MARGATE - The City of Margate and the Margate City Planning Board have won on all issues in the recent and important court decision, Two Daughters, LLC v Harbour Bay LLC, The City of Margate Planning Board, and The City of Margate. Changes of the Zoning and Planning Board approvals have all been affirmed.
This recent court decision was argued telephonically on September 15, 2020 and decided and affirmed on October 7, 2020. Plaintiff, Two Daughters, LLC and owner of Sophia's Restaurant, argued against the redevelopment of the Harbour Bay property.
"It is always nice to be validated, especially for the city, Mayor Michael Becker said. This has been a long process delaying the bay redevelopment for a very long time. It is nice to know that the Appellate Court held in favor of the city and found our teams to be following all proper procedures.
The Harbour Bay property is in need of serious redevelopment, with structures dating back to the 1960s. In 2018, Harbour Bay submitted an application to the Margate City Planning Board for preliminary and final major site plan approval of the redevelopment plan for the property, including demolishing existing structures and building a mixed-use building with an approximately 2,600-square-foot new addition.
The new building proposed by Harbour Bay would consist of an office, a 149-seat restaurant and a bait shop - all elevated to meet FEMA requirements. Additionally, Harbour Bay proposed completely rebuilding the existing marina with a new bulkhead to reduce flooding, a boat fueling station and a public pedestrian boardwalk.
In 2018, the Planning Board conducted a hearing on Harbour Bay's application and heard testimony from Harbour Bay's planning expert, engineer, architect, traffic-engineer expert, members of the public and Board's planner, as well as reviewed reports from both the board and the city's engineer. There was no expert testimony opposing the applications.
After the hearing, the board granted the application of the proposed project, finding it proper in all respects revitalizing the bay-front area, advancing the City's Master Plan and the purposes of the Waterfront Special District zone. This project would also advance the goals of the Municipal Land Use Law. Harbour Bay's proposed project proved many benefits and would not cause substantial detriment to the public or impair the intent of the zoning plan and ordinance.
The Decision and Resolution from the Board outlined conclusions regarding setbacks, signage, parking and fencing and its reasons for granting request to waive the submission of the written traffic-impact study.
During the time of the initial application, the Harbour Bay property location was in a designated Waterfront Special District and riparian district, which did not permit restaurant or office uses. However, according to the board's zoning officer and planner, the existing boundary line between both districts was created by mistake in 2008. Harbour Bay proposed relocating the boundary line with existing uses reverting to being conforming uses in the Waterfront Special District. After investigation, the city adopted Ordinance No. 02-2018 effecting and moving the district boundary line and impacting approximately 42 properties.
Mendez in 2018 ordered in favor of the defendant. However, the plaintiff appealed each aspect of the court's decision alleging the board's decision to be arbitrary, capricious and unreasonable because of the hardship the proposed project would cause to the area and public.
All of Judge Mendez's findings were supported by sufficient evidence in the record, Fisher and Gummer stated. His findings, and the findings of the Board and the City, are entitled to our deference.
We are happy with the outcome and are happy to see redevelopment along Amherst Avenue in Margate, Margate Solicitor John Scott Abbott said. Hopefully the plaintiff will see the benefits of having the city move forward with this important development.
The city is excited for the redevelopment project and is eager for it to begin, the release stated.
Harbour Bay's redevelopment project brings forth good planning for a revitalized waterfront in Margate City, including a new promenade, new bulkhead, restaurants and recreational fishing and boating as well as a seasonal water park, the release stated.
https://www.downbeach.com/2020/10/14/margate-developer-prevails-in-appellate-court-decision/
