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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. 2 ORDINANCE#2014-018 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 3 ORDINANCE#2014-018 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). 4 ORDINANCE#2014-018 II f-T..... _ 4 ` tk � � a I � I I I OWN now All i ea era®M= yj i :ofill lid 5 ORDINANCE#2014-018 t , pill w ; r in- .11 aim PT V 1 �fPfl lbPiM �. - � , - i I , I � PA I ORDINANCE#2014-018