HomeMy WebLinkAboutO-2006-043 Harbour Towne Marina Plat No 2 ORDINANCE NO. 2006-043
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT,
SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RD
STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN
EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;
ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE
"HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the plat of the "Harbour Towne Marina, Plat No. 2" Plat (PL-31-06),
such property being generally located 801 NE 3 Street in the City of Dania Beach and legally
described in Exhibit "A", a copy of which, is attached to this Ordinance, is accepted and
approved. The City consents and agrees that such plat may be recorded in the Public Records of
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Broward County, Florida, upon further approval of all agencies of Broward County, Florida,
having jurisdiction in the matter.
Section 2. That the dedication, for public use of all streets, highways and alleys, as
shown on the "Harbour Towne Marina, Plat No. 2" plat, is accepted by the City of Dania Beach,
Florida.
Section 3. 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 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed.
Section 5. That this Ordinance shall take effect immediately at the time of its passage
and adoption.
PASSED on first reading on November 28, 2006.
PASSED AND ADOPTED on second reading on December 12, 2006.
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO OR AND CORRECTNESS:
BY: <�
T OMAS ANSBRO
CITY ATTORNEY
2 ORDINANCE 92006-043
EXHIBIT "A"
"THE HARBOUR TOWNE" PLAT
LEGAL DESCRIPTION
A parcel of land lying in Section 35, Township 50 south, Range 42 East more
particularly described as follows: Commencing at the northwest corner of said
Section 35; thence run due south along the west line of said Section for 1291.28
feet; thence run north 89' 18' 49" east along the north line of the south half of the
northwest.quarter of said Section 35 for 1331.67 feet to the point of beginning;
thence continue along said north line north 89' 18' 49" east for 757.96 feet;
thence run south 00' 07' 24" west along a line parallel to the east line of the west
'/4 of the SE '/4 of the NW '/4 of said section 35 for 672.93 feet; thence run south
89 14 20 west along a line parallel to and 30.00 feet south of the south line of the
NW '/4 of the SE '/4 of the NW '/4 of said Section 35 for 732.68 feet; thence run
north 00' 05' 55" east for 30.00 feet; thence run south 89' 14' 20" west for 5.0
feet; thence run north 00' 05' 55" east for 427.87 feet; thence run south 89' 18'
49" west for 20 feet; thence run north 00' 05' 55" east along the west line of the
east '/2 of the NW '/4 of said section 35 for 216.02 feet to the point of beginning;
less all canal right of way. The above described parcel of land situate, lying and
being in the City of Dania Beach, Broward County, Florida. Contains 11.50 acres
inclusive of Dania Cut-off Canal, more or less. Subject to restrictions,
reservations, easements and rights of way of record.
3 ORDINANCE#2006-043
City of Dania Beach, Florida
Department of Community Development
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Planning and Zoning Division
General Development Application (954) 924-3645
O Assignment of Flex/Reserve Units
❑ Land Use Amendment
ik. Plat l 3/• 06
❑ Plat Delegation RequestEl
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Sit®Plane Date Rec'd:
X Special Exception Petition No.:
❑ Special Request
❑ Trafficway Waiver
IM variance v/r 3- c) to ` _ ✓ / — C�
❑ Vacation Request ,� C, 3 2-
❑ Other. 1//7
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMMEID WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
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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.
All projects must also obtain a building permit from the City's Building Department.
Location Address: 801 NE 3rd Street Dania Beach FL•,,3330
Lot(s): Block: Subdivision: 35-50-42
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Recorded Plat Name: N/A
5042 35 00 0161
Folio Number(s): 5042 35 00 0166 Legal Description: _See Attached
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Appllcant/Consuitant/Legal Representative (circle one) Stephen K. Tilbrook, Esa Shutts & Bowen LLP
Address of Applicant: 200 E. Browrd Blvd Suite 21nn Ft,
I a TayAarr�ale �t ']��n,
Business Telephone: 954- 847-3830 elle
954-A17-5933 Fax: 956-59G- 5n&
jName of Property Owner: Harbour Towne Associates
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Address of Property Owner: 1000 N.E. 3rd Street, Dania Beach FL 3 0
Business Telephone: 954-926-0300me1954-260-1717 Fax: 954- 922-54AG
Explanation of Request: Application to construct Dry Stack Boat Storage
Prop. Net Acreage: 11.5 Gross Acreage: Prop. Square Footage: 500_ .940q�f t_
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Existing Use: Parking/Restaurant Proposed Use: Mar,zna, Dry Stack Restaurant
Is property owned Individually, by a corporation,or a joint venture? California General Partnership
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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 duly authorized officer, have authorized (Appllcant/Consultant/Representative)
to make and file the aforesaid application.
Swom to and subscribed before me Corporation Name:
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This day of 20_
Signature:
Date:
(Print Name)
? Sign Name of Notary Public (Print Title)
State of( )
Print Name of Notary Street Address, City,State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject
4 lands described above and that all partners have authorized (Applicant/Consultant/Representative)
Stephen K.Tilbrook Esq. to make and file the aforesaid application.
Sfe.te, at': ez wv_, of: Los
j Swom to and subscribed before �l2 S
This 5./- day of th 20Sb
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t� r y, k j-eT/"� S/ Signature:
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P&Ysd LR. 1_1 A 4U'LL Date: May 1, 2006
Jeffrey K. Ellis, Vice Preai�p„r
(Print Name)**
Westrec Investors, Inc. , General Partner
/�Ign Name of Nota�Pu•�b'li�c, PS Marinas 3 and PS Marinas 4
State of(eGt•�.�,y
General Parnters of Harbour Towne Associates
LY21Qbt•Z 1'_'2h.W0 i- t.i/ 16633 Ventura Blvd 6th F1 Fnnin X
X A 91436
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Print Name of Notary Street Ad ress, City, State and Zip Code
(�1� 4o7-oc%o zt.�3 �d'IY�go7—Ilc��
Commission Expires QQ 9 818 907-040
Seal: Telephone No. &Fax o
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*Each partner must sign. Attach duplicate sheets as required.
COMM Q
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I understand that site plan and variance approval automatically expires within 12
months of MCity ission approval, pursuant to Ordinance No. 2005-040.
S�-le' &'xe�o e a /�/�.v�lC- a C
Appii nt/Owner signature Print Name Date
APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Sworn to and subscribed before me Applicant/Consultant/Representadv
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This " day of, 0! 20_pfo
Signature:- .Az rAw
Date:_
a/llvl�
Stephen R. Tilbrook, Esq.
i Sign Name of Notary P Ilc (Print Name)
State of( )
I� WAMIE JAMES
1 a`iA °6ai'+
t Notary Public•Slato of Florida
200 E. Browatd Blvd.#21001;t.-Ft1('Lauderdale, FL 33301
P @ ii lulon OD311419 Street Address, City,State and Zip Code
Bonded By National Notary Assn.
Commission Expires: (954) 847-3830 Fax: (954) 524-5506
Seal: Telephone No. &Fax No.
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have
authorized (Appl Ica nt/Consultant/Representatfve) to
make and file the aforesaid application.
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Sworn to and subscribed before me . Owner:
This day of 20_
Signature:
Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
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LEGAL DESCRIPTION;
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�i Parcel I-
A Parcel of land lying in Section 35,Township 50 South, Range 42 East, more particularly
described as follows:
Commencing at the Northwest corner of said Section 35; thence run'due South along the
.West line of said Section for 1291.28 feet; thence run North 890 18' 49" East along the
North line of the South half of the•Northwest quarter of said Section 35 for 1331.67 feet to
.r the point of beginning; thence continue along said North line North 890 18' 49" East for
757.96 feet;thence run South 00 07' 24" West along a line parallel to the East line of the
West�4 of the SE V4 of the NW J14 of said Section 35 for 672.93 feet; thence run South 89°
14' 20"West along a line parallel to and 30.00 feet South of the South line of the NW Y4 of
the SE V4 of the NW,V4 of said Section 35 for 732.68 feet;thence run North 00 05, 55" East
for 30.00 feet; thence run South 890 14' 20"West for 5.00 feet; thence run North 00 05,
55" East for 427:87 feet; thence run South 89° 18' 49" West for 20.00 feet; thence run
North•00 00'65" East along the West line of the East%of the NW Y4 of said Section 35 for
216.02 feet to-the Point of Beginning;.less all canal right of-way.
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CITY OF DANIA BEACH Agenda Item # a
Agenda Request Database
Date of Commission Meeting: 12/12/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading)
Award Bid/RFP ❑ Presentation ❑ Continued from:
ORDINANCE NO.200"43 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE"HARBOUR TOWNE MARINA,PLAT NO.2"PLAT,SUCH PROPERTY
BEING GENERALLY LOCATED AT 801 NE 3RD STREET,IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE;ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE"HARBOUR TOWNE MARINA,
PLAT NO.2"PLAT;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Dept: Acct#: Amt:
Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
n.
PL-31-06: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is
requesting a plat for the construction of a dry stack boat storage building located at 801 NE 3 Street (SECOND READING
of plat).
r
Ordinance
Staff Report
Application
Location Map
PLAT
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 Attorney
Date
City Manager
Date
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Commission Action:
Approved: 7 Denied: ❑ Continued to: ❑
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
® STAFF REPORT
DATE: December 12, 2006
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director �`r-� /
Corinne Lajoie, AICP, Principal Planner
SUBJECT: PL-31-06/VA-33-06/SE-32-06/SP-34-06: The applicant,
Stephen K. Tilbrook, Esq., on behalf of the property
owner Harbour Towne Associates, is requesting a plat,
variance, special exception and site plan for the
construction of a dry stack boat storage building
located at 801 NE 3 Street (SECOND READING of plat).
PROPERTY INFORMATION
ZONING: C-4
LAND USE DESIGNATION: Commercial
® PLAT (SECOND READING)
A perimeter plat to allow the construction of a dry stack boat storage
building and restaurant.
The proposed plat delineates the property lines and establishes a 12' FPL and
utility easement along the east property line and a 5' utility easement along a
portion of the west property line. The plat must be consistent with the approved
site plan.
VARIANCE
1. To allow a building 52 55 feet tall; code allows a maximum
building height of 30 feet.
The proposed dry stack boat storage is located at the center of the site, 600 feet
east of Gulfstream Road. An existing 50 foot high metal boat building separates
the new building from Gulfstream Road.
2. To allow a dry stack boat storage building with 176 boat slips;
code allows a maximum of 50 boat slips.
The zoning code allows dry stack boat storage as a Special Exception use for up
to 50 boat slips. There are currently 594 slips/docks currently existing on site.
3. To allow a dry stack boat storage building to be constructed of
metal.
The code requires C.B.S. construction or equivalent acoustical material. The
proposed building is constructed of metal, similar to existing buildings on the site.
SPECIAL EXCEPTION
To allow dry stack boat storage use on the property.
The applicant proposes to demolish the former Tugboat Annie's/Harbor Grill
Restaurant and replace it with a 52' — 55' high (depending on flood elevation
requirements) metal dry-stack storage, at-grade parking, and a 2,000 sq. ft.
restaurant. There is no change in pervious area.
Based on the applicant's traffic study, the revised site plan will result in no
increase in average daily vehicle trips from the site. This is due primarily to a
reduction in restaurant size from 6,500 sq. ft. to 2,000 sq. ft.
However, some increase in traffic is expected over today's levels since the
existing 6,500 sq. ft. restaurant, included in the traffic analysis, no longer
operates. The new boat stack building would add 176 slips to the existing 594
boats/slips.
SITE PLAN
The proposed site plan will include landscaping and a new welcome sign located
on the Dania Cut-Off Canal with the City of Dania Beach identified.
In addition, the submitted plans have been reviewed by various departments in
the City. The following comments must be addressed by the applicant prior to
issuance of a building permit.
1. Tabulations of area on survey shows total acreage — 23.4004; existing
calculations shown on sheet 2 of 3 shows total site area = 34.4 acres.
Survey was not provided with revised submittal. 2nd time requested. 23
acres in Parcel 3 + 11.5 acres in Parcel 1 = 34.4 acres (Planning Division).
2. Provide written statement from SFRPC stating the proposed use is not a
substantial deviation from the DRI (Planning Division).
3. Finished floor elevation shall be 100 year flood elevation plus 1' minimum
(Public Services).
4. Confirm elevations coordinate out fall requirements with Broward County
(Public Services).
5. The applicant shall provide access to the boat storage building from the
ADA handicap spaces. As it is currently proposed there is not access
® shown (Public Services).
6. Proper signage such as, No Standing/Stopping any time, shall be striped
in the FIRE LANE section (Public Services).
7. Show entrance detail to the property with existing turning radii, pavement
marking and signing. The radii should be large enough to accommodate
large vehicles, please show a radii turning template on the plans (Public
Services).
8. Must address Fire Marshal comments prior to issuance of a building
permit (Fire Marshal).
STAFF RECOMMENDATION
Plat
Approval provided the plat is consistent with the approved site plan.
Special Exception
Approval, subject to size, height, and building material requirements in the zoning
O code.
Variances (Size, Height, and Building Materials)
At the discretion of the City Commission.
Site Plan
Pending, based on special exception and variance determinations.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board recommended approval of the plat, special
exception, variances and site plan with site plan conditions.
Recommendation pending special exception and variance determinations.
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_ BROWARD COUNTY PLANNING
- COUNCIL
• 115 SOUTH ANDREWS AVENUE, ROOM 30,, # FORT LAUDERDALE, FLORIDA 333o1
TO: David Danovitz, AICP, Assistant Director, Development Management Division
Broward County Urban Planning and Redevelopment Department
FROM: Henry A. Sniezek, AICP, Executive Director /
RE: Harbour Towne Marina Plat No. 2 (051-MP-06)
DATE: July 19, 2006
The Future Land Use Element of the City of Dania Beach Comprehensive Plan is the effective
land use plan for the City of Dania Beach. That plan designates the area covered by this plat for
the uses permitted in the "Commercial" land use category. This plat is generally located on the
east side of Gulfstream Road (Northeast 7 Avenue), between Northeast 3 Street and the Dania
Cut-off Canal.
—3� The proposed boat storage and marina is in compliance with the permitted uses of the effective
land use plan.
The effective land use plan shows the following land uses surrounding the plat:
North: Industrial
South: Medium (16) Residential and Parks and Recreation
East: Commercial and Parks and Recreation
West: Low-Medium(10)Residential
The contents of this memorandum are not a judgment as to whether this development proposal
complies with the Broward County Trafficways Plan, local zoning, other land development
regulations or the development review requirements of the Broward County Land Use Plan
including its concurrency requirements.
HAS:DDV
cc: Ivan Pato, City Manager
City of Dania Beach
Xaurence G. Leeds, Director, Growth Management Department
City of Dania Beach
TELEPHONE: FAX:• FAX: 95+.357.6665
world wide Web: http://www.co.6rowarJ.A.us/olanninvrrn in.-J