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HomeMy WebLinkAboutR-2014-124 Approved request for assignment of flex acreage by Samuel Edward Gumbel & Laura Marie Gumbel and Sara Diane Favarato & Robert C. Favarato for property at NW corner of Griffin Rd & SW 29 Terr RESOLUTION NO. 2014-124 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR ASSIGNMENT OF FLEX ACREAGE SUBMITTED BY SCOTT BACKMAN, ESQUIRE, REPRESENTING PROPERTY OWNERS SAMUEL EDWARD GUMBEL AND LAURA MARIE GUMBEL,TRUSTEES OF THE GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18,1998, AND SARA DIANE FAVARATO AND ROBERT C.FAVARATO,TRUSTEES OF THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST DATED DECEMBER 17,2012,FOR PROPERTY GENERALLY LOCATED ON SW 29 TERRACE(NW CORNER OF GRIFFIN ROAD AND SW 29 TERRACE), IN THE CITY OF DANIA BEACH;FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Future Land Use Plan allows retail/commercial uses on property with Residential Land Use designation provided the total area of the use does not consume more than five percent(5%)of the residential land designated on the Future Broward County Land Use Plan Map within a flexibility zone; and WHEREAS,Scott Backman,Esquire representing Samuel Edward Gumbel and Laura Marie Gumbel,Trustees of the Gumbel Revocable Family Trust,and Robert C Favarato and Sarah Diane Favarato as Trustees under the Robert C. Favarato and Sarah Diane Favarato Living Trust, (the "Applicants")has applied for the assignment of 1.0862 acres of residential to commercial pursuant to a Land Use flex request (LUF-70-14) to allow the construction of a retail development within the Low-Medium Residential Land Use designation, for property generally located on SW 29 Terrace (NW corner of Griffin Road and SW 29 Terrace), in Dania Beach, Florida, legally described in Exhibit"A"; and WHEREAS, the City Planning & Zoning Advisory Board sitting as the Local Planning Agency,held a duly advertised public hearing on August 20,2014 and recommended approval of the Land Use Flex request; and WHEREAS, the City Commission finds that the approval of the proposed Land Use Flex request will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives and policies of the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. The foregoing"WHEREAS"clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the application for the Land Use Flex request (LUF-70-14), for the assignment of 1.0862 acres of commercial flex for the Property generally located on SW 29 Terrace (NW Corner of Griffin Road and SW 29 Terrace),in the City of Dania Beach,as legally described in Exhibit"A", is approved. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on December 9, 2014. ATTEST: ,s LOUISE STILSON, CMC A. SALVINO, SR. CITY CLERK MAYOR ATE 1g" APPROVED AS Tjo FORM ND CORRECTNESS: TI-1 SJANSBRO CITY ATTORNEY 2 RESOLUTION#2014-124 EXHIBIT "A" LEGAL DESCRIPTION ALL OF THE WEST HALF(W%)OF TRACT 14,EXCEPT THE NORTH 972.7 FEET OF SAID WEST HALF (W 1/2) OF SAID TRACT 14, BLOCK 3, SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST,LESS AND EXCEPT THAT PART THEREOF DESCRIBED AS PARCEL NO. 23-W,IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 10262,PAGE 612, OF THE PIBLIC RECORDS OF BROWARD COUNTY, FLORIDA SAID LANDS SITUATE,LYING AND BEING IN THE CITY OF DANIA BEACH,BROWARD COUNTY, FLORIDA. 3 RESOLUTION#2014-124