HomeMy WebLinkAboutO-2004-025 Amending O-2003-016 Cape Fear platORDINANCE NO. 2004-025
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE NO.
2003-016, ADOPTED ON MARCH 25, 2003, FOR PROPERTY GENERALLY LOCATED
NORTH OF SW 45 TH STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28 T' TERRACE,
AND SOUTH OF THE DANIA CUT-OFF CANAL ("CAPE FEAR" PLAT) IN DANIA BEACH,
FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED
TO THIS ORDINANCE; BY MODIFYING THE PLANNED UNIT DEVELOPMENT (PUD)
MASTER PLAN; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That amendment of the rezoning request filed by Michael Shiff of the
Shiff Group, for property generally located north of SW 45th Street, east of SW 30th Avenue,
west of SW 28th Terrace, and south of the Dania Cut -Off Canal ("Cape Fear" Plat) within the
City of Dania Beach, Florida, is granted, changing the SW 45 th Street setback from 30 Feet to
25 Feet.
Section 2. That approval of the amended PUD zoning designation for the above
referenced property shall include as an exhibit, Modified Site Plan No. SP-05-03 (Resolution
No. 2004-154, approved on September 14, 2004), prepared by Michael A. Shiff and Associates,
is and dated received September 7, 2004, with the following conditions:
1 . Provide two copies of recorded plat.
2. If the City Commission accepts land value based on the sales contract, applicant to pay
$66,338 park fee prior to issuance of any building, paving, or utility permits.
3. Provide an airport expansion disclosure statement in the condominium/HOA documents
prior to issuance of building, paving, or utility permits.
4. Provide one additional large specimen oak tree (for a total of 19 newly planted Live
Oaks), along the south lot line.
5. Provide written documentation of compliance with Fire Department vehicle access
requirements by October 1, 2004.
6. Staff provided the discretion to allow modifications to the landscape plan
administratively. Provided however, City Commission approval required for the removal
of any specimen oak trees not currently designated for preservation or on -site
relocation.
7. City Attorney to approve Griffin Marine Park access easement prior to issuance of any
tree removal, tree relocation, building, paving, or utility permits.
8. Applicant to comply with animal relocation ordinance prior to issuance of any tree
removal, tree relocation, building, paving, or utility permits.
1 ORDINANCE NO. 2004-025
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
E
this ordinance are repealed.
Section 4. That this ordinance shall take effect upon the recording and filing of the
document identified above in the Broward County Public Records.
PASSED and ADOPTED on first reading on the 1 oth day of August, 2004.
PASSED and ADOPTED on second reading on the 14 th day of September, 2004.
A/
t.k. MdLYEA
MAYOR-COMM (SSIONER
ATTEST:
n&Ax
_LOUISE STILSON
--CITY CLERK
APPROVED AS TO
BY: I r� I -"" ,7rND CORRECTNESS:
_THOMAS�.A B
CITY ATT RNEY
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER CHUNN - YES
COMMISSIONER FLURY - YES
VICE -MAYOR MIKES - YES
MAYOR MCELYEA - NO
2 ORDINANCE NO. 2004-025
0
EXHIBIT "A"
LEGAL DESCRIPTION
The west half of lot 6, all of lot 7, and the east half of lot 8, less the south 21 feet of
said west half of lot 6 and all of lot 7, in block 3, lying south of the canal, of
Marshall's Everglades Subdivision in Section 29, Township 50 south, range 42 east,
according to the plat thereof, recorded in Plat Book 2, Page 32, of the public records
of Dade County, Florida; Subject to a perpetual easement for a public right-of-way
for vehicular, animal and foot traffic over across and upon the east 10 feet of the
south 335 feet of said lot 6, together with a perpetual easement running forever for a
public right-of-way for vehicular, animal and foot traffic over, upon and across the
west 10 feet of the east half of said lot 6; and subject to a road right-of-way over the
south 21 feet of said east half of said lot 8, said lands situate in Broward County,
Florida, subject to conditions, restrictions, limitations, reservations and easements
of record in any.
3 ORDINANCE NO. 2004-025
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AGENDA REQUEST FORM
CITY OF DANIA BEACH
.9A . Z)
AGENDA ITEM NO
1. DATE OF COMMISSION MEETING: SEPTEMBER 14,2004
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — 2ND READING ORDINANCE - PUD
REZONING (CAPE FEAR PUD MASTER PLAN MODIFICATION) PROPERTY LOCATED NORTH
OF SW 45 ST., EAST OF SW 30 AVE., WEST OF SW 28 WAY, AND SOUTH OF THE DANIA CUT-
OFF CANAL. (CONTINUED FROM 8-24-04 REGULAR COMMISSION MEETING)
3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2 NI & FINAL READING Z
4. SUMMARY EXPLANATION & BACKGROUND:
Request by Michael Shiff of the Shiff Group, for PUD Master Plan Modification
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST):
Staff Report
Ordinance
Letter from Applicant
Public Hearing Notice
Mailing List
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
STAFF
Submitted by:
Laurence G. Leeds, AICP, Director Date September 7, 2004
Community Development Department
City Manager Date
ID
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CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
DATE: September 14, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director 45'.
Corinne Church, AICP, Principal Planner 644Q-
REQUEST: Request by Michael Shiff (Cape Fear) to:
1) Amend the Planned Unit Development Master Plan
(ORDINANCE - SECOND READING).
2) Amend the Site Plan (RESOLUTION)
LOCATION: Generally located north of SW 45th Street, east of SW 30th Avenue,
west of SW 28th Terrace, and south of the Dania Cut -Off Canal.
The attached site plan package represents a change from the originally approved
master plan and site plan:
1) Building setbacks along SW 45 th Street reduced from 30 feet to 25 feet
(Minimum setback is 15 feet).
2) 64% of the existing oaks to be preserved or relocated (Original plan
indicated 81% of existing oaks to be preserved or relocated).
3) To compensate for the reduction in preserved/relocated oaks, applicant
proposes additional landscaping throughout the entire site, including 18
new specimen oaks (7 1/2 inch trunk diameter, 18 feet tall) to be planted
along SW 45 th Street.
Please note there is no change in reside nt/visito r access (SW 30th Avenue through
Griffin Marine Park) and no change in unit count (55 units) from the original PUD
Master Plan. There remains an existing easement on SW 45 th Street providing
access to the adjoining property (east of Cape Fear) and emergency fire -rescue
access. Also, the proposed marina located in the northeast corner of the site may
be a surface boat storage area for residents.
0 OPEN SPACE DEDICATION
The city code requires person's developing land for residential purposes to dedicate
public land for parks. Where the City Commission determines land dedication is not
feasible, the Commission may allow the developer to pay a fee based upon the fair
market value of the land that would otherwise be required to be dedicated. The fee
shall be based upon the formula identified in Chapter 19 (Article IV) of the City
Code.
In this case, the formula requires the dedication 0.41 acres for public open space.
Applicant has dedicated 0.21 acres for passive, unimproved open space in the
southwest corner of the site, adjacent to Griffin Marine Park. The applicant must
make up the difference (0.20 acres) by payment of a park impact fee. The fee is
based on the appraised value of the total site multiplied times the percentage of
site required for park dedication, less the dedicated 0.21 acres.
Staff has requested an appraisal. Applicant has provided a copy of the sales
contract showing a purchase price of $2,819,096.00, or approximately $336,000.00
per acre for unimproved land. Based upon the contract price, the applicant is
required to pay a local park fee of $66,338.00.
0 FIRE DEPARTMENT
The Fire -Marshall has identified a number of issues relating to fire protection and
access, including the requirement for 38' inside turning radius and a 50' outside
turning radius for the fire apparatus ingress/egress. This issue is critical since the
applicant has reduced the typical two-way drive aisle width from 24 feet to 20 feet
to reduce paving. The Fire -Marshall has not yet confirmed if the reduced driveway
width is sufficient to accommodate emergency vehicles.
.. ...........
The Community Development Department can recommend approval of the
Amended PUD Master Plan and Site Plan subject to the following conditions:
1. Provide two copies of recorded plat.
2. If the City Commission accepts land value based on the sales contract,
applicant to pay $66,338 park fee prior to issuance of any building, paving,
or utility permits.
3. Provide an airport expansion disclosure statement in the condominium/HOA
documents prior to issuance of building, paving, or utility permits.
4. Provide one additional large specimen oak tree (for a total of 19 newly
0 � planted Live Oaks), along the south lot line.
5. Provide written documentation of compliance with Fire Department vehicle
access requirements by October 1, 2004.
6. Staff provided the discretion to allow modifications to the landscape plan
administratively. Provided however, City Commission approval required for
the removal of any specimen oak trees not currently designated for
preservation or on -site relocation.
7. .City Attorney to approve Griffin Marine Park access easement prior to
issuance of any tree removal, tree relocation, building, paving, or utility
permits.
B. Applicant to comply with animal relocation ordinance prior to issuance of any
tree removal, tree relocation, building, paving, or utility permits.
E
1�1
CITY OF DANIA BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ROUTING SHEET
Route Date: r,77 5 / � -55 T
Project: Icape Fear
Route Via: Mail Pickup: F-1
PZ Log: JAP-05-03-M
Folio:
In-house: Fv
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. PLEASE LOG YOUR TIME
SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU.
F-1 Fire Marshall: Ed Tarmey
7-/ Public Service: Fernando Vaquez
Approved as submitted:
Comments must be addressed and
resubmitted prior to City Commission
List conditions:
F1 Planner: Corinne Church
[_1 Landscape Consultant
E] Denied:
F-1 Approved with conditions:
Date
City of Dania Beach
Department of Public Services
ENGINEERING DIVISION
100 West Dania Beach Blvd - Dania Beach, FL 33004 - (954) 924-3741 - (954) - 923-1103 (fax)
Monday August 30, 2004
,d
Property: Cape Fear — Site Plan Review — 2 Review
Permit: SP-05-03
Sheet PGD-1
1) . Seasonal groundwater elevation not provided. Please include soils report as well as exfiltration
trench calculation indicating proper storage capacity for exfiltration drain.
2) YD (1) ; Not enough cover provided— Pipe should have at least 2 feet cover. If less than 2 feet
engineer needs to identify proper RCP class.
3) CA (2) ; Pipe should have at least 2 feet cover in paved areas between rim elevation and top of pipe.
If less than 2 feet engineer needs to identify proper RCP class to sustain HS 20 loadings.
4) C (6) — Not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved
areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify
0 proper RCP class to sustain HS 20 loadings.
5) E16 (Outfall) — Please provide tailwater elevation at outfall point.
6) C-6 (15) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved
areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify
proper RCP class to sustain HS 20 loadings.
7) C-4 (14) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved
areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify
proper RCP class to sustain HS 20 loadings.
8) C-4 (12) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved
areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify
proper RCP class to sustain HS 20 loadings.
9) Segment C-4 (12) to C-4 (9) — Exfiltration trench appears to be completely submerged. Please
. provide seasonal groundwater elevation and identify functionality of ET at invert elevation -0.5
10) C-4 (9) not enough cover provided for 1811 RCP — Pipe should have at least 2 feet cover in paved
areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify
proper RCP class to sustain HS 20 loadings.
City of Dania Beach
Department of Public Services
ENGINEERING DIVISION
100 West Dania Beach Blvd - Dania Beach, FL 33004 - (954) 924-3741 - (954) - 923-1103 (fax)
11) C-4 (10) not enough cover provided for 18" RCP — Pipe should have at least 2 feet cover in paved
areas between rim elevation and top of pipe. If less than 2 feet cover engineer needs to identify
proper RCP class to sustain HS 20 loadings.
12) One invert call -out is in north direction and there is no pipe.
13) Missing invert and rim elevations at yard drain located north of intersection between SW 45" Strcet
and SW 29h Terr Intersection.
14) Grading corner east of pond where CA-18 structure is located- Can out elevation of 5.5' west of
stucco wall, establishes a low point with no stormwater escape. There should be a YD or some
other collection structure.
15) Ibid for south wall adjacent to pond where C-A- 13 is located. Call out elevation of 6' establishes a
low point with no stormwater escape.
16) Engineer needs to indentify curbing type
17) ENGINEER NEEDS TO PROVIDE HYDRAULIC GRADELINE CALCULATIONS TO
VERIFY HOW SYSTEM WORKS DURING CONTROL TAILWATER ELEVATIONS AT
OUTFALL.
18) ENGINEER TO PROVIDE WEIR CALCULATIONS AND MAXIMUM PEAK ELEVATIONS
AT LAKE AREA.
Sheet WS-1
1) Provide for proper utility easements at all new utility locations. ( maintain a 10 feet minimum from
centerline of utility)
2) Identify all sewer crossing elevations at water and sotrmwater conflicts.
3) Unable to tell by legend which is meter and which is backflow preventer
MISSING — Civil Details Sheet.
Is
eshiff group
1103 E Las Olas Boulevard
Suite 200
Fort Lauderdale Florida 33301
954/463 8900 F 954/463 8552
FL Reg. AA C000218 CG C061358
www.shiff.corn
"Prior to issuance of the last five certificates of occupancy, the
City's landscape consultant shall evaluate the health of the preserved
and relocated oak trees. If any oak trees are determined by the City's
landscape consultant to be sick or dead due to improper relocation,
lack of watering, lack of fertilization, or the result of failing to properly
protect trees from adjacent construction; the applicant shall submit a
revised landscape plan to the Community Development Department,
including the payment of landscape fund fees for trees which the city
landscape consultant has determined cannot be saved or replaced with
new landscaping. The revised landscape plan shall be approved by the
Community Development Department (based on the recommendation
of the city landscape consultant) and required additional landscaping
or landscape fund fees shall be paid prior to issuance of the last five
certificates of occupancy. Applicant shall not be responsible for oak
trees which become sick or die from causes unrelated to the actions of
the applicant as determined by the city landscape consultant."
"Prior to issuance of a building or site work, applicant must provide
for the safe capture and relocation of any established animal
popu . lations and ensure that no negative impacts upon surrounding
properties and residents will arise in connection with such capture and
relocation See Ordinance 2000-001."
"Applicant shall obtain the approval of the Community Development
Department prior to substituting any landscape materials indicated on
the approved site/landscape plan"
�41
MIL1101=1 M
President
d a -s i q n h u El 0
ROPERTY:. 4491 SW 29" Terrace, Dania, FL 33312
ELLER: Winchester Associates
SELLER'S Terrence L. Schaul
ATTORNEY: McCarthy Duffy
180 N. LaSalle Street - Suite 1400
Chicago, Illinois 60601
PURCHASER: AMAS Development -Hidden Harbor, LLC, a Florida limited liability company
Richard Coker, Jr.
PURCHASER'S Coker & Feiner
ATTORNEY: 644 Southeast 5hAvenue
Ft. Lauderdale, FL 33301-3104
DATE OF PRORATIONS & CLOSING: June 13, 2003
1. PURCHASE PRICE ............................................ $2,900,000.00
II. CHARGES & CREDITS AGAINST PURCHASE PRICE:
EARNEST MONEY 50,000.00
TITLE CHARGES (Seller's Share) 0.00
OAXES:
2002 ($18,035.08) - PAID
200' ) 2003 164 days @ $49.411 to and including June 13, 2003 8,103.40
(2002 = S18.035.08 x 100% = $18,035.08
S18,035.08/365 = $49.411 day)
Buyer's Credit: Security Deposit of Large House: 2,500.00
June Rent 0.00
(See attached rent roll)
Total Seller's Charges: ($60,603.40r
NET OWED TO SELLER $2,839,396.60
111. SELLER'S SETTLEMENT $2,839,396.60
Earnest Money
50,000.00
"ET TO SELLER: .................................................... $ ,
2 889 396.60
APPROVED BY SELLER: APPROVED BY PURCHASER: --LZ�S 20,300.00
$4.ra 6 9, 9
0 3 1 q, 0%,
1q,
SEP -7
*Additiona'l -Seller's cost of $20,300.00 for
docd htairy stamps on Deed.
e s'. �g r o�:Au p
1103 E Los Olas Boulevard
Suite 200
Fort Lauderdale Florida 33301
3 August 2004 954/463 8900 F 954/463 8552
FL Reg. AA C000218 CG C061358
Mr. LarTy Leeds WWW shiff.corn
Director of Growth Management
City of Dania Beach, Florida
Re: 'Me Oaks at Hidden Harbor "Cape Fear
Revised Site Plan and Final Landscape Plan
Dear Mr. Leeds
AUG - 3 2004
As per our discussion I have attached for your review and processing 5 copies of the
revised site plan and final landscape plans for your review and processing along with 10
copies of the reduced site and landscape plans for first reading.
As you are aware we are in the permitting stage with the various agencies for the
dredging and construction of our marina. This has been a long and exhaustive process. To
date, as you are aware, we have received a denial for the construction of the marina from
the U.S. Army Corp of Engineers. Although we have considered asking them to re -
review our application it seems unlikely that until Broward County has an approved
Manatee Protection Plan they will approve any more marinas in Broward County.
Last summer at our request the City of Dania Beach approved a modification to our site
plan to allow for dry boat storage. We were hoping that this would allow us to proceed
with construction while the marina permitting was still in progress.
Early marketing efforts indicated that the dry marina concept was not in the best interests
of the development and we awaited the outcome of the Corp's permitting process. With
the denial we were faced with a dilemma. What to do? We have decided to proceed
immediately with a concept that would allow us to construct either the dry marina or wet
marina depending on the permitting process of the Corp. This concept entails staring
construction with a reduced size lake and the indication of a dry marina. We believe that
the constr5uction of our underground utilities, the digging of the smaller lake and the
construction of our model building will take us 6-9 months. By that time Broward County
will have completed the vessel siting plan and we should be able to complete the wet
marina. The worst -case scenario is that we would continue with the dry marina as
previously approved by the City.
With approval of the attached revised site plan we are in the position to began
construction immediately.
AUG - 3 2004
In addition to the revised site plan I have submitted for review and approval the final
landscape plans for the development. The landscape has been designed to address the
different eco systems on the property as well as the building's design. Landscaping will
be used to establish ne�ghborhoods within the development providing unique character to
different areas of the project.
The western area of the site once being low has a tree canopy predominately of cypress.
We have designated this area for that use augmented with red maple. The cypress will be
planted close together which is how they grow in the everglades. Cypress planted with
too much space between them produces a canopy type tree, which is not their natural
growth pattern. We will also leave this area low to encourage proper growth.
The center area of the site, and the most predominate, consists mainly of live and laurel
oaks. Oaks are also the predominate visual species on the entire site and this character
will be preserved and enhanced. Although a majority of the oaks are laurel oaks, live
oaks will be utilized exclusively because of their desirability and longevity. Live oaks
will also be the buffer trees for the south property line, which will provide a natural
canopy to 45h street. In addition to the oaks the central area around the recreation
is complex will utilize yellow tabs for color.
The eastern portion of the site has been relatively open with a lack of canopy trees except
for some mango trees. The southeastern area will be treated with sabal palms and gumbo -
limbo. The use of these tree types allows us to provide for a lower canopy of flowering
trees such as crepe myrtle.
The north, along the Dania Beach Canal, and northeastern areas along the marina, will be
predominately comprised of coconut and royal palms. The royals will be used to accent
the boat launch facility while the coconuts will provide for the softness of waterfront use.
Of great interest and beauty will be a towering j acaranda tree to be located at the
southeast comer of the marina.
The development has been designed to minimize the effects on existing vegetation. The
location of buildings and the marina have been sited to disturb trees to the least extent
possible and still allow for proper development. I engaged the services of Sutton
consulting Arborists to classify and rate the trees on the site that have to be removed. Of
the trees to be removed 18 are live oaks, 22 are laurel oaks and 28 are cypress. The vast
majority, if not all of the oaks are damaged and diseased and the Cities landscape
consultant has agreed that those trees with less than 50% condition rating should be
removed. It is the consultant's opinion that the transplanting of these trees is not feasible
and that regardless of the care taken the vast majority will either die or not come back to
0 acceptable condition.
0
0
AUG - 3 2004
It is my intention to replace those trees, which have to be removed with mature trees that
will more than offset the caliper and canopy removed.
Your consideration of this Alternate Proposal would be greatly appreciated. If you have
any questions or require additional information please feel free to call me.
A-b
Opp
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SUN -SENTINEL
PUBLISHED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATON, PALM BEACH COUNTY, FLORIDA
MIAMI, MIAMI DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF BFIQWARD/PALM BEACHIMIAMI DADE
BEFORE T ND RSIGNED AUTHORITY, PERSONALLY APPEARED
WHO, ON OATH, SAYS THAT
HE/SffIS A DULYAUTHORIZED REPRESENTATIVE OF THE CLASSIFIED
DEPARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE
NOTICE OF PUBLIC HEARING
ATTACHED COPY OF ADVERTISEMENT, BEING A:
CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a hearing Will be he
ORDINANCE SP 05-03
before the City Commission on Tuesday, Auguist 2
2004 at 7:00 p.m., oras soon thereafteras possible,
toe Dania Beach C, ty Comalission Room, Administl;
IN THE MATTER OF:
t ive Center, 10OWest Dania Beach Blvd., Dan!811�a�qk
iFlOrida 33004.
SP-05-03 - Michael Shift of the ShiW�,.'.p 1, : r eq 6
ling
Ordinance SP 05-03
approval to modify the Planned Unit Develop,=
:Master Plan for property located on the Cape Fear?
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE
: Plat parcel, generally located north ofSW45th Streef,.^
:east of SW 30th Avenue, west of SW 28thTerrace. anil
:south
ISSUES OF:
of the Dania Cut -Off Canal. The proposed ordik'
nance reads as follows: qC
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIM
8/13,11 12051660
DA AMENDING ORDINANCE NO. 2003-016, ADOPTE06
ON MARCH 25, 2003, FOR PROPERTY GENERALLY LOS
CATED NORTH OF SW 45TH STREET, EASTOF SW 30%
AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER
AVENUE, WEST OF SW 28TH TERRACE, AND SOUTH Oli
THE DANIA CUT-OFF CANAL C CAPE FEAR' PLAT) I*
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA
DANIA BEACH, FLORIDA. AND LEGALLY DESCRIBED IN;
EXHIBIT - A', A COPY OF WHICH IS ATTACHED TO THI&
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY
ORDINANCE; By MODIFYING THE PLANNED UNIT DE.*,,
PUBLISHED IN SAID BROWARD/PALM BEACHIMIAMI DADE COUNTY, FLORIDA,
VELOPMENT (PUD) MASTER PLAN; SUBJECT TO CER,�
TAIN RESTRICTIONS; PROVIDING FOR SEVERABILITW-,
EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MA17ER AT THE
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA,
Legally described as: Exhibit A - The west haff of lot 6
ail of lot 7. and the east half of lot 8, less the south
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF
feet of said west half of lot 6 and all of lot 7, in block
ATTACHED COPY OF ADVERTISEMENT; AND AFFIANIT FURTHER SAYS THAT
lying south of the canal, of Marshall's Everglacle
HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR
Subdivision in Section 29. Township 50 south,�rshg
42 east, according to the plat thereof, r ) d d I PI"
ec"':Ccri
CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THIBook
2, Page 32, of the public records of Dad un
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
Florida; Subject to a perpetual easement for a publW
right-of-way for vehicular. animal and foot traffic over-.
NEWSPAP��
across and upon the east lo feet of the south 335 re, t,
of said lot 6, together with a perpetual easement ru�
u -of-way
ning forever for a p blic right for vehicula
animal and foot tra ffic over, upon and across the we�r
(SIGNAT F A04A'19T)
10 feet of the east half of said lot 6; and subject to'q,
road right-of-way over the south 21 feet of said 065;,
rOD
haifof said lot 8. said lands situatein proward county,
Florida, subject to conditions, restrictions, linnitir
SWORN AN SUBSCRIBED BEFORE ME
Lions, reservations and easements of record,in any.'q
ON: 13-August-2004 , A.D.
;Copies of the proposed petitions are available W
!viewing in the Department of Community Develd
1 ment, 100 West Dania Beach Blvd., Dania Beach. FlorV
ida between the hours of 8:00 a.m. and 4'00 P M
,Monday -Friday. Interested parties may app�arat'thp
(SI NA URE OF NO-rAF1Y PUBEFC)
public hearing and be heard with respect to the pr
! �posed petition.
iin accordance with the Americans With DisabilitleM
,W.V 11",
Act, persons needing assistance to participate In anyi
!of these proceedings should contact Louise StIlsory,1,
City Clerk, 100 W. Dania Beach Blvd, Dania Beach, Ftl
)i;1v '20,
33004, (954) 924-3622, at least 48 hours prior tai
meeting. r,
Any person who decides to'appeal any decision maA.
(NAME OF NOTARY, TYPED, PRINTED, OR STAMPED
by the Dania Beach Planning and zoning Adviso(w
Board or the City Commission with regard to any mate,,
ter considered at this meeting or hearing will need 4
record of the proceedings and for such purpose mdK
PERSONALLY KNOWN OR
need to ensure that a verbatim record of the procee4l'
ings is made, which record includes the testimoq-.
PRODUCED IDENTIFICATION
and evidence upon which the appeal is to based.
:Lou Ann Cunningham, Planning Associate
.August 13, 2004
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
SP-05-03
NOTICE IS HEREBY GIVEN that a hearing will be held before the City Commission on Tuesday,
August 24, 2004 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.
SP-05-03 - Michael Shiff of the Shiff Group is requesting approval to modify the Planned Unit
Development Master Plan for property located on the Cape Fear Plat parcel, generally located north of
SW 45th Street, east of SW 30th Avenue, west of SW 28th Terrace, and south of the Dania Cut -Off
Canal. The proposed ordinance reads as follows:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ORDINANCE NO. 2003-
016, ADOPTED ON MARCH 25, 2003, FOR PROPERTY GENERALLY LOCATED NORTH OF SW
45 TH STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28TH TERRACE, AND SOUTH OF THE
DANIA CUT-OFF CANAL ("CAPE FEAR" PLAT) IN DANIA BEACH, FLORIDA, AND LEGALLY
DESCRIBED IN EXHIBIT 'W', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; BY
MODIFYING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN; SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Legally described as: Exhibit A - The west half of lot 6, all of lot 7, and the east half of lot 8, less the
south 21 feet of said west half of lot 6 and all of lot 7, in block 3, lying south of the canal, of Marshall's
Everglades Subdivision in Section 29, Township 50 south, range 42 east, according to the plat thereof,
recorded in Plat Book 2, Page 32, of the public records of Dade County, Florida; Subject to a perpetual
easement for a public right-of-way for vehicular, animal and foot traffic over across and upon the east
10 feet of the south 335 feet of said lot 6, together with a perpetual easement running forever for a
public right-of-way for vehicular, animal and foot traffic over, upon and across the west 10 feet of the
east half of said lot 6; and subject to a road right-of-way over the south 21 feet of said east half of said
lot 8, said lands situate in Broward County, Florida, subject to conditions, restrictions, limitations,
reservations and easements of record in any.
Copies of the proposed petitions are available for viewing in the Department of Community
Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and
4:00 p.m., Monday — Friday. Interested parties may appear at the public hearing and be heard with
respect to the proposed petition.
In, accordance with the Americans With Disabilities Act, persons needing assistance to participate in
any of these proceedings should contact 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 Dania Beach 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, August 13, 2004
Refer to the back of this notice for a Location map of the site
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