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Home My WebLink About2015-08-19 Planning and Zoning sitting as the Local Planning Agency Agenda PacketPlanning and Zoning Board sitting as the Local Planning Agency and Planning and Zoning Board 1 AGENDA August 19, 2015 AGENDA CITY OF DANIA BEACH PLANNING AND ZONING BOARD sitting as LOCAL PLANNING AGENCY REGULAR MEETING Commission Chambers Wednesday, August 19, 2015 7:00 PM I. ROLL CALL II. APPROVAL OF MINUTES Approval of Minutes of the Planning and Zoning Board sitting as the Local Planning Agency from the April 15, 2015 meeting. III. PUBLIC HEARINGS 1. RZ-024-14/LUF-025-14: The applicant, Ari Sklar, A.I.A, Sklarchitecture on behalf of Casey 18 Development Group LLC, and Dania Coves 18, LLC, is requesting rezoning and flex allocation for the property located at 5461 and 5471 SW 40th Avenue. 2. TX-70-15: The applicant, Dania Live 1748, LLC., is requesting several zoning text amendments to the City’s Unified Land Development Code in order to create Planned Mixed-Use Development zoning district and associated support regulations. IV. BOARD ITEMS NONE V. MEETING ADJOURNED ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER. 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 THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Board sitting as the Local Planning Agency and Planning and Zoning Board 2 AGENDA August 19, 2015 AGENDA CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, August 19, 2015 7:00 PM I. ROLL CALL II. APPROVAL OF MINUTES Approval of Minutes of the Planning and Zoning Board from the July 15, 2015 meeting. III. PUBLIC HEARINGS 1. VC-45-15: Bonnie Miskel, Esq. at Dunay, Miskel and Backman, LLP. on behalf of the property owner Archdiocese of Miami, Church of the Resurrection C/O Suzanne Dockerty, Esq. is requesting to vacate NE 4 Court right-of-way, located between NE 2 Street and Dania Cut Canal. 2. PL-058-15: The applicant, Jan A. Smith A.I.A on behalf of Gerdau Ameristeel U.S., Inc., is requesting plat approval for the property located at 2025 Tigertail Boulevard 3. PL-067-15: The applicant, Ari Sklar, A.I.A, Sklarchitecture on behalf of Casey 18 Development Group, LLC, and Dania Coves 18, LLC, is, re questing plat approval for the property located at 5461 & 5471 SW 40th Avenue 4. VA-071-15: The applicant, Louise Dubin, on behalf of the property owner, Ginette Pouliot is requesting a variances to waive the driveway setback and exceed curb-cut opening for the property located at 3005 SW 54 Street. IV. BOARD ITEMS NONE V. MEETING ADJOURNED ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER. 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 THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Board Local Planning Agency Regular Meeting 1 April 15, 2015 MINUTES CITY OF DANIA BEACH PLANNING and ZONING BOARD sitting as the LOCAL PLANNING AGENCY REGULAR MEETING Commission Chambers Wednesday, April 15, 2015 7:00 PM I. ROLL CALL Timothy Pribisco Present Tom Ansbro, Board Attorney Randy Wright Present Marc LaFerrier, Director Bob Adams Present Mariluz Maldanado, City Planner Derrick Hankerson Arrived 7:05 pm Present Donna Kirby, Board Clerk Bill Harris Present Luis Rimoli, Alternate II. APPROVAL OF MINUTES Motion was made by Randy Wright to approve the March 18, 2015 minutes of the Planning & Zoning Board sitting as Local Planning Agency and was seconded by Bob Adams, Motion was approved 5-0. Bill Harris yes Randy Wright yes Luis Rimoli yes Tim Pribisco yes Bob Adams yes III. PUBLIC HEARINGS 1. RZ-114-14: The applicant, John C. Halliday III, on behalf of Griffin Pointe Partners, LLP, is requesting a rezoning for a property located at 2301 Griffin Road. Director, Marc LaFerrier made a presentation and recommends approval. The applicant’s attorney, Dick Coker spoke briefly giving a little history of the property. No other comments were made. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER. 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 THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Board Local Planning Agency Regular Meeting 2 April 15, 2015 Motion was made by Bob Adams to approve RZ-114-14 and was seconded by Luis Rimoli, motion was approved 0-5. Bill Harris yes Randy Wright yes Luis Rimoli yes Tim Pribisco yes Bob Adams. yes 2. CD-36-15: City of Dania Beach Comprehensive Plan Amendments to the water supply facilities work plan to strengthen the coordination between water supply and local land use planning by amending the Sanitary Sewer, Solid Waste, Drainage, Potable Water, Natural Groundwater Aquifer Recharge Element, the Capital Improvements Element, the Conservation Element and the Intergovernmental Coordination Element. Director, Marc LaFerrier said that the City is the applicant and introduced to the Board, Fred Bloetscher, Consultant and said that he will make a presentation and will recommend approval. After the presentation, no further comments were made. Motion was made by Derrick Hankerson to approve CD-36-15 and was seconded by Tim Pribisco, motion was approved 0-5. Bill Harris yes Randy Wright yes Derrick Hankerson yes Tim Pribisco yes Bob Adams. yes 3. TX-31-15 (CONTINUED): The applicant, City of Dania Beach, is requesting a zoning text amendment to reduce parking requirements for restaurant uses, Section 265-50 in the City’s Unified Land Development Code, known as OneCode. Director LaFerrier recommended that TX-31-15 be withdrawn. Need to review and make it more business/parking friendly in the downtown. Motion was made by Randy Wright to adjourn the meeting and was seconded by Tim Pribisco, motion was approved 0-5. Bill Harris yes Randy Wright yes Derrick Hankerson yes Tim Pribisco yes Bob Adams. yes IV. MEETING ADJOURNED AT 7:30 P.M. Planning and Zoning Board Local Planning Agency Regular Meeting 1 July 15, 2015 AGENDA CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, July 15, 2015 7:00 PM I. ROLL CALL Timothy Pribisco Absent Tom Ansbro, Board Attorney Randy Wright Present Corinne Lajoie, Principle Planner Bob Adams Absent Eleanor Norena, Board Clerk Derrick Hankerson Present Bill Harris Present II. APPROVAL OF MINUTES Motion was made by Derrick Hankerson to approve the May 20, 2015 minutes of the Planning & Zoning Board and was seconded by Randy Wright, Motion was approved 3-0. Bill Harris yes Randy Wright yes Derrick Hankerson yes III. PRESENTATIONS 1. Broward Next Presentation by the Broward County Planning Council Dawn Teetsel, Planner for the Broward County Planning Council made a presentation. IV. PUBLIC HEARINGS 1. PL-37-15: The applicant, Leigh R. Kerr, on behalf of the property owner DS Realty Inc., is requesting plat approval on property located at 2800 S. Federal Highway. Principle Planner, Corinne Lajoie made a presentation and recommends approval. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 BE BASED. LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER. 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 THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Board Local Planning Agency Regular Meeting 2 July 15, 2015 Kelly Rey, representing the applicant made a presentation. Motion was made by Derrick Hankerson to approve PL-37-15 and was seconded by Randy Wright, motion was approved 3-0. Bill Harris yes Randy Wright yes Derrick Hankerson yes 2. VC-45-15: Bonnie Miskel, Esq. at Dunay, Miskel and Backman, LLP. on behalf of the property owner Archdiocese of Miami, Church of the Resurrection C/O Suzanne Dockerty, Esq. is requesting to vacate NE 4 Court right-of-way, located between NE 2 Street and Dania Cut Canal. Principle Planner, Corinne Lajoie made a presentation and recommends approval. Bonny Miskel, representing the applicant made a presentation. Katheen Zelinski, and Ray Snow, neighboring residents requested clarification of the proposed project. Board Members discussed the item and continued action until next month’s meeting. Motion was made by Derrick Hankerson to continue item #2, VC-45-15 until the August 19, 2015 Planning and Zoning Meeting and was seconded by Randy Wright. Item was continued 3-0. Bill Harris yes Randy Wright yes Derrick Hankerson yes V. DIRECTOR’S REPORT None. VI. MEETING ADJOURNED AT 7:59 P.M. ATTEST: _________________________ _______________________________ ELEANOR NORENA BILL HARRIS, CHAIR BOARD CLERK PLANNING AND ZONING BOARD The above minutes are action minutes of the Planning and Zoning Board Meeting, for more details regarding the meeting discussion please request an audio file of the meeting by emailing the Planning and Zoning Board Clerk, Eleanor Norena at enorena@ci.daina-beach.fl.us or call (954) 924-6805 X3645. ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JAN H. SMITH AGENT ON BEHALF OF THE PROPERTY OWNER GERDAU AMERISTEEL U.S., INC., APPROVING THE GERDAU AMERISTEEL PLAT (PL-058-15) FOR PROPERTY LOCATED AT 2025 TIGERTAIL BOULEVARD IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28 “Land Development Code,” Part 6, “Development Review Procedures And Requirements,” Article 640, “Plats” of the City Code of Ordinances (the “City Code”), Jan H. Smith, agent on behalf of Gerdau Ameristeel U.S., Inc. (the “Applicant”) has applied to the City of Dania Beach (the “City”), for approval of a Plat attached as Exhibit “B,” for property legally described in Exhibit “A” (Application PL-058-15); and WHEREAS, the City Planning and Zoning Advisory Board, sitting as the Local Planning Agency, held a duly advertised public hearing on August 19, 2015 and determined that the proposed Plat is consistent with the goals and objectives of the City of Dania Beach Comprehensive Plan (the “Comprehensive Plan”), and therefore, recommended approval of the proposed Plat; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the proposed Plat will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. The foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and are made a specific part of this Ordinance. Section 2. Approval of the Plat. That the “Gerdau Ameristeel” Plat (PL-058-15) attached as Exhibit “B” (PL-058-15), for property located at 2025 Tigertail Boulevard in the City 2 of Dania Beach, and legally described in Exhibit ”A”, a copy of which is made a part of and incorporated into this Ordinance by this reference, is accepted and approved. The City of Dania Beach consents and agrees that such Plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 3. Conditions. 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 fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 4. Severability. 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. Conflicts. 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. Effective Date. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on ____________, 2015. PASSED AND ADOPTED on second reading on ____________, 2015. ATTEST: LOUISE STILSON, CMC MARCO A. SALVINO, SR. CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 3 EXHIBIT “A” LEGAL DESCRIPTION DESCRIPTION: (PER WARRANTY DEED, 0.R.B. 3460, PG 751, B.C.R.) THE SOUTH 35 FEET THAT PORTION OF THE "AMENDED PLAT OF HOLLYWOOD HEIGHTS", PLAT BOOK 14, PAGE 58 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LYING WEST OF THE WEST RIGHT-OF-WAY LINE OF INTERSTATE 95 (STATE ROAD No. 9); THE SOUTH 35 FEET OF THAT PORTION OF THE SE 1/4 OF THE NW 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF THE WEST LINE OF SAID "AMENDED HOLLYWOOD HEIGHTS"; THE SOUTH 35 FEET OF THAT PORTION OF THE SW 1/4 OF THE NW 1/4 OF SAID SECTION 33, LYING EAST OF A LINE THAT IS 300 FEET EAST OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD AIR LINE RAILROAD; ALL THAT PROPERTY IN TRACT 5, OF TIGERTAIL GROVE RE-SUBDIVISION, LYING IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 30, PAGE 20. OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; EXCEPT THE PORTION THEREOF CONVEYED TO BROWARD COUNTY, FLORIDA FOR ROAD AND HIGHWAY PURPOSES BY SPECIAL WARRANTY DEED DATED SEPTEMBER 25, 1962 AND RECORDED IN OFFICIAL RECORDS 2473, PAGE 614 OF THE PUBLIC RECORDS OF SAID COUNTY; ALL THAT PART OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EASE, LYING EAST OF THE SEABOARD-ALL FLORIDA RAILWAY RIGHT- OF-WAY IN BROWARD COUNTY, FLORIDA; EXCEPT, BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF TIGERTAIL BOULEVARD AND A POINT 100 FEET EAST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD-ALL FLORIDA RAILWAY, AS MEASURED AT RIGHT ANGLES, SAID POINT OF BEGINNING ALSO BEING DESCRIBED AS THE SOUTHWEST CORNER OF A TRACT FORMERLY KNOWN AS THE SEABOARD-ALL FLORIDA RAILWAY STATION GROUND; THENCE RUN EASTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF TIGERTAIL BOULEVARD 202.63 FEET; THENCE NORTHEASTERLY PARALLEL TO THE SAID RIGHT-OF-WAY LINE TO THE NORTH LINE OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4, SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE WESTERLY A DISTANCE OF 202.65 FEET ALONG SAID NORTH LINE OF THE N 1/2 OF THE NW 1/4 OF THE SW 1/4 TO A POINT 100 FEET EAST OF THE WEST RIGHT-OF-WAY LINE OF THE SEABOARD-ALL FLORIDA RAILWAY, AS MEASURED AT RIGHT ANGLES; THENCE SOUTHWESTERLY ALONG THE EASTERLY RIGHT-OF- WAY LINE TO THE POINT OF BEGINNING; THE SAID EXCEPTED TRACT OF LAND HEREIN DESCRIBED ALSO BEING KNOWN AS PART OF THE TRACT FORMERLY KNOWN AS SEABOARD-ALL FLORIDA RAILROAD GROUNDS; AND EXCEPT THE PORTION THEREOF CONVEYED TO BROWARD COUNTY, FLORIDA FOR ROAD AND HIGHWAY PURPOSES BY SPECIAL WARRANTY DEED DATED SEPTEMBER 25, 1962 AND RECORDED IN OFFICIAL RECORDS BOOK 2473, PAGE 614 OF THE PUBLIC RECORDS OF BROWARD COUNTY. (END OF DEED DESCRIPTION) AND ALSO LESS THEREFROM PARCEL A OF DESIGNER'S PLACE AT DANIA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 129, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ALL OF THE ABOVE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE EASTERLYMOST CORNER OF PARCEL "A" OF "THE NCL PLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 150, PAGE 50 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF THE AFORESAID TRACT 4 5 OF TIGERTAIL GROVE RESUBDIVISION, SOUTH 04°16'24" EAST 665.91 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 5; THENCE ALONG THE SOUTH LINE OF SAID TRACT 5, SOUTH 87°28'12" WEST 60.64 FEET TO AN INTERSECTION WITH AN EASTERLY LINE OF PARCEL "A" OF DESIGNER'S PLACE AT DANIA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 129, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD, FLORIDA; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TWO (2) COURSES, (1) NORTH 09°39'28" EAST 44.07 FEET; (2) NORTH 04°16'24" WEST 309.40 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", SOUTH 87°28'12" WEST 550.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG THE WEST LINE OF SAID PARCEL "A", SOUTH 02°38'10" EAST 359.84 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHWEST ONE- QUARTER (SW 1/4) OF SAID SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SOUTH 87°28'12" WEST 511.41 FEET; THENCE ALONG A SOUTHERLY PROLONGATION OF AN EASTERLY LINE OF SAID PARCEL "A" OF SAID "THE NCL PLAT" AND SAID EASTERLY LINE, NORTH 06°43'38" EAST 681.14 FEET; THENCE ALONG A SOUTHERLY BOUNDARY OF SAID PARCEL "A" OF SAID "THE NCL PLAT", NORTH 87°25'19" EAST 991.66 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 510,898 SQUARE FEET (11.729 ACRES) MORE OR LESS. EXHIBIT “B” 5 5 OF TIGERTAIL GROVE RESUBDIVISION, SOUTH 04°16'24" EAST 665.91 FEET TO THE SOUTHEAST CORNER OF SAID TRACT 5; THENCE ALONG THE SOUTH LINE OF SAID TRACT 5, SOUTH 87°28'12" WEST 60.64 FEET TO AN INTERSECTION WITH AN EASTERLY LINE OF PARCEL "A" OF DESIGNER'S PLACE AT DANIA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 129, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD, FLORIDA; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING TWO (2) COURSES, (1) NORTH 09°39'28" EAST 44.07 FEET; (2) NORTH 04°16'24" WEST 309.40 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", SOUTH 87°28'12" WEST 550.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG THE WEST LINE OF SAID PARCEL "A", SOUTH 02°38'10" EAST 359.84 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "A"; THENCE ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE SOUTHWEST ONE- QUARTER (SW 1/4) OF SAID SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, SOUTH 87°28'12" WEST 511.41 FEET; THENCE ALONG A SOUTHERLY PROLONGATION OF AN EASTERLY LINE OF SAID PARCEL "A" OF SAID "THE NCL PLAT" AND SAID EASTERLY LINE, NORTH 06°43'38" EAST 681.14 FEET; THENCE ALONG A SOUTHERLY BOUNDARY OF SAID PARCEL "A" OF SAID "THE NCL PLAT", NORTH 87°25'19" EAST 991.66 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 510,898 SQUARE FEET (11.729 ACRES) MORE OR LESS. EXHIBIT “B” ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ARI SKLAR, A.I.A, SKLARCHITECTURE AGENT ON BEHALF OF THE PROPERTY OWNERS CASEY 18 DEVELOPMENT GROUP, LLC AND DANIA COVES 18, LLC, APPROVING THE DANIA OAKS PLAT (PL-067-15), FOR PROPERTY LOCATED AT 5461 & 5471 SW 40th AVENUE IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28 “Land Development Code,” Part 6, “Development Review Procedures And Requirements,” Article 640, “Plats” of the City Code of Ordinances (the “City Code”), Ari Sklar, A.I.A, Sklarchiterture, agent on behalf of Casey 18 Development Group LLC and Dania Coves 18, LLC, (the “Applicant”) has applied to the City of Dania Beach (the “City”), for approval of a Plat attached as Exhibit “B,” for property legally described in Exhibit “A” (Application PL-075-14); and WHEREAS, the City Planning and Zoning Advisory Board, sitting as the Local Planning Agency, held a duly advertised public hearing on August 19, 2015 and determined that the proposed Plat is consistent with the goals and objectives of the City of Dania Beach Comprehensive Plan (the “Comprehensive Plan”), and therefore, recommended approval of the proposed Plat; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the proposed Plat will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. The foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and are made a specific part of this Ordinance. 2 Section 2. Approval of the Plat. That the “Dania Oaks” Plat attached as Exhibit “B” (PL-037-15), for property located at 5461 & 5471 SW 40th Avenue in the City of Dania Beach, and legally described in Exhibit ”A”, a copy of which is made a part of and incorporated into this Ordinance by this reference, is accepted and approved. The City of Dania Beach consents and agrees that such Plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 3. Conditions. The applicant shall address any outstanding comments related to the proposed Plat prior to scheduling for a City Commision Public Hearing. Section 4. Severability. 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. Conflicts. 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. Effective Date. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on ____________, 2015. PASSED AND ADOPTED on second reading on ____________, 2015. ATTEST: LOUISE STILSON, CMC MARCO A. SALVINO, SR. CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 3 EXHIBIT “A” Dania Oaks Plat LEGAL DESCRIPTION PARCEL “A” A parcel described as the South 99.00 feet of the North 431.03 feet of the West 184.50 feet of the East 219.50 feet of TRACT 9, “NEWMANS SURVEY” OF SECTION 36, and TOWNSHIP 50 SOUTH, RANGE 41 EAST, as recorded in Plat Book 2, Page 26, of the Public Records of Miami-Dade County, Florida. LESS the South 4.00 feet of the East 103.72 thereof. PARCEL “B” A Portion of Tract 9, Section 36, Township 50 South, Range 41 East. Broward County, Florida, and more particularly described as follows: The South 117.52 feet of the North 544.55 feet of the West 322.55 feet of the East 357.55 feet of TRACT 9, “NEWMANS SURVEY” OF SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, as recorded in Plat Book 2, Page 26, of the Public Records of Miami-Dade County, Florida; LESS AND EXCEPT THE FOLLOWING: Commence at the most Northeasterly corner of the South 117.52 feet of the North 544.55 feet of the West 322.55 feet of the East 357.55 feet of TRACT 9, “NEWMANS SURVEY” OF SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, as recorded in Plat Book 2, Page 26, of the Public Records of Miami-Dade County, Florida; Thence South 03°03’39” East, a distance of 4.00 feet; Thence South 87°49’48” West, a distance of 80.78 feet; Thence North 03°03’39” West, a distance of 4.00 feet; Thence North 87°49’48” East, a distance of 80.78 feet to the Point of Beginning. PARCEL C The South 212.52 feet of the North 544.55 feet of the West 293.05 feet of the East 512.55 of TRACT 9, “NEWMANS SURVEY” OF SECTION 36, TOWNSHIP 50 SOUTH RANGE 41 EAST, according to the Plat thereof, as recorded in Plat Book 2, Page 26, of the Public Records of Miami-Dade County, Florida. LESS the South 117.52 feet of the East 138.05 thereof. Said lands situate, lying and being in Broward County, Florida. EXHIBIT “B” 4