regulations.” 44 C.F.R. § 60.1(b).
However, the particular provision of the City’s Flood Damage Prevention ordinance that this
variance request seeks relief from does not have its origin in FEMA regulations. The provision
is based on the Florida Statutes mandating the Department of Environmental Protection
(formerly the Department of Natural Resources) to establish the coastal construction control lines
along the oceanfront areas of the state, in other words, the coastal construction control line. §
161.053(1)(a), Fla. Stat. Section 8-75(b)(3)a. Therefore, the variance being applied for does not
seek to provide a lesser standard of performance than would otherwise be required by the FEMA
standards.
The project proposes to limit increase to flow velocities and to limit increased erosion. Most importantly, the structure is designed to comply with applicable FEMA flood requirements as well as the FBC hurricane codes which will prevent failure of the structure and limit damage to the adjacent properties and public resources. The proposed design seaward of the CCCL will allow similar design and uses to other structures in the area relative to seaward structure location, overall footprint, and use. The location of the proposed structure with the tower portion of the Condominium as far seaward as possible was designed to create the least visual impact possible on adjacent existing residences. Based upon the foregoing, we respectfully request that the City Commission approve a variance from Article III Section 8 to permit construction of a portion of the Condominium seaward of the CCCL.
Exhibit B
, ' ... Tel; lOS-66t·36S5. Fax: 305-661·1914~ '. ". \ • _.c:.outIlIIysllttGl:int.cncn
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Coastal Construction Control Line I'ro8J8I11 Division ofWatcr Resource Management 3900 Commoowcalth Boulevard Tallahassee, Florida 32399
RE: DEPARTMVIT or ENvIRONMl!HrAL i'R01ECI1ON - DIVISION OP WATER REsoURCE MANACIEMIlNT (FDEP) COASl'AL CONSTRUCTION CONTROL LINE (CCCL) PERMIT MrUCATION FOR nlE RKc£NCY HOUSE DEVELOPMENT PROJI:cr, CITY OF HALLANDALE BEACH (CITY), BROWARD COUNfY, FLoRIDA - CNS-JI()..{)230
Dear Mr. Wettstein:
On behalf of B & H Fort Lauderdale Beach, LLC, this is to submit a FDEP Coastal Construction Control Line (CeCl) permit application for the Regency House Development project (Project) located at 2000 S. Ocean Drive, Hallandale Beach. This is to fonnally request a 5-year pennit (refer to the anticipated construction schedule submitted). To facilitate processing of this permit application, the following are enclosed:
I. Two (2) executed FDEP CCCL permit applications.
2. A ropy of the reconted wananty deed.
3. A description of the proposed work.
4. A proposed construction schedule. Please nole that this is to formally request that the CCCL pennit be issued as Q blscpermit.
5. Two (2) copies of the architectural site plan and cross-section (Sheets DEPl 00 ~
DEPI03) by Kobi Karp Archi1eCture and Interior Design dated July 22, 2013.
6. One (1) signed and sealed site survey by Calvin Giordano & Associates, field date May 17. 2013. An additionol signed and sealed copy ofthe survey was submitted as pari ofthe CJnsulltltfon file (CNS-BO-0230), which we request be made Q parI of this application package.
7. A draft Pennil Fee Worksheet with an estimated permit application fee of $12,900.00. based on one at grade POOl. one major habitable strucbJre with 64 units, and multiple minor structures (POOl deck. stairs. rwnp, etc). Please ccnflrm if {he applieD/ion fee as shown within the attached Workslreet is correctfor check issuance by ownership.
Notes:
I. Pennit Application Item 14 (page 2) - The Project does not include stonnwater discharge onlo. over, under' or across the beach and dune system. As such. we request a waiva' from item 20.
2. Penni! Application Item 20 (page 2) - The Project also does not propose a rigid coostal structure. As such, we request a waiver from item 20.
As previously noted within the Pre-Application Consultation Meeting Minutes, it is our understanding "'.t tiJe 3G-year Erosion Projection (3G-YEP) is calculated using. distance of30 feet from the MHWL to the SHWL. It is OUf understanding that the nOurishment expiration date is 2026; therefore, there are 17 OOJK:redited years. Pursuant to a recent coofinnation from Tony McNeal for BO~75. it is our understaDding that the erosion rate for this area is I foot per year (at R-Monument R-124, R-125, and R-126). Coast.l SY$CmS. with the assistance o(the FDEP, has calculated a 3G-YEP of47feet li!!!dwald of the EeL [30 ft + (17 years. I ftiyear) 47 [eet]. As such, tiJe pool has been relocated 47 feet landw.n! of the Erosion Control Line.
Additionally, tiJe major non-habitable (POOl) and major habitable (tower) Slructures are proposed landward of the LOC, as shown within tiJe previously submitted LOC exhibit (copy artached). Specifically, the proposed pool is located 47 feet landward oftiJe EeL while the LOC of major non-habitable structures is 21 feet landward of the ECL onsite:. The tower is proposed 84 feet 5 ;S inches landward of the EeL, which is in compliance witiJ tiJe LOC for major-habitable structures located 63 feet landward of the EeL onsite. As ~ tbis is to confmn based on OUT
Pre-Application meeting that the proposed project is in compliance with the LOe established within the LOC exhibit.
We respectfully request the FIlEP begin review of the CCCL pennit application for the Project Additional information wiU be submitted shortly. 'Thank you for your assistance. ShouJd you have any questions or require additional infonnation, please do not hesitate to contact me at (305) 669-6233 or via e-mail [email protected].
Sincerely, COASTAL SYSJ''I''fri1'
Enclosures
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COASTAL SYSTEMS INTERNA11ONAL, INC. 464 Soath OWe 16gbwt.y. Coc:s1 Gabltl. FlOlidJ. 33146 Tel 305-661-3655 . Fax: 305-661·1914 _.co~t.com
The Regency. Hallandale Beach
FERMIT FEE WORKSHEET
INSTRUCTJONS: Each apptic:aIioD fora Dew pcnnitor fOr. cbmge ill pennit stams punoant to Section 161 .053, Aorida Statues (II.S.). or applicatioDs pul'SU8llllD Rule 628-33 .013, Florida Administrative Code (F.A.C.), to be CONidercd by the Department (DEP) shall be aocompMied by • fee. An application will not be considered complete until the requited fee has been reocived by DHP. The total amount d_ is Ihe sum orlbe fees usused for each srruct:ure or activity. Ptease utilize this worlcsbeet to caJcula.tc the fce required pur1uant to ble 628·33.0085, F.A.C. Copies of Cbapta' 161, F.&. and Chapter 62B-33, FAC., as well as usi.stance from DEP staff are 8'V1.il.blc by calling (150) 43s-no&.
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2,000 TotoJ Roof Footprint - ft.' SingJe Family Dwelling with a roof footprint greater than 2400 n?
X
X 4,000
NOIl-Hlbitable Major Structure (At Grade Pool) X 1,000 (e.g.. roads., bridges. stomI Wllel'outfalls., cat.., pages, swimm ing pools) Multi-Family Dwelling 5,000 (e.g., hotels, apartment buildiDSS) PLUS $100 for each dwolling unit in the stnK:t\n::
X
100X
300 SOO JOO
1,000 Additions to II Multi· Funily OwcIIiTl3: Fir5c Unit Additioo(s) 10. Single Fllnlly Dwelling
2,500 PLUS SIOO for each .dditional unit X 100
150 Modification to apenoit "ra minorstructun: or activity which adds. new minor structure or activity (the arnOW'lt indicated in items 116, 1, or 8 above, or S5OO, whichever is greater) Modific.alion which iacludos revisions to a perminccl major structure or dwdling unit
l\6:)dification whidI includes revisions to. pennrtted minor structw'C or activity
500 Modificaaion to a permit for. major structure(s) which adds. new major stnJcture or
Other Attivitics (e.,., nlinor reconstruction of coastal protection structures. repairs to 500 rNjor s1ruct1Ircs, cKCavation, and rarge landscapiDg projects)
3,000 1------1Rigid Coutal Strucnlr": First 100 feet of length PLUS $500 ro..~ach addiliooal 50 feet of Icngth (includes return walls) f---,---; X 500 1---- --1
~mli l for a $1n1CNf'C..
l"t7'mit Applic.1lion F(c WOI:ahecl fur OEI' 7J- 100 (\Jpd1led 901)3)
REFUNDS: A fee payment submitted in excess of Ike amount requind or for In activity which Is c:"emp-t from the provisions of Rule 628·33.0015. F .A.C .. shall be refunded to tbe epplicant. A fee submiltcd 10 DEP sball nOI be refunded if the appltcafion is withdrawn. ~iecl. or if~ applK:al.k:Ulslo ocher agencies or IocII govem~ arc denied.
PERMIT PEE EXEMPTIONS: No fees arc assessed fOr: • Emer&eocy pennit applications pursuant 10 RIlle 628-33 .014, F ,A.C., • ApplicMioos fi)cd by agmcies ofgovemment ofthc executive bruchoflk State offlorida, • Applicatioas fOl' pcrmib pursuant to Section 161.0:52, F.S .. for work 10 be conduct.ed in countie$ where. no Coastal
CoA!truction CoubOl Line flu been established punuant to Sectioa 161.0:53, F.S. • Permit tr'arI$fm. or • fidd permits.
Field permits fur eertain miQOl structures and. activities including dune walkovers and docks meeting DEP sLtndards and spccificarioDJ are available lit no cost from DEP field represenlatlves. PS~ue contact the appropriate field reprtSeOtative (see below) foc specific information about which activities may be authorized by. fidd. penniL
F"tdd ~1'fSat..tive Coastal Counties SuvaI Co.tad IafonlJlrioa
I """'Id 8nodkv &camt,;L S_ RDa. "'" Walton The dispatch numbeT is: 1-877-314·1329
fOr all field representatives
rcp~tivc you wish 10
oon"'"
LoriOiiia r BaY: Franklin. Out£. and WaIwUa su..W... MAnatee PiDc:Ilas. and Sarasota Jennifer Cowart Charlotte.. Collier. and Lu TrcvHaich Duval Flae. ler Nassau and St. Johns John McDowell Brevard. Ilidian River and Volusia Mod TaVniOii Martin St. Lucio.. and Palm 8~ach WesJeVCicb Broward. Dade and Mo.roe
MAILlNC ADDRESS:
Please seod the fee paymeot along with a completed application fonn (OEP form 73~1 00) to: [)cpartmerit of Environmental Prdection ButeIU ofBtaebes and Coastal SysltnlS )900 Cornmonweaflb Bolilenr'" Mail Station 300 Tallobassee, Ftorida32399-3000
Ifthe fee is not submitted with the application fonn. please include wilh UJe payment the folloWLng infonnation: • Permit number {if known)
• County • Applie&nt name • Telephooe number
Ptrmit Appliatioo. Fn: Wer1<sbttI rot DF.P 1)·100 (Updated Il/OS)
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lie: DEPARTMENT OF ENVIRONMENTAL PROn::CfiON - DMSION OF WATER REsouRCE MANAGEMENT (FDEP) COASTAL CONSTRUCTION COmROL LINE (CCCL) PRx-APPucA.TION CONSULTATION FOR llIE PROPOSIW 2000 OCEAN DRIVEPRoJEcr, crrv OF IlALLANDAU BEAOf, BRoWAIlD COUNTY, FLORIDA- CNS-B0-0230
Date: August 16, 2013
Division neWater Resoucce Management 2600 Blair Slone Road, Tallahassee, FL
PARTICiPANTS: COMPANY~ Mr. Tony McNeal FDEP Mr. Fritz Wettstein FDEP Ms. Laura ShepbeJ1l Coastal Systems International, Jnc .
PURroS£: Review conceptual design plans and obtain DEP feedback relative to the proposed siting as it pertains to Line of Construction and the 30-yea"c Erosion Projection (30-YEP) for the Regency at 2000 S Ocean Drive (project), located in the City of Hallandale Beach.
I. DiscussioDs;
Ms. Shepherd provided the FDEP with a brief overview of the proposed Project Specifically, Ms. Shepherd reviewed the schematic site plan, renderings, survey, and line of construction exhibit submitted as part of the consultation file. She stated that the project proposes a 30-story tower, pool, and pool deck seaward of the CCCL. She also noted that the development does not include a below grade parking pedestal; that parking is proposed landward of the Tower in an open parking pedestal with amenity deck.
JO-vear Erosion Projection C30-YEP): Ms. Shepherd reviewed Coastal Systems' preliminary 30 YEP calculations for DEP input relative to confirmation of acceptance. Specifically, Ms
324300 August 21,2013 Meeting Minutes Page 2
Shepberd stated that Coastal Systems' calculated the 30·YEP by using the shortest distance from the MHWL to SHWL, which is 24 feet. As it is Coastal Systems' undentanding that the nourishment expiration date is 2026; thecefore Coastal Systems' assumed 17 non-credited years. Pursuant to a recent confinnation from Tony McNeal for B0-675, coastal Systems' also assumed that the erosion rote for this al<8 is I foot per year (at R-Monument R-124, R-125, and R-126). As such Coastal Systems' calculated a 30-YEP as 41 fed landward of the Erosion Control line (ECl1l24 II + (17 years· I ftIyear) = 41 feet].
However. Mr. McNeal noted thal Within this area. the FDEP is using a standard MHWL to SHWL distance oBO-feet. As such, the 30-YEP for the ar<a is calculated as 47 feet landward of the ECl [30 ft + (17 years • I ftIyear) = 47 feet].
Line of Construction Me): Ms. Shepherd also asked for DEP input relative to the line of construction. A lOC exhibit prepar<d by CoasIal Systems was presented. The exhibit overlaid theproposed site development onto the lOC survey and pr<Sellled both a Pool lOC and a Major habitable lOC. Ms. Shepherd noted that the major non-habitable (pool) and major babitable (tower) structures "'" proposed landward of the lOC, as shown within the exhibit Specifically, the proposed pool is shown located 41 feel landward of the EeL while the pool lOC is 21 fcct landward of Ibe EeL onsite. The tower is proposed 84 feet 5Y2 inches landward of the Eel, whereas the LOC for major-habitable structures is located 63 feet landward of the EeL.
Mr. Wettstein and Mr. McNeal botb noted that the structures appear to comply with LOC, as indicated within the exhibit and did not express any further concerns.
Siting location relative to the seawall: Ms. Shepherd confinncd that the site is developed arJd has an existing seawall to remain. Mr. Wettstein voiced concern relative to the close proximity of the pool to the seawall. Ms. Sbepherd noted that there is an existing pool located onsite approximately 18 feet landward of the adjacent seawall and that the proposed pool will be located much further landward and is not 8.f!ticipated to interfere with a seawall support system (tiebacks or dcadman).
ExcavationIFiH: Mr. McNeal asked how the excavated material will be addressed. Ms. Shepherd noted that excavation seaward of the CCCL will be fOl'the lower foundations and pool; that the proposed design does not include below grade construction seaward of1he CCCL. Ms. Shepherd noted that it is uoders100d that material must be balanced in the project vicinity and that she anticipates that a dune restoration project will be required.
Mr. McNeal asked if material would need to be placed seaward of the adjacent properties. Ms. Shepherd noted that. as excavation quantities are unknown at this time, beach/dune filion adjacent sites may be required. Mr. McNeal noted that a State Lands Letter of Consent will be required for all material to be placed east oftbe ECL. Mr. Wettstein also noted that public notice may be necessary if material is placed seaward of the adjacent sites. Ms. Shepherd noted that both those items wi11 be coordinate, as necessary.
324300 Augus12l.20l3 Meeting Minutes Page 3
IT. Otber Notes:
Ms. Shepherd notod that the plans wiU he revised to move the pool 47 feet landwatd of the EeL in order to comply with the 30-YEP.
She also, noted that a fonnaI applipation will be submitted within the next week.
Launo Shepherd
1M mrnuta 0IItIiMd Jwr.m rt,/IIJct tJu tIIIthor', inlDpnI,aIIOtI ofwltot waJ ~andprf3tf'lltd. Ifthey df/{er In any way from yow own intupntation, pho,fe ruptJIfd in writilrg witlrin 5 ~da]wfrom the dale ~ miru&.s Wn! pnp<IT«i. (Jr they wiU ". ~foctuaJ.
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ApPLICATION FOR A PERMIT FOR CONSTRVcnON SEAWARD ormE COASTAL CoNsTRVCfION
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Justification for Variance to Article III Section 8 of the City Code of Ordinances
For
Proposed Development of 64 Units at 2000 Ocean Blvd. Property
This request for a variance is submitted in conjunction with the pending application of B and H
Fort Lauderdale Beach LLC (“Applicant”) for Major Development Approval of a 64 unit
residential condominium on the property legally described on Exhibit A (the “Condominium”).
Article III Section 8 essentially prohibits construction seaward of the Coastal Construction
Control Line (“CCCL”) established by the Florida Department of Environmental Protection
(“FDEP”), unless certain criteria and conditions are met. A portion of the Condominium is to be
constructed seaward of the CCCL. Attached hereto as Exhibit B is a copy of the Application for
a CCCL Permit filed with the FDEP to permit the Condominium.
Pursuant to Section 8-74 of the City Code of Ordinances, the following criteria and conditions
must be met for a variance to be granted:
Section 8-74 (9) Conditions for variances are as follows:
a. Variances shall only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
b. Variances shall only be issued upon a:
1. Showing of good and sufficient cause;
2. Determination that failure to grant the variance would result in exceptional
hardship to the applicant; and
3. Determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, or extraordinary public
expense; create nuisances; cause fraud on or victimization of the public; or
conflict with existing local laws or ordinances.
In addition to the foregoing “conditions for variances”, Section 8-74 provides, in pertinent part:
(6) In passing upon such applications, the city commission or city manager, as
applicable, shall consider all technical evaluations, all relevant factors, standards
specified in other sections of this article, and the:
a. Danger that materials may be swept onto other lands to the injury of others;
b. Danger to life and property due to flooding or erosion damage;
c. Susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
d. Importance of the services provided by the proposed facility to the city;
cbardales
Typewritten Text
FTL 109344763v3
e. Necessity to the facility of a waterfront location, where applicable;
f. Availability of alternative locations, not subject to flooding or erosion damage,
for the proposed use;
g. Compatibility of the proposed use with existing and anticipated development;
h. Relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
i. Safety of access to the property in times of flood for ordinary and emergency
vehicles;
j. Expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, expected at the site; and
k. Costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer,
gas, electrical, and water systems, and streets and bridges.
Applicant offers the following justification in support of the granting of a variance from Article
III, Section 8 of the City Code of Ordinances to permit development of portions of the Project
seaward of the CCCL, as set forth on the pending application for Major Development Approval
and the attached FDEP application for a CCCL permit:
(1) The project will be constructed in compliance with Florida Building Code (“FBC”) Section 1612 and ASCE 24-05 by reference, which requires the following:
The lowest horizontal member of the lowest floor be located at or above +1.0 foot above the FEMA established BFE. Lowest floor does not include an unfinished or flood-resistant enclosure used solely for parking, building access, or storage.
Foundation systems shall be free of obstructions and attachments that will transfer flood forces to the structural system or that will restrict or eliminate free passage of high velocity flood waters and waves during design flood conditions. (Compliance with FEMA Free-of-Obstruction Requirements).
As required by ASCE 24-05 Section 4.2, the design shall also account for the following: o Waves breaking against the side or underside of the structure; o Drag, inertia, and other wave-induced forces acting on structural members
supporting elevated structures; o Uplift forces from breaking waves striking the undersides of structures; o Wave run-up forces including those deflected by the structure; and o Erosion and scour.
FTL 109344763v3
(2) The structure will be built in compliance with FBC Section 3109 – Structures Seaward of the Coastal Construction Control Line, which requires:
Foundations to be located below the DEP published design grade or be designed to withstand the associated forces, as determined by a site specific engineering analysis.
Breakaway walls below the DEP published wave crest elevation. Alternately, a 100-year storm analysis may be conducted to determine the site specific wave crest elevation. The site specific 100-year storm analysis wave crest elevation would be provided to the DEP for their review/approval, relative to wave crest determination.
Shearwalls will not be greater than 20% unless a hydraulic flow analysis can demonstrate that although the overall shearwall coverage is more than 20 percent, the increased shearwall length will not result in substantial increase of flow velocities and drag forces on the structural components of the proposed structure and neighboring structures.
The building will be designed and built to withstand the affects of the design storm event and therefore will not be a threat to public safety. Coastal Systems completed a 100-year storm impact analysis, which states that the proposed development:
Consistent with other structures in the Project area, the structures proposed above grade are set back 20 feet from the north and south property lines. Additionally, FBC-compliant structural design will be implemented to prevent a substantial increase of flow velocities and drag forces on the structural components of the proposed structures and neighboring structures. Consistent with subsection 62B- 33.005((4)(e), F.A.C., the construction is not anticipated to cause an increase in structure-induced scour of such magnitude during a storm that the structure-induced scour would result in a significant adverse impact. The proposed Project is not anticipated to result in a significant adverse impact to the beach-dune system.
Habitable spaces will be located above the DEP published wave crest elevation.
Stairwells and elevator shafts will be contained within shearwalls to prevent damage and allow for ingress/egress after a storm event.
(3) The project site contains an existing seawall, which is connected to seawalls on both the north and south site. This seawall provides a level of protection during storm events and will be maintained by ownership to prevent damage or excess erosion to the upland property.
(4) Failure to grant the variance would result in exceptional hardship to the Applicant in that:
The developable area will be reduced by approximately 1/3 of the land area owned by the Applicant and limit the development potential of
FTL 109344763v3
the site (this likewise would affect the overall value of the project at completion and reduce the amount of revenue generated to the City from ad valorem taxes attributable to the project);
The application of this code would be more restrictive than FEMA regulations, Florida Building Code, and FDEP regulations (see Response to No. 1, above, relative to compliance with existing code); and
The limitation of construction to the CCCL would be inconsistent with existing structures in the area as reflected on the line of construction survey prepared by Calvin Giordano, a copy of which is included in Exhibit B.
In conclusion, the City’s flood damage prevention ordinance is based, for the most part, on 44
C.F.R. part 60, subpart A, which “sets forth the criteria developed in accordance with the
[statutes authorizing the National Flood Insurance Program] by which [FEMA] will determine
the adequacy of a community’s flood plain management regulations.” 44 C.F.R. § 60.1(b).
However, the particular provision of the City’s Flood Damage Prevention ordinance that this
variance request seeks relief from does not have its origin in FEMA regulations. The provision
is based on the Florida Statutes mandating the Department of Environmental Protection
(formerly the Department of Natural Resources) to establish the coastal construction control lines
along the oceanfront areas of the state, in other words, the coastal construction control line. §
161.053(1)(a), Fla. Stat. Section 8-75(b)(3)a. Therefore, the variance being applied for does not
seek to provide a lesser standard of performance than would otherwise be required by the FEMA
standards.
The project proposes to limit increase to flow velocities and to limit increased erosion. Most importantly, the structure is designed to comply with applicable FEMA flood requirements as well as the FBC hurricane codes which will prevent failure of the structure and limit damage to the adjacent properties and public resources. The proposed design seaward of the CCCL will allow similar design and uses to other structures in the area relative to seaward structure location, overall footprint, and use. The location of the proposed structure with the tower portion of the Condominium as far seaward as possible was designed to create the least visual impact possible on adjacent existing residences. Based upon the foregoing, we respectfully request that the City Commission approve a variance from Article III Section 8 to permit construction of a portion of the Condominium seaward of the CCCL.
Exhibit B
, ' ... Tel; lOS-66t·36S5. Fax: 305-661·1914~ '. ". \ • _.c:.outIlIIysllttGl:int.cncn
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Coastal Construction Control Line I'ro8J8I11 Division ofWatcr Resource Management 3900 Commoowcalth Boulevard Tallahassee, Florida 32399
RE: DEPARTMVIT or ENvIRONMl!HrAL i'R01ECI1ON - DIVISION OP WATER REsoURCE MANACIEMIlNT (FDEP) COASl'AL CONSTRUCTION CONTROL LINE (CCCL) PERMIT MrUCATION FOR nlE RKc£NCY HOUSE DEVELOPMENT PROJI:cr, CITY OF HALLANDALE BEACH (CITY), BROWARD COUNfY, FLoRIDA - CNS-JI()..{)230
Dear Mr. Wettstein:
On behalf of B & H Fort Lauderdale Beach, LLC, this is to submit a FDEP Coastal Construction Control Line (CeCl) permit application for the Regency House Development project (Project) located at 2000 S. Ocean Drive, Hallandale Beach. This is to fonnally request a 5-year pennit (refer to the anticipated construction schedule submitted). To facilitate processing of this permit application, the following are enclosed:
I. Two (2) executed FDEP CCCL permit applications.
2. A ropy of the reconted wananty deed.
3. A description of the proposed work.
4. A proposed construction schedule. Please nole that this is to formally request that the CCCL pennit be issued as Q blscpermit.
5. Two (2) copies of the architectural site plan and cross-section (Sheets DEPl 00 ~
DEPI03) by Kobi Karp Archi1eCture and Interior Design dated July 22, 2013.
6. One (1) signed and sealed site survey by Calvin Giordano & Associates, field date May 17. 2013. An additionol signed and sealed copy ofthe survey was submitted as pari ofthe CJnsulltltfon file (CNS-BO-0230), which we request be made Q parI of this application package.
7. A draft Pennil Fee Worksheet with an estimated permit application fee of $12,900.00. based on one at grade POOl. one major habitable strucbJre with 64 units, and multiple minor structures (POOl deck. stairs. rwnp, etc). Please ccnflrm if {he applieD/ion fee as shown within the attached Workslreet is correctfor check issuance by ownership.
Notes:
I. Pennit Application Item 14 (page 2) - The Project does not include stonnwater discharge onlo. over, under' or across the beach and dune system. As such. we request a waiva' from item 20.
2. Penni! Application Item 20 (page 2) - The Project also does not propose a rigid coostal structure. As such, we request a waiver from item 20.
As previously noted within the Pre-Application Consultation Meeting Minutes, it is our understanding "'.t tiJe 3G-year Erosion Projection (3G-YEP) is calculated using. distance of30 feet from the MHWL to the SHWL. It is OUf understanding that the nOurishment expiration date is 2026; therefore, there are 17 OOJK:redited years. Pursuant to a recent coofinnation from Tony McNeal for BO~75. it is our understaDding that the erosion rate for this area is I foot per year (at R-Monument R-124, R-125, and R-126). Coast.l SY$CmS. with the assistance o(the FDEP, has calculated a 3G-YEP of47feet li!!!dwald of the EeL [30 ft + (17 years. I ftiyear) 47 [eet]. As such, tiJe pool has been relocated 47 feet landw.n! of the Erosion Control Line.
Additionally, tiJe major non-habitable (POOl) and major habitable (tower) Slructures are proposed landward of the LOC, as shown within tiJe previously submitted LOC exhibit (copy artached). Specifically, the proposed pool is located 47 feet landward oftiJe EeL while the LOC of major non-habitable structures is 21 feet landward of the ECL onsite:. The tower is proposed 84 feet 5 ;S inches landward of the EeL, which is in compliance witiJ tiJe LOC for major-habitable structures located 63 feet landward of the EeL onsite. As ~ tbis is to confmn based on OUT
Pre-Application meeting that the proposed project is in compliance with the LOe established within the LOC exhibit.
We respectfully request the FIlEP begin review of the CCCL pennit application for the Project Additional information wiU be submitted shortly. 'Thank you for your assistance. ShouJd you have any questions or require additional infonnation, please do not hesitate to contact me at (305) 669-6233 or via e-mail [email protected].
Sincerely, COASTAL SYSJ''I''fri1'
Enclosures
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COASTAL SYSTEMS INTERNA11ONAL, INC. 464 Soath OWe 16gbwt.y. Coc:s1 Gabltl. FlOlidJ. 33146 Tel 305-661-3655 . Fax: 305-661·1914 _.co~t.com
The Regency. Hallandale Beach
FERMIT FEE WORKSHEET
INSTRUCTJONS: Each apptic:aIioD fora Dew pcnnitor fOr. cbmge ill pennit stams punoant to Section 161 .053, Aorida Statues (II.S.). or applicatioDs pul'SU8llllD Rule 628-33 .013, Florida Administrative Code (F.A.C.), to be CONidercd by the Department (DEP) shall be aocompMied by • fee. An application will not be considered complete until the requited fee has been reocived by DHP. The total amount d_ is Ihe sum orlbe fees usused for each srruct:ure or activity. Ptease utilize this worlcsbeet to caJcula.tc the fce required pur1uant to ble 628·33.0085, F.A.C. Copies of Cbapta' 161, F.&. and Chapter 62B-33, FAC., as well as usi.stance from DEP staff are 8'V1.il.blc by calling (150) 43s-no&.
~,,~
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Jo<\o.tI(t""'f
2,000 TotoJ Roof Footprint - ft.' SingJe Family Dwelling with a roof footprint greater than 2400 n?
X
X 4,000
NOIl-Hlbitable Major Structure (At Grade Pool) X 1,000 (e.g.. roads., bridges. stomI Wllel'outfalls., cat.., pages, swimm ing pools) Multi-Family Dwelling 5,000 (e.g., hotels, apartment buildiDSS) PLUS $100 for each dwolling unit in the stnK:t\n::
X
100X
300 SOO JOO
1,000 Additions to II Multi· Funily OwcIIiTl3: Fir5c Unit Additioo(s) 10. Single Fllnlly Dwelling
2,500 PLUS SIOO for each .dditional unit X 100
150 Modification to apenoit "ra minorstructun: or activity which adds. new minor structure or activity (the arnOW'lt indicated in items 116, 1, or 8 above, or S5OO, whichever is greater) Modific.alion which iacludos revisions to a perminccl major structure or dwdling unit
l\6:)dification whidI includes revisions to. pennrtted minor structw'C or activity
500 Modificaaion to a permit for. major structure(s) which adds. new major stnJcture or
Other Attivitics (e.,., nlinor reconstruction of coastal protection structures. repairs to 500 rNjor s1ruct1Ircs, cKCavation, and rarge landscapiDg projects)
3,000 1------1Rigid Coutal Strucnlr": First 100 feet of length PLUS $500 ro..~ach addiliooal 50 feet of Icngth (includes return walls) f---,---; X 500 1---- --1
~mli l for a $1n1CNf'C..
l"t7'mit Applic.1lion F(c WOI:ahecl fur OEI' 7J- 100 (\Jpd1led 901)3)
REFUNDS: A fee payment submitted in excess of Ike amount requind or for In activity which Is c:"emp-t from the provisions of Rule 628·33.0015. F .A.C .. shall be refunded to tbe epplicant. A fee submiltcd 10 DEP sball nOI be refunded if the appltcafion is withdrawn. ~iecl. or if~ applK:al.k:Ulslo ocher agencies or IocII govem~ arc denied.
PERMIT PEE EXEMPTIONS: No fees arc assessed fOr: • Emer&eocy pennit applications pursuant 10 RIlle 628-33 .014, F ,A.C., • ApplicMioos fi)cd by agmcies ofgovemment ofthc executive bruchoflk State offlorida, • Applicatioas fOl' pcrmib pursuant to Section 161.0:52, F.S .. for work 10 be conduct.ed in countie$ where. no Coastal
CoA!truction CoubOl Line flu been established punuant to Sectioa 161.0:53, F.S. • Permit tr'arI$fm. or • fidd permits.
Field permits fur eertain miQOl structures and. activities including dune walkovers and docks meeting DEP sLtndards and spccificarioDJ are available lit no cost from DEP field represenlatlves. PS~ue contact the appropriate field reprtSeOtative (see below) foc specific information about which activities may be authorized by. fidd. penniL
F"tdd ~1'fSat..tive Coastal Counties SuvaI Co.tad IafonlJlrioa
I """'Id 8nodkv &camt,;L S_ RDa. "'" Walton The dispatch numbeT is: 1-877-314·1329
fOr all field representatives
rcp~tivc you wish 10
oon"'"
LoriOiiia r BaY: Franklin. Out£. and WaIwUa su..W... MAnatee PiDc:Ilas. and Sarasota Jennifer Cowart Charlotte.. Collier. and Lu TrcvHaich Duval Flae. ler Nassau and St. Johns John McDowell Brevard. Ilidian River and Volusia Mod TaVniOii Martin St. Lucio.. and Palm 8~ach WesJeVCicb Broward. Dade and Mo.roe
MAILlNC ADDRESS:
Please seod the fee paymeot along with a completed application fonn (OEP form 73~1 00) to: [)cpartmerit of Environmental Prdection ButeIU ofBtaebes and Coastal SysltnlS )900 Cornmonweaflb Bolilenr'" Mail Station 300 Tallobassee, Ftorida32399-3000
Ifthe fee is not submitted with the application fonn. please include wilh UJe payment the folloWLng infonnation: • Permit number {if known)
• County • Applie&nt name • Telephooe number
Ptrmit Appliatioo. Fn: Wer1<sbttI rot DF.P 1)·100 (Updated Il/OS)
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lie: DEPARTMENT OF ENVIRONMENTAL PROn::CfiON - DMSION OF WATER REsouRCE MANAGEMENT (FDEP) COASTAL CONSTRUCTION COmROL LINE (CCCL) PRx-APPucA.TION CONSULTATION FOR llIE PROPOSIW 2000 OCEAN DRIVEPRoJEcr, crrv OF IlALLANDAU BEAOf, BRoWAIlD COUNTY, FLORIDA- CNS-B0-0230
Date: August 16, 2013
Division neWater Resoucce Management 2600 Blair Slone Road, Tallahassee, FL
PARTICiPANTS: COMPANY~ Mr. Tony McNeal FDEP Mr. Fritz Wettstein FDEP Ms. Laura ShepbeJ1l Coastal Systems International, Jnc .
PURroS£: Review conceptual design plans and obtain DEP feedback relative to the proposed siting as it pertains to Line of Construction and the 30-yea"c Erosion Projection (30-YEP) for the Regency at 2000 S Ocean Drive (project), located in the City of Hallandale Beach.
I. DiscussioDs;
Ms. Shepherd provided the FDEP with a brief overview of the proposed Project Specifically, Ms. Shepherd reviewed the schematic site plan, renderings, survey, and line of construction exhibit submitted as part of the consultation file. She stated that the project proposes a 30-story tower, pool, and pool deck seaward of the CCCL. She also noted that the development does not include a below grade parking pedestal; that parking is proposed landward of the Tower in an open parking pedestal with amenity deck.
JO-vear Erosion Projection C30-YEP): Ms. Shepherd reviewed Coastal Systems' preliminary 30 YEP calculations for DEP input relative to confirmation of acceptance. Specifically, Ms
324300 August 21,2013 Meeting Minutes Page 2
Shepberd stated that Coastal Systems' calculated the 30·YEP by using the shortest distance from the MHWL to SHWL, which is 24 feet. As it is Coastal Systems' undentanding that the nourishment expiration date is 2026; thecefore Coastal Systems' assumed 17 non-credited years. Pursuant to a recent confinnation from Tony McNeal for B0-675, coastal Systems' also assumed that the erosion rote for this al<8 is I foot per year (at R-Monument R-124, R-125, and R-126). As such Coastal Systems' calculated a 30-YEP as 41 fed landward of the Erosion Control line (ECl1l24 II + (17 years· I ftIyear) = 41 feet].
However. Mr. McNeal noted thal Within this area. the FDEP is using a standard MHWL to SHWL distance oBO-feet. As such, the 30-YEP for the ar<a is calculated as 47 feet landward of the ECl [30 ft + (17 years • I ftIyear) = 47 feet].
Line of Construction Me): Ms. Shepherd also asked for DEP input relative to the line of construction. A lOC exhibit prepar<d by CoasIal Systems was presented. The exhibit overlaid theproposed site development onto the lOC survey and pr<Sellled both a Pool lOC and a Major habitable lOC. Ms. Shepherd noted that the major non-habitable (pool) and major babitable (tower) structures "'" proposed landward of the lOC, as shown within the exhibit Specifically, the proposed pool is shown located 41 feel landward of the EeL while the pool lOC is 21 fcct landward of Ibe EeL onsite. The tower is proposed 84 feet 5Y2 inches landward of the Eel, whereas the LOC for major-habitable structures is located 63 feet landward of the EeL.
Mr. Wettstein and Mr. McNeal botb noted that the structures appear to comply with LOC, as indicated within the exhibit and did not express any further concerns.
Siting location relative to the seawall: Ms. Shepherd confinncd that the site is developed arJd has an existing seawall to remain. Mr. Wettstein voiced concern relative to the close proximity of the pool to the seawall. Ms. Sbepherd noted that there is an existing pool located onsite approximately 18 feet landward of the adjacent seawall and that the proposed pool will be located much further landward and is not 8.f!ticipated to interfere with a seawall support system (tiebacks or dcadman).
ExcavationIFiH: Mr. McNeal asked how the excavated material will be addressed. Ms. Shepherd noted that excavation seaward of the CCCL will be fOl'the lower foundations and pool; that the proposed design does not include below grade construction seaward of1he CCCL. Ms. Shepherd noted that it is uoders100d that material must be balanced in the project vicinity and that she anticipates that a dune restoration project will be required.
Mr. McNeal asked if material would need to be placed seaward of the adjacent properties. Ms. Shepherd noted that. as excavation quantities are unknown at this time, beach/dune filion adjacent sites may be required. Mr. McNeal noted that a State Lands Letter of Consent will be required for all material to be placed east oftbe ECL. Mr. Wettstein also noted that public notice may be necessary if material is placed seaward of the adjacent sites. Ms. Shepherd noted that both those items wi11 be coordinate, as necessary.
324300 Augus12l.20l3 Meeting Minutes Page 3
IT. Otber Notes:
Ms. Shepherd notod that the plans wiU he revised to move the pool 47 feet landwatd of the EeL in order to comply with the 30-YEP.
She also, noted that a fonnaI applipation will be submitted within the next week.
Launo Shepherd
1M mrnuta 0IItIiMd Jwr.m rt,/IIJct tJu tIIIthor', inlDpnI,aIIOtI ofwltot waJ ~andprf3tf'lltd. Ifthey df/{er In any way from yow own intupntation, pho,fe ruptJIfd in writilrg witlrin 5 ~da]wfrom the dale ~ miru&.s Wn! pnp<IT«i. (Jr they wiU ". ~foctuaJ.
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ApPLICATION FOR A PERMIT FOR CONSTRVcnON SEAWARD ormE COASTAL CoNsTRVCfION
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