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(
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