HomeMy WebLinkAboutR-2018-146 City Approving The Plat Note Amendment Delegation Request (DR-71-18) Application Submitted By Richard Rosa, Esq. On Behalf Of Owner Elliot L. Miller For Property At 3201 Griffin Road RESOLUTION NO. 2018-146
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE PLAT NOTE AMENDMENT
DELEGATION REQUEST (DR-71-18) APPLICATION SUBMITTED BY
RICHARD ROSA, ESQUIRE WITH RICHARD N. ROSA, P.A., ON BEHALF
OF THE PROPERTY OWNER ELLIOT L. MILLER FOR PROPERTY
LOCATED AT 3201 GRIFFIN ROAD IN THE CITY OF DANIA BEACH,
FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Richard Rosa, Esq. with Richard N. Rosa, P.A., on behalf of Elliot L.
Miller ("Applicant"), is requesting approval of a plat note amendment delegation request for the
property located at 3201 Griffin Road within the City of Dania Beach, Florida (the "City"), as
such property is legally described in Exhibit"A"; and
WHEREAS, the City Code of Ordinances, Chapter 28 "Land Development Code" (the
"LDC"), Part 6 "Development Review Procedures and Requirements", Article 640 "Plats",
Section 640-70 "Amendment of plat" states that subsequent to City Commission approval of a
plat,the plat may be amended by the City Commission; and
WHEREAS, the Applicant is requesting approval of a plat note amendment delegation
request to amend the Ashley Center Plat ("Plat"), recorded in Plat Book 129, Page 36 of the
Public Records of Broward County, Florida, as described in Exhibit `B" (the "Plat Note
Amendment") (DR-71-18) to remove the surveyor-note restricting Parcel B solely to office use
and to allow for use in conformance with the City of Dania Beach's LDC, Community Business
zoning district(C-2) as to Parcel `B" of the Plat; and
WHEREAS, Broward County requires the City concur with the proposed revision prior
to review by the Broward County Commission; and
WHEREAS, staff recommended approval of the requested application in the staff report
dated September 25, 2018; and
WHEREAS, the City Commission conducted a duly noticed public hearing in
accordance with Article 610 of the LDC; and
WHEREAS, the City Commission finds that the approval of the Plat Note Amendment
Delegation Request(DR-71-18)will protect the 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 they are made a specific part of this Resolution.
Section 2. Pursuant to Chapter 28, "Land Development Code," Part 6 "Development
Review Procedures and Requirements," Article 640 "Plats," Section 640-70 "Amendment of
plat," the Plat Note Amendment Delegation Request (DR-71-18), as provided in the attached
Exhibit "B", a copy of which is made a part of and incorporated into this Resolution by this
reference is hereby approved.
Section 3. That the 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 the issuance of the
permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations
imposed by a state or federal agency, or undertakes actions that result in a violation of state or
federal law.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 25, 2018.
ATTEST: `A
THOMAS SCHNEIDER, CMC TAMARA JAM
CITY CLERK `'► MAYOR
HEO ti
APPROVED AS O F RM AND CORRECTNESS:
r
THOMAJ J. SPIZO
CITY ATTO E
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCELS A and B, ASHLEY CENTER, ACCORDING TO THE PLAT THEREOF, AS
RECORDED 1N PLAT BOOK 129, PAGE(s) 36 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
TOGETHER WITH:
The South 120.0 feet as measured at right angles of Lots 18 and 19, in Block 2, of CANAL
GROVES, according to the Plat thereof, recorded in Plat Book 22, Page 31, of the Public
Records of Broward County, Florida; less the right-of-way for Griffin Road.
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EXHIBIT`B"
ASHLEY CENTER PLAT
PLAT NOTE AMENDMENT
FROM: Parcel B is restricted to 18,500 square feet of office use;
TO: Parcel B shall allow for uses in conformance with the City of Dania Beach Zoning Code
under section C-2 of the Commercial Zoning District and more specifically, to permit a
Day-Care center to open and operate.
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