HomeMy WebLinkAboutR-2005-004 Motocross Appeal e
RESOLUTION NO. 2005-004
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE ZONING APPEAL REQUEST SUBMITTED BY THOMAS LAUBENTHAL,
REPRESENTING SOUTH FLORIDA SPORTS COMMITTEE,FOR PROPERTY
LOCATED AT 2600 SW 36T11 STREET, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 10.30 of Chapter 28 Zoning of the Code of Ordinances of the City of
Dania Beach, Florida, states that the City Commission shall hear and decide appeals where it is
alleged there is error in any order,requirement,decision or determination made by an administrative
official in the enforcement of this chapter; and
WHEREAS,Thomas Laubenthal,representing South Florida Sports Committee(Air Dania
Motocross),for property located at 2600 SW 36`h Street,Dania Beach,has requested renewal of the
occupational license for Air Dania Motocross Park,allowing the use to continue until September 30,
2005;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain request dated September 28, 2004 (ZA-57-04) for an
administrative appeal,a copy of which is attached and made a part of this Resolution as Exhibit"A",
is approved subject to the following conditions:
1) The applicant shall provide insurance in form and amounts acceptable to the
City Attorney and City Risk Manager Consultant.
2) The Applicant shall provide an executed document acceptable to the City
Attorney containing"hold harmless and indemnification"provisions that run
in favor of the City.
3) The Applicant shall ensure that each scheduled race is staffed by a licensed
medical rescue "BLS" unit which holds a valid certificate of need.
4) The subject occupational license shall expire September 30, 2005.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon passage
and adoption.
PASSED AND ADOPTED on January 11, 2005.
C.K. MCELYE
- - - MAYOR—COMMISSIONER
ATTEST: ROLL CALL:
COMMISSIONER ANTON - YES
(ZZLA_()�. COMMISSIONER CHUNN - YES
LOUISE STILSON COMMISSIONER FLURY - YES
CITY CLERK VICE-MAYOR MIKES —NO
MAYOR MCELYEA - YES
APPROVED AST ORM AND CORRECTNESS
BY: �. J
THOMA�JVIBTaRO
CITY ATTORNEY
2 RESOLUTION #2005-004
ury oT uania i3eacn, morma
Department of Community Development
Planning and Zoning Division
(954) 924-3645
General Development Application
❑ Assignment of Flex/Reserve Units
❑ Land Use Amendment
❑ Plat
❑ Plat Delegation Request
❑ Rezoning Date Rec'd: c - 9-�
❑ Site Plan
❑ Special Exception Petition No.: r1 A- 57- D�}
❑ Special Request
❑ Trafficwray Waiver
❑ Variance
❑ Vacation Request
❑ Other: -
AflPrn;
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND
SUBMITTED WITH ALL NECESARRV DOCUMENTS. Refer to the "Application Type" and
"Required Documentation" checklist to determine the supplemental documents required with
each application.
For after the fact applications, the responsible contractor of record shall be present at the board
hearing. Their failure to attend may impact upon the disposition of your application. As
always, the applicant or their authorized legal agent must be present at all meetings.
Location Address: Sw Tt V4"l,'� 6 c I EC,
Lot(s):T�AcT Block: -i Subdivision:
Recorded Plat Name: 04 PL,3'T`77—=7a
G'L21-VI- 0i-J,l
Folio Number(s): Q2ZZ1-01 -000 Legal Description: '5F-E A.7-7�cx+E-q Syv it CF
022y-vl - 04'(ov 3o /K3S-IE)OW Cx,
01-4 v 12CNAW &OCIL E5Q. �a5/93s- 1-137 F&)�-
19gq NE 191 --;Tk.� e-rk4aruG, PveNTOIZ.A,FL."�i'31?10
Applicant/ConsultanVLegal Representative circle one)7+E n'W S T. Lau 13Evi-rA x— .
t✓.61Zoc rAet7 �Lifn. PLAN7ATiOv fl . '33317
Address of Applicant: RE5- I 101 572 AVE, PLawTPFr,0 -j-L. 3-3 317-
Business Telephone: I yS5 Home: Y SY-3Q7-q i 7('- Fax: q'y 3 -7'i 1-71
Name of Property Owner: u
Address of Property Owner: AkOOO 7 0 41 N of 4 o wu&,2 T L-i`AL P21 ro G s FL -3 3 v
Business Telephone: J54-3?5.-i 71 Home:`f 5-Y-7y(e-`f i `); Fax: 79
Explanation of Request: >ZENa"a(- Or- OCCu PATk c N.1L (mot C,'O p.S E- 1'&Pe�a� .
Prop. Net Acreage: 12•o K . Gross Acreage: 12,o Ac Prop. Square Footage:
Existing Use: Proposed Use: tihc;7cc� sc PATIO ,
� 7�
Is property owned individually, by a corporation �rs c`'`""' 7�E or a joint venture? �047� *w��Do� -t""`
I
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below referenced corporation is the owner of subject lands described above and
that I, as a duly authorized officer, have authorized (Applicant/Consultan epresentati
—[ romas -1, unur3&,47&kP,,.. to make and file the aforesaid application.
Sworn to and subscribed before me Corporation Name:
`OQt -� Ew2m'n 5y�U2TS C-o-Mmr77k7E PVC,
This day of
Signature:
Date:
(Print Name)
Sign Nam of Notary Publ (Print Title) tL T)2, uC,.tt. 1_•JS3-163Q-49- 1860
State of( 7-► 04- )
k1�mE- 1901 5W 52AVE, �Fl,• 33317.
&u aL!4 taus: 704i Nw +v cY, GC`,CAL Sj0✓Cfrl65 33 vio,5
Print Name Notary Street Address, City, State and Zip Code
Commission Expires: 11S4--3'27 - t195 6,,5'Lt-327- 1171
Seal• �. Telephone No. & Fax No.
agiiEdOTARIZED
ERLY C.LANGLEYublic-State of Floridar&lon Ex;*
� es Dec 22 2007mission#DD 276914By Noilonol Notc
. )O OTARIZED SIGNATURE:
This.is to certify that the below referenced that the duly authorized persons are the owners of subject
lands described above and that all partners have authorized (Applicant/Consultant/Representative)
to make and file the aforesaid application.
Sworn to and subscribed before me
This day of 20�
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. & Fax No.
**Each partner must sign. Attach duplicate sheets as required. nn
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.7119
S4zY1RvFFYV Th
tA MUMS _ROAD n.
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NOT 10 SCALE
Legal Des,crlp t1on
• Tract Nine (9), Block One (1), and the North 700 feet of Tract Ten ('10), Block one (1) and the
,"osl 1760 feet of Tract Four '?IocA Two (2), a// In Secllor; Twenty-Nine (29), Township Fifty (50)
South, Range (42) East, according to the Plot thereof recorolec! In Plot Book ;?, Page J2, of
the public records Of Dade County; i-lorlVc. Sold lands situate, /.,vinq cnd beinq In 3rowurd
Coul u -ty; F-lorida.
1,175S that certain portion of &act We (1), Block Orre (7), desr:ilbecy as follows.
Oo.r,renclnq of the !Vorhhwe,sf (NW) corner of the Northeast one--quarter (NE 171.14) of solc
Section Twenty-Nine (2g? thence F'oster(j, along the North line of Northoost o,)e---9Lj('7r"'-.'-
a of 365.00 feet, thence Soul,'?erfir Pi;raiiel lc /"?c A/f-sl //,-e of sa/d
(NE 11,14), mckinq an angle in the SOL).MCCSZI quodror�l .14' 1.5", a distance of
2000 Net to the Point of Beginning; thence continuing South evy jQnq the lost mentoped
cows, 0 dis(ance of 225.00 feet n'?0!e Or /e.VS to the hank of U :'oAe' thence Eoseef/y
the Said bank to (:! poWf hekg 49COO Net East of i'lr:e 0", the "Vorthe:'c-s." o'-'e -
oucrter (AIF 714)(.)f Secfinn 'weny-Mme Q m f) d 2,5.5 fret mere of less Soo!,", of said North
.-
Me of the Northeast one-quarter (NE 710) of Section Twenty-Nke (19); thence /Vo"behy,
pera/le'l to the said West line of Ye Northeast one-quarter (,VF of Section Twenty- Nine
a d1stonce of 255.00 feet more or less to a point 20 Get South of (h,-, said .North line of the
Northeast one crier (NE- 7/4) of Section Twenty-NXne thence Wester/y parallel to the soi(y
North, line of the Vortheost one-quarter (29) rroklnq on
lncl_d ' 5' 45 h �7
A 50 LE55
i AAl of "tU P. PLA r„ according to plat thereof os recur,le(f in Ptct Bp 1.R Page a of
the
F g
public records of Broword County, Florida.
i
TOLE,-HER WI TH-
The Fast 760.00 feet of the North 100.00 feet of Tract 3, Block Two (12) ,'y'ing R'ortheri v of o certain
lOc7nal easement, said easement being recorded in Deed Book 722, Poge ,394, B,-owcrd County Re cords,
in Section 29. Township 50, South, Range 42 East, according to txe p/a( thereof recorded in Plct
ok 2 Page 32, 'of the public records of Dade County, Floride.
There are no other easements, road reservations, or
rights-of-ways of record affecting this property per Chicago
Title Insurance Comoony of New York. Commitment No.
10-1390-10000-711, dated November 25th, 2001. at 11:DO 'a.m.
5)There ore no other easements, road reservations or rights-of--way per Plot Book 2, Page .32,
Broword County .Records.
6)Easements per Deed Book- 502, Page 367 cnd 372 Broword County Records does not affect
this property.
7)Easement per Deed Book 722, Page 39.3 Broward County Records may, affect this property
((llegible document)
8)Eosements per Official Records Book 1604, Page 192 anal 193 Broword County Records may
affect this property (not specifically delineated)
9)Resolution per :-')ff.,'cia1 Records Book 384,3, Page 410 and Officia/ Records Book 4442, Page
847, both of 6'roward CountY Records effect this property (no specifically delineated easements
contained therein)
1011Worranty Deed per Official Records Book ,'3985, Page 507 Broword County Records affects
this property (no specifically delineated easements contained therein)
12)Agreement per Officiol Records Book 23974, Poge 746 Broword County Records offects this
property (no eosemer�ls contained therein)
15)Easement per Otficiol Records Book 3()777, Page 1116 Broword County Records offects thrs
Property as
asPlY"nts and righ --ts-ofwoy, U CERTY CAT/ON
red record plat(s). The suhiect property We hereby certify that this survey meets the minimum to
other easements rood reservations or standards as set forth by the Rondo Boord of Professia,
by McLaughlir, Engineerir,q Company Surveyors i- Chapter 61617-6 Florida Administrative Code
its if any not ioccteci } to .Section 472.027, rorida Statutes.
--less sealed with or, emnossed Noted of Fort Lauderdale, Flor,%da this 70th Day of donuar
f?esur--krd this 25th dov of June, 2000.
Acreage added this 13th do), of September, 2001.
nor :.nee not infer 7:7!r or Resurveyed tree location mode & lake location & Souna'in
dov of December, A?07-
11
-,','e Ca�nmit,-rent & Ce,�tif;�otion added :`,his 28th
:athPr wrSe 70 teal.
December, 2001.
;' V at of
Revised moni`o-ng web's e/evata-)n & located add!bonar rti:
/V.F. COrr�e� ��;
2004.
T is Propert v Is Zoned
^�ot,onal Geodetic Ver'ic,,i De!u,7� (industrial Reseorch Office Marine) OCZAI-A I-1Z 67NG'1NEL�/7
y fn�s: District setbacks
Street = Min. JO'or. Bld. height whichever is greote.%
)c Zone "Af-, Bose E7ev.=7.0: tirde -20, or /P Bldg. ,height whichever Ls grecte!-
Map No. 72011C0306 .` l.e.or 20' or ,'/2 8r'dg. height whichever rs (7-enter
'593, Dated August 1B, 7992 Voigh t=62' or 5 Stories
r 2 '997 JERALD A. Y b
dosed on Mercator Grid system, 'eglstered Long' Serve)
.State Of ,';,,
v i.,u'',
_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
Ask
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AGENDA ITEM NO. `
1. DATE OF COMMISSION MEETING: JANUARY 11, 2005
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—AA-57-04—ADMINISTRATIVE APPEAL
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Request by Thomas Laubenthal representative for South Florida Sports Committee, for
property located at 2600 SW 36`h Street, Dania Beach, Florida.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Resolution
Staff Report
• Letter from Applicant
Application
Public Hearing Notice
Mailing List
Location Map
Submitted by:
Laurence G. Leeds, AICP, Director Date December 29, 2004
Community Development Department
City Manager Date
t
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4
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director L, c��---
DATE: January 11, 2005
APPLICANT: South Florida Sports Committee
REQUEST: Request to allow Motocross Park (2600 SW 36rh
Street) to operate until September 30, 2005
The subject parcel was originally zoned M-1. In May 1994, the Commission
amended the zoning code to allow motocross parks as a "special exception" in M-
1 zoning districts. At the same time, the Commission granted special exception
approval for a motocross (motorcycle) facility on the subject parcel, subject to
several conditions, among them the following:
(1)Platting shall begin within six months.
'(2)The special exception shall be good for one year.
• (3)The track shall be operated for no more than 90 days per year.
In August 2000, the subject property was rezoned to IROM to encourage tax-
base intensive industrial/distribution/office development. IROM zoning was
amended in March 2002 to exclude indoor and outdoor commercial recreation
uses.
The City Commission granted Motocross approval to operate until September 30,
2004. The applicant wishes to continue operating until September 30, 2005.
RECOMMENDATION
Community Development defers to the recommendation of Fire-Rescue and the
City Attorney relative to liability/public safety issues.
•
Motocross Park-Occ License Extension 1-11-05.doc
CAD LANDSCAPE INC.
4310 W. Broward Boulevard, Plantation, Florida 33317
954-327--1955 phone 954-327-1171 fax
Thomas J. Laubenthal Registered Landscape Architect
•
September 28, 2004
Mr. Larry Leeds, Director
Growth Management Office
City of Dania Beach City Hall
100 Dania Beach Boulevard
Dania Beach,Florida 33304
Re: Air Dania Motocross Park
Dear Mr. Leeds:
As the landscape architect of record for this project and as a representative property owner, I am hereby
formally requesting the opportunity to be scheduled on the next immediate October 2004 City Commission
Agenda, for review of the Occupational License.
We have been diligently working toward a sale and closing on the property which has not transacted as yet.
There is still more work to be done toward closure of a deal, most of it associated to the Brownfield Grant
which is managed by your friend and Broward County servant Mr. David Van Landingham of the DNR He is
looking forward to speaking with your directly to substantiate the significant efforts applied by us to resolve the
•grant issues. He is also there to qualify that this grant is both essential to "any sale"of the land and it does not
benefit the seller but only the buyer. For the City of Dania Beach to insure a viable sale that has the ability to
reclaim this:complicated site in the form of a usable tax base, this grant is the key element.
The property owners have invested years of time and a fortune in funds to securing this grant to facilitate this
objective. Absolutely no offer has ever been presented to the sellers that could materials, specifically due to the
cost of reclaiming the land. If reclaiming the land were not truly the issue, then it would have sold long ago.
That is a fact, and Mr. Van Landingham will be the first to assist you in understanding the issue and bringing
forward information to be presented to the Commission to substantiate it.
Our Application for is complete and our check is in hand to process our request to be heard. The burden of
proof remains ours to present considering only that we have the right to be heard.
Sincerely Yo s
Tom Laubenthal, RLA
Landscape Architect.
- CC: Brian Pennick, SFSC
HP 2 9 20004
David Van Landingham of BC DNR
• 954-327-1955 954-327-1171(Fax) #S-71555
Thomas J. Laubenthal LA-0000563
NOTICE OF PUBLIC HEARING
a CITY OF DANIA BEACH
APPEAL OF AN ADMINISTRATIVE DETERMINATION
I
l
• NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
January 11, 2005 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room,
Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of
hearing any comments which might be made to the following request:
AA-57-04 — Request by Thomas Laubenthal, representative for South Florida Sports
Committee, for property located at 2600 SW 36th Street, (2600 Collins Rd.) Dania Beach,
Florida.
The applicant is requesting renewal of the occupational license for Air Dania Motocross Park,
allowing the use to continue until September 30, 2005.
Copies of the proposed petition are available for viewing in the Community Development Department, 100
West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday -
Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed
petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954)
924-3622, at least 48 hours prior to meeting.
Any person who•decides to appeal any decision made by the City Commission with regard to any matter considered
at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a
l0verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal
is to based.
Lou Ann Cunningham
Planning Associate
LOCATION MAP
Publish: Friday, December 31,2004
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