Loading...
HomeMy WebLinkAboutR-2025-031 DR-037-24 Banyan Bay Plat Note AmendmentRESOLUTION NO. 2025-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE “MVL PLAT” (DR-037-24) SUBMITTED BY THE OWNER, BANYAN BAY MARINE CENTER, LLC, FOR A PROPERTY LOCATED AT 4491 RAVENSWOOD ROAD IN THE CITY OF DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the "LDC") Part 6 "Development Review Procedures and Requirements," Article 640, "Plats" of the City Code of Ordinances (the "City Code"), the property owner, BANYAN BAY MARINE CENTER, LLC, (the "Applicant"), applied to the City of Dania Beach (the "City") for approval of a Plat note amendment (DR-037-24) to the “MVL Plat” recorded in the Public Records at Plat Book 146, Page 1, a copy of which is made a part of and incorporated into this resolution as Exhibit A; and WHEREAS, the Applicant is proposing to build a new 169,286-square-foot warehouse on Property in the City of Dania Beach, located at 4491 Ravenswood Road, said Property being located within the plat limits of The MVL Plat; and WHEREAS, the Applicant has initiated development approvals to construct the warehouse under Site Plan application SP-036-24; and WHEREAS, the Applicant is requesting an amendment to the notation of the Plat to remove the restriction to 487 (wet/dry) marina berths and 20,700 square feet of ancillary commercial use. The maximum building/sign height is restricted to 105 feet Above Mean Sea Level (AMSL). Freestanding banks or bank drive-thru facilities are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts to change the Plat note to reflect the intended proposed and future use for the referenced platted property, said amendment is attached as Exhibit B to this resolution and incorporated by reference herein; and WHEREAS, staff has reviewed the proposed request and finds that it remains consistent with the concurrency standards established for the Plat, and therefore recommends approval; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the variance criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings of fact; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and 2 RESOLUTION #2025-031 WHEREAS, City Code of Ordinances, Chapter 28, entitled "Land Development Code" ("LDC"), Part 6, entitled "Development Review Procedures and Requirements," Section 640-70 titled “Amendment of plat” provides that the Plat note amendment must be approved by City Commission; and WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the City Commission finds that the Plat note amendment (DR-037-24) will protect the public health, safety, and welfare of the residents of the City, and further the purpose, goals, objectives, and policies of the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the Plat note amendment (DR-037-24) for “The MVL Plat”, recorded in the Public Records at Plat Book 146, Page 1 is approved, and the Plat note is changed as follows: From: ”This plat is restricted to 487 (wet/dry) marina berths and 20,700 square feet of ancillary commercial use. The maximum building/sign height is restricted to 105 feet Above Mean Sea Level (AMSL). Freestanding banks or bank drive-thru facilities are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts.” [strike this language] To: “This plat is restricted to 175,000 square feet of industrial/warehouse.” [add this language]. Section 3. That the issuance of a development permit by a municipality does not in any way create any right on the part of an Applicant to obtain a permit from a State or Federal agency and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a State or Federal agency or undertakes actions that result in a violation of State or Federal law. 3 RESOLUTION #2025-031 Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on February 25, 2025. Motion by Commissioner Ryan, second by Commissioner Lewellen. . FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 4 RESOLUTION #2025-031 EXHIBIT “A” MVL PLAT 146-1 B PARCEL A