HomeMy WebLinkAboutO-2006-034 Marina Mile Rezoning (Bigger) ORDINANCE NO. 2006-034
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B.
BIGGER, III (RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD
84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS
LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO
MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local
planning agency, has reviewed this Ordinance and recommended its approval to the City
Commission; and
WHEREAS, the City Commission has considered this Ordinance at a duly noticed public
hearing according to law; and
WHEREAS, the City Commission finds that this Ordinance is necessary for the
preservation of the public health, safety and welfare of the City's residents;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the rezoning request filed by William B. Bigger III, for property
located at 2501 State Road 84, within the City of Dania Beach, Florida, is granted and the parcel,
as described in Exhibit "A", a copy of which is attached to this Ordinance, is rezoned from the
"C-3" zoning classification to the "MA-I" zoning classification.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSED on first reading on November 14, 2006.
PASSED and ADOPTED on second reading on November 28, 2006.
PATRICIA FL RY
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS T FO AND CORRECTNESS:
BY: q
TH MA SBRO
CITY AT ORNEY
2 ORDINANCE#2006-034
EXHIBIT "A"
LEGAL DESCRIPTION
Property is legally described as: 5042-20-41-0010 — Tract `A', of Staff Marine Plat as
recorded in plat book 148 at page 27 in the public records of Broward County, Florida.
Said lands situate, lying and being in Broward County, Florida.
3 ORDINANCE#2006-034
CITY OF DANIA BEACH Agenda item� a
Agenda Request Database
Date of Commission Meeting: 11/28/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) X❑
Award Bid/RFP ❑ Presentation ❑ Continued from:
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ORDINANCE NO.2006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B.BIGGER,III
(RZ-67-06),FOR PROPERTY LOCATED AT 2501 STATE ROAD 84,IN THE CITY OF DANIA BEACH,FLORIDA,WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A",A
COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3(COMMERCIAL),TO MA-1
(MARINA MILE),SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
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Dept: Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
RZ-67-06: The applicant, Margaret Croxton, on behalf of the property owner William B. Bigger III, is requesting a change
the zoning from Commercial (C-3)to Marina Mile (MA-1)zoning for the property located at 2541 State Road 84
(SECOND READING).
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Ordinance
Staff Report
Application
Public Hearing Notice
Location Map
Mailing List
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
Submitted by
Laurence Leeds Date
Department Director
Laurence Leeds Date
HR Director
Date
Finance Director
Date
City Attomey
Date
City Manager
Date
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Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
STAFF REPORT
DATE: November 28, 2006
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director c- 4ol—
SUBJECT: Corinne Lajoie, AICP, Principal Planner RZ-67-06: The applicant, Margaret Croxton, on behalf of the property
owner William B. Bigger III, is requesting a change the zoning from
Commercial (C-3) to Marina Mile (MA-1) zoning for the property located
at 2541 State Road 84 (SECOND READING).
REZONING
To change the zoning from Commercial (C-3) to Marina Mile (MA-1).
Property Information:
ZONING: Commercial (C-3)
LAND USE DESIGNATION: Industrial
PROPOSED USE: Truck Rental
REZONING
The subject property was annexed into the City in 1990. In 2000 the City changed the
commercial districts from the Broward County zoning to the City commercial zoning district.
When the zoning changed some uses that were previously allowed became illegal.
On August 8, 2006 the City Commission approved a new zoning district called Marina Mile
(MA-1), which allows many uses that were originally permitted with the original Broward
County zoning.
The applicant is requesting to change the zoning of the property to MA-1 to allow truck
rental on the site.
CITY COrv1MISSION PREVIOUS ACTION
On November 14, 2006 the City Commission approved the request on first reading.
PLANNING AND ZONING BOAT .D RECOMMENDATION
On October 18, 2006 the Planning and Zoning Board recommended approval.
B3/17/2086 11:08 3545?41270
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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 duty au zed officer, have authorized (Applicant/Consuttant/Representatl„e)
G to make and file the aforesaid application.
Swom Cto and subscribed before me Name:
This I day of 20_gi(
Signature:
Date: `` U V 6
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(Print Name)
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JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This Is to certify that the below referenced that the duly authorized persons are the owners of subject
lands descrl above nd #hat all partners have authorized (Applicant/ Itan Representative)
to make and file afore—said application.
Swom to and subscribed before me
This L day of_.�G 20 O�
Signature:
Date:
(Print Name) ,'
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I Meat site plan and variance approval automatically expires within 12
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APPLICANT,CONS ANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
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INDIVIDUAL OWNER NOTARIZE®SIGNATURE:
This is to certify that I a the fee simple owner of subject lands escri a e a that I have
authorized (Applicant/ n�ita epresentative)
make and file the of ication. to
Sworn to and subscri bef me :Date:
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1313 S Miami Road#F
Fort Lauderdale,FL 33316
Phone(954)494-1900 Fax(934)524-1220
E-mail croxtonma rr aol com
September 22, 2006
Rezoning request for Staff Marine
City of Dania Beach
This parcel owned by William B. Bigger III is being requested to be rezoned, to the new
Marina Mile District(MA1), which was recently created, after a unanimous
recommendation of the Planning and Zoning Board,by a unanimous vote of the City
Commission. The property owner believes that city zoning, which does not permit
previously permitted uses, devalued the property and has caused problems with lessees
obtaining occupational licenses. The property, formally a gas station has been leased by
the owner in past years to boat, car,truck and sales leasing companies. This relatively
small parcel is surrounded on three sides by the properties owned by Joseph J. Rubano.
We believe it should be grandfathered in for uses that are currently planned by Atlantic
Truck Center until rezoning. The lessee plans to expand to the contiguous piece of
property it currently leases. The new Marina Mile Zoning District is the appropriate use
for this property and returns rights to the owner that he had under county zoning.
Members of the Marina Mile 84 Association—including President William B. Bigger III
—believe that properties that were previously county zoned were inadvertently harmed
by the City's zoning change. After years of work with city staff, we were successful in
creating the new Marina Mile Zoning District, which will now allow businesses that want
to rezone to former legal uses to do so.
It was represented to the P&Z board and the Commission that this property would be
applying for zoning relief.
These previous and current uses are in keeping with the Marine District along State Road
84 and are an economic benefit to the city.
We appreciate the cooperation of staff and this effort.
Respectfully submitted,
SEP 2 2 2006
Margaret A Croxton Planning
President, Margaret Croxton Enterprises Inc. Department
Executive Director,Marina Mile Association
2860 Marina Mile Blvd. Suite 117
Fort Lauderdale, Florida 33312
Telephone 954-791-9666
Facsimile 954-680-7801
March 17,2006
Mr. Phillip S. Mass, President D
Atlantic Truck Center
2565 W State Road 84 SEP 2 2 2006
Fort Lauderdale, Florida 33312 planning
R-Es Lean Proposal—2541 Building epartment
Dear Nft. Mass
Please find illustrated below the general terms and conditions under which William B. Bigger, III.
Florida:
(Landlord)is willing to lease to your firm the Building at 2541 State Road 84, Fort Lauderdale,
® L PREMISES: A 2,000+/_Rentable sf Building on a 28,792 sf Site
2. USE OF PREMISES: Automotive/Truck Sales
3. TERIvi: Five(5)Years
4. ZONING C-3 City of Dania Beach(currently being re-zoned to C-5)
5. DEPOSIT: Upon execution of the lease for the premises, Tenant shall t
Landlord the first and last month's rent plus a securitydeposit pre-pay u o
to one month's rent. equal
6. NET RENT: $7,000.00 per Month NNN with annual increases 4%.
7 OPERATING EXPENSES: Estimated at$1144.60 per month. Actual budget
to be provided with lease document. Operating Expenses shall be
reconciled annually and adjusted accordingly.
8. ACCESS: Tenant shall have access to the premises 24 hours a da 7
week. Y, days a
1
9. OCCUPANCY: September 15, 2006
10: OPTION: Landlord will have the option to cancel the lease with 3 months
written notice anytime after the I'year of the lease
These terms are binding upon both parties only upon full execution of a lease document.
We thank you for your interest in the 2541 Building. We would be most please to provide you with any
additional information you may require. Upon acceptance by Tenant of these terms, a lease will be
drafted for your review.
Sincerely,
WA% V(!/ . gD"
William B. Bigger, III, CCIM® Raymond D. Mansfield, CPM®
CEO President
ACKNOWLEDGED AND AGREED:
TENANT: Atlantic Truck Center
BY
DATE
CC: Les Stevens
2
Office
or Retail Site
2541 State
Road 84
Dania Beach, FL
v
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EXISTING BUILDENC;
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. SITE PLAN
K'EST BOUND STATE ROAD 34
Access: o mile east to 1-95, 1-595 to Port and
Airport. West to F'Orida i urnpike and
s� Boca Raton
western Bro%i and County \ 7 e
Traffic Count: 36.000 \\ r se
Building Size: 2,430 SF Ist 1,9SC sf, 2nd r�-
Land Size: ? 4iC sf
8,791 SF, �03' fronta,e x 1 50' depth
1
-
Parking: 34 spaces
Zoning: B-3 Brow Count,=
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Former Use: Gas station, marine c� auto saics - fuel �_f o' Ft:Lauderdale
tanks removed 1983 and inspected by
Environmental Control 3oard
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ommen Highly visible comer retail _ite located a�u llywood.
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http://66.55.51.198/map_print.asp?folio=504220410010&f6lionum=&minX=926455.340... 10/13/2006
NOTICE OF PUBLIC NEARING
CITY OF DANIA BEACH
SUN- SENTINEL MARINA MILE REZONINGS.
NOTICE IS HEREBY GIVEN that a public hearing wi
PUBLISHED DAILY be held before the Citylbmmission,on Tuesday,N(
vember 28.2006.or as soon thereafter as possible,I
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA the Dania Beach City Commission Room,City F(all,10
West Dania Beach Blvd..Dania Beach,Florida 3301)
BOCA RATON, PALM BEACH COUNTY, FLORIDA for the purpose of hearing any comments which mlo
MIAMI MIAMI DADE COUNTY FLORIDA be made to the following:
> > RZ-64-06-Request for a Zoning map change hid
Commercial(C-3)to Marina Mile(MA-1)district,byA
seph J. Rubano for property located at 2501 Stat
Road 84.
STATE OF FLORIDA Exhibit A-Property is legally described as; 5041
20-26-0010-1"h=Bonnie Plat,Plat Book 114,Page4(
COUNTY ARD/PA EACH/MIAMI DADE Parcel A ano jOC2 20-00-0111 -Parcel C a pafcei'C
BEF E T DERS�PT , PERSONALLY APPEARED Ian.'. m the west ono southwest
one-quarter
of the East one-hb
th
law' i of the southwest one-quarter (SW1/4) of th
northeast one-quarter(NE1/4)of Section 20, TovA
ship 50 South,Range 42 East Broward County,FW
O; ON OATH, SAYS THAT da,more fully described as follows:Beginning at W
HE/SHE IS A DULY AUTHOFWED REPRESENTATIVE OF THE CLASSIFIED point of intersection formed by the East line of th
said west one-half(Wi/2)of the East one-half(E1/9
DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED of the southwest one-quarter (Swt/4)of the North
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE right-of-way-quarter
line of state of Road No.section0 and the nort,
hence
ATTACHED COPY OF ADVERTISEMENT, BEING A: eriy along the said east line a distance of 20o f
thence southwesterly parallel to the said north H t
of-way line making an included angle of 75 Y
NOTICE OF PUBLIC HEARING 52-a distance of 90 feet;thence southerly pa'W61 t,
the said east line,making an included angle of 10c 3(
08 a distance of 206 feet to a point on the said nortl
IN THE MATTER OF; right-of-way fine of state Road No.84;thenco nor*
easterly along said right-of-way line a distance of 91
feet to the point of beginning.Broward County,Florl
MARINA MILE REZONINGS da.
RZ-65-06-Request for a Zoning map Chang@ frori
Industrial Research Office Marine(IROM) to Marine
IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE Mile(MA-1)district,by Joseph 1.Rubano forpr%*M
located at 2555 and 2565 State Road 84.
ISSUES OF: Exhibit A-Property is legally described as:5642-
20-42-0010; 0020 and 0030- The R.P.M. Plat, P16
Book 149,Page 35,Parcel'A',Parcel'B' and Parcq
11/17 13062848 'C'. said lands situate, lying and being in Browaf4
County,Florida.
RZ-66-06-Request for a Zoning map change fry,
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Industrial Research Office Marine PROM)Mile Mile(MA-1)district,by John A.Verkey,forproperty.la
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, cared at 2200 state Road 84.
Exhibit A-Property is legally described as:5o0qq,;�
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY 20-02-0410-A portion of Tract 16.Seaboard Farnt$,
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY,FLORIDA, according to the plat thereof, recorded in plat boob
t 8,page 22,of the public records of Broward Courtly,
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Florida, more particularly described as follows BO-
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ginning at the southwest corner of the intersectionbt
the south right-of-way line of State Road 84,and t&
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF west right-of-way line of Ravenswood Road and.run-
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT Way line of Raven in a lswood Road,direction la dlstan a of the west nethuun-
HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR dred forty feet(140')to a point;thence in a wastedy
CORPORATI ,ANY DISCOUNT, REBATE, COMNSSION,OR REFUND, FOR THEto a point
a distance of one hundred fifty feet 654
tans
to a point;thence in a northerly direction a distance
PURPO URING T ADVERT SEMENT FOR PUBLICATION IN SAID of one hundred forty feet (140') to a point on the
south right-of-way fine of State Road 84;thence In an
NEW AP easterly direction along the south right-of-way lirtejDf
State Road 84 a distance of one-hundred fifty feet
(150')to the point of beginning.Less that portion ly-
ing within the State Road 84 right-of-way as described
(SIGNATURE OF AFFIANT) in official record book 13665.Page 300,of the public
records of Broward County,Florida.
RZ-67-06-Request for a Zoning map change from
Commercial (C-3)to Marina Mile(MA-1)district, by
SWORN TO AND SUBSCRIBED BEFORE ME William B.Bigger III,for property located at 2501 State
ON: 17-November-20 6 A.D. Road 84.
Exhibit A-Property is legally described as:5042-
20-41-0010-Tract A,of Staff Marine Plat as recorded
in plat book 148 at page 27 in the public records of
? ,o�✓ __-..,_._ Broward County,Florida.Said lands situate,lying and
_'r v being in Broward County, Florida.
Copies of the proposed rezoning requests are avaii-
able for viewing in the Community Development De
°�•�, Idella Johnson partment,100 West Dania Beach Blvd.,Dania Beacri,
Florida between the hours of 8:00 a.m.and 4:00 p.m.,
e .Commission#00326508 Monday-Friday please call(954)924-3645 for more
04 Expires June 6, 2008 information. Interested parties may appear at the
,p p public hearing and be heard with respect to the pro-
OR Fw porMaE Tmr Fain•Meum—.ur.. A,115.7019 posed petition.ln accordance with the Americans
With Disabilities Act,persons needing assistance to
participate in any of these proceedings should con-
(NAME OF NOTARY,TYPED, PRINTED, STAMPED) tact Louise Stilson, City Clerk, 100 W. Dania Beach
Blvd,Dania Beach,FL 33004,(954)924 3622,at least
48 hours prior to meeting.
PERSONALLY KNOWN OR Any person who decides to appeal any decision
made by the Planning and Zoning Advisory Board or
.the City Commission with regard to any matter con-
PRODUCED IDENTIFICATION ;sidered at this meeting or hearing will need a record
;of the proceedings and for such purpose may need to
jensure that a verbatim record of the proceedings'is
made, which record includes the testimony and evi-
dence upon which the appeal is to based.
Lou Ann Cunningham
Planning Associate
November 17,2006
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
MARINA MILE REZONINGS
NOTICE.IS HEREBY GIVEN that a public hearing will be held before the City Commission, on
Tuesday, November 28, 2006, or as soon thereafter as possible, in the Dania Beach City Commission
Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing
any comments which might be made to the following:
RZ-64-06—Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by
Joseph J. Rubano for property located at 2501 State Road 84.
Exhibit A - Property is legally described as: 5042-20-26-0010 - The Bonnie Plat, Plat Book 114, Page 40,
Parcel 'A' and 5042-20-00-0111 - Parcel "C" a parcel of land in the west one-half (W 1/2) of the East one-half
(E 1/2) of the southwest one-quarter (SW 1/a) of the northeast one-quarter (NE '/a) of Section 20, Township 50
South, Range 42 East Broward County, Florida, more fully described as follows: Beginning at the point of
intersection formed by the East line of the said West one-half (W 1/2) of the East one-half (E 1/2 ) of the
southwest one-quarter (SW 1/a) of the Northeast one —quarter (NE 1/a) of Section 20 and the north right-of-way
line of State Road No. 84; thence northerly along the said east line a distance of 200 feet; thence southwesterly
parallel to the said north right-of-way line making an included angle of 75' 92' 52" a distance of 90 feet; thence
southerly parallel to the said east line, making an included angle of 104 30 08 a distance of 200 feet to a point on
the said north right-of-way line of state Road No. 84; thence northeasterly along said right-of-way line a
distance of 90 feet to the point of beginning. Broward County, Florida.
RZ-65-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to
Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2555 and 2565 State Road 84.
Exhibit A - Property is legally described as: 5042-20-42-0010; 0020 and 0030 — The R.P.M. Plat, Plat Book
149, Page 35, Parcel 'A', Parcel `B' and Parcel `C'. Said lands situate, lying and being in Broward County,
Florida.
RZ-66-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to
Marina Mile (MA-1) district, by John A. Verkey, for property located at 2200 State Road 84.
Exhibit A — Property is legally described as: 5042-20-02-0410 — A portion of Tract 16, "Seaboard Farms",
according to the plat thereof, recorded in plat book 18, page 22, of the public records of Broward County,
Florida, more particularly described as follows: Beginning at the southwest corner of the intersection of the
south right-of-way line of State Road 84, and the west right-of-way line of Ravenswood Road and running in a
southerly direction along the west right-of-way line of Ravenswood Road, a distance of one hundred forty feet
(140') to a point; thence in a westerly direction, a distance of one hundred fifty feet (150') to a point ; thence in
a northerly direction a distance of one hundred forty feet (140') to a point on the south right-of-way line of State
Road 84; thence in an easterly direction along the south right-of-way line of State Road 84 a distance of one-
hundred fifty feet (150') to the point of beginning. Less that portion lying within the State Road 84 right-of-way
as described in official record book 13665, Page 300, of the public records of Broward County, Florida.
RZ-67-06 — Request for a Zoning map change from Commercial (C-3) to iNIarina Nlile (MA-1) district, by
William B. Bigger III, for property located at 2501 State Road 84.
Exhibit A — Property is legally described as: 5042-20-41-0010 — Tract `A', of Staff Marine Plat as recorded in
plat book 148 at page 27 in the public records of Broward County, Florida. Said lands situate,lying and being
in Broward County, Florida.
Copies of the proposed rezoning requests 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 please call (954) 924-3645 for more information. 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, (954)924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or 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 verbatim 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
Notice Date: November 17, 2006
PUBLIC HEARING NOTICE MAP 2006
MARINA MILE PROPERTY REZONING
Legend
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