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HomeMy WebLinkAboutR-2023-146 (PL021-23) Approving Imeca Dania Beach Plat for 501 Stirling Road, LLCRESOLUTION NO.2023-1 qk-P A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "IMECA DANIA BEACH" PLAT (PL- 21-23), SUBMITTED BY THE OWNER, 501 STIRLING ROAD LLC, FOR PROPERTIES GENERALLY LOCATED AT 501 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED AND INCORPORATED BY REFERENCE INTO THIS RESOLUTION; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28 of the Code of Ordinances of the City of Dania Beach (the "Code"), which chapter contains the City's Land Development Code (the "LDC"), at Part 6, entitled "Development Review Procedures and Requirements", at Article 640 entitled "Plats", it is a requirement for lots after June 4, 1953, that 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, 501 Stirling Road LLC (the "Applicant"), is requesting plat approval (PL- 21-23) for property located at 501 Stirling Road, in the City of Dania Beach, as legally described in Exhibit "A", a copy of which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the Applicant is requesting approval of the proposed "Imeca Dania Beach Plat" (PL-21-23) to permit the future development of the subject property pursuant to and consistent with the attached plat as identified in Exhibit `B", which is made a part of and incorporated into this Resolution by this reference; and WHEREAS, the "Imeca Dania Beach Plat" (PL-21-23), is restricted to 10,000 commercial use building; 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 proposed "Imeca Dania Beach Plat" (PL-21-23) is consistent with the City's Land Development Code and 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 "Land Development Code," Part 6 "Development Review Procedures and Requirements," Article 640 "Plats", the following Plat (PL- 21-23), attached as Exhibit `B," is approved with the following condition: Broward County approval is required. (Engineering) Section 3. That pursuant to Chapter 28, Part 6 of the LDC, 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 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 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 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on k) r , 2023. Motion by0c"M 11XV Samar , second by - nnn) 66cnei THIS SPACE INTENTIONALLY LEFT BLANK 2 RESOLUTION #2023- r FINAL VOTE ON ADOPTION: Commissioner Joyce L. Davis Commissioner Tamara James Commissioner Marco Salvino Vice Mayor Lori Lewellen Mayor Archibald J. Ryan IV ATTEST: ELORA F CITY CLERK APPROVED AS TO FORM AND CO E E A. B UTSIS IT ATTORNEY MAYOR RYAN IV 3 RESOLUTION #2023- EXHIBIT A LEGAL DESCRIPTION THE EAST 60.00 FEET OF THE WEST 120.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID EAST 60.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3; THENCE NORTH 87052'07" EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 60.00 FEET; THENCE SOUTH 01°16' 14" EAST, ALONG THE EAST LINE OF THE SAID EAST 60.00 FEET, A DISTANCE OF 18.97 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01011'32" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00026'49" AN ARC DISTANCE OF 60.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 60.00 FEET; THENCE NORTH 01016' 14" WEST ALONG THE SAID WEST LINE A DISTANCE OF 17.76 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE EAST 40.00 FEET OF THE WEST 160.00 FEET OF THE NORTH 160.00 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 'A OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SAID EAST 40.00 FEET, AND A LINE THAT LIES 35.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 3, THENCE NORTH 87052'07" EAST ON AN ASSUMED BEARING ALONG THE SAID PARALLEL LINE A DISTANCE OF 40.00 FEET TO THE EAST LINE OF THE SAID EAST 40.00 FEET; THENCE SOUTH 0I'l6' 14" EAST ALONG THE SAID EAST LINE A DISTANCE OF 19.53 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 7689.44 FEET, A RADIAL TO SAID POINT BEARS SOUTH 01°29'25" EAST; THENCE WESTERLY ALONG SAID 4 RESOLUTION #2023- kq tV CURVE THROUGH A CENTRAL ANGLE OF 00017'53" AN ARC DISTANCE OF 40.00 FEET TO THE SAID WEST LINE OF THE SAID EAST 40.00 FEET; THENCE NORTH 01016' 14" WEST ALONG SAID WEST LINE A DISTANCE OF 18.97 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 185.00 FEET OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHWEST '/4 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA LESS THE WEST 160.00 FEET; LESS THE NORTH 35.00 FEET AND LESS THE EAST 30.00 FEET THEREOF; SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT 35.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHWEST'/4 OF SAID SECTION 3, AND 30.00 FEET WEST OF THE EAST LINE OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 3; THENCE RUN SOUTH 00053'00" WEST PARALLEL TO THE EAST LINE OF THE NORTHWEST '/4 IF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 3 FOR 150.00 FEET TO A POINT; THENCE RUN WEST PARALLEL TO THE NORTH LINE OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/a OF THE NORTHWEST '/4 OF SAID SECTION 3 FOR 147.18 FEET TO A POINT; THENCE RUN NORTH 00049'34" EAST PARALLEL TO THE WEST LINE OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/a OF THE NORTHWEST '/4 OF SAID SECTION 3 FOR 150.00 FEET TO POINT; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHWEST '/4 OF SAID SECTION 3 FOR 147.33 FEET TO THE POINT OF BEGINNING. LESS AND EXPECT PROPERTY CONVEYED TO BROWARD COUNTY BY WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 9270, PAGES 339 AND 343, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 5 RESOLUTION #2023-J- V p LL M U*) + C N CC Q F- m o V a0 G �N 00CD �� 41 O Z o Ln Cl en �~ O r1iO O LU .� D O2 > U 0 0 m U QJ O .+O OMMO Q '- (Y -0 JQ v _J LL CD O N Q a-'Lr) W a--' a-w V in- d� ���--, Q,1 ��}' Q O a c voi O Q Ln �n o N .27 L 04 J w U O UL o Sro N Sthy 5 S Sthy 5 LLUJ Ln � _any any ;sea -' "Park,Avemue 3 .. any m Y 7ST MN anuany Ved East je N=• SW lSt Ave u. z o it SLn SW v 15t.Ct *� liMb „ ` pa£MA ,ihl anVe y„ �• any `. any_ b 4ab,MN a^ £ MS M `) S^• A_ z, _, W W j ,• a^b z M oo �a70 °'w 4arn 9MN a iJ�4�SjMS Mo �.• �;, '"' ;� nb' 4r q o M a� O p2l saa r cu - ;ieM.ua ��� .�� a�b-4�� MS v, " '�"�' � '� � ' � i ' 4d p2l•uad , m 77 c m' S)Vv . h d IO i o a�b 4a$ Ave 'any 4Tii MS ' � m .�': MSS ,• � 30 •p �� ,a Wiz, » ` m r IOT U') � i (c m ca .ayI n any thlAverw ny ve puPoI, aSW12to 0o 0 SW 12th Aver"" a 4i£T,MN , SW 12th Ave . j n �z `l 12th Ave �' o,� c �^ w c 0 4ibi MN � Q) i�`41bt.MN SW 12th Ave € i U) m w u m a � "