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HomeMy WebLinkAboutR-2006-224 Harbour Towne Variance 1 RESOLITI'ION NO. 2006-224 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK,ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "District Regulations", "Schedule of Use Regulations", outlines the criteria for building height, number of allowed boat slips and material to be used in the construction of dry stack boat storage buildings in the City of Dania Beach; and WHEREAS, Stephen K. Tilbrook, Esq., on behalf of the property owner, Harbour Towne Associates, Inc., has applied for a variance (VA-33-06) as follows: 1. To allow a building 52 - 55 feet tall above existing site grade (Chapter 28, "Zoning", Article 4, "District Regulations, Schedule of Use Regulations", allows a maximum building height of 40 feet.) 2. To allow a dry stack boat storage building with 176 boat slips. (Chapter 28, Zoning Article 4, District Regulations, Schedule of Use Regulations allows a maximum of 50 boat slips); 3. To allow a dry stack boat storage building to be constructed of metal (Chapter 28, "Zoning", Article 4, "District Regulations, Schedule of Use Regulations", requires concrete block structure construction or equivalent acoustical material); for property located at 801 NE 3rd Street, Dania Beach; and WHEREAS,the Planning& Zoning Board on November 15, 2006, recommended that the City Commission grant variance request VA-33-06, subject to conditions,based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH FLORIDA: Section 1. That that certain application VA-33-06, for a variance as described above from requirements in Chapter 28, "Zoning", Article 4, "District Regulations", "Schedule of Use Regulations", of the City of Dania Beach Code of Ordinances, a copy of which application is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions to be addressed >l dor to issuance of a building permit: I. 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. 2"d 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 I'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's comments prior to issuance of a building permit(Fire Marshal). 9. There will not be outside entertainment and no outside speakers. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. 2 RESOLUTION #2006-224 Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 12, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS T" FORM AND CORRECTNESS BY: ' ? THOMAS J.A�§ JRO CITY ATTO AEY 3 RESOLUTION#2006-224 i i i City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment 9k. Plat Pt --"3/- n 6 �r ❑ Plat Delegation Request T ( � O(P ❑ Rezoning Date Rec'd:- .--— IM Site Plan Special Exception Petition No.: ❑ Special Request ❑ Traffiicway Waiver ^ n �L j / — 6 ]a Variance V/T ❑ Vacation Request ❑ Other: (51 _ THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED 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. For after the fad 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 Clty's Building Department. Location Address: 801 NE 3rd Street, Dania Beach, FL•;33304 1 Lot(s): Block. Subdivision: 35-50-42 I . Recorded Plat Name: N/A 5042 35 00 0161 Folio Number(s): 5042 35 00 0166 Legal Description: See Atha h d I i Applicant/Consultant/Legal Representative (circle one) Stephen K. Tilbrook, Esq. Shutts & Bowen LLP I j Address of Applicant: 200 E. Broward Blvd Suite 2100, Ft La dex_dL e_. Fr 33301 Business Telephone: 954- 847-3830ilk' 954-8ll-5931 Fax: 954-574-550f, i Name of Property Owner: Harbour Towne Associate I Address of Property Owner: 1000 N.E. 3rd Street, Dania Beach, FL 33304 i Business Telephone: 954-926-0300 klm 954-260-1717 Fax: 954- 922-5484 i Explanation of Request: Application to construct Dry Stack Boat Storage Prop. Net Acreage: 11.5 Gross Acreage: Prop. Square Footage: 500,940 sq,f t. I } Existing Use: Parking/Restaurant Proposed Use: Marina, Dry Stack, Restaurant Is property owned Individually, by a corporation,or a joint venture? California General Partner ship i 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 (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: I i This day of 20_ I Signature: Date: l (PHnt Name) i Sign Name of Notary Public (PHnt Title) State of( ) I Print Name of Notary, Street Address, City,State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. f JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) I Stephen K.Tilbrook, Esq. to make and file the aforesaid application. Sfate, o : CkAdc liq-r am, ('o of : (,os 1 a-2 S Swom to and subscribed before me This 5�" day of Mh 20 Signature: b y � y . �-zc�S, — �,l/S fix.0 j Date: May(1, 2006 n _ Jeffrey K. Ellis, Vice President (Print Name)** Westrec Investors, Inc. , General Partner Sign Name of Notary Public PS Marinas 3 and PS Marinas 4 State of General Parnters of Harbour Towne Associates T)ebbi-e- o 16633 Ventura Blvd. . 6th F1 _ Encino. CA 91436 Print Name of Notary Street Ad ress City State and Zip Code �] ('e1 � 9i�7 oc� )«43 (el o7-I10� Commission Expires: q 818 907-040 Seal: Telephone No. &Fax - o �9 **Each partner must sign. Attach duplicate sheets as required. I i I understand that site plan and variance approval automatically expires within 12 months of City ission approval, pursuant to Ordinance No. 2005-040. N a C Appli nt/Owner signature Print Name Date e APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consuitant/Representatly ! This day of 0!�' 20-pfo i Signature: -,AZ rAa Date: l D Stephen R. Tilbrook, Esq. Sign Name of Notary Ptkllc (Print Name) State of( ) TAMMIE JAMES +p ,Notary Public-State of Florida 200 E. Browatd B1vd.#2100 v t i VLauderdale, FL 33301 P @t6liYnisslon#DD311419 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 (Applicant/Consultant/Representative) to make and file the aforesaid application. 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. LEGAL DESCRIPTION: a `! Parcel1: YN. 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 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 1/4 of the SE 1/4 of the NW 1/4 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 1/4 of the SE 1/4 of the NW,V4 of said Section 35 for 732.68 feet;thence run North 0° 05' 55" East for 30.00 feet; thence run South 89° 14' 20" West for 5.00 feet; thence run North 0° 05' 55" East for 427:87 feet; thence run South 89° 18' 49" West for 20.00 feet; thence run North.00 05'55" East along the West line of the East 1/2 of the NW 1/4 of said Section 35 for 216.02 feet to the Point of Beginning; less all canal right of-way. d-to-6oFldor irritt Frership-by-Beelaretlen of- . ded-in--O eial-Reeertls-Beoir-1e442,-page--349-f fAfto@t)R TOWNE- MARt1`!hi-U!L_ ... i i I I !I I `I • i i I • r SHE TTS BOWEN LLP ATTORNEYS AND COUNSELORS AT LAW BRIEF DESCRIPTION - Harbour Towne Associates requests site plan and related approvals in order to convert an existing vacant restaurant and excess surface parking into a smaller waterfront restaurant and a dry stack storage facility for 176 boats ("Project"). The Harbour Towne Marina is an existing mixed use marina facility located on the Dania Cut-Off Canal. The proposed site plan revision and new dry stock storage facility will enhance the existing marina facilities at Harbour Towne Marina, be compatible with all adjacent uses, and meet a critical need in Dania Beach for additional boat storage space. The Project is located in the C-4 zoning district and the Project will require a site plan approval, approval as a Special Exemption and approval of certain variances that are unique to this site. SPECIAL EXCEPTION SUMMARY AND CRITERIA STATEMENT The dry stack marina aspect of the project is permitted as a Special Exception in the C-3 and C-4 zoning district. This narrative demonstrates how the Project meets the criteria for a Special Exception as set forth in Section 10-12(o of the Dania Code: 1. That the use is permitted as a special exception use as set forth in the Schedule of Use Regulations, City of Dania Beach, in Article 4 hereof. The existing restaurant use is a permitted use in the C-4 zoning and the proposed dry stack storage facility is listed as a special exception use for the C-3 and C-4 zoning districts according to the Schedule of Use Regulations, in Section 4.20 of the City of Dania Beach Code. 2. That the use will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where it is located. The proposed dry stack storage Special Exception Use is located in the center of the Harbour Towne Marina, and set back from all adjacent uses by significant setbacks. The proposed Special Exception Use is consistent with all uses in the immediate vicinity of the Harbour Towne Marina and the proposed Special Exception Use will be compatible with, and not detrimental, to the existing contiguous uses.. FTLDOCS 5132268 1 The project site is bounded on the North by the Dania Cut-Off Canal and adjacent Marine uses; on the East by Mangrove swamps and the Intercostals Waterway; on the South by Mangrove swamp preserve; and on the West by Gulf Stream Road and Marine related uses. The proposed Special Exception Use is also consistent with the overall development pattern of the general area along the Dania Cut-Off commercial district. 3. That the use will be compatible with the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values, and similar uses of zoning. The proposed dry stack storage facility is consistent with the overall marine related use of the Harbour Towne Marina and consistent with the adjacent marine related community. In addition, the proposed marine dry stack storage facility is compatible with the uses in the general area, which are marine related along the Dania Cut-Off Canal. Due to the reduced size of the restaurant facility, this change of use will actually reduce the amount of traffic generated at the Harbour Towne Marina and. provide a much more compatible use with the nearby neighborhoods. Accordingly, the proposed Special Exception Use is compatible with the general character of the area and is consistent with the design, scale and orientation of structures in the area. The proposed dry stack storage facility will be designed as a new phase of the existing boat storage facilities at the Harbour Towne Marina, but with enhanced design and architectural features that will upgrade the general character of the Harbour Towne Marina and surrounding areas. The facility will be oriented to the Dania Cut-Off Canal, so that there will be no impact on nearby neighborhoods or residential uses. 4. That adequate landscaping and screening are provided as required in this chapter. The proposed boat storage facility is located within the center of the Harbour Towne Marina, but will include significant upgrades of landscaping and screening, as well as a new landscaped welcome sign and entry feature for the City of Dania Beach along the Dania Cut-Off Canal. The project will have sufficient landscaping along all sides of the project, along with landscape screening enhancements particularly along the Dania Cut-Off Canal. 5. That adequate parking and loading is provided and ingress and egress is so designed as to cause minimal interference with traffic on abutting streets. The proposed new dry stack storage facility along with the significantly reduced size of the existing restaurant, will actually reduce the parking required for the ' project and reduce the traffic impacts within the Harbour Towne Marina and on FTLDOCS 5132268 1 2 SHUTTS & BOWEN LLP/ 200 EAST BROWARD BOULEVARD,SUITE 2100 / FORT LAUDERDALE, FLORIDA 33301 / (954) 524-5505 .i abutting streets. The project meets all requirements for parking and loading, ingress and egress and will provide a traffic impact enhancement for the surrounding area. 6. That the use will be consistent with the existing Comprehensive Plan. The use is consistent with the existing comprehensive plan, as well as the Houston: Park DRI for Harbour Towne Marina. 7. That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental impact inconsistent with the health, safety and welfare of the community. The project is designed to enhance the environmental conditions on the existing surface parking lot and existing vacant restaurant area. The Project includes significant landscape area and maintains all existing mangrove preserves. The project will have no detrimental environmental impacts on adjacent or contiguous properties, or on properties in the general area. The project is consistent with the environmental health, safety and welfare of the general community. In addition, the proposed project will provide much needed dry stack storage dockage for small boats that will use the Dania Cut-Off Canal and surrounding marine related environmental areas. 8. That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. The proposed Special Exception Use will not have a detrimental effect on vehicle and pedestrian traffic, or parking conditions in the Harbour Towne Marina or in surrounding areas. In particular, the proposed significant reduction in size of the restaurant, along with the new dry stack storage facility, will actually result in a reduction in traffic generated at the Harbour Towne Marina and a reduction in total parking spaces required. Please note in particular that the Harbour Towne Marina provides an excess of 43 parking spaces, over and above those required by Dania Code or by the Houston Park DRL Accordingly, the reduction in traffic and the parking impacts associated with the proposed Special Exception Use is consistent with the enhancement of the health, safety and welfare of the community. 9. That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other proposed structure on or near the site that would be hazardous or a nuisance. A proposed new and improved facility at the Harbour Towne Marina world generate fewer traffic trips and utilize the existing turning movements and access FTLDOCS 5132268 1 3 SNUTTS & BOWEN LLP/ 200 EAST BROWARD BOULEVARD, SUITE 2100 / FORT LAUDERDALE, FLORIDA 33301 / (954) 524-5505 to all public roads and intersections. In addition, the location of the proposed dry stack storage facility, in relation to existing structures at the Harbour Towne Marina and in the general area, is consistent with good planning and design, and will be an enhancement to the Harbour Towne Marina and the surrounding area. 10. That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according the Comprehensive Plan. The proposed dry stack storage use will be an enhancement to the future development of contiguous properties and the general area. As the Property is located in a heavy commercial area that focuses on marine uses, the proposed dry stack storage facility is exactly the type of use that has been approved for this area of the City and is beneficial for this area of the City. In addition, the reduction of impacts associated with the proposed new use will enhance the revitalization of existing nearby neighborhoods. 11. That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. By all accounts, the proposed improvements at the Harbour Towne Marina, including a significant reduction in size of the existing and vacant restaurant, will result in a reduction of possible impacts related to noise, lights, vibrations, fiimes, odors, dust or other physical activities. The proposed project will generate fewer traffic trips, require fewer parking spaces, and operate primarily during the daytime hours, so that the impacts on contiguous properties, as well as properties in the area will be minimal. 12. That the use will not overburden existing public services and facilities. The proposed use will actually create a lesser burden on existing publics services and facilities. The proposed dry stack facility will generate fewer traffic trips than the existing restaurant, require less parking than the existing restaurant, and have a reduced impact on public facilities provided by the City. 13. That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. The proposed site plan for the Special Exception Use provides sufficient and readily accessible access for all essential public services, including fire, police, and rescue services. 14. That the use will be consistent with the definition of the Special Exception Use and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth in the zoning code, or otherwise adopted by the City Commission. FTLDOCS 5132268 1 4 SHUTTS & BOWEN LLP/ 200 EAST BROWARD BOULEVARD, SUITE 2100 / FORT LAUDERDALE, FLORIDA 33301 / (954) 524-5505 The proposed use will be compatible with the general welfare of the community and is consistent with the standards and criteria of the C-4 zoning classification. The proposed use is also consistent with all other requirements for the C-4 zoning classification as set forth in the zoning code. `1 FTLDOCS 5132268 1 5 SHUTTS &BOWEN LLP/ 200 EAST BROWARD BOULEVARD, SUITE 2100 / FORT LAUDERDALE, FLORIDA 33301 / (954) 524-5505 SHgTTS ® EN LLP ATTORNEYS AND COUNSELORS AT LAW VARIANCE SUMMARY AND CRITERIA STATEMENT The Project requires a variance from certain provisions of the C-4 zoning as set forth in Section 4.20 of the Dania Beach Code. The applicable sections of_Section 4.20 provide that: the dry stack storage facility shall not exceed 30 feet in height the dry stack storage facility shall not contain more that fifty(50) boat ships; and the building shall be C.B.S. construction or equivalent acoustical material. 1 The proposed site plan involves a dry stack storage facility for up to 176 vessels, which is 52 feet in height and which is constructed as an architecturally enhanced metal building. The proposed dry stack storage facility is a consistent and compatible use as a part of Harbour Towne Marina and the enforcement of these limitations is unnecessary and will result in an undue hardship. This application for variance meets the following criteria as set forth in Section 10.13 of the Dania Beach Code: a) That special conditions and circumstances exist which are peculiar to the land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district; The proposed development site is uniquely located in the center of the Harbour Towne Marina. The Harbour Towne Marina is strategically located at the eastern most point of the Dania Cut-Off Canal and the Harbour Towne Marina is surrounded on two sides by protected mangrove forest. In addition, the Harbour Towne Marina is strategically located in an area that is optimal for recreational boat storage, providing a public benefit for both the boaters in Dania Beach and throughout Broward County. Due to these special conditions and circumstances that are peculiar to the location of the land at Harbour Towne Marina, there is sufficient justification for a variance at the Harbour Towne Marina property related to this unique marine related use. The proposed building is consistent in height, size and building materials with all other buildings FTLDOCS 5132330 1 previously approved at Harbour Towne Marina. The property is located in a marina and shares infrastructure with other existing dry stack storage uses. It is unusual and unique for a Project to be developed which is designed consistent with adjacent legal non-conforming structures. No other property in the C-4 zoning has these unique characteristics. b) That the special conditions and circumstances do not result from the actions of the applicant. The special conditions and circumstances at the Harbour Towne Marina are unique and attributable to the land and the Houston Park DRI. These special conditions and circumstances are not due to the actions of the applicant, but rather due to the unique location and circumstances surrounding the Property. c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; The Harbour Towne Marina is uniquely located within the C-4 zoning district. No other property in the C-4 zoning district has the same access to public waterways, public boating recreation facilities and marine facilities to } support a dry stack storage facility. No other property in the C-4 zoning is also subject to the unique requirements of the Houston Park DRI. Accordingly, the requested variance will not confer on the applicant any special privilege that is not applicable to other property owners in the same zoning district. d) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The Harbour Towne Marina was developed according to the Houston Park DRI which permitted a significant marina oriented development with rights unique to the property at the Harbour Towne Marina. The purpose of the application is to fulfill the intent and the purposes of the Houston Park DRI and to provide necessary and important marine facilities to serve the boating public and the residents of the City of Dania Beach. The literal interpretation: of the provisions of this chapter would deprive the applicant of important property rights to provide additional boat storage facilities, and it would deprive the boating public of the right to have access to boating facilities at a strategic location on the Dania Cut-Off Canal. The limitations in the Code make it impractical and unreasonable to construct a new boat storage facility at the Property. The code FTLDOCS 5132330 1 2 SHUTTS& BOWEN LLP/ 200 EAST BROWARD BOULEVARD, SUITE 2100 / FORT LAUDERDALE,FLORIDA 33301 / (954) 524-5505 restrictions related to height, storage capacity and building materials provide an unnecessary and undue hardship to the applicant. It is unnecessary and inefficient to limit a boat storage facility at this Property to a maximum of 30 feet in height or 50, boat slips, and require C.B.S. construction, when the existing development pattern at Harbour Towne Marina is consistent with the proposed use. e) The variance granted is the minimum variance and will make possible the reasonable use of the land, building or structure; The proposed development project and boat storage facility is designed to be consistent with and at the same scale as existing boating facilities at the Harbour Towne Marina. In fact, the proposed boat storage facility would provide less boat storage than the other two boat storage facilities at the Marina, and the new building will be an enhanced architectural feature at Harbour Towne Marina. Accordingly, the requested variance is the minimum variance necessary to make a reasonable use of the land and buildings at the Harbour Towne Marina. The requested variance for height is necessary to make this building consistent with the building height of the other boat storage facilities at Harbour Towne Marina. The requested variance for the number of boats is consistent with the other boat storage facilities at the Harbour Towne Marina, and in fact,provides 4 less boat storage than the other existing facilities. Finally, the requested variance for the building materials is to maintain architectural ' consistency with the other boat storage facilities at Harbour Towne Marina and to provide the boat storage in an aesthetically pleasing setting and in an attractive building. f) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The requested variance is consistent with the general intent and purpose of the C-4 zoning district and consistent with the general character of the Commercial marine area on the Dania Cut-Off Canal. The proposed Project and variances will be consistent with the existing scale and style of development at the Harbour Towne Marina and will not be injurious to the area involved or otherwise detrimental to the public welfare. On the contrary, the provision of additional boat storage will benefit the public welfare by providing additional boating facilities for the boating public with fewer impacts to the surrounding community. FTLDOCS 5132330 1 3 SHUTTS& BOWEN LLP/ 200 EAST BROWARD BOULEVARD, SUITE 2100 / FORT LAUDERDALE, FLORIDA 33301 / (954) 524-5505 om Public Hearing Notices 2. NOTICE OF PUBLIC HEARING CITY OF DANIA BEAC II P1,-31-06,SE-32-06 VA-33-06 NOTICE IS HEREBY GIVEN that Dec.4 NOTICE OF PUBLIC I1E:ARING CITY OF DANIA BEACH PL-31-06.SE-32-06 VA-33-06 NOTICE iS 11FRE:BY GIVEN that a public hearing will be held before the: City Commission,on TlA..-.SDAY.December 12,2006.at 7:00 p.m.,or as won 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 comment.-which might be made to the following request: Applicant,Stephen K.Tilbrook,Esq.,on behalf'ofthc property owner Barbour Towne Associates,is requesting plat,variance,special exception and site plan approvals for the construction of a dry stack boat storage building and restaurant located at 801 NE 3 Street.The requested items are as follow: PL-31-06-A request for perimeter plat approval to allow the constntction of a dry stack boat storage building and restaurant. AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE HARBOUR TOWNE MARINA,PLAT NO.2 PI..A'f, SUCH PROPERTY BEING GENERALLY LOCATED A'f 801 NE 3RD STREET.IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN FXI11BIT A,A COPY OF WHICH IS A'I TACI IF.D TOTHIS ORDINANCE:ACCEPTING THE DEiDICATiON FOR PUBLIC USE OF ALL STREETS,HIGHWAYS AND ALLEiN'S AS SHOWN ON SUCH PLAT OF TLIF HARBOUR TOWNE MARINA, PLAT NO.2 PLAT;PROVIDING FOR SEVERABiLITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN FFFECTIVE DATE. VA-33-06-Variance request: I.To allow a building 52-55 feet tall above existing site grade(Chapter 28,"toning,Article 4,District Regulations,Schedule of Use Regulations allows it maximum building height of 40 feet). 2.To allow a dry stack boat storage building with 176 boat slips.Whapter 28,Zoning Article 4,District Regulations,Schedule of Use Regulations allows a maximurn ol'50 boat slips). 3."fo allow a dry stack boat storage building to be construction ofmctal.(Chapter 28,Zoning Article 4.District Regulations,Schedule of Usc Regulations,requires C.13.S,construction or equivalent acoustical material). SE-32-06 -Special F xception request to allow dry stack boat storage use on the property in a C-4(Commercial)coning district. SP-34-06-To allow the construction of a dry stack boat storage building and restaurant. Legally Described as. A parcel of land lying in Section 35.Ttm nship 50 south,Range 42 East more particularly described as follows: Commencing at the northwest comer of said Section 35;thence run due south along the west line of said Section for 1291.28 feet;thence run north 89 deg 18 min 49 sec cast 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 deg 18 min 49 sec east for 757.96 feet;thence run south 00 deg 07 min 24 see west along a line parallel to the cast line of the west 1/4 of the SE 1/4 of the NW 1/4 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 1/4 of the SE 1/4 of the NW 1/4 of said Section 35 for 732.68 feet;thence run north 00 deg 05 min 55 sec east for 30.00 feet;thence run south 89 deg 14 min 20 sec west for 5.0 feet;thence run north 00 deg 05 min 55 sec cast for 427.87 feet;thence run south 89 deg 18 min 49 see west for 20 feet;thence nm north 00 deg 05 min 55 see cast along the west line of the ant 112 of the NW 14 of said section 35 fir 216.02 lcet to the point of beginning;less all canal right of way, fay.The above described parcel o land situate,lying and being in the city of Dania peach,Broward Comity,Florida.Contains 11.50 acres inclusive'of Dania cut-off canal,more or less. Subject to restrictions,reservations,casements and rights of way of record. Copics oftlte proposed request is available fur viewing in the Community Development Dcparnnent. 100 West Dania Beach Blvd..Dania f3cach. Florida betnvicen the hours of 8:00 a.m. and 4:00 p.m..Monday - Friday please call(954)924-36,15 for more information. lnterestcd 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 Brach,FL 33004,(9.54)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,i record of the proceeding,-,and fir such purpose rimy need to insure that a verbatim record ofthe proceeding's is made,which record includes the testimony and evidence upon which the appeal is to based. I ou:inn Cunninsdi;un. Plannins Associate I c ember 1.2006 CITY OF DANIA BEACH Agenda Item # 0 Agenda Request Database Date of Commission Meeting: 12/12/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ._.,�.,..mbim Y2 Tad .s'4�'N���Su. 41Y. RESOLUTION NO.2006-224 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK,ESQ.,ON BEHALF OF THE PROPERTY OWNER,HARBOUR TOWNE ASSOCIATES,INC.,FROM CHAPTER 28,"ZONING",ARTICLE 4, "DISTRICT REGULATIONS","SCHEDULE OF USE REGULATIONS",FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET,IN THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. M ON m a Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-33-06: The applicant, Stephen K. Tilbrook, Esq.,on behalf of the property owner Harbour Towne Associates, is requesting a variance for the construction of a dry stack boat storage building located at 801 NE 3 Street. �ff�.aa'eo,66�1Q:'A�uWCk 4e � ::,,f2&✓ .«.rc� � Nv'k�A�' i 4r*.'C���S�}1 ry r�`Kf 3T��k�ifi�F.�',!'�,'��a L� �,Tu� i P'T XE"r, ;5Z""' i. Y�...�'Y M ' �•/?f, ». tsd°ss "i€2fiar,17,a: '9 �, `'" ""a.* e+s Own Resolution 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 9L Attomey Date CiN Manaoer Date Commission Action: Approved: ❑ 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 L � Corinne Lajoie, AICP, Principal Planner SUBJECT: PL-31-06NA-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 601 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 rior 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. 2"d 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 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. • CITY OF DANIA BEACH DRC COMMENTS AND RESPONSES Applicant: Harbour Town Associates Case No: PL-31-06, SP-34-06, SE-32-06, VA-33-06 Applicant's response to comments are in bold italics following each comment. I. Comments from Karl Kennedy, PE at Calvin Giordano & Associates, Inc Phone: 954-921-7761 The following are our comments for the applicant: �. Plat Review: '° OCT ! f; 7UU6 We have no comments and recommend approval. Site Plan Review: 5 { Sheet 1 of 3: 1. Provide area, finished floor elevation, and height of all existing and proposed buildings located within the site. The finished floor elevation for the proposed boat storage faclity is Elev. 6.30 NVGD. The finished floor elevation for the proposed future restaurant is Elev. 8.00 NGVD. 2. Provide the dimensions of the site. Please see Sheet 1 and survey. 3. Provide lots and blocks of all adjacent properties, giving the plat book and page number along with the owner's name of such plats. Please see Sheet I and survey. 4. Provide all existing streets, including name and right-of-way. Please see Sheet 1 and survey. 5. Show entrance detail to the property. Please see Sheet 1 and survey. FTLDOCS 5137995 1 6. Per City of Dania Beach Code of Ordinances, Chapter 26, Article IV, Section 26-48, "There shall be no more than twelve (12) parking stalls along the same parking aisle without .a five-foot-wide by fifteen-foot-long intermediate landscape peninsula." Please revise your parking plan accordingly. Concur. Please see Sheet 2. Stalls do not exceed 12 in new project area. Sheet 2 of 3: 1. Verify the parking space calculations provided. Use the parking space guidelines provided in the City of Dania Bank Code of Ordinances, Chapter 28, Article 6. Concur. Please see Sheet 1. Other: 1. Provide Stormwater Management Calculations. See the enclosed Harbour Towne surface water calculations. 2. Provide Pervious/Impervious Calculations. Please see Sheet 2 ro'J for ect area only). ( P Y). 3. Provide marking and signing plan and details. See civil engineering plans (Sheet C-7). 4. Provide conceptual grading plan. See civil engineering plans (Sheet C-4). 5. Provide conceptual drainage plan. See civil engineering plans (Sheet C-4). 6. Provide conceptual water/wastewater plan. See civil engineering plans (Sheet C-5). Special Exception Review: We have no comments and recommend approval. FTLDOCS 5137995 1 Variance Review: Provide the following information for the existing and proposed boat storage buildings: 1. Number of boats. Please see Sheet 1. See proposed calculations under parking reqd. 2. Height of building. Please see Sheet 1, Building Data. 3. Building material. Please see Sheet 1,Narrative for Variance, Building Data and survey. FTLDOCS 5137995 1 H. Comments from Sean Brown, Fire Marshall (954) 924-3658 WATER SUPPLY APPROVED WATER SUPPLY (See NFPA 13, Chapter 15, Section A.15.2.1 & Handbook) Provide a Fire Flow Test to be witnessed by the Fire Prevention Bureau to determine adequate water supply. A Fire Flow Test was conducted at the proposed construction site on July 27, 2006. See enclosed Fire Flow Test. FIRE FLOW CALCULATIONS (Buildings in excess of 5,000 Sq. Ft.) Provide Fire Flow Calculations prepared by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with the Guide for the Detennination of Required Fire Flow, Edition 05- 2006 published by the Insurance Services Office. See enclosed Fire Flow Calculations. DISTRIBUTION SYSTEMS TO BE LOOPED All distribution systems shall be designed to reduce the dead-end mains and provide a loop for new and existing mains. The existing distribution system is a dead end. The site's configuration does not allow for a looped system. MINIMUM SIZE FOR PRIVATE FIRE SERVICE MAINS Private Fire Service Mains. Pipe smaller than 8 inches in diammeter shall not be installed as a private service main supplying hydrants. [24:5.2.1] The existing and proposed water mains are 8" diameter. SPRINKLER SYSTEM REQUIRED Buildings 3 or more stories in height and 3 or more units attached shall be equipped with a complete automatic fire sprinkler system. Completed engineered fire sprinker drawings are required with construction document submittal. Please Note. [FBC 903.6] The proposed boat storage facility will be equipped with a complete automatic fire sprinkler system. FTLDOCS 5137995 1 �1 FIRE HYDRANTS & FIRE PROTECTION APPLIANCES HYDRANT DETAIL REQUIREMENTS Please provide fire hydrant detail in accordance with the following: 1. The center of a hose outlet shall not be less than 18 inches above final grade, (or where located in a hose house, 12 inches above the floor) [24:7.3.3] Fire Protection plans will be prepared as part of the Building Department submittal and will comply with the 18" requirement. 2. The Steamer opening is to be 4 '/4 inches in size with four (4) National Standard Threads per inch. Fire protection plans will be prepared as part of the Building Department submittal and will comply with the 4-1/2" opening requirement. 3. All fire hydrants shall be "traffic type"to break-away upon impact. See civil engineering plans for detail (Sheet C-6). 4. The fire hydrant main body valve shall open against the flow and shall close with the flow. Concur. BLUE REFLECTIVE HYDRANT MARKERS Provide one (1) blue double-reflective department of transportation type road marker (Roadway Pavement Marker (RPM)) to be adhered to the hard surfaces of the roadway in the middle of the lane nearest to, and directly in front of the newly installed fire hydrants. [AHJ] A blue double-reflective department of transportation type road marker is provided at the proposed fire hydrant location. See civil engineering plans (Sheet C-5). IMPACT PROTECTION Provide bollards consisting of three inch steel pipe buried at three feet deep, with three feet of height above ground level and spaced three feet apart. These bollards are to be filled with concrete and capped are acceptable. [24:7.3.5] [24:7.3.6] [13:8.15.1.3.2] Concrete filled bollards are provided at the proposed fire hydrant locations. See civil engineering plans Sheet C-5, fire line notes #6. CLEARANCE REQUIREMENTS FOR FIRE HYDRANTS & FIRE PROTECTION APPLIANCES Provide clearances of 7'6" in front of and to the sides of the fire hydrant, with a 4' clearance to the rear of the hydrant or fire protection appliance. [1:18.3.4.1] FTLDOCS 5137995 1 The required clearances are provided at the proposed fire hydrant location. See civil engineering plans Sheet C-5, fire line notes #7. HYDRANT MAIN SIZE—8" Hydrants mains must have a minimum 8" diameter connection with the mains. [24:7.1.1] Concur. See civil engineering plans Sheet C-5. The existing water main is 8" diameter. HYDRANT SPACING FOR COMMERCIAL PROPERTY Hydrant spacing shall not exceed 300 feet linear separation for commercial properties (to also include apartment buildings, condominiums, townhouses, etc.). [24:7.2.1] [AHJ] See civil engineering plans Sheet C-5 for fire hydrant spacing. STANDPIPE SYSTEMS REQUIRED Provide Location of standpipes. See civil engineering plans Sheet C-5 for fire hydrant spacing. LOCATIONS OF FIRE DEPARTMENT CONNECTIONS Fire department connections shall be added: l. On the street side of buildings. 2. Where fully visible and recognizable from the street or nearest point of fire department apparatus accessibility. 3. And arranged so that hose lines can be attached to the inlets without interference from nearby objects, including buildings, fences, posts, or other fire department connections. [14:6.3.5.1] 4. Not more than 100 ft. from the nearest fire hydrant coruiected to an approved water supply. [14:6.3.5.4] 5. On the same side of the roadway or fire lane as the nearest fire hydrant. [AHJ] 6. Within three ft. (3') of the curb line of fire lanes,streets. [AHJ] 7. In a place that will allow a space four feet (4') on both sides of the fire department connection centerline that must be kept open at all times, See civil engineering plans Sheet C-5, fire line notes #8. SIGNAGE FOR FIRE DEPARTMENT CONNECTIONS 1. The FDC must be identified as to the building (complete address) or portion of the building it serves. Provide a permanent tactile sign at the FDC to meet the above requirement. [14:6.5.3] See civil engineering plans Sheet C-5, fire line notes #4. FTLDOCS 5137995 1 2. Each fire department connection shall be designated by a sign having raised letters, at least 1 inch in height, cast on a plate or fitting that reads "STANDPIPE", "STANDPIPE AND AUTOSPKR", or'"AUTOSPKR AND STANDPIPE". [14:6.3.5.2] See civil engineering plans Sheet C-5, fire line notes #9. 3. A sign also shall indicate the pressure required at the inlets to deliver the system demand. [14:6.3.5.2.2] See civil engineering plans Sheet C-5,fire lines #9. BACKFLOWS REQUIRED (See NFPA 13, Chapter 15, Section A.15.1.8 & Handbook] Provide a Backflow Prevention Assembly for the Fire Sprinkler System that meets the following requirements: 1. All backflow preventors must be Accessible for service and maintenance. [13:8.16.4.6] 2. All backflow preventors must be Listed for fire protection service. [13:8.16.4.6] 3. All backflow preventors must be installed above ground. [AHJ] See civil engineering plans Sheet C-5, fire line notes #10. FTLDOCS 5137995 1 III. Comments from Corinne Church, Principal Planner (954) 924-3704 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at the time of further review of this project. 2. Change all reference of`the City of Dania' on the plat to `the City of Dania Beach'. Concur. 3. Add the following Broward County required language to the City of Dania Beach signature block: "No building permits shall be issued for the constriction, expansion and/or conversion of a building within this plat until such time as the developer provides this municipality with written confirmation from Broward County that all applicable impact fees have been paid or are not due." Concur. 4. 8' max. height of monument signs allowed. Revise accordingly, Concur. Please see Sheet 2. 5. Min. 5' setback required for monument signs. Provide measurement. Concur. Please see Sheet 2. 6. Identify method of illumination for monument sign. Please see Sheet 2. 7. Existing calculations shown on sheet 2 shows zoning = C-3. Existing zoning is really C- 4. Revise accordingly. Moved to Sheet 1. Please see Sheet 1. 8. 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. Please see Total Site Area on Sheet 1 identified as total and site project revised to match survey. Survey calculation of area reflects only the area of the plat or project boundary. 9. Provide detail of typical parking space. Please see Sheet 2. FTLDOCS 5137995 1 10. All landscaped areas must be curbed with type "D" or "F" curbing. Provide detail. All landscaped areas are curbed with type "D" curbing. See civil engineering plans Sheet C-5 for plan view and Sheet C-6 for detail. 11. Must provide traffic study as discussed at meeting on December 27, 2005. Concur. Please see attached Traffic Generation Study prepared by Kimley Horne. 12. Must identify boundary between City and privately owned property on survey. Please see Sheet 1 for identification of project boundaries and property line boundaries. Sheet 1 is a site plan, not a survey. 13. Please provide 2 copies of color rendering with next submittal. OK, provided. Please see submission set. 14. Provide documentation from South Florida Regional Planning Council/Department of Community Affairs stating that the proposed changes do not require an amendment to the DRI. Please see attached letter and House Bill 683 which has been signed into law. This bill exempts Marinas and Dry Stack Storage facilities from the DRI analysis. 15. Must provide 1 parking space for 2 boat storage spaces. Revise calculation accordingly. Concur. Please see Sheet 1 for modified parking calculation. NOTES: ® Plat required. ® Site plan required. ® Variances required. o Dry stack storage facility not to exceed 30'; 52' proposed. o Dry stack storage facility not to contain more than 50 slips; 176 slips proposed. o Building shall be CBS construction or equivalent acoustical material; metal building is proposed. FTLDOCS 5137995 1 IV. Comments from Patti Hoot-McLeod, Landscape Consultant 1. Change the Variegated pittosporum to Arboricola trinette or capella. Concur. Please see Sheet L-1. 2. A tree removal permit must accompany the application. Concur. 3. Move (1) oak tree that is indicated to be installed next to the water meter in the landscape island on the south side of the building in the parking lot to a better location on site. Concur. Sheet L-1. 4. Add a note that states all relocated material must be in Florida #1 condition at time of final inspection or the species must be replaced at equal size. Concur. Sheet L-1. 5. A bond must be posted for the relocated trees. Concur. 6. Any trees to remain must be protected during construction and be Florida #1 at time of final inspection. If the trees to remain are damaged they will have to be replaced prior to final inspection. Concur. FTLDOCS 5137995 1 1 l Kimley-Horn and Associates,Inc. Memorandum To: Mr. Stephen K.Tilbrook, Esq. Shutts& Bowen, LLP From: J. Suzanne Danielsen, P.E. __."-'--- ' -- J Date: August 15, 2006 Rc: Harbour Towne Marina Dania Beach,Florida As requested,Kimley-Horn and Associates,Inc. has completed a traffic equivalency evaluation for the above-mentioned property located at 801 N.E. Yd Street in Dania Beach,Florida. According to the site plan provided(dated March 28,2006)Harbour Towne.Associates is proposing to reduce existing restaurant use from 6.575 square feet to 1,967 square feet and add a new dry stack boat storage facility with capacity for 176 boats. The net effect of these changes on traffic associated with this property is examined in the following paragraphs. Trip Generation Trip generation characteristics were quantified through use of data available from the Institute of Transportation Engineers(ITE)report, Trip Generation, 7'h Edition. These documents provide trip generation data for a variety of development types based an daily and peak-hour scenarios often indicating the percentage split between entering and exiting trips. Table 1 attached summarizes trip generation characteristics of the proposed development. Site traffic volumes shown in this table were derived using rates provided in land use categories 'Marina' (Land Use Code 420)and 'High- Turnover(sit-down) Restaurant(Land Use Code 932). As shown in Table 1, the proposed development including 1.967 square feet of restaurant use should generate 771 vehicle trips per day with 37 and 54 occurring during A.M. and P.M. peak hours,respectively. Removal of the existing restaurant facility should also result in removal of 76 A.M. and 72 Y.M.peak hour vehicle trips as shown in Table I. The proposed development plan will therefore produce 65 fewer vehicle trips per day, 39 fewer vehicle trips during the A.M.peak hour and 18 fewer vehicle trips during the P.M. peak hour. Kimley-Horn Mr.Stephen K.Tilbrook,Esq.,August 15,2OW Page 2 and Associates, Inc. Conclusion In summary,the proposed development plan is expected to result in a reduced n traffic impact in comparison to uses currently existing onsite. suite 109 52W N.W.33td Avm Of course,should you have questions or require additional information,please do A.t,*roue,F"u not hesitate to contact me directly. 33309 GM43068000-harbour iownp ffurin&W 15 06 d1hrnok.doe V tale 16 0 fe J. Suzanne Danielsen,P.E. Florida Registration Number 42533 Kimley-Horn and Associates.Inc. 5200 NW 33'd Avenue,Suite 109 Fort Lauderdale,FI.33309 CA#00000696 0 TEL 954 535 5100 FAX 954 739 2247 g,l O UA to N <ONCD ap � LO 2a0 OCO � N � M 2'�F co �r N ` 00 p $ o_ o. X Xin X o., N N ' N_ � O ® I� d Coco to16. 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The trai t study;was developed for the daily' AIVrt and PIS"Ixak hours: a) The analysis provided for the Traffic fmpact Study indicates that the pro sed; reconstruction of the site will reduce to �n the-dais p Ps y, . and PM peak periods to the roadway network. The tables provided are adequate for this type ofanalyis. PANOJEI`rO 199T,971 S26 DANIA DENCE\LMER5 vm PEmR mm.vwx!R'rg1Y�/E AIA RiNA VARIV4cE.wo SITE PLAN REVIEW RE13.DM i IR $ t b r. e r A pY �i{�e{�2'tY^ 0 �y� � �t,:y { <ra .rt� r'r � f J. r 1 .' w d a i ✓. +b c g .r 7 �,: r V l� 7 t y ` „ yc 3K �' w4fki Fr• is 'S'% ^ a fit• '9s .� :r.< R x t v ;i w � €�• � Eg .it s'F ."' ""i� tiY�` �it t� iFrs' t av` :•. OF �* f�ta pry z Y ; ,�, kk r x rt '/x-ti. a 'w..z C"5` s r•r`„ .ram w 'day �(+��Y�, aka A J J'3 a P W+ t.. \ ::s ,Y'MM� i•. 'RiArwG W 2 �, 4 .¢ T , � �' � P•3• ^' .ys,, �� x�'�0.'l�ra �? � 4 yt[ t x .� t%�,!j �/7e�, 4,ad r ����':¢7$� •'c.:.a Rf.;.�'r 9A'y:�" ��:,,. x :7,� i ?§... r,� {S c A � ;�'xr � ✓' } ... 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"P x '�yti .s}S' t�A`�`� i "�" '��'�' �' r is '� r�+q�.. t`tA t: 'p..P•s•': ,GF4•ce"ke:,4 11t' ,`r.� t., i.:, € .�tr'�`M u r`:t .&-2'.v ad}3.r\'.,... � ";'.a w} r, :r�k,w� ;.' s"4 "'t'�^4 +-^t ;k R d.g-/{i' c � •' �( ,`\T'«a!�'�s. t4`� `�R y k ;`i °� w 4ti s 'ir '.D :.t { � < . r �R'.F R '-P r•F t.. 9 R, �T sn"�..'�'` rt�S x�r�,....�'t gr�•r�'C.,,,t,ye'�n c'�7s '�7':.}� y!a � ,.P� t :, P Z-j j t J J A K R r r vioROJEMT 1997',971926 DAMA MISCELVANEQl1SNENGpyF RNGt�O1iRESPGAyp�1(Et(�7 Rq AND >R��}iARBOI.R TOwtve yAtintq Y�RIA!x�A:voStre pt„+:v REvtEw REv3.00C i, CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT - --- ----_______ ROUTING SHEET PR --- --------- E Route Date 10/19/2006 PZ Log SP-34-06 Project jHarbour Town i Folio 50-42-34-00-0160 50-42-34-00-0161 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail❑ Pick Up In-house ❑ Fire Marshal❑ Landscape ❑ BSO❑ Public Services Planner❑ Other Consultants ❑CGA Approved as submitted DeniedV Comments must address prior to PZ/Commission hearing El Approved w/conditions (� List Conditions Signature ®o to Date Print Name OCT �U06 1 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET I Route Date 10/26/2006 PZ Log SP-34-06;VA-33-06 SE-32-08;PL-31-08 Project [Harbour Towne Folio 50-4�0_0160;0161 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. louts Via: Mail❑ Pick Up In-house ❑ Fire Marshal Landscape ❑ BSO❑ r„ Public Services ❑ Planner❑ Other Consultants❑CGA Approved as submitted Denied ❑ w.. AComments must address prior to PZ/Commission hearing Approved w/conditions [] ], List Conditions NOV U 3 2006 04 1P r -- ---- o } Siggna�tur�e�� Da e Print Name • Cot of Dania each Fire Rescue �o Y o Bureau of Fire Preventionn 190& ®n �, SITE PLAN REVIEW COMMENT SHEET Date: 11/3106 Time Spent: 1 Hr., 30 Mins. Project Name: Harbour Towne Marina Redevelopment SP-34-06 Plan Reviewer: S. Brown [ ] Approved As Submitted [ ] Denied [ ]Approved With Conditions [X] Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS 1 CONDITIONS: YVATER SUPPL 1. The Hydrant Flow Test Data and the Fire Flow Calculations must be sealed by the Engineer of Record. 2. Provide additional detail for the dead-end fire main. What is the total distance of the main. Provide detail of other mains in the area for further review. 3. Provide Class I Standpipe systems (Hose Cabinets) every 300' feet along all docking areas / sea wall areas for the fire protection of boats in accordance with NFPA 303:4.4.1 CITY OF DANIA BEACH > COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Al . Route Date 8/ 61 02/O i6i6 PZ Log 1SP-34-06 Project iHARBOR TOWN MARINA 801 NE 3 S 11 TR 11 E 11 E 11 T Folio 004234000611617 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: - Mail❑ Pick Up ❑d In-house ❑ Fire Marshal❑ Landscape BSO ❑ Public Services ❑ Planner❑ —_ Other Consultants ❑CGA Approved as submitted De nied❑ Comments must address prior ❑ to PZ/Commission hearing Approved w/conditions ❑ List Conditions FAA.v� i Signature Date Print Name — 4 August 21, 2006 •I MEMORANDUM TO: Corrine Church, Planner FROM: Patti Hoot-McLeod Landscape Consultant RE: Harbor Town Marina* re-submittal SP-34-06 * VA-33-06 The revised landscape plan dated 8/l/06 exceeds the City of Dania Beach landscape requirements and is approved as submitted. Respectfully submit d Patti Hoot-McLeo Landscape Consultan i ') y BROWARh COUNTY PLANNING COUNCIL 115 SOUTH ANDREWS AVENUE, ROOM 507 e FORT LAUDERDALE, FLORIDA 55501 TO: David Danovitz,AICP, Assistant Director, Development Management Division Broward County Urban Planning and Redevelopment Department FROM: Henry A. Sniezek, AICP, Executive Director f', _ 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. - 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 ,taurence G. Leeds, Director, Growth Management Department City of Dania Beach i TELEPHONE: 05`' 57.6695 a FAX: 954.557.6685 World Wide We6: 6ttp://www.co.6rowarJ.P.us/olanninecouncil NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH PL-31-06/SE-32-06/VA-33-06 • NOTICE IS HEREBY GIVEN-that a public hearing will be held before the: City Commission, on TUESDAY, December 12, 2006, at 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: Applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting plat, variance, special exception and site plan approvals for the construction of a dry stack boat storage building and restaurant located at 801 NE 3 Street. The requested items are as follow: PL-31-06 - A request for perimeter plat approval to allow the construction of a dry stack boat storage building and restaurant. 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 3' 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. VA-33-06—Variance request: 1. To allow a building 52 - 55 feet tall above existing site grade(Chapter 28, Zoning, Article 4, District Regulations, Schedule of Use Regulations allows a maximum building height of 40 feet.) 2. To allow a dry stack boat,storage building with 176 boat slips. (Chapter 28,Zoning Article 4, District Regulations, Schedule of Use Regulations allows a maximum of 50 boat slips.) 3. To allow a dry stack boat storage building to be construction of metal. (Chapter 28, Zoning Article 4, District Regulations, Schedule of Use Regulations, requires C.B.S. construction or equivalent acoustical material.) SE-32-06— Special Exception request to allow dry stack boat storage use on the property in a C-4 (Commercial) zoning district. SP-34-06—To allow the construction of a dry stack boat storage building and restaurant. Legally Described as: 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 '/a 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 '/z 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. • Copies of the proposed request is 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: Friday, December 1, 2006 Location Map Daniaa Cut-WCMM This site C3 NE'114D'PL: �i HE Nip ST. RM4 Z co 0 0 0 M N D O W m w W r 0��H F� w titi `n oow0000N DEC, - I90OF MM W ti pP- ONN -� O 00 OOOOOOMt- 0 C) - Q �i 0) 0) 0) 0) 0) 0) OOM000) M M NN9 NNNNNNMN N ` �✓ �• ., 1 7 M 1 1 1 1 1 vNV 'g0 �t8 'IT wo � oo O N O O M N O O O O O O M M M M M M M M M M M W M M M (C� O O O O CV) v M M M M M M M M M M J M M M M 0 0 0 0 r LL' -J JJJU- mJJJJJJQJJJJMf MM C4: C) C LL LL LL LL -q• LL U. 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