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Home My WebLink AboutO-2003-021 Approving Kevin's plat ORDINANCE NO. 2003 - 021 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "KEVIN'S PLAT", SUCH PROPERTY BEING LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF THE WALGREEN'S DRUG STORE WITHIN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "KEVIN'S PLAT"; 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 the plat of "Kevin's Plat" (PL-20-03), an Ordinance of the City Of Dania Beach, Florida, approving "Kevin's Plat", such property being located east of Walgreens/501 East Sheridan Street and East of SE 5th Avenue in the City Of Dania Beach and legally described in exhibit "A", a copy of which is attached to this ordinance, is hereby accepted and approved, with the understanding that the channelized entrance will be shown on the site plan. 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 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat of "Kevin's Plat, is accepted by the City of Dania Beach, Florida, Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. That this ordinance shall take effect immediately at its time of passage. PASSED and ADOPTED on first reading on the 13th day of May, 2003. PASSED and ADOPTED on second and final reading on the 28th day of May, 2003. B AN ON MAYOR - COM ISSIONER AT ST ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY -YES A jRkE J H SON COMMISSIONER MIKES - YES i CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES 1 Ordinance No.2003-021 • APPROVED AS TO FO M7 CORRECTNESS: BY. TH MAS J. A R CITY AT ORNEY 2 Ordinance No.2003-021 EXHIBIT "A" • LEGAL DESCRIPTION THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE SOUTH 50 FEET THEREOF; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. 3 Ordinance No.2003-021 AGENDA REQUEST FORM CITY OF DANIA BEACH 47 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MAY 27, 2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -PL-20-03—"KEVIN'S PLAT" PLAT 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: PRELIMINARY PLAT APPROVAL REQUEST BY SHERIDAN 87 LLC/CALVIN GIORDANO ASSOCIATES FOR PROPERTY LOCATED AT EAST OF WALGREENS/501 E. SHERIDAN STREET AND EAST OF SE 5T" AVENUE. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Plat Application Hearing Notice/Mailing List Location Map Plat • 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their April 23, 2003 regular meeting. Submitted by: Laurence G. Leeds,AICP, Director Date April 25, 2003 Growth Management Department City Manager Date • CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT DATE: May 27, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Directors�-- FRONT: Corinne Church, AICP, Principal Planner 04Q— REQIUEST: PL-20-03 — Request by Calvin Giordano & Associates, Inc., on behalf of Sheridan 87 LLC to establish a perimeter plat for property located at East of Walgreens/501 E. Sheridan Street and East of SE 5tn Avenue (Trafalgar Development, LLC). On May 13, 2003 the City Commission approved, on first reading, the preliminary plan request. In order to develop the subject property in accordance with the approved zoning (87 condominiums), the developer is required to file what is known as a "perimeter plat" (similar to a boundary survey) of the property. Broward County, as part of its plat review: a) Evaluates the needs of the proposed development in terms of potable water, sanitary sewer, and schools. b) Collects impact fees for public schools, county parks, and county mass transit. c) May require the construction of off-site road improvements to mitigate the impact of the project. The City of Dania Beach, as part of its plat review, requires person's platting land for residential purposes to dedicate public land for parks to meet the needs created by their development. The fee shall be based upon the formula identified in Chapter 19 (Article IV) of the City Code. Chapter 19 specifies that that the dedicated land may be used for"parks, passive or active open space, or other recreational purposes." In this instance, the formula requires the applicant to dedicate 0.47 acres of public open space. Due to the small size of the required dedication, and the availability of public park land in the general area (West Lake Park), staff recommends the applicant pay a local park impact fee based on the 0.47 acre park dedication. The fee is based on the appraised value of the total site multiplied by the percentage of site required to be dedicated for local parks. In this case, applicant's 0.47 acre park dedication requirement represents 10.4 % of the total site. KEVIN PLAT STAFF PZ REPORT 2nd reading.DOC 1 of 2 The City Code provides three alternative methods for determining "fair market value": • a) The City Commission may hire an appraiser to determine the fair market value of the dedicated parcel. b) The developer obtains his own appraisal, which appraisal may be accepted by the City Commission if found reasonable. c) The City Commission and developer may agree as to the fair market value. Ingress/Egress: The applicant is in the process of constructing 102 condominium units directly east (44 units under construction, 58 units pending). Including the subject parcel, 189 new apartment units will abut Sheridan Street in this general area. Pavement markings on Sheridan Street appear to prohibit left turns into the subject parcel. However, no concrete median is proposed to physically prevent left turns. Allowing left turn movements from the east bound travel lane creates the potential for rear end collisions at this location. To alleviate this problem, staff recommends the applicant install a dedicated left turn lane for the 87 dwelling units at this location. In the alternative, applicant can install a raised median to prohibit left turns at this location. Utility Easements: Applicant to obtain written confirmation from the Public Works/Utilities Director that all required easements have been indicated on the plan. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION • On April 23, 2003 the Planning and Zoning Advisory Board recommended approval of the plat subject to the applicant addressing the following issues prior to being scheduled for the City Commission public hearing: 1) Establish local park impact fee requirement. 2) Applicant to obtain written confirmation from the Public Works/Utilities Director that all required easements have been indicated on the plan. 3) Applicant to install a dedicated left turn lane at this location to serve the subject property. Applicant to provide drawings showing a dedicated turn lane or a raised medium to prohibit left turns. Construction drawings to be approved, by the City and FDOT prior to issuance of building permits (Please note staff cannot require the turn lane if FDOT states in writing that they will not permit a left turn lane to be installed at this location). STAFF RECOMMENDATION As of May 20, 2003 applicant has not addressed the above conditions. Staff recommends that if these issues are not fully and completely addressed by May 27, 2003, this item be continued. • ' Staff has previously suggested applicant deed restrict the use of the property to 87 condominiums. KEVIN PLAT STAFF PZ REPORT 2nd reading.DOC 2of2 r C17 DANIA BEACH GROWTH MANAGEMEW )PT. PLANNING AND ZONING DIVISION 100 W. DANIA BEACH BLVD. DANIA, FL 33004 PETITION FOR PLAT APPROVAL DATE: �� PETITION PL-��" 3 TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY COMMISSION, A PLAT APPROVAL OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY: PETITIONER: Ct LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#) J 4 Z 00D Z 16 1-Sl—yy2 task'z o�SW��'SW ��W�C AeS4 S44 S�'4r S �1� GENERAL LOCATION OF -SU1^BJECT PROPERTY: S` PRESENT ZONING:��y[ REASONS&JUSTIFICATION FOR REQU STED PLATTING: .�ce,L -(- k �-� NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION Sworn nd subscrib me Signature olpsWoner d pA VA A n n0 _ ota Public State of( ) Pi. to Street Address, City State&Zip Comm Seal: COMMISSION NO.DD118064 Telephone Number MY COMMISSION EXP.JUNE 32006 This is to certify that I am the owner of subject lands described above in the PETITION FOR PLAT APPROVAL and that I have authorized to make and file the aforesaid PETITION FOR PLAT APPROVAL. Sworn to and subscribed before me Signature of Petitioner this ___ day of_ _J 19 Notary Public State of( ) Printed Name of Notary Street Address,City State&Zip Commission Expires - Seal: Telephone Number (FEE AND CHECKLIST INFORMATION) Filing Fee: $165. 00 for the first acre or fraction thereof, plus$27.50 per acre for each additional or fraction The following must be included with Application: Sealed Survey ✓ Copy of Plat. bl Related Petition(,) • Minimum Deposit of S 5,000.00 reguired 3o2,Ya NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on May 27, 2003 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: Request by Shelley Eichner of Calvin Giordano and Associates representing Sheridan 87 LLC., located on the north side of Sheridan Street, directly east of the Walgreens Drug. Store, in the City of Dania Beach, Florida for PL-20-03 Preliminary Plat approval of the "Kevin's Plat". AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "KEVIN'S PLAT", SUCH PROPERTY BEING LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST OF THE WALGREEN'S DRUG STORE WITHIN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "KEVIN'S PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (2nd Reading Ordinance) Exhibit A— Land Description: THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE SOUTH 50 FEET THEREOF; SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. Copies of the proposed petition are available for viewing in the Growth Management Department, 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 Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3630, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by 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 Publish— Friday, May 16, 2003 • NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN �t 7.✓t ` that a public hearing will be held before the Dania ` Beach City Commission on \ ` 6 \ O May 27,2003 at 7:00 PM, S \ or as soon thereafter as possible,in the City Com- mission-ROOM, Adminis- trative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the fol- lowing requests: Request by Shelley EICh- ner of Calvin Giordano and Associates representing Sheridan 87 LLC.,located on the north side of Sheri- dan Street,directly east of the Waigreens Drug Store, In the City of Dania Beach, Florida for PL-20-03 Pre- liminary Plat approval of the"Kevin's Plat". AN ORDINANCE OF THE CITY OF DANIA,FLORIDA, APPROVING "KEVIN'S PLAT", SUCH PROPERTY BEING LOCATED ON THE', NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST: OF THE WALGREEN'S DRUG STORE WITHIN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; AC-' CEPTING THE DEDICATION FOR PUBLIC USE OF ALL• STREETS,HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "KEVIN'S :PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EF- FECTIVE DATE. (2nd Reading Ordinance) • Exhibit A Land Descrip- tion: THE EAST ONE-HALF OF THE SOUTHWEST ONE- QUARTER OF THE SOUTH- WEST ONE-QUARTER OF THE SOUTHWEST ONE QUARTER OF SECTION 2, ' TOWNSHIP 51 SOUTH, . RANGE 42 EAST,LESS THE SOUTH 50 FEET THEREOF; SAID LANDS SITUATE,LY- ING AND BEING IN BRO- WARD COUNTY,FLORIDA. Copies of the proposed petition are available for ;viewing in the Growth Management Depart- ment, 100 West Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 AM and 4:00 PM, Monday-Friday.Interest- ed parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabili- ties Act,persons needing assistance to participate In any of these proceed- ings should contact Char- lene Johnson, City Clerk, 100 W.Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3630, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commis- sion with regard to any matter considered at this ® meeting or hearing will need a record of the pro- ceedings and for such pur- pose 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. 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