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HomeMy WebLinkAboutR-2003-182-shiff zoning appeal - za RESOLUTION NO. 2003-182 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING RESOLUTION#2003-046,ADOPTED MARCH 25, 2003, TO MODIFY THE SITE PLAN (SP-05-03) SUBMITTED BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR PROPERTY LOCATED NORTH OF SW 45T" STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28TH WAY AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Michael Shiff of the Shiff Group, has requested approval of an alternate amended site plan (SP-05-03) to allow a surface boat storage area (for unit owners) in lieu of a marina for property located north of SW 45th Street, east of SW 30th Avenue, west of SW 28th Way and south of the Dania Cut-off Canal, Dania Beach,. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request for an amended alternate site plan dated July 25,2003, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved,subject to the following conditions: 1) That the Director of Public Services provides written approval of the paving material, prior to the issuance of a building permit. 2) No structure should be built over the boat storage area. It is further noted that the amended Site Plan is maintained in the office of the Growth Management Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically 1 RESOLUTION NO. 2003- 182 expire and become null and void unless building permits are obtained on or before 18 months from the date of this resolution. Section 3. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict.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 its passage and adoption. PASSED AND ADOPTED THIS 12TH DA GUS , 2003. OB ANTON MAYOR-COMMISSIONER A TES ROLL CALL: COMMISSIONER CHUNN —YES COMMISSIONER FLURY- YES RLENE JOH S N COMMISSIONER MIKES -YES ® CITY CLERK VICE-MAYOR MCELYEA -YES MAYOR ANTON -YES APPROVED AS TO ORM AND CORRECTNESS: BY: � - ' THdMAP J. N B O CITY ATTORNEY 2 RESOLUTION NO. 2003- 182 ')ENT BY: ,MICHAEL A. SHIFF & ASSOCIATES; 954 463 6552; JUL-31 -03 2:44PM; PAGE 2 .. a tl�1&9 roup 1103 E Lus Dins Boulcv•:,rd $',;te 200 Fort Lou(irrdale Flo,,J„ 33301 25 July 2003 954l4n:1 8900 F 9S4/463 s552 F1 Ror..AA C:004171R CC, C0613Sx www ,;k k con) O PV Mr. Larry Leeds Director of Growth Management City of Dania Beach, Florida Re: Hidden Harbor "Cape Fear'' "Alternate Site Plan Dry Boat Storage Dear Mr. Leeds As per our discussion I have attached for your review and processing 8 copies of the site plan tined Alternate Site Plan with Dry Bout Storage. As you are aware we are in the permitting stage with the various agencies For the dredgi)ig and construction of our marina. This is a long; and extensive process. We have been told that this process may take as long as an additional six months to complete and even aL that we are not assured of betting all the approvals required. This is not to indicate in any way that we have hit any obstacles or have received any indication that the permits will not be issued. The problems this time frame presents is that we are now at the point when we would like to and need to begin selling our units. We interest rates beginning to rise we want to be able tc allow for the maximum amount of families to enjoy our tremendous pr( jcct. As this development has been conceived as water related,the need to provide a space for boat dockage is imperative. The site plan 1 have submitted provides for the Cities approval ul'dry dockage in the unlikely event that we are unable to get the wet marina permitted. The area would be constructed of stabilized grass areas, completely screened by a masonry wall and landscaped. Although we much prefer to construct the wet marina and commit to do so if permits are received, many potential buyers have said they prefer the dry marina for the maintenance issues related to their vessels. Your 1;onsideration of this Alternate Proposal would be greatly appreciated. Sincerely Mic ael Shiff ,NCARB AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: AUGUST 12, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — AMENDED SITE PLAN REQUEST TO ALLOW A SURFACE BOAT STORAGE AREA IN LIEU OF A MARINA. 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Request by Michael Shiff of the Shiff Group, for property located north of SW 45th St., east of SW 30th Ave.,west of SW 28th Way, and south of the Dania Cut-Off Canal. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Letter from Michael Shiff, Shiff Group Resolution Public Hearing Notice/Mailing List Location Map Dry Boat Storage Site Plan 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Date: July 31, 2003 Laurence G. Leeds, AICP, Director Growth Management Department City Manager Date FT LAUDERDALE AIRPORT PLAT (158-19 i i - _. --- �_ ____._ _ . _ . ........... SW 42NDsST I. HOLLYWOOD f i i j Dania!Marine Park I ana I ( H i TREASURE COVE j VILLAS ;j I j i i � � I i I i I i I I i 8. _4.6..T..H.._CT _ I j GRIFFIN I ROAD _ - BAPTIST CHURCH I ._............ l i UNDER CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: August 12, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner V'Z_ REQUEST: Michael Shiff of the Shiff Group is requesting a site plan modification for property ("Cape Fear Parcen generally located north of SW 45th Street, east of SW 30th Avenue, merest of SW 28th Terrace, and south of the Dania Cut-Off Canal. Site Plan Modification To provide dry boat storage in lieu of a marina. • On March 25, 2003 the City Commission approved the rezoning of this property to PUD and a site plan for 55 townhouse and zero lot line units. At the northeast corner of the property the applicant originally proposed a 45 slip marina with 10 additional dock slips along the canal. The applicant is proposing to modify the previously approved site plan replacing the 45 slip marina with a surface boat storage area. The modified site plan has been proposed by the applicant as an alternative should the marina not be approved by the various county and state regulatory agencies. The boat storage area will be constructed of pervious grass paver block, completely screened by a six (6) foot masonry wall. STAFF RECOMMENDATION Approval provided the Public Works Director provides written approval of the paving material prior to issuance of a building permit. • NOTICE OF PUBLIC HEARING - CITY OF DANIA BEACH )lz-lzzw NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday, August 12, 2003, 7:00 p.m., or as soon thereafter as possible, in the Dania Beach 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: Request by Michael Shiff of the Shiff Group, for property located north of SW 45th Street, east of SW 30th Avenue, west of SW 28th Way, and south of the Dania Cut-Off Canal. The request is for an alternative, amended site plan to allow a surface boat storage area (for unit owners) in lieu of a marina. The property is legally described as: The west half of lot 6, all of lot 7, and the east half of lot 8, less the south 21 feet of said west half of lot 6 and all of lot 7, in block 3, lying south of the canal, of Marshall's Everglades Subdivision in Section 29, Township 50 south, range 42 east, according to the plat thereof, recorded in Plat Book 2, Page 32, of the public records of Dade County, Florida; Subject to a perpetual easement for a public right-of-way for vehicular, animal and foot traffic over across and upon the east 10 feet of the south 335 feet of said lot 6, together with a perpetual easement running forever for a public right-of-way for vehicular, animal and foot traffic over, upon and across the west 10 feet of the east half of said lot 6; and subject to a road right-of-way over the south 21 feet of said east half of said lot 8, said lands situate in Broward County, Florida, subject to conditions, 0strictions, limitations, reservations and easements of record in any. (Aka — "The Cape Fear Plat") Copies of the proposed petition are available for viewing in the Growth Management 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 Charlene Johnson, 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 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 Technician Publish: Friday, August 1, 2003 ` 720 oubiic Heating Notices NOTICE OF.P.UBUC HEARING' _CITY OF DANIA BE .NOTICE IS HEREBY GIVEN that a public hearing will be held�before,the City Commission'on Tuesday;August 12 2003,7:00 PM,or as soon thereafter,as possible; in`th6Dania Beach City Commission RoomlAdmims, dative Center, 100 West Dania,Beach Blvd Dania Beach;,Florida 33004;'for"the purpose ofhearing any comments which might be made to the following(e= quest Request.by Michael.Shiff of th'e:Shiff Group,for prop rty elocated north Of SW 45th Street,east of SW 30th Avenue;-west of SW,28th Way,and south of the Dania CuY-Off.Canal ,.The request, is.:for,an`alternative' amended site plan to,allow_'a surface boat storage area(for unit-owners)ih;lieu of a manna The".property'is,legally described as:The west half of i lot''6;all of;lot 7,and,the:east half of lot 8 less,the south`21 feet of said west half of lot 6.and all of 161:.7; in,block 3,lying;south of the canal,of Marshall's Ever glades Subdlvislon in Section,29;Township 50,south i range 42 east,according to the:plat thereof,recorded in'Plat Book 2,Page 32,of the public records of Dade County;Florida;Subject to a perpetual easement fora public right-of-way for.vehicular,animal and foot traf-' fit over across and upon the east 10 feet of the south 335 feet of said lot 6,togetherwith`a perpetual ease;. menf.running forever for"a`public right'of-way for ve= hicular,animal and foot traffic over,upon and across the-west 10 feet of the east halffof said lot 6;and sub-' ject tO aroad right-of-way over the south 21 feetof said,east half of said lot 8;said lands situatein Bro- ward;County,Floeida,`subject'.to conditions restric tjons limitations, reservations`,and,easements of • record m any'(Aka ;The Cape Fear Plat) Copies of the proposed petition are available for view- mg in the,Commumty.Development Department 106 West,Dania Beach Blvd., Dania Beach; Florida be, tween the hours of 8:00 AM.and 4:00 PM,Monday Friday please call(954)924-3645 for more informs tion.'interested parties may appear at the public hear- ink,and be heard with respect to the proposed peti'-. tion: in'accordance with the Americans With Disabilities Act,persons needing assistance to participate in any i of'these proceedings should contact Charlene John- song City Clerk, 100,W. 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