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HomeMy WebLinkAboutO-2003-026 Forest View estates plat ORDINANCE NO. 2003- 026 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "THE FOREST VIEW ESTATES PLAT", SUCH PROPERTY BEING GENERALLY LOCATED EAST OF SW 35TH TERRACE AND WEST OF SW 35TH AVE. ALONG STIRLING ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "THE FOREST VIEW ESTATES PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat of "FOREST VIEW ESTATES PLAT' (PL-13-03), an Ordinance of the City Of Dania Beach, Florida, approving the "Forest View Estates Plat" plat, such property being generally located east of SW 35th Terrace and West of SW 351h Ave. along Stirling Road, in the City Of Dania Beach and legally described in exhibit "A", a copy of . which is attached to this ordinance; is hereby accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat of "Forest View Estates Plat" plat, is accepted by the City of Dania Beach, Florida. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. That this ordinance shall take effect immediately at its time of passage. PASSED and ADOPTED on first reading on the 24th day of June, 2003. PASSED and ADOPTED on second and final reading on the 8th day of July, 2003. OB ANTON MAYOR - COMMISSIONER 1 Ordinance No.2003-026 ATTEST: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES CH RLENE JO N ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR MCELYEA -YES MAYOR ANTON - YES APPROVED AS T F M AND CORRECTNESS: BY: THO AS J.1-ANSBRO CITY ATTORNEY • 2 Ordinance No.2003-026 • EXHIBIT "A" LEGAL DESCRIPTION The East '/2 of the West '/2 of Tract 1 (a/k/a Lot 1), Block 3, of Section 31, Township 50 South, Range 42 East, according to the Plat thereof as recorded in Plat Book 2, at Page 32, of the Public Records of Miami-Dade County Florida; less that portion thereof lying within 53.00 feet of the South line of said section 31, Township 50 South, Range 42 East, according to the plat thereof as recorded in Plat Book 2, at Page 32, of the public records of Miami-Dade County Florida, said lands situate, lying and being in Broward County Florida. • • 3 Ordinance No.2003-026 w erwc:n GNvwTfi IYIANAGEAI DEPT. ING N AND ZONIN I 100 W.DANIA B VD. f°f DANIA,FL 3301�` PETITION FOR PLAT APPROVAL • DATE: 2-28-03 PETITION PL- o® TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY COMMISSION, A PLAT APPROVAL OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY: Sterling, LLC, A Florida Limited Liability PETITIONER: Company By, Global Development, LLc LEGAL DESCRIPTION OF SUBJECT PROPERTY.(FOLIO#) # 50-4231-01-040o See Attached Warranty Deed For Legal Description GENERAL LOCATION OF SUBJECT PROPERTY: Just West of SW 35th Ave. on Stirling Rd PRESENT ZONING: RM-5 REASONS&JUSTIFICATION FOR REQUESTED PLATTING: We are filing this Petition for Plat Approval for the purpose of developing a proposed twelve (12) unit residential project. NOTE: ALL SIGNATURES DUST BE NOTARIZED BY ORDER OF DANIA H CITY COk'�WBSISSION Swornto and subscribed before me Signatu f Petitioner D niel Sawicki this Z-i '61 dayof FE 1. � boo� k'Rl� G44�7 2 NE 207th Stree , Ste. 101 Notary Public State of(t L.m 2 i p N ) tura Florida Printed Name of Notary t Address,City State&Zip ALFitFoo Q,42ALE2 Commission E)Vres V zt o 4- Seal: e.N Ao.ao aa,l.: Telephone Number ;+../ExOmAvid25,2W4 This Is to certify that I am the owner of subject lands described above In the PETITION FOR PLAT APPROVAL and that I have authorized to make and file the aforesaid PETITION FOR PLAT APPROVAL. Sworn to and subscribed before me Signature of Petitioner this day of 19 Notary Public State of( ) Printed Name of Notary Street Address, City State&Zip Commission E-Vres Seal: Telephone Number (FEE AND CHECKLIST INFORMATION) FI&q Fee: $165.00 for the first acre or fraction thereof,plus$27.50 per acre far each additional or fraction The faft:Ang meat be butudad wM Appiftedon: soole!Sovoy' Copy of riot R©Immtl ftwonw • Minimum D®R2jOt of$5,000.00 reguired AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: JULY 8,2003 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING—PL-13-03—"FOREST VIEW ESTATES PLAT" 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING 4. SUMMARY EXPLANATION & BACKGROUND: Preliminary plat approval request by Sterling LLC., a Florida Limited Liability Company by, Global Development, LLC.,for property located on the north side of Stirling Road, west of SW 35�' Avenue and east of Synagogue B' Nai Sephardim Shaare Shalom, Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Plat Application Public Hearing Notice/Mailing List • Location Map Plat 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval of this request at their May 21,2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date June 10, 2003 Growth Management Department City Manager Date • CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: July 8, 2003 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Church, AICP, Principal Planner SUBJECT: PL-13-03: Request by Sterling, LLC. a Florida Limited Liability Company by, Global Development, LLC., for a preliminary plat for the property located on the north side of Stirling Road, west of SW 35th Avenue and east of Synagogue B' Mai Sephardim Shaare Shalom. (Second Reading) The subject property is currently vacant. The property is located in a RM-5 zoning ® district and has a land use designation of Low 5 Residential (Maximum 5 dwelling units per acre). In order to develop the subject property in accordance with the approved zoning the developer is required to file what is known as a "perimeter plat" (similar to a boundary survey) of the property. Broward County, as part of its plat review: a) Evaluates the needs of the proposed development in terms of potable water, sanitary sewer, and schools. b) Collects impact fees for public schools, county parks, and county mass transit. c) May require the construction of off-site road improvements to mitigate the impact of the project. The City of Dania Beach, as part of its plat review, requires a person platting land for residential purposes to dedicate public land for parks to meet the needs created by their development. The fee shall be based upon the formula identified in Chapter 19 (Article IV) of the City Code. . In this instance, the formula requires the applicant to dedicate 0.108 acres of public open space. Due to the small size of the required dedication staff recommends the applicant pay a local park impact fee based on the 0.108 acre park dedication, which is equal to approximately 4.5 % of the subject property. The local park impact fee is based on the appraised value of the total site multiplied ® by the percentage of site required to be dedicated for local parks. The City Code provides three alternative methods for determining "fair market value": a) The City Commission may hire an appraiser to determine the fair market value of the dedicated parcel. b) The developer obtains his own appraisal, which appraisal may be accepted by the city commission if found reasonable. c) The City Commission and developer may agree as to the fair market value. Applicant's appraisal values the property at $780,000.00 ($325,000.00 per acre). Based on this appraisal, payment in lieu of dedication would be $35,100.00. STAFF RECOMMENDATION Approval, subject to payment of park impact fee prior to issuance of any construction permits. ® CITY COMMISSION PREVIOUS ACTION On June 24, 2003 this item was heard by the City Commission, and was passed on first reading. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH • NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on July 8, 2003 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following requests: Request by Sterling, LLC, A Florida Limited Liability Company on behalf of Global Development, LLC for property generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling Road in the City of Dania Beach, Florida for the following: PL-13-03: Request for Preliminary Plat approval of the "Forest View Estates" Plat. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "THE FOREST VIEW ESTATES PLAT", SUCH PROPERTY BEING GENERALLY LOCATED EAST OF SW 35TH TERRACE AND WEST OF SW 35TH AVE. ALONG STIRLING ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF "THE FOREST VIEW ESTATES PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (2"d Reading Ordinance) Exhibit A—Land Description: • The Easy/ of the West Y2 of Tract 1 (a/k/a Lot 1), Block 3, of Section 31, Township 50 South, Range 42 East, according to the Plat thereof as recorded in Plat Book 2, at Page 32, of the Public Records of Miami-Dade County Florida; less that portion thereof lying within 53.00 feet of the South line of said section 31, Township 50 South, Range 42 East, according to the plat thereof as recorded in Plat Book 2, at Page 32, of the public records of Miami-Dade County Florida, said lands situate, lying and being in Broward County Florida. Copies of the proposed petition are available for viewing in the Growth Management Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, and (954) 924-3630, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate •' Publish — Friday, June 27, 2003 c NOTICE OFF The East YhYof the West Y% )`PUBLIC;HEARING ofytTract LOY"�4), CITY OF DANIA BEACH=wF Block.,3wt"o`f}Sectian3 NOTICE I$�`HEREBYa�IVEN Township.50 South_Range that,�a" ubhcfheanng=will 933East'according£to`3ttie be'•.hel�before the Dania I?Iattheredf as recorded iiTI Beach CityC6inmisston'663 Plat Bookr2 at Page".-32 of Juty`s,'8"2003?aEt7 00'pm; the Public Reeordsyofiia M Or as soon gthereafte�z:as riii Dade 'CountyFlondaj possible m'the Crty Comp' less that portion thgredf m�ssionERoom Adm�ni's' lyi,ngwrthin;5300ifeet.,o: tratiye Center fi 100 Wgs, the South line of saitl?ikl Dania zBeaeh Bivd $Dania. ti.on 31 4Townstiipri 5D 8each 1 Igr da 33004 for S,duth Range a2 East ac the`purpose s'of hearing- cording to t,a plat thereof. . any, comments] wfileh as recorded.in Plat Bd0 k2 migltstie"matle to the foi„ at;Page 32 'of the puhhc . loin�ing requests �� recor sus of Mlaml Oade ' Request byySt'erhnTLLC County Flonda�said lands A Florida Limited Liability situate lying and being in Company ontiehalfof,Glo, Broward,CduntyFloridar balDevelopment LLC'far; Copies+ he,propose property:,generally locat geptwn are available°4f0' ed east;of SW35th Terrace viewing- m, the Growth 'anduwest ofSW 35thsAve= Managementr�Depart= niie.along Stirling Road,in ment 100%;West bDania' the=SCity of'Dama,Beach Beach Blvd;`.'Dama Beach, FloridaJr,the'foilowi Florda between the:hours PL`;;13 03 Request fonPre. ofs,8 00 a m:and 4 00 p'm f, Ifminary Plat approval off, Mdndayi Friday Interest` the"Forest View Estates ;ed,parties:may appear at IPlati the public heanng andzbe; ANI;M' ANCE OF .THE heard with respect to ttie'. fCtTY.iOF DANIA°FLORIOA proposed petition APPROVING`",THE FOREST IW4 accordanceftwith tthe ;VIEWS",ESTATES �j;PL:AT; AOer!cans:Will iDisabil SUCH 'PROPERTY BEING ties A4 ersons needing; GENERALLY LOCATED assistance�to participate EAST OF 5W�35TH TER n;any�ofa tFiese tproceed S WESTF i aRACE AND hldq, h ST{R JohnnSTH AVE dLCy -; Clerk", LING'ROAD;INZtHE�,CITY 100 W Dania Beech;elvd' OF3DANIA BEACH AND TE Dania Beach FL 33004k GAILY DESCRIBED INDEX arld (954) 924n3630tsat HIBIT ' A nt."Ai COPYgF least,48 hours priorto WHICH IS AT,TACHED,`�.T.O meeting ' . f"-n� i THIS,i`ORDiNANCE t AC` ;An°y parsonjwho dec(d"es CEP,T.INGJHEtDEDICATION to N appeal.„any'b6dlsl6n FOR:PUBLIC;�l1SE OF�ALL� made by the;City CorrimiS:" STREETS HIGHWAYS,AND lion with regard to any. 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