HomeMy WebLinkAboutR-2003-236 ZA-74-03 motocross zoning appeal v
RESOLUTION NO. 2003 - 236
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY
STEVEN K. TILBROOK, ESQ. REPRESENTING SOUTH FLORIDA
SPORTS COMMITTEE, FOR PROPERTY LOCATED AT 2600 SW 36T"
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, Steven K. Tilbrook, Esq., representing South Florida Sports Committee (Air
Dania Motocross), property located at 2600 SW 361h Street, Dania Beach, has requested a
zoning appeal from the following decision of the Director of Community Development, that a
motocross facility (outdoor commercial recreation) is not a permitted use in an Industrial
Research Office Marine (IROM) zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain request dated September 30, 2003 (ZA-74-03) 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) Envirodyne will provide a letter to the City, within two days, confirming that there are no
contaminants and no risks for users of the motocross track;
(2) The applicant understands that no further application would be presented to Director Leeds for
continued motocross use at the site.
Section 2. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
1 RESOLUTION NO. 2003-236
Section 3. That this resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED THIS 14T" DAY OF O TOBER, 2003.
BO AN ON.
MAYOR-COMMI IONER
ATTES ROLL CALL:
COMMISSIONER CHUNN -YES
COMMISSIONER FLURY-NO
RA LENE JOH-�/ ON COMMISSIONER MIKES —OUT OF ROOM
CITY CLERK VICE-MAYOR MCELYEA -YES
MAYOR ANTOW YES
APPROVED AS TO F M AND CORRECTNESS:
BY: �_ , � A
-
THOM'At 0. A BRO
• CITY ATTOR Y
2 RESOLUTION NO. 2003-236
SENT,-BY: ENVIRODESIGN ASSOCIATES, INC. ; 561 274 8558 OCT-16-03 5:22PM; PAGE 1 /4
C 0 V E R
"V 7'
m
Associates,incorporated
TO: Larry Leeds,AICP—Growth Mgmt Dept. Fax #: 954-924-3642
Cc: Steven Tilbrook,Esq. 954-524-5506
Brian Penick 954-7964074
From: Joseph A. Pike
Subject: Environmental Opinion Letter for Dania Motocross Property
Date: October 16,.2003 Time: 4:56 P.M
Pages: 4,including this cover sheet.
COMMENTS:
Dear Mr. Leeds:
Per our phone conversation of this date,I have attached my opinion letter on the Motocross Property
for your review and comment As you had indicated by phone,this faxed information will serve to
satisfy the 48-hour submittal deadline imposed upon our client by the City Commission. However,
please let me know if the attached letter does not address your specific concerns and we will attempt
to modify it accordingly. Otherwise,we will send you an original signed and seated copy via mail
when you have indicated that you are satisfied with its content.
Thank you for your assistance in this matter, and please call if you have any questions or if you
should need any additional information.
From the desk of...
Jqaeph A.Pike
ErrviroDesign Associates,Inc.
2W Pineapple Grove Way
Delray Beach,FL 33444
(561)274-6500
0Aw9H-dPGa\1 999\9935-penick\TiIbmok\VX0)-Leeds.doc Fax;(561)274-8668
SENT• BY: ENVIRODESIGN ASSOCIATES, INC. ; 561 274 8558; OCT-16-03 5:22PM; PAGE 2/4
-f
Associates,Incorporated
October 16, 2003
Larry Leeds,AICP,Director
Growth Management Department___
City of Dania Beach
100 W. Dania Beach 131vd.
Dania Beach,FL 33004
IRE; Dania Beach Motorcross Property,2600 SW 36*Street,Dania BeAch,FL(Site)
Dear Mr. Leeds:
This letter is prepared as a supplement to the testimony provided by Scot Wehmeyer to the Dania Beach
City Commission on October 14,2003. This letter also incorporates the attached letter dated October 8,
2002 which addressed the conditions at the Site. The conditions at the Site, and the status of the
environmental assessment,are as set forth below.
1. On August 21, 2002, the FDEP issued a comment letter which released the Site from
further environmental assessment, with the exception of elevated levels of aluminum,
iron and manganese in the groundwater.
2. We know of no evidence to indicate elevated levels of contaminants or harmful
conditions in the surface waterers or the surface soils at the Site.
is
3. We know of no evidence to indicate that the conditions of the groundwater could or will
affect the surface waters or the soils at the Site.
4. We know of no avenues for human exposure to the elevated levels of contaminants in the
ground water at the Site.
Accordingly,based upon the evidence of existing conditions,and based upon the representations of the
Owner,we know of no environmental conditions at the Site that present a known or quantifiable risk to
human health.
Thank you for your attention in this regard.
Yours very truly,
V
Jo A. Pike,PE
o da Registration#42696
cc: Mr. Brian Penick
0:\word-dut.s11999\9935-]xnick\Tilbroo"-Leeds DaniA.final•doc
2981Pineapple Grove Way o Delray Beach,Florida 33444
Phone(561)274-6500 Fax(561) 274-8558
WT-14,2003 TUE 04:31 PM FAX N0, 4
P, .01
FAX TRANSMISSION
SHUTTS &BOWVEN LLP
WACHOVIA CENTER,SUITE 2000
200 EAST BROWARD BLVD.
FT.LAUDERDALE,FLORIDA 33301
(954)524-5505(Main)
(954)524-5506 (Fax)
To: Larry)reeds, AICP,Director Company: City of Dania Beach
Fax#: 954-924-3642 Phone: 954-924-3600
Date: October 14, 2003 .Pages: 6, including cover sheet
From: Stephen K. Tilbrook,Esq. User 1 D: 0392
Cl/Ma# 1.5915,0002
Subject: Dania Beach Motorcross
COMMENTS: As you requested,please fliad attached information regarding the
following:
• 1. Temporary Restroom Facilities,per Sect. 64E-6 of the Florida
Administrative Code, and
2. Environmental Conditions and the lack of a risk to human health.
Thank you for your attention and consideration in this regard.
Attachments
This facsimile contains privileged and confidential information intended only for the use of the addressee named above. If you arc not tho intended
recipient of this facsimile,or the employee or agent responsible for delivering it to the intended recipient,you are hereby notified that any
dissemination orcopying of this facsimile is strictly prohibited.If you have received this facsimile in error,please notify us immediately by telephone
and return the original facsimile to us at the above address via the U.S.Postal Service. Thank you.
NOTE:PLEASE CALL IMMEDIATELY IF ALL PAGES ARE NOT RECEIVED
\ MAIN NUMBER:(954)524-5505
® THE PERSON SENDING THIS FACSIMILE IS: Audrey
UU'1'-14-2003 TUE 04:32 PM FAX N0, 4
P. 02
SENT BY: ENVIRODESION ASSOCIATES, INC.; 561 274 8558; OCT-14-03 10:05AM; PAGE 1/3
a
_� ,
8 Amoclates,Incorporated
EM
To; Mr.Brian Panicle VU M 954-796-4074
W.Steven Tilbrook,Esq, 954-524-5506
FrOw: Scot E.Wehmeyer
Subject: (October 8,2oQ2 Saeau M7 Letter
Date: October l 4,2003
Nes: 3,including this cover shoot. me' 9:31 AM
COMMENTS:
Dear Gentlemen:
Please find enclosed document prepared for the Dania Motocross Property last year.
please Bail if YOU have any questions or if you need any additional information.
•
PMM ft dock d,�.
Soot&Wahmy®r
SnYWO"On ABeccWw,Inc.
298 PIrmp*GMv*Way
WIMP Beach.FL 3340
U:lwucd dua►U 99s11993s•PonfOklTUbeodt18995 aw a uy lintel&W&Z.dw (661)2r4-M
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UU'I'-14-2003 TUE 04;32 PM FAX N0, 4
P. 03
SENT SY: ENVIRODESION A880CIATE8, INC.; 581 274 A558; OCT-14-03 10:06AM; PAGE 2/8
Associates,Incorporated
South Florida Sports Committee,Inc. October 8,2002
Attn:Mr.Brian Penick
7041 NW 400 Court
Coral Springs,FL 33065
RE: Danis Motocross Property,2600 SW 361'Street,Dania Mach,FL
Dear Mr.Penick:
The purpose of this letter is to address the environmental conditions associated with the FDFP
Consent Order for the Dania MOtorcross Property(Site),and to address any concerns n
to human health associated with the contamination documented in the FDEP Consent Ordercgrisks
Envirol)"p Associates, Inc. (EDA) has been working closely with the Florida Department of
Environmental Protection(FDEP)in an effort to resolve the remaining t she
gr eerruoYi environmental issues a a Dania Motocross property in accordance with the existing Consent Order Ata sas the
work,performed to date by this office and existing environmental compliance informatiaas d offer
the following information regarding the Site.
It is our understanding that South Florida Sports Committee has under en an extensive cleanup of
this Site over the past eight(S)years. EDA's first involvement at the Site began in September 1994
with the removal and subsequent disposal of tire ask lsden soil loud near the northwestern corner
of the Site. With the exception of the areas lying west of the property boundary
te, all
impacted soils in this area were removed to the satisfaction of the FDEP. EDA subsequently Srbecame
involved with the Site again in 1999 to resolve the remaining issues of the Consent OrderAgreement
as identified by the FDEP including the following Site conditions: 1) Cadmium levels in the
southwest pond, 2) area that formerly supported an abandoned fuel storage tank, 3) elevated
concentrations of Aluminum, Iron,and Manganese in the groundwater at the Site,4)the tits fire
impacted soil area located west of the northwest corner of the Site, 5) elevated Lead levels in the
groundwater at the Site.
In July of 2000,a Supplemental Site Assessrncnt report was prepared by this office addressing these
specific five issues which was subsequently submitted to the FOEP for review and comment, 'The
final results of this supplemental assessment indicated that with the exception of the elevated levels
of Aluminum, Iron, and Manganese present in the groundwater of the'Site,all testing parameters
were below detection limits or within the applicable Groundwater, Surface Water, and/or Soil
Cleanup Target Levels as defined in FAC Chapter 62-777. On August 21,2000,the FDEP issued a
comment letter which released the Site from further environmental assessment activities with the
exceptions of the elevated levels of Aluminum,Iron,and Manganese present in the ground water.
o:avail-dDCIAIOM0435-paukkrubroomM$wumna y toter awl&o
AO GrO ve Way v Delray Beach,Florida 33444
Phone(561)974-6500 F (56a)274-R
SSS
PAGE 2V OC AT*1412003 9:36:32 AM R10c m 0410M Timel'SVR:FAKSERVM14"DNM:TP791 C$0:§61274 SW DUItATIDN(mmis):01.10
ut;i-14-M3 TUE 04:33 PM FAX N0, 4
P. 04
_
SENT -BY: MTAODESIGN ASSOCIATES, INC.; 561 274 8558;
OCT-14-03 MOM; PAGE 3/3
It is our understanding that the Site is eeurendy used 8s a motocross park, and that the Site is
anticipated to be developed for an industriWwarehouse use, Based UPOn
yOur WOO our understanding that the visitors to the Site hate no exposure
to he representations,
de groundwater,
i.e.,t it is
are not functioning wells at the Site,and the users.of the Site have no contacttwwith thegroundwater),(i there
Since you reprayent that then is no avenue for users of the motorcross park to be eposed to the
groundwater,it is reasonable and lagictt to Conclude that the groundwater contamination referenced
in the FDEF Consent Order should not present an unreasonable risk to human health.
We trust that this letter sufficiently addresses any Concerns rc m
the mOtocross park. Please do not hesitate to call if ou have g the questions
r retal uireWnd ion8 at
assistance. Y any questions or require further
Sincerely yours,
EnviroNsign Associates,Ync.
Scat E.Wehmeyer
Senior Project manager
CC Mr.Stevan T'ilbrOck 8 .,$hung 6L Bowen
B9
9 Amodatesy Inc. October 8, 2002
Denis Motw=s
i 2600 SW 36`h Street, Dania, Florida Page 2
PAGE 313=RCVDAT 1a1 IN39:56:32AM(Fasten Day9gilt Time]'SVR.FAM NM;l9T9'CSM:561274 WMATION(mmas):01-10
UUT-14-2003 TUE 04:33 PM FAX N0, 4 P. 05
(50)Spoil material.any part of the existing drainfield,any adjacent soil material within 24 inches vertically and 12
inches horizontally of the drainfield,and any soil that has visible signs of effluent that has been removed as part of a repair,
modification or abandonment of an onsite sewage treatment and disposal system.
(51)Standard subsurface drainfield system-an onsite sewage treatment and disposal system drainfield consisting of a
distribution box or header pipe and a drain trench or absorption bed with all portions of the drainfield sidewalls installed below
the elevation of undisturbed native soil(see Figure 3).
STANDARD TRENCH DRAINFIELD SYSTEM
12"MIN. UNDISTURBED
NATIVE SOIL
12"
LUP TO 36"
24"
WET SEASON WATER TABLE
UNSUITABLE SOILS
•
FIGURE 3
(52)Subdivision-as defined by s.381.0065(2)(n),F_S.
(53)Surface water bodies—are classified as
(a)Permanent nontidal surface water body—as defined by s.381.0065(2)(k),F.S.
(b)Tidally influenced surface water body-as defined by s.381.0065(2)(0),F.S.
(54)Swale-a manmade,vegetatively-stabilized trench which contains contiguous areas of tan in
g or flowing water
for less than 72 hours following a rainfall event.A Swale has a top width-to-depth ratio of the cross-section equal to or greater than 6;1,or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical.
(55)Temporary-a single period or an accumulation of periods not exceed]n 120 total days in any 365-day period.
(56)Toxic or hazardous chemical-as defined by s.381.0065(2)(n),F.S.
(57)Undisturbed native soil-soil which has been deposited onto a site by the actions of nature and which has not
been disturbed or altered by the activities of man.
(58)Water table elevation-the upper surface of the groundwater or that level below which the soil or underlying
rock material is wholly saturated with water.Water table elevation is measured from the soil surface downward to the upper
level of saturated soil or up to the free water level.
(59)Wettest season-that period of time each year in which the ground water table elevation can normally be
Specific Authority 381.001](4),(13),381.006,381.0065(3)(a),FS.Law Implemented 154.01,381.001(2),381.0011(4),
381.006(7),381.0061,381.0065,381.00655,FS,History Now 12-22-82,Amended 2-5-85,Formerly IDD-6.42,Amended 3-
17.92, 1-3-95,Formerly IOD-6.042,Amended 11-19-97,3-22-00.
641r6.003 PERMITS
EFFECTIVE JUNE 19,2003
7
UUT-14-2003 TUE 04:34 PM FAX N0, 4 P. 06
(9)Potable water supplies located at the stabilization tank and septage storage tank site shall be provided with back
flow prevention devices to prevent potential contamination of water supplies.
(10)Portable Toilets,Sinks and Holding Tanks
ra j ae departmen"I shall approve,on a ten o ary a ' rtab toilets or holding to ivals,revivals,
field locations,encampments and other locations which 1 rmanent ctn,�U,rec
;�Gk pg .,.. where people congregate for short peso s
or mu C provided the construction,maintenance,and utilization of such systems conform to the general provisions of this
Chapter.Portable toilets,holding tanks or other toilet facilities shall be provided at construction sites for the duration of
construction any time workers are present,and shall not be bound by the definition of temporary.The department shall waive
or reduce any of the setback requirements of Rule 64E-6.005(1){3),where it is determined no health hazard will result.ror
purposes of this rule,a holding tank is any sealed,water tight fixture for receiving and storing domestic wastewater from
plumbing fixtures in remote locations or at construction sites or special events.For purposes of this rule,a portable toilet is a
transportable,self contained static or flush-type toilet constructed to promote a sanitary environment at remote locations,
construction sites or special events,comprised of at least a waste storage receptacle,a riser and toilet seat and a protective
enclosure.Portable toilets at construction sites or at a location for a temporary period of time do not require a permit from the
department,but must comply with the provisions of this rule.
(b)The department shall permit and approve,for permanent use or placement,portable toilets or holding tanks at
continually used locations where toilet facilities are desirable for the promotion of public health and where conventional
facilities arc,neither available nor practical.Examples of such locations would be boat ramps,golf courses,or other places
where people congregate which meet the above criteria. a ortable toilet service company providin sha11 be
res n�' or maintenance of the unit and removal if conventions ac>>res are m av e.
(c)Forts a 60c e se -con rnnave self closing doors and shall be design and maintained so that
insects are excluded from the waste container.
(d)Portable toilet service company operators shall use Table PT I to determine the required number of facilities for
special events for use in situations where no local or state codes provide a minimum number of toilet facilities.Table PT I
assumes that the portable toilets are serviced only once per day.If the toilets are serviced twice per day,the value from the
table shall be divided by two.If they are pumped three or more times per day,the value shall be divided by three.All resulting
fractional numbers of toilets required shall be rounded up to the next higher whole number of toilets.If permanent toilet
facilities are available for use by the attendees,the number of portable toilets may be reduced based on the number of attendees
the permanent facilities are designed to accommodate.At least one working day prior to the special event,special event
organizers shall provide to the county health department a signed contract,or facsimile copy thereof,with the portable toilet
service company specifying the dates the facilities will be on the event site,the number of toilet facilities to be provided,the
. servicing frequency and the removal date for the units.
(e)Table PT 11 shall be used to determine the number of required facilities at remote locations.
(f)Waste receptacles shall be watertight and made of non-absorbent,acid resistant,corrosion-resistant and easily
cleanable material.
(g)The floors and interior walls shall have a non-absorbent fuiish and be easily cleanable.
(h)The inside of the structure housing the storage compartment shalt be cleaned and disinfected on each service visit.
company(i)Each portable toilet shall have listed in a conspicuous place the name and telephone number of the servicing
,
0)Portable toilets shall be maintained in a sanitary condition.Portable toilets at special events shall be serviced at
least daily.
1EF ECTIVE JUNE 19,2003
26
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: OCTOBER 14, 2003
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -ZONING APPEAL—ZA-74-03
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION & BACKGROUND:
Request by Stephen K. Tilbrook, Esq. representative for South Florida Sports Committee, for
property located at 2600 SW 36th 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:
Staff Report
Resolution
Letters from Applicant(September 30th & 12th 2003)
Hearing Notice
Mailing List
Submitted by:
Laurence G. Leeds, AICP, Director Date October 7, 2003
Community Development Department
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUINITY DEVELOPMENT
STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
DATE: October 14, 2003
APPLICANT: Dania Air Motocross
REQUEST: Appealing Community Development Director
determination that Air Dania Motocross Park (2600
SIR! 36"' Street) is not a permitted use in an IROM
Zoning District
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 industrial/distribution/office development. IROM zoning was amended in
March 2002 to exclude indoor and outdoor commercial recreation uses.
Commercial recreation uses, if allowed to continue indefinitely, can delay the
proper development of IROM zoned properties. Property owners have less
incentive to sell IROM-zoned property if they are permitted to conduct activities
which create a revenue stream with little investment. This is particularly true for
uses which are prohibited in many cities. Commercial recreation uses in
Industrial areas are also inconsistent with the Comprehensive Plan:
Policy 1.3
Clean, light, industrial development will be encouraged to support the
tax base for the community and to provide a wide range of
employment for residents of the community.
Policy 5.1
Encourage development to enhance the tax base of the community.
Air Dania Motocross Park-Special Request 10-14-02.doc
Motocross is a popular and wholesome recreation activity. Unfortunately,
® motocross is no longer permitted under the current IROM zoning and is
inconsistent with the City Comprehensive Plan. Also, there are unresolved
environmental issues relating to last year's approval.
The applicant is now requesting an additional six months, claiming that without
the extension, the property will be foreclosed upon, precluding office/warehouse
development. While the applicant has initiated the Brownfield cleanup process,
no plat has been submitted as requested by the City Commission in 1994.
Granting the extension, in and of itself, provides no assurance that the properly
will be developed consistent with IROM zoning.
Last year, City Attorney Ansbro indicated that the City would be relying upon the
letter presented by Enviro-Design confirming that users at the park would not
come into contact with ground water and that the soils have been cleaned up.
Attorney An also requested a supplemental letter stating that even if any
ground or rain water rises to the surface, said percolating water would not
contaminate motocross riders. Attorney Ansbro also requested the Broward
County Health Department provide confirmation that they inspect the service of
food for the operation.
The City Commission granted approval until October 1, 2003 subject to applicant
® providing the following:
1) Documentation that Broward County has inspected the food service.
2) Documentation that Broward County has inspected the sanitary
facilities.
3) Supplemental letter from Enviro-Design that there will be no co-
mingling of the ground water with the surface water and lake at the
site.
Items 2 and 3 have not been addressed.
RECOMMENDATION
The motocross park is not a permitted use in the IROM zoning district. Also, the
applicant has not met last year's City Commission's conditions, particularly
requirements for supplemental environmental data. Under these circumstances,
staff cannot support the six month extension requested by the applicant.
Air Dania Motocross Park-Special Request 10-14-02.doc
SHUTTS
0 EN
® STEPHEN K.TILBROOK L L P
DIRECT LINE(954)847-3830 JA N - 6 2003
stilbrook@shutts-Iaw.com ATTORNEYS AND COUNSELLORS AT LAW
January 2, 2003
Larry Leeds, AICP, Director
Growth Management Department
City of Dania Beach
100 W.Dania Beach Blvd.
Dania Beach, FL 33004
RE: South Florida Sports Committee-Occupational License for Motorcross Park
Dear Larry:
This letter shall follow up on the public hearings related to the occupation license and special
exception for the South Florida Sports Committee Motorcross Park. Pursuant to the comments and
suggestions of the City Commission, please find enclosed the following:
1. Broward County Occupational License for food services providers for South Florida
Sports Committee Motorcross Park.
2. State of Florida Department of Business and Professional onal Regulation, Division of
Hotels and Restaurants, Receipt for License and Certification Inspection for Food
Service Facilities at South Florida Sports Committee Motorcross Park.
3. Historical documentation of the environmental conditions of the surface water(lake)
at the South Florida Sports Committee Motorcross Park.
We trust that these documents sufficiently address any remaining questions regarding the
occupational license and special exception for South Florida Sports Committee. Please contact me
if you have any additional questions or comments in this regard.
Yours very truly,
SHU TS & W P
Stephen K, ilbrook
SKT:as
Enclosures
cc: Brian Penick
FTLDOCS 5169447.1 AIA
200 EAST BROWARD BOULEVARD,SUITE 2000 • FORT LAUDERDALE,FLORIDA 33301 • TELEPHONE:(954)524-5505 • FAX:(954)524-5506 • www.shutts-law.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON
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FAX TRANSMITTAL
dissociates, Incorporated
0TO: Kart Leckler DATE: September20, 1994
COMPANY: SF•WMD FROM: Joseph Pike
FAX NO: (407) 687-6896 PAGES: 4
.RE: Application No. 931129-12 - Dania Motocross Parts Surface dater Testing for EPA
Methods 601 & 602.
Message.-
Dear Mr. Lec'kler.-
I am forwarding the referenced information at the request of our client, Mr. Tom .LoubenthaL
It is our understanding that this information was requested as part of a water use permit for
irrigation purposes.
Should you have any questions, please contact Mr. Laubenthal at (305) 522-6648.
c:�aocs��.s+sr►+uo..��x
If all pales are not reveired,please notify setuler immediately at the telephone number listed below.
1;an,4a e-, rs @ Envirc;mma-:r. ud Corm l-tants Fax: (407) 968-6847
3767 Tr mRc Worth Rd-S-mitd- U 0, L&Lke Woirfla, FE 33461 Ph: (407) 965-Q- 800
4301 Oak Circle Drive #21
Envirodyhe lam Boca Pawn. FL 33431
407-368-7737
Envirodesign /associates June 6 1994
24 N.W. 25th Court Report: 9614
Delray Beach,FL 33444
Attention: Joseph A. Pike,P.E.
Project: 9413 Penick Moto-X Site
Intersection.of S.W. 36t11 St. and S.W. 26th Terrace Ft. Lauderdale, FL
Sample J.D: S.W. Pend
Collected on: 5/12/94
Collected by: Randall 19. Badger Received on: 5112/94
Method 601
Parameter Result Units DL pate Analyst
13romodichloromethane BDL µg/L 1.6 5/17/94 KGK
Bromoform BDL µvt 1.0 5/17/94 KGK
Brmometbane BDL µA 1.0 5/17/94 KGK
Carbon Tetrachloride BDL WL 1.0 5/17/94 KGK
Chlorobenzene BDL µS/L 1.0 5117/94 KGK
Chloroethane BDL µg/L 1.0 5/17/94 KOK
2-Chloroethylvinyl Ether BDL µg/L 1.0 5/17/94 KGK
® Chloroform BDL µg/L 1.0 5/17194 KGK
Chloromethane BDL µg/L 1.0 5/17/94 KGK
Dibromochloromethane BDL µA 1.0 5/17/94 KGK
1,2-Dichlorobenzene BDL 1481 1.0 5/17/94 KOK
1,3-Dichlorobenzene BDL µ&& 1.0 5/17/94 KGK
1,4-Dichlorobenzena BDL µA 1,0 5/17/94 KGK
Dichlorodifluoromethane BDL 1tg/L 1.0 5/17/94 KOK
1,1-Diehloroethane BDL fig/L.- 1.0 5/17194 KGK
1,2-Dichloroethane BDL µA 1.0 5/17/94 KGK
13-Diehloroethene BDL, µA 1.0 5/17/94 KGK
trans-1,2-Diohloroethene BDL µg/L 1.0 5117/94 KGK
1,2-Diehloropropane BDL µg/L 1.0 5/17/94 KGK
cis-1,3-Diohloropropene BDL µg/L 1.0 5/17/94 KGK
trans-1,3-Diohloropropene BDL µg/L 1.0 5/17/94 KGK
Methylene Chloride BDL. µg1L 1.0 5/17/94 KGK
1,1.2,2-Tetrachloroeth4ne BDL µg/L 1.0 5/17/94 KOK
Tetrachloroethene BDL µg/L 1.0 5/17194 KGK
1,1,1-Trichloroethane BDL µA 1.0 5117/94 KOK
1,1,2-Trichloroethane BDL µg/L 1.0 5/17/94 KGK
Trichloroethene BDL µA 1.0 5/17/94 KOK
Trichlorofluoromethane BDL µg/L 1.0 5/17/94 KGK
Vinyl Cbloride BDL µg/L 1.0 5/17/94 KGK
Analysis Performed in Accordance with E.P.A. Methods QA,/QC Review _
L.boratory Ceftifieation No.B86188 BDL- Below Detection Limit
Comprehetwive QAPP No.8900410 DL= Detectlon limit
a
• 4301 Oak Circle Drive #21
• 1l/iro d h -inc. : Oaca Raton, FL 33431
407-368-7737
Envirodesign Associates June 6, 1994
24 N.W. 251h Court Report: 8614
Dolray Beach,FL 33444
Attention.: Joseph. &Pike, P.E.
Project: 9413 Penick Moto-X Site
Intersection of S.W. 36th St. and S.W. 26th Terraoe Ft.Lauderdale,FL
Sample M S.W. Pond
Collected on: 5/12/94
Collected by: Randall E.Badger Received on: 5/12/94
Method 602
Parameter Result Units DL Date Analyst
Benzene BDL µg/L 1.0 5/17/94 KOK
Chlorobenzene BDL µg/L 1.0 5/17/94 KGK
1,2-Dichlorobenzene 1)DL µg/L 1.0 5/17/94 KGK
1.3-Diehlorobetizene BDL µg/L 1.0 5/17/94 KGK
1,4-Diohlombenzene BDL µA 1.0 5/17/94 KOK
Etlaylbertzene BDL µg/L 1.0 5/17/94 KGK
Methyl-tort-butyl-ether BDL µg/L 1.0 5/17194 KOK
Toluene BDL µg/L 1.0 5/17194 KOK
® Xylenes,Total BDL µVL 1.0 5117/94 KGK
Parameter Method Result Units DL Date Analyst
Arsenio 206.2 BDL mg& 0.01 5/20/94 ]NEC
Cadmium 200.7 0.06 mg/L.. 0.005 5/13194 MEC
Iron 200.7 0.20 M /L 0.01 5/13/94 MEC
Lead 239.2 BDL rawL 0.005 5/16/94 MSC
Mercury 2451 BDL mg/L 0.0005 5/17/94 MBC
Aticalittity 310.1 194 mg& 1 5/17194 ZW
Ammonia 350.3 BDL mg/L 0.03 5/17/94 ZW
Conductivity 120.1 500 µMHOS 1 5/19/94 REB
Dissolved Oxygen 360.1 4.6 mg/L 0.1 5/12./94 REB
.Gross Alplia 900.0 1.8 d- 0.4 pCi/L 0.1 5/27/94 GM
Turbidity 1.80.1 0,50 NTU 0.05 5/13/94 ZW
Analysis Performed in Accordance with E.P.A. Mathods QA/QC Review'
Laboratory Certification No.E86189 BDL= Below Detection Limit
Comprehensive QAPP No. 8MIG DL= Deteclion Limit
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SE P-30-2003 TUE 12: 17 PM FAX NO. 4 P. 02/07
SHUTTS
B EN
LL
ATTORNEYS ANT)COUNSELLORS AT LAW
STEPHEN K.TILBROOK
DIRECT LINE(964)847-3630
stllbrook®shutts•IaW.COM
September 30, 2003
Fax and Hand IDeliverx
Larry Leeds,AICP, Director
Growth Management Department
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
RE: Renewal of Occupational License
Air Dania Motorcross ]dark
Dear Larry:
® Thank you for speaking with me over the past few days regarding the renewal of the above-
referenced occupational license pursuant to the enclosed letter and license fee. While we have not
received a written response to the request for renewal, we understand that you intend to
administratively deny this request. Accordingly, please accept this letter and enclosed fee as an
appeal of your administrative decision to deny the renewal of the occupational license for Dania
Beach Motorcross Park.
As you know, Air Dania Motorcross Park was approved as a Special Exception use by the
City of Dania Beach approximately eight(8)years ago. During the past several years,the property
owners have undertaken significant efforts to clean up this environmentally impaired property and
to prepare for development of the Property. These efforts included removal of illegal solid waste,
filling in borrow pits, removal of waste tires, and remediation of soil and groundwater
contamination. Within the past year,the Property was designated as a Brownfields Site by Broward
County and the City of llama Beach. The Owner also has a contract to sell the Property to Greystar-
a national commercial development company. Please know that all of the cleanup efforts over the
past several years have been financed by the operation of a motorcross park at the site.
Please see the enclosed letter from Greystar indicating that the Property is in the final stages
of cleanup and preparation for development, and that closing is anticipated within the next six (6)
months. Please also know that the continuation of the existing use for another six months is
necessary in order to finance the remaining pre-closing obligations of the Seller. If these closing
® obligations are not met,the proposed development will not occur and the property will be in danger
of foreclosure.
200 EAST SHOWARD BOULEVARD,SUITE 2000• FORT LAUDERDALE.FLORIDA 33301 • TELEPHONE:(4S4)524-5505 FAX:(954)524-55M • WWW,00444W.com
MIAMI FORT IAUDERDALE WEST PALM OVACH ORLANDO TALLAHASSEE AMSTEADAM LONDAN
. 6hF-3U-?UU3 TUE 12: 18 PM FAX NO. 4 F. UU/U f
SHUTTS & BOWEN LLP
Larry Leeds, AiCP, Director
September 30, 2003
Page 2
Accordingly, please accept this appeal as an extension of the special exception use, and
please agenda this request for consideration at the next available City Commission meeting. Please
also accept this letter as a certification that the contamination of this special exception use for an
additional six months will serve the public interest of the City of Dania Beach and its residents,and
that this use continues to comply with the criteria as set forth in Sect. 10.10 of the City of Dania
Beach Code of Ordinances.
Thank you for your attention and consideration in this regard.
Yours very truly,
SHUTTS &BOWE
c
Stephen K. Tilbrook
Partner
® SKT:aa
Enclosures
FTLOOC.S$082804.1 ALA
St F'-30-2003 TUE 12: 18 PM FAX NO, 4 P. 04/07
S TTS
O EN
® LLP
STEPHEN K.TILBROOK ATTORNEYS AND COUNSELLORS AT LAW
DIRECT LINE(954)847.3830
stilbtnok®shutts-iaw.com
September 12, 2003
Via Hand Delivery
Lawrence Leeds, Growth Management Director
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
RE; Air Dania 1d X Park
Occupational License No. 03-01255
Dear Mr. Leeds:
Pursuant to my telephone message earlier this month, please find enclosed a check in the
amount of $250.00 for the renewal of the occupation license for Air Dania MX Park, License
Number 03-01,255. Because this matter may require further discussion,please find enclosed a letter
® from Pryse Elam,Greystar,regarding the status of the Brownfield cleanup,platting and site plan for
the proposed development of the site. While we anticipate that the closing on the sale should occur
within the next six to nine months, we submit the enclosed license renewal in order to continue
operation of this business until the closing occurs. The operation of the existing business is
necessary to finance the final stage of Brownfield cleanup and to facilitate development of the site.
Thank you for processing the renewal of the occupational license for Air Dania MX Park.
Please call me if you have any other questions or comments in this regard.
Yours very truly,
SHUTTS &BOWEN LP
Stephen K. Tilbrook
SKT:aa
Enclosures
cc: Brian Penick, South Florida Sports Committee
Pryse R. Elam, Greystar
FTLPOCS 5082023.1 ALA
200 EAST BROWARD BOULEVARD,SU)TE 2000 • FORT LAUDERDALE,FLORIDA 33,101 •TELEPHONE:1954)524-SSM • FAX:(964)S24-S506 • www.shuttl-luw.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE AMSTERDAM LONDON
SF P-30-2003 TUE 12: 19 PM FAX NO. 4 P. 05/07
SEP 15 2003 9: 26AM HP LASERJET 3200 P• 2
GRkE'' S 1A''R' '
- a,nclfo,Tx
Charla+�wn.SC
September 1.5,2003 t�ollm,TX
StouatM.'t7c
Bat+nlln�odio.'IX .
Ban uto��,trq
Mr. Brian Penick
T1 UsteB 7Lc n,NG
South Florida Sports Cotmilittee
7041 NW 40th Ct
Cored Springs,FL 33065-2212
RE, Dania MotoCross Site
Punta Brian:
As you requested, I am providing this letter to you for you to share with the appropriatc
staff members of the City of Dania Beach. My Company entered into a contract for the
purchase of the MotoCross Site on November 120'of last year. Our intent is to develop
® the site as an industrial park once the contingwic;ies are satisfied.
For those who are unfmnihair with(3rcystar and with me,Gr+eystar is a 1,110-employee
real estate operating company with offices in nearly a dozen states across tlw Country. in
South Florida,we are currently developing the Quiet Waters Business Park at the corner
of SW 14th and Powerline in Deerfield Beach. Quiet Waters Business Perk is a 670,000
square foot$40 million speculative industrial d®velopment. The first phase of the Park
will be delivered in early 2003. Previously I-rats Trammell Crow Company's opm-ations
in South Florida and was rosponsible for the development of nearly 2,000,000 square feet
of industrial space in South Florida valued at approximately S100 million during the past
five yeah. Our projects included Port 95 Industrial Center in Port 95,I-75 Distribution
Center in Miramar,Gateway at Quantum Park in Boynton,and the Zephyrhills
Distribution Center in Ta =-w. We intend to develop approximately 180,000 sgoure feet
of distribution space on your site in Dania, once the site is ready for development.
We entered into negotiations on the Contract with the full knowledge that than had been
three or four buyers before us. We were also keenly aware of the reasons that those
contracts fell through. Thoso reasons wm:environmental,sub soil and platting. As
such,wen worked with you to craft ai conmet that would give you the certainty of
knowing that you had a real buyer willing to close,once those three issues were resolved.
By leaving the contract you felt better about malting the ai;gniticasnt economic investment
that the resolution of those three issues requires,because you know that you will recoup
those costa once the property closes. We have agreed to resolve the environmental issues
first with the sub soil and platting second
PAGE V RCVD AT 91101200310:20:08 AM[Eastem Da0gI t Time)'SVR.FAXSERVERII�'DNJS:T919'CSID;'DURATION�lllm•ss�.01.1 s'Z'G'
W-JU-Mu 'WE 12: 1 y FM FAX N0, 4 P. 06/07
SEP 15 2003 932SAM HP L.RSERJET $200 P•3
At the time of this writing,we are midway through,the Brownfield Application.process.
The City and the County have both approved tho project's aoceptance into the Brownfield
Program,we are now working with the Departrt►ent of.Environmental Protection("DEP")
to finish the application"acceptance. We expect to have a Brownfield Site
Rcelatttation Agreement("BSRA")within 30 days, after which we will complete the
additional enviroumental testing requested by DEP. Cuce those tests are completed, they
will be reviewed by DEP and,if accepted by DEP,we will eater into a SRCO,which
should complete the process. The timing of the SRCO is up to DEP,but we arc hapefnl
that it can be completed within 2-4 months following submission of the final tasting.
Altogether,we expect another 6 vtonthe in the Brownfield Application process,
We expect,however to be submitting both plat and site plan approval applications to the
City to run concurrently with the Brownfield program, Those applications will be
prepared once the fsrusl testing has been completed,submitted to DEP and we have
received comments back from DEP.
As you know,we have engaged Cushman&Wakefield to market the site. We continue
to entertain strong intent from multiple potential users ,for the buildings. The only thing
that prevents us from entoring into binding contracts for the lease or We of the buildings
to be built is the uncertainty surrounding the timing of completing the environmental
studies.
® As for the City, in addition to any assistance that the City could provide you in resolving
the environniental,sub soil and plattuig issues,they could help uu build a better project
and attract better and stronger users by assisting us in gaining ingress and egress rights
onto the road adjoining the eastern boundary of our silo. We would welcome any effort
in that regard.
I hope that this is helpful. Please let me know if you need anything else.
Sincerely yours,
Crreystar
P44 . Elam
C'-
Regional Partner
PAGE 30` 0D AT 9l1SI2o0310:20:08 AM(Eastern OaAgM Timel`SVR:FAXSERVIM13'OMS:7979'C$ID:I DURATION(mm-ss):01.18
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�-"'JTIC.E OF PUBLIC HEARINGC
CITY OF DANIA BEACH
APPEAL OF AN ADMINISTRATIVE DETERMINATION
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,
October 14, 2003 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:
ZA-74-03 - Request by Stephen K. Tilbrook, Esq. representative for South Florida Sports
Committee, for property located at 2600 SW 36th Street, (2600 Collins Rd.) Dania Beach,
Florida.
The applicant is appealing staffs determination that a motocross facility (outdoor commercial
recreation) is not permitted use in a Industrial-Research-Ofl:ice-Marine District.
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 Charlene Johnson, 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
this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a
rbatim 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
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committe Site �...:....._ ., ...._,
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ry011�It:QPb ..tii
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AP`cPElTwoF o'aNra=BEdCH
AL`OF.'.AN A�Ml1S?
TRATIVE;DETERMI NATIf)Nt
NQTICE tS HER@BY'GIYEtd
that a pulillc heariiig:`vrilt
be held before the,Ci,�.
Corrimtssi'on bn Tuesday;
October 14; 2oa3,at;7;00
p;m or,,a`s-:soon thereat
ter as ppossible in the Ci ">
commissias RooirS;;�;a
ITIIRIStratfVt! CBnteE1a0
west Daoie eeach.'Bivd
t)ama Y 9e'ach _F.lorlifa
33004 forthe purpose;...
heanrtgg ariyr;coRlydentq
which�fni hf ba made 4q
the totfpng request.�-°
ZA 74 03-. q
Requesta Ste
phen K;Tllbroo�_Esby to
resentati+re fov South;tst,
ide SpogpComrnil,j, to
propevty3loca df t`260
3W 9 Stud (2609
IinS E��z�.�s' ega
The applict t§apali.
staff s detsrniinagon th
a motocross facliltY taut_
dow comrnerci§6 recrea
ttonl 191 ngHperrgitte4,
in a Industrfa!Researc
Offlce,M�ine:,�.;,District?
Copiesrof';the ppropose_
� petition are availatsle<toe
viewing'ti;the comet pi."
Oevetopriient�& t�ppaa
Men t00sWest';:Dant
® eeae�i nhfQ Daniel eeach<
Florida bepxeen'the hou
ofs Opa m arld4:00;p m3-
MondayFriday Inferes,
eel parttesmay appear
the public,,hearir►g,an.id
heard,witFrr`espectto,th
proposed. etit orw
In.accordance waft,the
Americans With tNsabtit
ues'Act;;persons;needing
assistance to,j%ed6ipa
in any,o1,Ahese.proceed=
ings should c6ntact;Char
lens Johnson Cw"Xia,
10a W:Dannia Beach Blvd;
Dania:Beach Ffi+;3300_'
and';(984};924,3622,;,:at
least 48,,hours prior t,
meeting
Arht,person,who decides
to apPpeal ar t!decisio_
made 4Y the City Gortimis
sio`with'?reggarikA $ny
matter.considered,iiC thi
meeung,;br`hearing will
need a,record ofA pro;
ce0 in gs and for suc pur;
pose mey need t— suie
that a:verbatim:record:
the proceedings`is`niade,
which recorOncludes the,
testimony and';e4ldenc
upon which the appeal iH
Lou Anri.t;unninghant,
Planning"Associate'
october,3,2002";
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