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HomeMy WebLinkAboutR-2023-095 Approving Seaview Two Plat (PL096-21) Submitted By 801 East Dania Beach Blvd. LLCRESOLUTION NO. 2023- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "SEAVIEW TWO PLAT" (PL-096-21), SUBMITTED BY THE APPLICANT, 801 EAST DANIA BEACH BLVD, LLC, FOR PROPERTY LOCATED AT 801 EAST DANIA BEACH BOULEVARD, 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, pursuant to Chapter 28 of the Code of Ordinances ofthe City of Dania Beach (the "Code"), which chapter contains the City Land Development Code (the "LDC"), at Part 6, entitled "Development Review Procedures and Requirements", Article 640 "Plats", it is stated that since June 4, 1953, no principal building may be constructed on any lot unless a plat including the lot has been approved by both the City Commission and County Commission, and recorded in the official records of Broward County; and WHEREAS, 801 East Dania Beach Blvd, LLC (the "Applicant"), is requesting Plat approval (PL-096-21), for property bearing the address 801 East Dania Beach Boulevard, in the City of Dania Beach, as legally described in attached Exhibit "A" a copy of which is made a part of and is incorporated into this Resolution by this reference; and WHEREAS, the Applicant is requesting approval of the proposed "Seaview Two Plat" (PL- 096-21) to permit the future development of the subject property pursuant to and consistent with the attached plat provided as Exhibit `B" and WHEREAS, the "Seaview Two Plat" (PL-096-21), is restricted to 450 mid -rise residential units; and WHEREAS, the City's Development Review Committee (the "DRC"), which includes representatives from the Broward Sheriff's Office, Broward Fire Department, Public Services Department, the City's landscape consultant and the Planning Division staff, reviewed the plat for compliance with all applicable regulations; and WHEREAS, staff recommends approval of the plat for the proposed development; 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 (PL-096-21) 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. That the above "Whereas" clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That pursuant to Chapter 28, Part 6 of the LDC, Part 6, "Development Review Procedures and Requirements", Article 640, "Plats", the "Seaview Two Plat" (PL-096-21), attached as Exhibit `B", which is made a part of and incorporated into this Resolution by this reference is approved. Section 3. That pursuant to Chapter 28, Part 6 of the Land Development Code, Article 640, Section 640-80 entitled "Plat Expiration", the Plat approval shall automatically expire and become null and void in accordance with the timeline set forth in the Broward County Land Development Code. Section 4. That the approvals granted by this Resolution are subject to the Applicant's compliance with the following conditions: 1. During the Building and Right -of -Way (ROW) permitting process, if it is determined that there is a discrepancy between the NVAL on the plat and the site plan, then an amendment shall be required prior to the issuance of the Building and ROW permits. (Engineering) 2. The civil design shall be modified to be consistent with the plat limits at the time of Building and ROW permitting. (Engineering) 3. The proposed offsite drainage system within the Gulfstream Road ROW shall be completed per the agreement with the city at the owner's expense. (Engineering) 4. The Applicant shall provide the necessary drainage calculations demonstrating that the site will meet the criteria set forth in the City Code Section 27-227 at the time of Building and ROW permit submittal. (Engineering) 5. Additional comments may apply and will need to be addressed prior to the issuance of the Building and ROW permits. (Engineering) 6. Provide Broward County plat approval. (Engineering) 2 RESOLUTION #2023- `, Section 5. That the issuance of a development order 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 development order 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 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on 1'J 2023. Motion by C' C, f Y) . kjj i`i & , second by t .1fy-i `) , ADdA \A G FINAL VOTE ON ADOPTION: Commissioner Joyce Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ATTEST: t, ti. r ELORA RIE�'MI4C CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: E E//A. BOU SIS C$T�4' ATTO Y RESOLUTION #2023- CI EXHIBIT A LEGAL DESCRIPTION THE WEST ONE-HALF OF THE SOUTHWEST ONE-FOURTH OF THE NORTHEAST ONE-FOUTH OF THE SOUTHWEST ONE-FOURTH OF SECTION 35, TOWNSHIO 50 SOUTH, RANGE 42 EAST, LESS THE WEST 25 FEET THEREOF, AND LESS STATE ROAD AIA, AND LESS ANY EXISTING ROAD RIGHT-OF-WAY, ALL LYING AND BEING IN THE CITY OF DANIA BEACH, FLORIDA, CONTAINING 4.00 ACRES. 4 RESOLUTION #2023- )C( ■ - � � � gR �•y—y� 'g��y�,!Ism#'g � f £ g. r .? .o-n � y i i { 2 E � T > a y 1 y lk✓' h 4 S �