HomeMy WebLinkAboutO-2014-018 Florida Park Plat (PL-075-14) ORDINANCE NO. 2014-018
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PULICE LAND
SURVEYORS, INC., AGENT ON BEHALF OF THE PROPERTY OWNERS,
LAWRENCE TURNER, JR., AND ROBERTA BACKUS TURNER, FOR THE
"FLORIDA PARK PLAT" (PL-075-14), FOR PROPERTY GENERALLY
LOCATED EAST OF S.E. 5TH AVENUE, WEST OF GULFSTREAM ROAD
AND SOUTH OF EAST DANIA BEACH 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,the "Land Development Code" (the"LDC"), Part 6,
"Development Review Procedures And Requirements", Article 640, "Plats" of the City Code of
Ordinances (the "City Code"), Pulice Land Surveyors, Inc. agent on behalf of the property
owners Lawrence Turner, Jr., and Roberta Backus Turner (the "Applicant") has applied to the
City of Dania Beach (the "City"), for approval of a plat, 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 October 14, 2014, 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 the 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 City's Comprehensive Plan;
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. Recitals. That the foregoing"Whereas" clauses are ratified and confirmed
as being true and correct and are made a part of and is incorporated into this Ordinance by this
reference.
Section 2. Approval of the Plat. That the "Florida Park Plat" (PL-075-14), for
property generally located east of S.E. 5t' Avenue, west of Gulfstream Road and south of East
Dania Beach Boulevard in the City of Dania Beach, Florida, as legally described in Exhibit "A",
which is made a part of and is incorporated into this Ordinance by this reference, is accepted and
approved. The Applicant is Pulice Land Surveyors, Inc., agent, on behalf of the property owners,
Lawrence Turner, Jr., and Roberta Backus Turner. 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. Plat Restrictions. That the plat is restricted to 230 high rise units and
associated parking and no free standing or drive-through bank facilities are permitted without the
approval of the Broward County Commission.
Section 4. Conditions. That 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 5. 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 6. 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 7. Effective Date. That this Ordinance shall take effect immediately at the
time of its passage and adoption.
PASSED on first reading on November 18, 2014.
PASSED AND ADOPTED on second reading on December 9, 2014.
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ATTEST: �p S F1
LOUISE STILSON, CMC MAK LVINO, SR.
CITY CLERK NWOR
APPROVED AS TO FORA,I AND CORRECTNESS:
THOMA J. ANSWW
CITY ATTORNF�Y
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PART OF THE EAST HALF (E 1/2) OF THE NORTHWEST QUARTER (NW 1/a)
OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF
SECTION 35, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING SOUTH OF SOUTH
RIGHT-OF-WAY LINE OF STATE ROAD AIA, (ALSO KNOWN AS EAST DANIA BEACH
BOULEVARD) LESS THE EAST 110 FEET OF THE NORTH 250 FEET OF THE SAID
PARCEL LYING SOUTH OF SAID RIGHT-OF-WAY.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA AND CONTAINING 180081 SQUARE FEET (4.1341
ACRES).
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