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HomeMy WebLinkAboutR-2008-014 Harbour Towne Rescind DRI RESOLUTION NO. 2008-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO SECTION 380.115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Howson Park Development of Regional lmpaWaka Harbour Towne Marion was originally approved by Resolution No. 393, and subsequently amended by Resolution No. 389 (Much 24, 1981), No. 63 (November 15, 1983) and 13-85 (May 28, 1985); and WHEREAS, the Houston Pak Development of Regional Impact is a manna development generally located on the Dania Cut-Oil Chad, aid more specifically located at the property legally described on atached "Exhibit A'; and WHEREAS, the Florida Legislature in 2006 enacted amendments to fe Development of Regional Impact (DRE statute including section 380.06(24)(k), Florida Shares. that exempts all water pore and marina development from the requirements of the marine, and WHEREAS, the Florida Legislature father provided at section 380.115(1)(b), Florida Statutes, that a local government shall rescind a DRI development order regulating such development upun respond of die landowner or developer and upon a showing that all required mitigation related re the amount if development existing on the date of rescission has been completed; and WHEREAS, Harbour Towne Marine, the uwacr and operator of the Houston Pak Development of Regional Impact, has requested fat fire City of Dania Beach rescind the DRI development orders regulating the Houston Park Development of Regional Import pursuant to the aforementioned smtute; mid WHEREAS, Harbour Towne Marlin has submitted information regarding the completion of all required mitigation related to the amount of development in the DRI at the date of this Resolution and City staff has reviewed such information; and WHEREAS, the City Commission has considered the request and information by Harbour Towne Marina and the recommendation of Its staff at a duly noticed public meeting; and WHEREAS, rise City Commission finds Nar this Resolution is necessary for the preservation of the public heullh, safety and welfare of the City's residents; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA; Section 1. That the above recitals are true and correct and are incorporated in this Resolution by this reference. Section S. Thin me City Commission finds that all raryired mitigation related or, the amount of development in the Houston Park Development of Regional lntpac✓aka llarbenr Tuwne Marina has been satisfied as of the date of adoption of this Resolution and that the Houston Park Development of Regional Impact development order is reminded. Section 3. net all rosolutions or parts of parts of resolutions in conflict Willi the provisions of this Resolution arc repealed. Section That this Resolution shall take effect hamediaely at Nc time of its Passage and adoption. PASSED AND ADOPTED on January 22, 2008, 2 RlSULUTIt1N :200&0 14 R R ANION MAYOR-COMMISSIONER ATTEST: 1 � 0o LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F CORRRC INESS: BY _ HO S SRRO CITY AI I ORNEY 3 RLWILTION 12N"14 EXHIBIT "A" LEGAL DESCRIPTION PARCELS A AND B OF IIARBOUR TOWNE MARINA, ACCORDING '10 THE PLAT THEREOF AS RECORDED IN PLAT BOOK 118, PAGE 34, OF I HE PUBLIC RECORDS OF BROWARD COUNTY. TOGFIHER WITH: A PARCEL OF LAND LYING N SECTION 35, TOWNSIIIP 50 SOUTH, RANGE 42 EAST, MORE PARTICULARLY DFSCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35, THENCE RUN DOE SOUTH ALONG THB WESI LINE OF SAID SEC'HON FOR 1291,28 FEET; THENCE RIN NORTH 89'18'49" EAST ALONG THE NORTH LINE OF SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 35 FOR 1331.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORM LINE NORTH 89'18'49" EAS I FOR ]5]% FEET; THEN RUN SOUTH W'61'24" WEST ALONG A LINE PARALLEL '10 THF. EAST LINE OF THE WES'1"A OP THE SE Y OF THE NW Y. OF SAID SECTION 35 FOR 672.93 FEET; THENCE RUN SOUTH 89'14'20' WEST' ALONG A ENE PARALLEL TO AND 30.W FEET SOUTH OF THE SOUTH LINE OF THF NW 'A OF 1'HE SE Y, OF IRE NW Y, OF SAID SECTION 35 FOR 932.68 FEET, THEN RUN NORTH W'06'35" EAST FOR 30.00 FEET; THEN RUN SOIIFH 89'14'20" WEST FOR 5.W FEET: THEN RL.N NORTH 00'05'55" FOR 427.87 FEET; THEN RIN SOUTH 89'I8'49" WEST FOR 211.W FEET'; IFIFNCE RUN NORTH 00'05'55" EAST ALONG THE WEST LINE OF THE EAST i OF THE NW 'A OF SAID SEC❑ON 35 FOR 216.02 FEET TO THE POBJT OF BEGINNUNG; LESS ALI. CANAL RIGHT OF WAY. THE ABOVE DESCRIBED PARCEL OF LAND SIR ATE, LYING AND BEING IN THE CITY OF DANL� BROWARD COON I'Y, FLORIDA CONTAINS 11.50 ACRES INCLLSIVE OF DANIA CITT-OFF CANAL MORE OR LESS SIIB3ECT IO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD. 4 JH"MT10Nb2W8Al4