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HomeMy WebLinkAboutR-2009-092 Banyan Bay Delegation Request RESOLUTION NO. 2009-092 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "MVL" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 146, PAGE 1, AND GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the boundary plat known as the "MVL" Plat was approved by the Dania Beach City Commission on August 14, 1990 by Ordinance No.31-90 as shown in Exhibit "A", a copy of which is attached to this Resolution; and WHEREAS, John M. Milledge, Esquire, representing John T. Loos, Managing Member of Banyan Bay Marine Center, LLC, has applied for a delegation request to change the restrictive note on the plat as follows: DR-62-07—Plat Note Amendment Replace Existing Note: This plat is restricted to 8,900 square feet of commercial and 39,000 square feet of boat storage. The maximum building height is restricted to 57.25 feet AMSL With Proposed Note: Marina(wet/dry) 487 berths Ancillary Commercial 20,700 square feet Maximum building/sign height of 105 feet AMSL WHEREAS,the Planning and Zoning Board on January 21, 2009, recommended that the City Commission deny the delegation request(DR-62-07); and WHEREAS, Broward County requires that the City Commission of the City of Dania Beach concur with this revision prior to a review by the Broward County Commission; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City of Dania Beach approves the proposed revision which changes the restrictive note on the plat to allow 487 berths of(wet/dry) marina, 20,700 square feet of ancillary commercial uses and a maximum building/sign height of 105 feet AMSL on the "MVL" Plat, as previously recorded in Plat Book 147, Page 1. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 26, 2009. n l�:,r..-C- CR� ANNE CASTRO MAYOR—COMMISSIONER �PPpI FIRST Gri ATTEST-_ c I oe �f Atiw LOUISE STILSON, CMC CITY CLERK APPROVED AST ORM AND CORRECTNESS: BY: THS B O CITY ATTORNEY 2 RESOLUTION #2009-092 Exhibit AA' 171,cZ t n n i ORDINANCE NO. 31-90 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PUT OF 'MVL PLAT`, SANE BEING, LOT 3, BLOCK a, OF SECTION 29, TOWNSHIP So SOUTH, RANGE 42 EAST, OF MARSHALL EVERGLADES LAND CO. PUT OF SECTIONS 28, 29, 31 AND 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING To THE PUT THEREOF, AS RECORDSU IN PUT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DGDE COUNTY, FLORIDA, AND LESS THE SOUTH 25.00 FEET AND THE EAST 35.00 FEET, SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OP ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID - PUT OF 'MVL PUT-, AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, F LOR IDA, Section 1. net the Plat of 'MVL PUT', game being LOT 3, BLOCK a, OF SNCTION 29, TOWNSHIP 50 ,y SOUTH. RANGE U UST, Of MARSHALL EVERGLADES LAND CO. PUT OF SECTIONS 20, 29, 31 AND 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PUT THEREOF, AS RECORDED IN PUT BOOR 2, PAGE 32, OP THE PUBLIC RECORDS OF WOE COUNTY, FLORIDA, AND LESS THE SOUTH 25.00 FEET AND THE EAST 35.00 FEET, SAID UMW LYING IN THE CITY OF SANIA, BROWARD COUNTY FLORIDA is hereby accepted and approved. With respect thereto, the City of Dania consents and agree* that gosh plat may be roco riled In the Public Recocde of Broxard County, Florida, upon further approval of all agencies of Brceard County, Florida, heving jurisdiction in the matter. Ordinance No. 31-90 L J 3 RESOLUTION 42009-092 Section 3. That the dedication for public use of all .treat., highways and alleys, as shown on the plat of said 'MVL PLAT' le hereby accepted by the City of Dania, Florida. Section 3. That all ordinances or parts of ordinance. and I all resolution, or Darts of resolution. In conflict herewith be and the same are hereby repealed to the extent of such conflict. Section a. That this ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on Pilot Reading on the Path day of July , 1990. PASSED and ADOPTED on Second and Final Reading on the lath day of August , 1990. TAY05R - M E e ATTEST: ITY CLE K - ADDITOR APPROVED AS TO FORM FORRMAN D CORRECTNESS Ey: MACLO4t1y Atto rosy -= Ordinance No. 31-90 J 4 RESOLUTION #2009-092 PER BOU L&ME L _ 10 1 I : it ,1..u-� •s__ ;;MVL PLAT" A /w[JLewnwv ofw rowrgw o✓[O114pfr a \ / r'rlwrNut[mooLea:urocvrwrw.lrc✓ ` ,.., ......., ALAAM louk S[CMWK.IOWNJMM IO JQVTN MMrEN[Kl'/N l,wIEOCw/ — — r snr CTYC'OINY./gOWIMO Cp.W1Y,fLOwIY .___.• .. __ .. ��rrr r_�rrrr_rrrsr rr.rrr._rn S r1,r,rrr�r.SM3.YiaaC . G ' .Ilow PLAT BOUT '��PAGE 1_ sn.n2 m2 snnl. **MVL PLAT" ♦wEruaxnJNwor,rowmv Lr ur J,eccar a IMw¢YLL[Ylw4AGfJLwM LtY4WY%.1I pr 5[C/IpY B,]OwMlM/JO%I/rN.M.Wf NELfT'fM l,FJLGCwI pT dGL,1N.MOWIwO LWM'T;FLdYLM 5 RESOLUTION #2009-092