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repealed to the extent of such conflict.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
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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
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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. Dania Beach Blvd, Dania f,
Beach, FL 33004,(954) 924-3622, at least 48 hours
prior to meeting. E.
Any person who decides to appeal any decision made r
by the City Commission with regard to any matter 9
considered at this meeting or hearing will need a s
record of the proceedings and for such purpose may
need to ensure that a verbatim record of the proceed-
ings,is made, which record includes the testimony
and evidence upon which the appeal is to based.
Lou Ann Cunningham
Planning Technician
August 1,2003
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