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HomeMy WebLinkAboutO-2007-014 Boatyards ORDINANCE NO. 2007-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CITY CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT, WHICH AREA IS GENERALLY LOCATED NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach ("City") recognizes the need to accommodate the use of lands within Dania Beach generally located along the Dania Cut-Off Canal from the east end of the City limits, west 180 feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, including those properties described on Exhibit "1", attached to this Ordinance, which area serves various shipyards, boatyards, marine construction and shipping interests and which area contributes to the economic vitality of the City; and WHEREAS, the City Commission has followed the procedures of Section 166.041(3)(c)2., Florida Statutes, for public notice and hearings relating to ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed and incorporated as the legislative intent of this Ordinance. Section 2. That Chapter 28, "Zoning", Article 27, "INDUSTRIAL-GENERAL (IG) DISTRICT, Section 27.10, Purpose, of the Code of Ordinances of the City of Dania Beach, Florida, is amended to read as follows: 27.10. Purpose. The Industrial-General (IG) District is intended to accommodate light- and medium- intensity industrial, research, assembly, fabrication; and repair uses within a completely enclosed building. Some manufacturing uses are permitted provided they meet location requirements necessary to protect residential areas. Some shipping, shipyard and marine construction business uses are permitted subject to compliance with location requirements and performance standards necessary to protect single family residential zoning districts, as provided in subsections 27.20 (m) and (n). Truck parking, queuing, stacking, loading and unloading shall be prohibited with any public right-of-way adjacent to an IG District. Section 3. That Chapter 28, "Zoning", Article 27, "INDUSTRIAL-GENERAL (IG) ZONING DISTRICT", of the Code of Ordinances of the City of Dania Beach, Florida, is amended to add a new Subsection to Section 27.20, 'Permitted uses" to read as follows: • • • (n) The following ship building, boat building, repair and marine construction activity uses conducted indoors or outdoors, but within the confines of the individual properties generally located along the Dania Cut-Off Canal from the east end of the City limits, west 180 feet past the end of Taylor Lane, south of Taylor Lane to the north bank of the Dania Cut-Off Canal, and more specifically described as Parcel A and Parcel B of Transworld Plat, Powell Brothers Barge Terminal Plat, Derecktor's South Plat and Port Laudania Plat, less the east 333 feet of the South 743.82 feet and Dania Canal, not including easements and rights of way, and unless otherwise stated below, set back a minimum of 100 feet from any residential zoning district. If there is any conflict between the provisions of this subsection and any other provision of Article 27, the provisions of this subsection will prevail. (1) Ship/boat building, ship/boat repairs, associated assembly, fabrication, outfitting and maintenance, marine construction and equipment loading and handling operations. (2) Warehousing of materials, supplies, cargo and equipment related to shipyards, boatyards and marine construction businesses. (3) Outdoor storage of materials, supplies, cargo, equipment, machinery, staging, vehicles, vessels, trailers, ladders and other associated items related to shipyard, boatyard and marine construction. (4) Storage containers required for storage of shipyard/boatyard materials, vessel supplies, cargo, and construction tools and materials. Storage containers shall not exceed fifty (50) containers per property. The containers shall not be stacked or used as ship building or repair work shops and shall be set back a minimum of twenty-five (25) feet from 2 ORDINANCE 92007-014 Taylor Lane and twenty-five (25) feet from the Dania Cut-Off Canal. During named storms, all containers and loose materials shall be secured. (5) One (1) office trailer not to exceed one thousand (1,000) square feet, set back a minimum of thirty-five (35) feet from Taylor Lane. The trailer shall be properly secured. (6) Fuel tanks, including mobile fueling from fuel trucks or fuel barges, for fueling of vehicles and ships as an accessory use and as regulated and permitted by the State of Florida Department of Environmental Protection and the Broward County Environmental Protection Department. (7) For those properties located along and with access to Taylor Lane, including those properties on the north side of Taylor Lane, parking of vehicles on hard surface or good rolled, crushed rock base, as an accessory use. (8) Security gatehouse, including manufactured modular buildings, complying with applicable building code requirements, as an accessory use, when approved by the Broward Sheriffs Office, the Dania Beach Fire Department, and the City Public Services Director. (9) Retail sales of materials and supplies used for construction and repair of vessels. (10) The following shipping, marine transportation and barge operation uses are recognized by the City as special uses for those certain properties as described in this subsection and they shall be permitted for up to one hundred twenty (120) days in any calendar year, subject to the following conditions: a. Prior written approval by the City Manager and the Community Development Director is required, if the length of time any one use will be in operation will exceed fourteen (14) days. For uses, excluding barges, which will be in operation fourteen (14) days or less, written notice shall be provided to the Community Development Department indicating the location and duration of the operation. Prior written approval for barges shall be required regardless of duration. b. Barges shall not exceed one hundred ninety (190) feet in length. C. No more than two (2) barges are permitted at any one time within the confines of the area described above. d. Waiver of the above conditions is subject to City Commission 3 ORDINANCE#2007-014 approval. Section 4. 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 5. 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 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on July 24, 2007. PASSED AND ADOPTED on second reading on August 14, 2007. BOB ANT MAYOR-HOMMISSIONER AT 'ESA Te/ C LLOUI'SE SSTLILSON, CMC CITY CLERK APPROVED W,. AN 'RO D CORRECTNESS: BY: THO CITY A 4 ORDINANCE#2007-014 Exhibit 1 Folio Numbers /Legal Descriptions 490 Tavlor Lane Folio Nos. 5042-34-43-0010; 5042-34-43-0020 Parcel A and Parcel B of Transworld Plat, according to the Plat thereof, recorded in Plat Book 116, Page 8, of the Public Records of Broward County, Florida. 775 Tavlor Lane Folio No. 5042-35-10-0010 Tract 1 of Derecktor's South, according to the Plat thereof, recorded in Plat Book 89, Page 21, of the Public Records of Broward County, Florida. 760 Tavlor Road Folio No, 5042-35-12-0010 Lot 1 of Powell Brothers Barge Terminal, according to the Plat thereof, recorded in Plat Book 96, Page 27, of the Public Records of Broward County, Florida. 750 NE 71h Ave Folio No. 5042-35-17-0010 Parcel A of Port Laudania, according to the Plat thereof, recorded in Plat Book 120, Page 39, of the Public Records of Broward County, Florida, LESS AND EXCEPT the East 333 feet of the South 743.82 feet and Dania Canal. 5 ORDINANCE#2007-014 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Uni ❑ Land Use Amendment r l ❑ Plat ❑ Plat Delegation Request t ❑ Rezoning I Date Rec'd: ❑ Site❑ ( �1 Special Exception Petition No.:�X _ C> ❑ Special Request ❑ TrafBcaray Waiverk. i f t 4 i ❑ Varian _ _ .__. ❑ Vacation Request m Other Zoning code text change 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"cheddist to determine the supplemental documents required with each application. 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: 490 Taylor Lane, 760 Taylor Lane, 775 Taylor Lane, 750 NE 7th Avenue Lot(s): Block: Subdivision: Recorded Plat Name: PORT LAUDANIA Follo Number(s): See Exhibit 1 Legal Description: See Exhibit 1 Applicant onsultant)Legai Representative(circle one) Gunster. Yoakl y & Stewart Address of Applicant: 500 F. Broward Blvd Sur rn 1400, Fnrr T n d rdal e �94 Business Telephone: 954-462-2000 Home; Fax: 954-523-1722 Name of Property Owner: See Exhibit 2 Address of Property Owner: See Exhibit 2 Business Telephone: Home: Fax: _ Explanation of Request: Text change to I-G Zoning District Prca. Net Acreage: NSA Grass Acreage: NSA Prop. Square Footage: NSA ilarina, boatyard, manufacturing, assembly EAR;ng U_a:and uses related and Proposed Use: Same accessory Is Frop._r�/cwred individually, by a corportion, or a joint venture? Corporations and Joint venture I understand that site plan and variance approval automatically expires within 12 mo I so Cit ommisslon approval, pursuant to Ordinance No. 2005-040. Donald R. Hall 3/30/07 Ap lican Owner gnature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This 30thdayof March 20_j Gunster Yo e Signature: l 11 l I I Date: March 30, 2007 I-�nc,,tSE: � By: Donald R. Hall Slg6Narridof Notary Publ (Print Name) Stateof( Florida ) 500 E. Broward Blvd. Suite 500 MAQV u. J-If1RGr2EAy'S5 Fort Lauderdale, FL 33394 Print Name of Notary Street Address, City, State and Zip Code 954-462-2000 Sea]: e5 MARYiIHARGREAVEB 954-523-1722 S ntY DU2i879T' Seal: CiPAES:September 14,2007 Telephone No. &Fax No. NG„ eaee.a mu winry wMo utl.nw, INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described abov d that I have authorized (Appllcant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: e: Sign Name of Notary Public (Print Name) State of( ) Print Name of Nr y Street Address, City, State and Zip Code Co_rnrn— n Expires; 5 Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This Is to rxltity that the below referenced corporation Is the owner of subject lands described above that 1, as a duly autlrortred officer, have authorized (Appllout/Cartstrttstrt/ ) to make and file the aforesaid a Shorn to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: Print Name) Sign Name of Notary Publk (Print Title) Stated( ) Print Named stred Addre%city,state and zip Code Conn "res: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE- This Is to candy that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partrws have authorized (AppkwkcanweanyRepresemative) Gur/srEjL. LAKLEY , STct<:ae_r t0make and file ffe aforesaid application. Sworn to and subscribed before me This day of 20 0!] D < Signature: .�'u1 `�; -l�ct.' 511- Date: FA r� S• !�0 a/ C L� Tim. I (Print Name)** Sign Nao-A of Note Public state of( (MFr 0 A ) G r-RIE RD5i=-45,L:ke— 01A 4-Anr, ?30o4 Font Name of Notary Street Address,city,State and°/p Code Commission Expires: 9 3d07 la 4 4 3 - 1302 Seal: Telephone No. &Fax No. i1..,.,:t CHERIEROSENBERG i c . 'I.Av�CRMwt[ahtCAtlMMd icate sleets as required. CORPORATION NOTARIZED SIGNATURE: This Is to on"tlnat the below referenced corporation Is the owner of subject lands described above and that I, as a duly authorized of kw, have authorized (ApptontlCom to make and file the aforesaid a Orr. Shorn to and saftoibed before me Corporabon Name: This_day of 20_ 519nabre: Date: M Name) Sign Name of Notary Pt"Ic (Prtrat Title) State of( ) Pdnt Name of Street Address,City,State and Zip Code can Expires: Telephone No. &fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to cer* that the below referenced that the drdy authorized persons are the owners of subject lands described above and that all partners have auUrodzed (ApplicoMormitanttRepresentative) uAsrEQ,'innkt.N a SrtrcaQT to make and file the aforesaid application. Sworn to and subscribed before me This Z I day of 11A AX-CN 20 0' Signature: 9k t>t'V �� Date: v1,It 0" R . A POlJ9 Ojtz�*gj— kz-A�- (Print Name)** Slgn Narne of Notary l State of( Fl.DRrl)n ) n 7 � a /�0 /�/cot �A�1C �AtJ". 11EACh- Fc , 3300 Print Name of Notary Street Address,Oty,State and Zip Code Commission Expires: �19/�°O� �QSyI �L3—130 2 /�Sy� �L 3 — l 3 0 CHEAIEFOSEM1DEHp Telephone No. &Fax No. �I •i .? MYCOMMISSICNnDD21302i it I3 iat EkPIDES,May19.200 _ �: =;:T�y�v}iartnrnrtaot:�>9w.<A J duplicate streets as required. 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) hLIAZ LLirF +' - a AA • to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: ERE o2 N/�E -ABC• d VtXJ'C T1 rZ G F FLo�iOA This�day of AY��i 20� Signal. Date: J1Z'712oo7 KEN 17MON01 (Print Name) Sign Name of Notary Public (Print Title) State of(Ito 2# ow ) lAueel/A S. 4-u,CNass 171" f4Yco2 /— rf Print Name of Notary Street Address,Gty,State and Zip Code Commission Expires:?�/3/t___, ao 1 Pti•dSr2f --r-I'M-GMr osy I2,r-//44 Seal: ,�)',, MisCellg S.Furness Telephone No. &Fax No. ;+?� CommissionODD218940 i•.•E Expires:Ju113,2007 • .....W, Bonded Tlw �W N".: Atlantic Bonding Co.,Too. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are owners of subject lands described above and that all partners have authorized (Appllcan onsultangRepresentadve) to make and fil a aforesaid application. Sworn to and subscribed before me This_day of _20_ Signature: Date, (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission :res: Scal: Telephone No. & Fax No. *p,,rh 7artne,r Ti,.r 56-n_ Attach duplicate sheets as required. CORPORATION NOTARIZED SIGNATURE: This Is to c&*that the below referencec�mrporatlon is the owner of subject lands described above and that I, as duly authorized officer, have authorized (Applicant/Consubr*/Represotathm) (�uN•.rc1L onil�¢V • SrcuaR.T to make and Ale the aforesaid application. Sworn to and subscribed before me CL~ ationn Nah orpor ree: This 2% day of c (.. 201 7, /Signature: � tl — .h•'. Date: �4ergL ZZi 2-�)"T Fr",,. (Print Name) AAAIA r r Sign Name of Nc&bry Public (Print Title) Stateof(F' O ►OA ) Isl477 us ++•r•, Ili tJ"6. , s' 3: BA►2B M VAC r- L' V".*tf Print Name of Notary Street Address,City,State and Zip code Commission Extuires lo./aQAW'�? »»«»•»••••••»••»«• Telephone No. &Fax No. 9AaaARA SACK • CaaM 00036 70 MAMMw{MaltitriM rnr Arl1. w JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are owners of subject lands described above and that all partners have authorized (Appiican onsuUnt/Representative) to make and FlI a aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date- (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City,State and Zip Code Ccmmisslon ices: Se/al: Telephone No. & Fax No. i'*'E�ih partner.l .ut sign. Attach duplicate sheets as required. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation Is the owner of subject lands described above and that I a�, a duly autha ed officer, w authorized (Appllant/Consukant/Represeru&ft) j' Gu vS7fL wlGt f. , (Rave to make and file the aforesaid appllotlom Swom to and subscribed before me Corporation Name: 'n-(l A ' O NGS, TNC Thisdayof r2Ctr 202—/ S Signature: Date: / , d CSreyN 5-?X,4uB (Prkit Name) �lClQr.tltf, rM(�Q✓ �/ZRS. Sign Name of Notary Public (Print Title) state of( MrA ) /t d u. )Vt.6-C le 11196 Aceb Am> ArAevvdzur R �t\IllllllllPf��t Name of Notary Street Address,City,State and Zip Code MAR/,E Ri�� on Fxplres Tc7� No. &FaxNo. � � vs '7330 ;•.'S. iiTURE/PARTNERSHIP NOTARIZED SIGNATURE: � ''�r f CII � eescrib certify abo aboveat the below and that all partners have authorized (Applican at the duty aWtorized persons are Itaantm/Representatrs of Me make and FlI aforesaid application. Sworn to and subscribed before me This_day of _20_ Signature: _ Date, (Print Name)** Sign Name of Notary Public State of( ) Print Mama of Notary Street Address, City,State and Zip Code Cummisslon gyres: Seal: Telephone No. &Fax No. j�11'•E:xh pmtner must vqn. Attach duplicate sheets as required. Location Map: CITY OF DANIA BEACH TX-19-07 NE 111T H 9T _.. _ _ ... THIS IRO I-G TAYLOR LN -G IRO Duds Cutoff CuuV \ I NF'3RU'IFR C•3 C-1 RS-3000 m OS R,d GunsterYoakley Our File Number: 29452.00001 Ar r e s N E v s at LAW Writer's Direct Dial Number:(954)468-1358 Writer's E•Mf ail Address:dhall@gunster.com March 30, 2007 VIA HAND DELIVERY dAd 3 0 29� Laurence Leeds, AICP City of Dania Beach 100 West Dania Beach Boulevard --- ---- Dania Beach,FL 333004 Re: Dania Beach Boatyards - Request for a Zoning Code Text Chanee to the I_G Zoning District Ordinance Dear Larry: On behalf of MarineMax Motor Yachts, LLC, R.O. Powell and J.S. Powell, Jr., Derecktor of Florida, and Palm Beach Polo Holdings, Inc., we enclose the following documents in order to process the above-referenced request: 1. Four checks, each in the amount of S 1,291.25, totaling$5,165.00; 2. A completed General Development Application for a zoning code text change to amend the IG Industrial General Zoning District Regulations with four separate signature pages and Exhibits 1 and 2; and 3. A proposed Ordinance. Please confirm that we will be placed on the first available City Commission agenda. If you have any questions, please do not hesitate to contact me at 954-168-1391. 9Tn� et'� D a'd4 Hall D RI Unih Eaclo,.tres cc w/cncl: Mr. P.tcr Smith J{r. James S. Powell, 111 %fr. Sclhy Gallow'av Nfr. �Iac ,McLuuehlin