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/ ORDINANCE NO. 09-99
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING "BERNARD VILLAGE" PLAT, SUCH PROPERTY
BEING LOCATED IN 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 'BERNARD VILLAGE" 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 "BERNARD VILLAGE" PLAT, an Ordinance of the City Of Dania
Beach, Florida, approving "BERNARD VILLAGE" PLAT, such property being located 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. 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 "BERNARD VILLAGE" 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ordinance are hereby repealed.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 13'"day of April, 1999.
PASSED and ADOPTED on second readin ;the of April, 99.
—COMMISSIONER
A T.
ROLL CALL:
i` MAYOR BERTINO- YES
SHERYL HAPMAN VICE-MAYOR McELYEA-YES
ACTING CITY CLERK COMMISSIONER CALI -YES
COMMISSIONER ETLING -YES
COMMISSIONER MIKES —YES
APPROVED AS TO FORM AND CORRECTNESS:
By:
T OMJ S JJAr4MRO
CITY ATTORNEY
ORDINANCE NO. 09-99
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EXHIBIT"A"
LEGAL DESCRIPTION
THE EAST 130.00 FEET (AS MEASURED ALONG THE SOUTH AND
NORTH LINES) OF THE FOLLOWING DESCRIBED PARCEL OF
LAND: THAT PART OF THE N '/z OF THE NW Y4 OF THE SE '/4 OF
SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT 509 FEET EAST OF THE
SOUTHWEST CORNER OF THE NORTH '/z OF THE NW '% OF THE
SE Y4, THENCE RUN EAST ALONGTHE SOUTH LINE OF SAID N '/z
OF THE NW '% OF THE SE % A DISTANCE OF 171 FEET, MORE OR
LESS, TO THE WESTERLY RIGHT-OF-WAY LINE OF THE SE 2NO
AVENUE; THENCE RUN NORTH ALONG THE WESTERLY RIGHT-
OF-WAY LINE A DISTANCE OF 294 FEET; THENCE RUN WEST
PARALLEL TO THE SOUTH LINE OF SAID N Y2 OF THE NW '/4 OF
THE SE Y4 A DISTANCE OF 159 FEET, MORE OR LESS, TO A POINT
WHICH IS 509 FEET EAST OF THE WEST LINE OF SAID N 'h OF
THE NW Y4 OF THE SE %A DISTANCE OF 294 FEET TO THE POINT
OF BEGINNING. SAID LANDS SITUATE IN DANIA, BROWARD
COUNTY, FLORIDA.
2 ORDINANCE NO. 09-99
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AGENDA REQUEST FORM
CITY OF DANIA
Date: 04-21-99 Agenda Item#:
Title: +
PL-14-99 BERNARD VILLAGE PLAT
Requested Action:
SECOND READING OF ORDINANCE
Summary Explanation B Background:
Property located at on the West side of SE 2nd Ave. between SE 7th and SE 10th Streets. The
plat is in conjunction with the proposed construction of 5 single family homes.
Exhibits(List):
Memorandum from Terry L. Virta, AICP, Growth Management Director
Ordinance
Application
Copy of December 12, 1998 Commission minutes approving lot variance.
Prepared By:
TERRY L. VIRTA, AICP, GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name 8 Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD MARCH 17, 1999
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
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MEMORANDUM
TO: Michael W. Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Director
RE: PL-14-99 - "Bernard Village" Plat Second Reading / Public Hearing
Date: April 21, 1999
The site of this proposed preliminary plat was previously reviewed by the City
Commission as a petition for a variance. The site was six feet short of meeting the
minimum requirements to allow for a subdivision of five lots. Variance VA-50-98 was
approved with the condition that two twelve foot Oak of Mahogany trees be placed along
the rear lot lines of each lot. The Commission was concerned that these lots needed
more than the normal minimum requirements for landscaping and the petitioner agreed
to this requirement.
The Preliminary Plat that has been submitted for your review has total of five lots
as was indicated in the Variance Petition. The lots are proposed to have the minimum
widths as was indicated previously.
RECOMMENDATION
Staff recommended that the Planning and Zoning Commission act favorably upon this
request. They in turn recommend to the City Commission that this Preliminary Plat be
approved.
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ITEM 4.1 WAS HEARD NEXT
3.8 VA-50-98 - "A RESOLUTION APPROVING VARIANCE REQUEST BY K & B
CONSTRUCTION AND MARK F. BUTLER, ESQ. REPRESENTING HITCHING POST
MOBILE HOME PARK IN DANIA BEACH (LIMITED PARTNERSHIP), FROM
CHAPTER 28 ZONING, ARTICLE 4, DISTRICT REGULATIONS, SCHEDULE OF
LOT, YARD AND BULK REGULATIONS FOR THE RS-6000 ZONING DISTRICT BY
ALLOWING THE CONSTRUCTION OF FIVE (5) SINGLE-FAMILY RESIDENCES ON
A SITE WHICH IS 294 FEET IN WIDTH WHERE 300 FEET IS REQUIRED, SITE
LOCATED ON THE WEST SIDE OF SE 2ND AVENUE AND SE 10 STREET, TO THE
EAST OF THE HITCHING POST MOBILE HOME PARK."
Terry Virta, Growth Management Director, explained that the site is 6 feet shy of code
requirements for the construction of five single family homes. He stated that four(4)
of the lots would be one (1) foot under code requirements and one (1) lot would be two
(2) feet under code requirements; however the area of each lot would still exceed the
minimum 6,000 foot requirement. He reported that The Planning and Zoning Board
recommended approval of the request.
City Attorney Ansbro advised that this was a quasi-judicial hearing and asked for any
disclosures. No disclosures were made. All witnesses were sworn in by City Attorney
Ansbro.
Attorney Mark Butler, respresenting K& B Construction, was present to request
approval of the variance.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to
extend the meeting to 12:45 a.m. The motion passed with Commissioner Mikes voting
no.
A motion was made by Commissioner Mikes, seconded by Commissioner Bertino to
approve the variance request with the condition that two 12' high oak trees or
mahogany trees, per lot, be placed along the perimeter line. The motion passed on
the following roll call vote:
Commissioner Bertino - yes Vice-Mayor Etling - yes
Commissioner Hyde- yes Mayor Cali - yes
Commissioner Mikes - yes
ITEM 3.6 WAS HEARD NEXT
3.9 VA-51-98 — "A RESOLUTION APPROVING VARIANCE REQUEST BY SYNALOVSKI
GUTIERREZ ARCHITECTS, INC., REPRESENTING REILLY D. RICHARDS, OWNER
OF PROPERTY COMMONLY KNOWN AS "RICHARDS FURNITURE", FROM
CHAPTER 28 ZONING, ARTICLE 6.21 "SCHEDULE OF OFF STREET PARKING"
AND CHAPTER 26, "VEGETATION', SECTION 26.50 FOR PROPERTY LOCATED
AT 302 NORTH FEDERAL HIGHWAY."
ITEM 3.9 WAS CONTINUED TO 1/26/99 UPON THE REQUEST OF THE PETITIONER.
CITY OF DANIA BEACH MINUTES 13 DECEMBER 8, 1998
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:TY OF DANIA GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
DANIA, FL 33004
PETITION FOR PLAT APPROVAL
DATE: r izo/99 PETITION PL- 1 q-g1
TO CITY OF DANIA PL JNING AND ZONING BOARD AND DANIA CITY COMMISSION, A PLAT
APPROVAL OF PROPE- `Y AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY:
PETITIONER: Nikki L. Hitt/Deni Associates
LEGAL DESCRIPTION i SUBJECT PROPERTY: (FOLIO#)
Portion of Section 3-51-42
GENERAL LOCATION ( SUBJECT PROPERTY: W- side of S.E. end Avenue, S. of S.E.
PRESENT ZONING:_ _REASONS&JUSTIFICATION FOR REQUESTED PLATTING:
S,y:to subdivide into 5 single family lots, °IernOff) h11QCP Y�C /
(Note: If more than one 7 ling classification is requested, please attach complete legal description of
each zoning classification equested.)
NOTE: ALL SIGNATUF S MUST BE NOTARIZED BY ORDER OF DANIA CITY COMMISSION
Sworn to and subscrib c efore me - Signature of Petitioner
this �� dayof� ,"r� ..1g1_1` �1 r-/�
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Notary Pubkl Stateof) ) Tr Marv, Ft- ?)-a;;i I
Printed Name of Notary Dr vnuGHN Street Address,City State&Zip
Wjt
Commissioi M
r-EXPI FSAUGM G27, C`jSA) 1"ZO Ic�rL
Seal: ?�Ootn A „ceo�as p"'c• Telephone Number
,
WHEN PETITIONER IS : )T THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE
FOLLOWING:
This is to certify that I ar ;he owner of subject lands described above in the PETITION FOR PLAT
APPROVAL and that 1 h e authorized nlikki L, Hitt to make and file the aforesaid
PETITION FOR PLAT AI 'ROVAL.
Sworn to and subscribed efore me Signature of Petitioner
this ',QR dayof-),- lgo1�
"�' 4980/8.W. 52nd Street, N119,
NotarylPubli SNateof(—�o ) Day-fe, FL 33314
Printed Name of Notary reef Address, City State&Zip
r"
Commission Expires = COM MON 4 CC 656671 (954) 797-6693
Seal: 001 Telephone Number
IN ArnwTKeo ND",+DC0.,1T.c.
(DEPARTMENT USE ONL -00 NOT WRITE BELOW THIS LINE)
ACCEPTED BY: FILING FEE: $165.00, PLUS$27.50 PER ACRE
Check off list: Plus Advertising costs.
Sealed Survey Plat Related petition(s)(if applicable)
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S U N E N T I N E L
PUBLISHED DAILY NOTICE OF PUBLIC (SEARING
FORT LAUDERDALE♦ BROWARD COUNTY, FLORIDA D BEFONIARE
CIITYCOMMISSION OF THE CITY OF
3OCA RATON♦ PALM BEACH COUNTY, FLORIDA REGARDING THE FOLLOWINGcamOTIC IS HERn on AEEBYpril 271VE998GiyaoDmiamoassoon
MIAMI♦ DADE COUNTY♦ FLORIDA thereafter as the matter may be lwara, will conduct
Phubtie hearings In the OR Commission Meeting Room of
o Dania Beach City Hall 100 West Dania Beach Boule-
vard Dania Boach, Florida, to consider the following
petitions:
VA-02.99-Request by John Greater representin9 Dania
COUNTY OF BROWARD/PALM BEACH/DADE Homes.Inc.for properties located In the 200 block of SE
BEFORE E U DDD;R. ED AUTHORITY PERSONALLY APPEAPark Street In Dome Beach Florida,for a variances from
v�✓4 Chapter2B Zoning,Article 4.District Reggulations-Sched-
ule of Lot,lard and Bulk Regulations per lalninp to setback
and area requirements In an RM(Residential Multifamily)
zoned district.The petitioner wishes to construct 3 sing a
_ WHO ON OATH SAYS THAT family homes on 3 separate lots using loss than the ro.
HE HE IS A DULY AUTHORIZED• REPRESENTATIVE OF TTHEauifaaodaslre0taelbaak,btwidthani lot area.Subdwy
osalbSid es:Lots i 2,3,Olock 3,Dania Beach Subdlvl-
Stan accordin to tiro Plat thefeof as recorded in Plat
ty
,,CLASSIFIED DEPARTMENT OF THE SUN—SENTINEL♦ DAILY Floorrida.Saddlands the situate, tyingoandbeingin°erowaJ
NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUCounty'Florida
PL-14-99 - Re%esl for preliminary plat approval bv
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT♦ BMikki L.Hitt Deal ssocialesrepresenlina Mario Barnard.
President of M.B.Construction,for the d vetopment of 5
single fairly,homes on the ro osed subdivision to be
known as'Bernard Village'Peat,Faceted at SE 101h Street
NOTICE OF PUBLIC HEARING and BE 2nd Avenue, Deals Beach,Florida.Logally de-
scribed as:The cut,136.65 last tans9measured allong the
lantl t1ipt°partohthe f♦o1/2alathe NW 1/olthe BE fiia of
IN THE MATTER OF Soction 3,Township 51 South,Rana 42 east described
es follows:B ?inning et a ppain 509 Peat east of the south-
west corner oPIN North T/2 of the NW 1/4 of the BE 1/4,
thence run East along the South line of said N 1/2 of the
NW 1/4 of the SE 1/4 a distance of 171 fact,more or less,
V A—0 2—9 9 to the westerly rlht-of-wayy line of BE 2nd avenue:thence
run north along lno wasterly dght-ctf way lino a distance of
294 fact,thence run west pool to the south line of said N
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAI/20ti6NWI/4pooftheSint Er I/409°oset eat of the fl591 tt,
,More orline of said N 1/2 0l the NW 1/4 of the BE 1/4 a distance of
est
THE ISSUES 0 F 294 feat to the point of beginning.Said lands eltuale In
C ♦ 04/16♦ 1 X °AN ORDINANCE OF YHE CITY OF DANIA,FLORIDA
APPROVING THE 'BERNARD VILLAGE' PLAT, SUG(
PROPERTY BEING LOCATED IN THE CITY OF DANIA
AfFIAN7 FURTHER SAYS THAT THE SAID SUN—SENTINEL IWHICHISATTACHEDTOTHISORDINANCEXHIBIT 'ACCEPTING
NEWSPAPER PUBLISHED IN SAID BROWARD/PALM E EACH IDA OTHE DEDICATION FOR PUBLIC USE OF ALL STREETS
HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF
COUNTY♦ FLOR IDA♦ AND THAT THE SAID NEWSPAPER HAS FFURTHER PROOQVqIIDNGPFOR PROVIDING
EFFECTIVEEDATTETM
EEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM EEtlPL-15ward Pleek(AICby
P,sCfavenfTI I orynpItap .° I
repro-
COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED A;senting Thomas T.Coon,President,Coon Holdings,Inc.
for the development of a warehouse located north of Eller
CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALEBeach Flo ea iobeknownasthe'CoonHoldAvenue,
n s Plali
BROWARD COUNTY, FLORIDA♦ FOR A PERIOD OF ONE YEAR APPROVING ORDINANCE HOLDINGS'PIATPOSUCH
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED C(PROPERTY BEING LOCATED IN THE CITY 00 DANIA
AND LEGALLY DESCRIBED IN EXHIBIT'A'.A COPY OF
ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT HE/S H THE1CDEIDICATION FOR PUBLIC USIE OF ALL STREETS
NEITHER PAID NOR PROMISED ANY PERSON♦ FIRM OR COR FHIGHWAYS ANDALLEYS ASSHOWN ON SUCH PLAT Of
FURTTHER. PROVIDING FOR
DATE. ,
ANY DISCOUNT♦ REBATE♦ COMMISSION CR REFUND FOR THE That portion of the out halt(E1/2)of the southeast
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN cootnwesst ua4�e°lt the 1/4)of lion wenty-three(23e
townshlp fifty IS Of south, range forty-Iwo V2) east,
NEWSPAPER. BrowarE Counh,F art described as follows: eginning
all a paint one�unored{hlnY coo((l92)feel north of the
caulheazt corner of Iha east hall(E of the southeast
quanor(SE 1/4)of the twrglwesl VVu at(NW 1/4)of the
southwest(SW 1/41 of Secllon 23,lownshlg 50 south.
range 42 oast lot I ppint of b¢ginning, thence north
• •••• ••••• ••'•••' (along the east lino o1687o northwest quarter of the South-
we•GN ATURE OF AFFIANT)` west quay crt onehundred lilty(1§0)leet(to the southeast
corder cl CBI Piet No.2' accardm9 to the plat thereof,as
recorded In let�ooYook 16r2,pa a 12,of the ublic records
line of sald C.B 6 Plai N0.2)1 Tnheocoo South,Ilong said last
SWORN TO AND SUBSCRIBED BEFORE ME desodbea west Iine11 one hundred fifty(15�)feet;thence
east three hundred alirty 1330)feet to a point of beginning.
THIS 16 DAY OF AP R I L Said lands situate In lM Cltyy of Dula,Broward County,
Florida.and containing 49,693 square feel, 1.141 acres
A.D. 1999 more or less.
Copies of the proposed petitions are available for view-
.:•JsxYY. Ina Ia the Growth Management . ptartmab. we West
• .. ..... Oa
Ms Beach Blvd., Dania Brach. Florida between the
.... .... hours parties may
and 4:00 t the Monday- ring Inter-
(S I G N A T U R E O F heard parties they e 0 Ins et the public hearing and be
heard withoor respect to the proposed pau0on.
In ns heading
with the Amer Cane Wlih OUabglof t ese
op^'S:A$State f Fl persons neodmg assistance to He Ji ale, n en of these
N;. /, „ik:-SIO10 of Ftootld nnroceodings should contact Meoa Jabalee,Clty Clerk.100
W.Dante Beach Blvd,Dania Beach,FL 33004,(954)921-
My C I00 Explros Jul 24,2000 8700 ext. 202, at least 72 hours dor to meeting.
C sfdnNCC j7 jjY7 AnypefsonwhodecldesloeppaaPany decision made by
the City Commission with regarE to any matter considered
_ .... at this meeting or hearing will need a record of the pro-
• • •••..�-• ceedings,and tar such purpose may need to ensure that a
(NAME OF NOTAR• / •ED OR STAMPED) Includes record
the
and avdings Is made
which
l000rd
testimony P ap-
peal Is to be based.
PERSONALLY KNOWN Lou Ann Cunningham
. ....•.. . . O R Planning Technlaen/AdminislralivC Asst.
April 16,g1H9
PRODUCED IDENTIFICATION . .. . . . .. .... . ....