Agenda for December 19, 2007 - Staff Report for Item 6B

CITY OF HALLANDALE, FLORIDA

MEMORANDUM

Revised: 12-13-07

DATE: November 16, 2007

TO: Planning and Zoning Board

FROM: Christy Dominguez, Director of Planning and Zoning

THRU: Richard D. Cannone, Director of Development Services

SUBJECT: Applications # 67-07-Z, # 68-07-RD, 66-07-DB

By Hallandale Beach Business Center, LLC

134 South Dixie Highway

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I. BACKGROUND INFORMATION

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APPLICANT:

Hallandale Beach Business Center, LLC

Richard Shan, Agent/Developer

REQUEST:

Applicant is requesting, Rezoning, a Redevelopment Area Waiver and Major Development Review Plan approval in order to construct a new commercial office building at 134 South Dixie Highway.

The applications are as follows:

1. Application #67-07-Z Rezoning a portion of the subject property in order to construct ancillary parking on property presently zoned RS-6 Residential (Single Family) District

2. Application # 68-07-RD for Redevelopment Area Waiver pursuant to Section 32-178 (d)(12) of the 15 foot minimum front yard setback required by Section 32-178 (d)(2) for buildings within the South Dixie Highway Overlay District. (Planning and Zoning Board action is not required for this application).

3. Application # 66-07-DB for Major Development Review approval as provided by Article V Section 32-782 to construct a 17,985 square foot office building with associated parking.

LOCATION:

The property is located at 134 South Dixie Highway which is legally described as:

Lots 1-6 and Lot 19 less the north 10 feet thereof and Lot 20, Block 30, Town of Hallandale Plat.

PLANNING DISTRICT:

Southwest

PARCEL SIZE:

The total site has 47,576 square feet in area or 1.9 acres.

EXISTING ZONING:

Lots 1-6 are zoned B-G (Business General) District. Lot 19 less the north 10 feet and Lot 20 are zoned RS-6.The South Dixie Overlay District is also assigned to the property.

EXISTING USE:

The Moffett House is located on Lot 2. A two story residence is on lot 19 and 20. The remainder of the property is vacant.

PROPOSED USE:

Two story commercial office building.

COMPREHENSIVE PLAN FUTURE LAND USE DESIGNATION:

City: Lots 1-6 are designated General-Commercial.

Lots 19-20 are designated Residential, Low-Medium Density.

County: Lots 1-6 are designated Residential, Low-Medium Density.

Lots 19-20 are designated Residential, Low-Medium Density.

SURROUNDING ZONING:

N: B-G Business General District and South Dixie Overlay district

S: B-G and RS-6 across SW 2 Street

E: FEC Railroad across South Dixie Highway

W: RS-6. Residential Single Family District across SW 1 Avenue

SURROUNDING LAND USE:

N: Auto Repair Shop

S: Commercial and single-family residential and Commercial across SW

2^nd Street

E: FEC Railroad across South Dixie Highway

W: Residential, Single Family Uses

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II. LAND USE HISTORY

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RELATED LAND USE HISTORY:

On August 15, 2006 the City Commission approved Applications # 11-06-DB, # 12-06-Z, and # 13-06-PA by Hallandale Crossings LLC to build a 29 unit townhouse project at 130 SE 7 Street. As a condition of the projects approval, the City entered into a Development Agreement with the Developer on November 9, 2006. The Agreement specifies agreed conditions. The developer was to remit to the City prior to the issuance of the Certificate of Occupancy for Hallandale Crossings Development the following:

(a) $10,000 for the City’s Transportation Fund for the Mini-Bus Program;

(b) $ 9,000 for the City’s aerial fly fund;

(d) Shanco shall reserve one unit in any of Shanco’s projects within the City of Hallandale Beach to be sold to a qualified person of the City’s Housing Program as a price not to exceed $237,000.00

In lieu of the voluntary commitments noted above (a) through (d), the Developer may elect to convey to the City, the Moffittt residence not including the land (currently located at 134 South Dixie Highway, Hallandale Beach) and move the building to Bluesten Park located on SE 5^th Street or the Curci House Site located at 324 SW 2 Avenue (at the preference of the City) and reconnect the residence to utility services. Any additional improvements to the Moffitt residence shall be borne by the City.

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III. DETAILS OF THE APPLICATION/EXHIBITS

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DEVELOPMENT DETAILS:

The applicant's site plan depicts the following:

1. A 2-story office building totaling 17,985 square feet with parking on the west and south sides of the building.

2. Access is provided from SW 2 Street and South Dixie Highway via a driveway.

3. Seventy-two parking spaces are proposed. (Seventy-two parking spaces are required).

4. A new 5-foot concrete sidewalk is proposed along Dixie Highway and SW 2nd Street.

5. A landscaped, 6-foot high masonry wall is proposed along the west and north property lines abutting residential zoned property.

6. A 6-foot high masonry dumpster enclosure in the south parking area.

7. A total of 51 trees are provided for the development. (Thirty-three trees are required).

8. A 10 foot wide landscaped buffer strip abutting the south parking area along SW 2nd Street is provided as required. Five foot landscape buffers are provided around the perimeter of all vehicular use areas along the side or rear of common property lines.

9. Proposed building height is 30 feet.

OTHER SITE DETAILS:

None

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IV. INTERDEPARTMENTAL REVIEW SUMMARY

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The Development Review Committee (DRC) met several times on the subject application to discuss several revisions to the site plan. The applicant has complied with all staff comments and suggested recommendations. The DRC recommended approval subject to the conditions enumerated in Section IX of this report.

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V. COMPREHENSIVE PLAN CONSIDERATIONS

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A portion of the subject property (Lot 19 less the North 10 feet and Lot 20) is presently designated Residential Low Density on the City’s Future Land Use Map. Said parcel is also designated Residential Low Density on the Broward County Land Use Map. The applicant proposes to build ancillary parking on the residential zoned parcel for the office building proposed on Lots 1-6. He has requested rezoning of the residential parcel to B-G, Business General District.

The City’s and County’s Comprehensive Plan permits an increase and decrease of commercial and residential acreage in a flexibility zone in accordance with the Broward County Administrative Rules Document.

Section 2.5 of the Administrative Rules Document provides for a local government, through rezoning, to permit up to 5% of the area designated for residential on the City Future Land Use Map within a flexibility zone to be used for neighborhood office and/or retail in lieu of a local future land use map amendment. The applicant is requesting the 5% commercial flexibility rule be applied to the residential parcel to accommodate the rezoning from Residential to Commercial.

The reference parcel consists of approximately .25 acre. Presently, there are 26.55 acres of Commercial Flexibility Acreage available in Flex Zone 94. Applying .25 acre to the parcel will reduce the available acreage to 26.30 acre.

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VI. APPLICABLE CODES AND ORDINANCES

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1. The subject property is zoned B-G (Business General) and RS-6 (Residential Single Family) Districts. Article III, Section 32-160 lists the permitted uses for properties zoned B-G District. Article III Section 32-152(b) lists the permitted uses in the RS-6 District.

A parking area is proposed on lots 19 and 20 which are currently zoned RS-6. Parking lots is not a permitted use in RS-6 District. Therefore, the applicant is requesting to rezone this parcel to B-G District and assignment of Commercial Flexibility in order to allow the ancillary parking lot in the portion of the property presently zoned RS-6.

2. All new development is subject to the requirements of the Broward County Trafficways Plan.

The subject property is located on South Dixie Highway. Pursuant to the Broward County Trafficways Plan, Dixie Highway is designated as a One Way Pair 54 foot Minimum right of way requirement. The existing right of way of Dixie Highway is 50 feet. As a result, the applicant is required to dedicate 4 feet along Dixie Highway to meet the requirement. The developer’s proposal includes the required 4 foot dedication.

3. Article III, Section 32-160(d) sets the minimum development standards for properties zoned B-G District. Further, the property is also subject to the South Dixie Highway Overlay District requirements. When these standards are applied, the proposal meets all the applicable standards except for the specified minimum front yard and rear yard setback as follows:

Yard Setbacks	Required	Proposed	Deficiency
Front	15 feet	55 feet	4 feet
Rear (Bldg)	20 feet	52 feet	-0- feet
Rear (Carport)	20 feet	5 feet	15 feet
West Side (North)	10 feet	52 feet	-0- feet
East Side (South)	15 feet	15 feet	-0- feet

The

The applicant does not meet the front yard setback of 15 feet required for properties in the South Dixie Highway Overlay District. In addition, he proposes a canvas carport awning over the parking spaces in the west parking area setback 5 feet from the rear property line instead of the required 20 feet. As a result he seeks Redevelopment Area Waivers for the setback deficiencies.

a. The maximum height allowed under Article III, Section 32-160(d) (4)

(b) of the City Code is 100 feet to peak of roof.

The building is two-stories and has an overall height of 30 feet thereby meeting Code.

b. The minimum landscape area required by Article III, Section 32-160(d) (5) for the site is 15% of the total site area.

The applicant provides 14,388 square feet or 28.8% of landscaped area.

4. Article IV, Section 32-331(a) requires a 6 foot high landscaped masonry wall on all commercial properties that are abutting or separated by a public right-of-way from residentially zoned property. A minimum of 2 feet landscaped buffer is required between the wall and a public right-of-way.

The applicant provides a landscaped masonry wall along the south and west property lines abutting residential property as required by Code. A 2 foot landscape buffer is proposed between the proposed masonry wall and adjacent rights of way. A masonry wall is also proposed along the north property line abutting the commercial zoned auto repair shop.

5. Article IV, Section 32-455(c) (1) requires one parking space for every 250 square feet of gross floor area for office uses.

According to the above formula, 72 parking spaces are required. The applicant provides 72 parking spaces.

6. Article IV, Section 32-384(c) (3) requires one tree for every 1,500 square feet of total project area. Such trees shall meet the requirements stipulated in Article IV, Section 32-385(c) (2) and have a minimum height of 15 feet at the time of planting. Street trees are required to have a minimum of 20 foot at time of planting.

According to the Code criteria, 33 trees are required. The applicant provides 51 trees; however, the trees proposed on the plans do not meet the minimum height of 15 feet for on site trees or 20 feet for Street Trees. The applicant has agreed to provide trees of the proper heights as required by Code which meet or exceed the minimum height required.

7. Article IV, Section 32-635(b) requires an opaque dumpster enclosure of wood or masonry construction be provided.

The applicant provides a 6 foot masonry dumpster enclosure in the south parking area.

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VII. REVIEW OF APPLICATION CRITERIA

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Article VIII, Section 32-963 specifies the following criteria to be addressed in considering applications for rezoning and land use amendments:

(1) The relationship of the proposed amendment to the purposes and objectives of the City's Comprehensive Land Use Plan, when adopted, with appropriate consideration as to whether or not the proposed changes will further the purpose of this and other codes, regulations, and actions designed to implement said plan.

The proposed rezoning is consistent with and furthers the following Comprehensive Plan policies:

Future Land Use Element

Goal: To provide a coordinated and compatible mix of land uses which encourages a high quality of life meeting the social, economic and physical needs of the present and future population of Hallandale Beach, while insuring reasonable environmental protection and timely and efficient provision of services.

Policy 1.11.3: While the City should focus on the Northwest Planning District, the original Target Area for the City, the City should also commit resources to the expanded Community Redevelopment Area where neighborhood improvements are needed.

Objective 1.10: Land Use Consistency: The City shall manage growth and development through the continued administration, and enforcement of the Hallandale Beach Zoning and Land Development Code which shall ensure that future land uses remain consistent with this Plan.

Policy 1.12.2: The Growth Management (Development Services) Department shall evaluate impacts resulting from new developments to ensure that adequate facilities are either in place or planned so that Level of Service standards are not reduced.

Policy 1.16.1: Increase economic development and employment opportunities within urban infill and urban redevelopment area(s).

Goal: To provide a coordinated and compatible mix of land uses which encourages a high quality of life meeting the social, economic and physical needs of the present and future population of Hallandale Beach, while ensuring reasonable environmental protection and timely and efficient provision of services.

Objective 1.1: Levels of Service: The City shall continue to condition approval of development applications upon maintaining the provision of services at the Levels of Service (LOS) which meet or exceed levels specified in this Comprehensive Plan.

Policy 1.1.4: The City shall, through development regulations direct commercial

and industrial land uses to areas with existing public facility capacity.

Policy 1.2.1: The City shall reduce land use conflicts through prohibiting Incompatible commercial uses in residential neighborhoods, through enforcement of the Hallandale Beach Zoning District requirements. Commercial development shall be limited primarily to perimeter areas of Hallandale Beach’s planning districts (as delineated in this Element). Well-planned mixed use projects and appropriate neighborhood commercial uses in defined neighborhood commercial nodes are encouraged where they will improve an area or serve as neighborhood centers. However, commercial uses within residential areas shall not be considered incompatible if, through proper screening, buffering, design and access control, there are no significant noises, odors, fumes, vibrations or other negative impacts beyond the site boundaries, and provided the use is either tied to a neighborhood commercial node, or a peripheral commercial corridor or area.

Policy 1.3.3: The City shall maintain land development regulations intended to preserve and protect existing single-family neighborhoods from the negative impacts of incompatible land uses and nuisances.

Objective 1.5:Commercial Land Use: Maintain at least 2 commercial/business land use categories and corresponding zoning districts, covering at least 20 percent of the City’s land area, providing for neighborhood commercial, general commercial uses and commercial recreation uses. At least 40 percent of the land area designated for commercial use shall be devoted to commercial recreation and ancillary uses.

Policy 1.5.5: Commercial areas will continue to be regulated by development standards, such as, but not limited to, landscaped medians, right-turn only exits and other controls or designs intended to improve vehicular and pedestrian safety.

Policy 1.8.5: Encourage the preservation of historically significant structures in the City.

Policy 1.8.6: The City shall protect historical structures by enforcing Broward County regulations for the preservation of locally significant historical structures.

Policy 1.13: The City shall through implementation of the Broward County Trafficways Plan and the minimum City right-of-way is provided to serve existing and future development.

Compliance. The proposed rezoning will enable the two differently zoned parcels under single ownership to be redeveloped with commercial development which will greatly enhance Dixie Highway and the area.

(2) The proposed change would or would not be contrary to the established land use pattern.

Compliance. The proposed change would not be contrary to established land use pattern. The proposed office building and associated parking is appropriate and compatible with surrounding residential uses designed with proper screening, buffering and access control.

(3) The proposed change would or would not create an isolated district unrelated to adjacent and nearby districts.

Compliance. The proposed change would not create an isolated district. The parcel is adjacent to commercial zoned land to the east.

(4) The proposed change would or would not alter the population density pattern and thereby have an adverse impact upon public facilities such as school, utilities, and streets.

Compliance. The proposed change would not have an adverse impact on public facilities and will not generate any school students.

(5) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change.

Compliance. The existing zoning boundaries of the property are illogically inconsistent with the South Dixie Neighborhood Highway Plan which envisioned a mix of uses to support and service the area.

(6) Changed or changing conditions make the passage of the proposed amendment necessary.

Compliance. The existing residential zoning of lots 19 and 20 have not provided for redevelopment of the area. The proposed rezoning will allow for assemblage of a larger development parcel to accommodate the required parking for the proposed office building.

(7) Substantial reasons exist why the property cannot be used in accordance with the adopted land use plan and/or the existing zoning.

Compliance. The existing residential zoning of the parcel is inconsistent with the ownership and development plan for the area. There is a need for change to encourage redevelopment and reinvestment along the Corridor as envisioned by the South Dixie Highway Neighborhood Plan.

(8) Whether or not the change is out of scale with the needs of the neighborhood.

Compliance. The proposed change is not out of scale with the needs of the neighborhood. Rather, the proposal will have a positive effect on the property and encourage urban infill redevelopment and reinvestment compatible with the neighborhood. The property is also in close proximity to major arterial roadways to serve the needs of the neighborhood.

Major Development Review

Article V, Section 32-787 specifies the following criteria shall be utilized in the review and evaluation of applications for Major Development Review approval:

1. Natural Environment

The subject property is the site of the Moffitt House, a historical site in the City of Hallandale Beach. The applicant intends on relocating the house to the Curci property located at 324 SW 2 Street as per the Development Agreement between the City and Hallandale Crossings LLC.

There are no rare or historical trees on site. However, the developer proposes to preserve and relocate some of the existing coconut palms on site.

2. Open Space

The new building will be setback setback 11 feet from South Dixie Highway. Landscaping will be incorporated into the front, side and rear yard setback areas. Approximately twenty-nine percent of the site will remain landscaped.

3. Circulation and Parking

Article V, Section 32-787(d) requires that parking facilities for new development be designed to provide a defined internal vehicular circulation system which allows movement within the proposed development. The amount of on-site parking meets City Code and meets all City required landscape buffering requirements. The parking areas on the north, west and south side of the building have been designed with two-way driveways accessed from South Dixie Highway and from SW 2nd Street. Parking on-site is considered safe and efficient with circulated parking in the west parking area and a small amount of surface parking on the north and south side of the building. The subject parking and access areas have been designed for effective emergency and vehicle approach. Adequate two-way circulation lanes are provided to all on-site parking areas to help increase ease of circulation and navigation. Handicapped parking is located directly adjacent to the north entrance of the subject building.

4. Access Control

The City’s traffic engineering consultant has determined the proposed site will not generate enough traffic to require turn lanes due to the low driveway volumes, however, access is adequately controlled through the use of appropriate signage and striping. A traffic study conducted by Tinter Associates has determined that the low amount of trips generated by the proposed project will not impact any surrounding arterial streets. The City’s transportation consultant for this project, Michael Miller and Associates (MMPA) reviewed the traffic study and concurred with its findings. He noted South Dixie Highway is currently operating and is projected to continue to operate below capacity in the future.

Access ways have been designed to minimize traffic conflict and the amount of maneuvers required to safely access the site. Additionally, the driveway approaches are over 100 feet from any intersection.

5. Public Transportation

Broward County Transit services Hallandale Beach Boulevard, Dixie Highway and the general area. Bus stops are located approximately 500 feet to the south at the old city hall site and on Hallandale Beach Boulevard.

6. Community Services

One dumpster will be located in a concrete block dumpster enclosure in the south parking area. The proposed enclosure location is satisfactory for proper servicing by sanitation trucks. Water service for fire protection is available from an existing six inch water line located in SW 2nd Street.

7. Drainage

Drainage design will consist of adequate disposition of storm water without causing flow into adjoining public or private property. All paved areas will have underground catch basins for stormwater run-off. All landscaped areas will help maximize recharge through percolation.

8. Building and Other Structures

The proposed development consists of a two-story 17,985 square foot office building with surface parking. A canvas carport awning is also proposed along the west parking area to provide shade for parked vehicles.

9. Energy Conservation

The development has been designed in conformity with current Energy Code and Florida Building Code requirements for energy efficiency.

10. Concurrency Evaluation

According to Article V Section 32-782, determination of concurrency must occur prior to the approval of a building permit.

Staff has conducted a concurrency evaluation of the project relative to its impact on water, sewer, solid waste and drainage. Staff has determined that concurrency requirements for water, sewer, drainage and solid waste facilities have been met. Water, sewer and drainage calculations must be provided to the satisfaction of the City Engineer prior to the issuance of a building permit. The City reserves the right to require upgrades to the water, sewer, and drainage existing infrastructure at the time of development if it is determined the systems are inadequate or will be severely impacted by the development.

The developer has submitted an Impact Evaluation Report as required by Section 32-788 that addresses each issue. The following is a summary of the expected impacts to the various public utilities for reference.

Potable Water - According to the criteria in the Impact Evaluation Report, the development will generate the need for about 4,000 gallons of potable water per day. The City Water Plant is expandable to 15 Million Gallons Per Day (MGD). The plant’s current capacity is 9 MGD. The City’s current demand is about 6 MGD. There is sufficient capacity to maintain this development.

Wastewater - The City has a Large User Agreement with the City of Hollywood and several other communities for wastewater treatment. The City recently obtained additional capacity at the sewer plant.

The City’s current committed capacity is 7.85 MGD and the City’s total flow is 7.25 MGD. Based on the proposed development of 17,985 sq ft of commercial / office use, the wastewater demand for the site is 4,000 Gallons per Day (GPD). There is sufficient capacity to maintain this development.

The developer is required to pay for their share of additional sewage demand from the Hollywood Wastewater Treatment Plan as a result of their development. The developer will be required to pay the City $18,659.00. This amount is based on the estimated gallons of sewage demand in applicant’s Impact Study and the City’s cost to obtain additional capacity at the Plant.

Transportation System - The applicant was required to submit a traffic Study and Trips Run Report pursuant to Section 32-788 (g) for an analysis of the impact of the development as related to current and projected roadway usage and design capacities. The City’s consultant for this project, Michael Miller and Associates, reviewed the Study. According to the consultant, the number of trips generated by the development would have a deminumus impact to the surround area.

Financial Impact

The project has an anticipated assessed value of $5,854,000.00. It is expected the proposed development will generate approximately $6,586.00 in annual tax revenue to the City.

Redevelopment Area Waiver Criteria

Application # 68-07-RD related to this property is located within the South Dixie Highway Overlay, district, thus the requirements of Section 32-178 applies to the property. Section 32-178 (d)(12) allows the City Commission to modify any specified development standard through the Redevelopment Area Modification (RAM) process in lieu of a variance.

Redevelopment Area Modification Waivers may be approved by the City Commission if they determine the Code requirements to significantly inhibit neighborhood or structural improvement efforts. RAM’s are not subject to the variance criteria of Article VIII nor do they require Planning and Zoning Board consideration.

VIII. PLANNING AND ZONING BOARD RECOMMENDATION

Mr. Patterson recused himself from voting on the following application due to a conflict of interest.

The application was presented to the Planning and Zoning Board on November 28, 2007. The Board made the following recommendation:

Mr. Lovenvirth motioned to recommend approval with consideration to staff recommendations/conditions to the City Commission of Applications #66-07-DB and #67-07-Z by Richard Shan requesting Major Development Review Approval.

Ms. Dillard Seconded.

Motion carried by Roll Call Vote (5-0 for approval).

Mr. Lovenvirth motioned to recommend approval of Application # 67-07-Z rezoning a portion of the property located at 134 South Dixie Highway from RS-6 (Residential Single Family) District to Business General (B-G) District in order to allow development of a two-story, 17,985 square foot office building.

Ms. Dillard Seconded.

Motion carried by Roll Call Vote (5-0 for approval)

IX. STAFF RECOMMENDATIONS

Application #67-07-Z for Rezoning

The proposed requested Rezoning to B-G Business General District is consistent with the policies and objectives of the City’s Comprehensive Plan. The proposed Rezoning can be accommodated by using the Flexibility Rules without the need of a Land Use Plan Amendment.

Staff recommends the City Commission:

Adopt on First Reading the Ordinance rezoning the subject lots and the allocation of Commercial Flexibility Acreage to accommodate the rezoning and schedule Second and Final Reading for the January 9, 2008 City Commission Meeting at 10:30 A.M.

Application #68-07-RD for Redevelopment Area Waivers

The requested waiver from the minimum front setback required of 15 feet for the office building is the result of Broward County requiring a 4 foot right of way dedication for Dixie Highway. The applicant proposes a setback of 11 feet which still provides sufficient area for the utility easements required by the City Engineer.

Staff believes adherence to the Code requirement would inhibit redevelopment efforts to build the office building. Therefore, staff recommends the City Commission approve the waiver for the office building. However, in staff’s opinion, the setback waiver for the carport awning in the parking lot will not inhibit redevelopment improvements of the site and is not necessary.

Application #66-07-DB for Major Development

Based on the findings of fact contained in this report, the proposed development meets the criteria for Major Development Review of Section 32-787 of the Code and is recommended for approval subject to the following conditions:

1. The Developer shall pay to the City $10,000 to cover the cost associated with re-flying and re-generate an aerial photography of the aerial photo of the property after construction.

2. Developer will be required to dedicate a 10 feet drainage easement along Dixie Highway. In addition 15 foot utility easements will be required along SW 2 Street and SW 1 Avenue.

3. Developer will be responsible for constructing sidewalks and drainage along SW 2 Street and SW 1 Avenue.

4. Developer will be required to pay the City $1,214.00 which is the cost to incorporate the new development into the City’s water and sewer model and run the hydraulic analysis to determine what if any improvements or upgrades to the City Infrastructure are needed. The cost for any upgrades necessary as a result of this development will be borne by the Developer. The City’s Consultant, Hazen and Sawyer, must review plans and information to determine impacts and costs to existing facilities.

5. The Developer shall pay $18,659.00 for the purchase of additional sewer capacity at the City of Hollywood Regional Sewer Treatment Plant. Cost is based on a unit cost per GPD of sewer.

6. All utilities including electric, telephone, etc., must be buried in accordance with the City’s Design Guidelines Manual.

7. The Developer is responsible for installing the domestic and fire line services from and including the connections to the City Main on Dixie Highway or SW 1 Avenue up to and including the building.

8. The Developer shall include purple piping for irrigation purposes. Irrigation for the property shall be gray water (reclaimed water) system with the understanding that potable water will be used for the property until such time that reclaimed water is available.

9. The Developer shall incorporate environmental conservation measures into the project. These measures shall include the use of high efficiency air conditioning systems, energy efficient lighting, upgraded insulation and window reflective technologies.

10. All above listed monetary contributions and fees shall be paid by the Developer prior to the issuance of a building permit.

11. Prior to the issuance of the building permit for the development, the Developer shall relocate the Moffitt House to the Curci property or other agreed location.