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HomeMy WebLinkAboutO-2004-028 Forest View plat (PL-41-04)ORDINANCE NO. 2004-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "THE FOREST VIEW ESTATES PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35 TH AVENUE, 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-41-04), an Ordinance of the City Of Dania Beach, Florida, approving the "Forest View Estates Plat" plat, such property being generally located at the northwest corner of Stirling Road and SW 35 th Avenue, in the City of Dania Beach and legally described in exhibit "A", a copy of which is attached to this ordinance, is hereby 40 ccepted 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 That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 14 th day of September, 2004. PASSED and ADOPTED on second and final reading on the 12 th day of October, 2004. CR MC tLYEK MAYOR - COMU'fS'SIONER ORDINANCE NO.2004-028 ATTEST: _a4, w --LOUISE-STILSON -CITl( CLERK ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - OUT OF ROOM MAYOR MCELYEA - YES APPROVED AS T F M AND CORRECTNESS: BY: THOI\AAS�J. A,' BRO CITY ATT6RNEY 0 0 ORDINANCE NO.2004-028 0 EXHIBIT "A" LEGAL DESCRIPTION THE WEST 1/20F THE EAST 1/20F LOT 1, BLOCK 3, LESS THE PORTION LYING WITHIN 53 FEET OF THE SOUTH LINE OF SECTION 31, TOWNSHIP 50 RANGE 42 AND THE EAST 1/2 OF THE EAST 1/2 OF LOT 1, BLOCK 3 OF "REED LAND COMPANY", PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. LESS THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE INTERSECTION OF A LINE 10.00 FEET WEST OF, AND PARALLEL WITH, THE EAST LINE OF THE SOUTHWEST ONE -QUARTER (SW %) OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AND WITH A LINE 10.00 FEET NORTH OF, AND PARALLEL WITH, THE SOUTH LINE OF SAID SECTION 31; THENCE ON AN ASSUMED BEARING OF SOUTH 87 47'36" WEST, ALONG SAID PARALLEL LINE, SAID LINE BEING FURTHER DESCRIBED AS THE NORTH RIGHT-OF- WAY LINE OF STIRLING ROAD, A DISTANCE OF 158.13 FEET; THENCE NORTH 00 58'20" EAST, ALONG THE EAST LINE OF THE WEST ONE-HALF (W 1/2) OF THE EAST ONE- HALF (E 1/2) OF SAID TRACT 1, A DISTANCE OF 43.07 FEET; THENCE NORTH 87 47,36" EAST, ALONG A LINE 53.00 FEET NORTH OF, AND PARALLEL WITH, THE SOUTH LINE OF SAID SECTION 31, A DISTANCE OF 114.74 FEET; THENCE NORTH 44 30'46" EAST, A jft DISTANCE OF 34.28 FEET; THENCE NORTH 01 13'55" EAST, ALONG A LINE 30.00 FEET WEST OF, AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST ONE- QUARTER(SW %) OF SAID SECTION 31, A DISTANCE OF 45.16 FEET; THENCE SOUTH 88 46'05" EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 01 13'55" WEST, ALONG A LINE 10.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHWEST ONE -QUARTER (SW %) OF SAID SECTION 31, A DISTANCE OF 110.58 FEET, TO THE POINT OF BEGINNING. LESS THE FOLLOWING LANDS CONVEYED BY DEED RECORDED IN OFFICIAL RECORDS BOOK 20186,PAGE 857, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF TRACT 1 OF BLOCK 3 OF SECTION 31, TOWHNSHIP 50 SOUTH, RANGE 42 EAST OF "PLAT OF SEC'S 28, 29, 31 AND 32, T50S, R42E", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AAT PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LYING WITHIN THE EAST 30 FEET OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 31, LESS THOSE LANDS CONDEMNED BY BROWARD COUNTY, FLORIDA IN CIVIL ACTION #80-11613. 0 TOGETHER WITH: THE EAST 1/2 OF THE WEST 1/2 OF LOT 1, BLOCK 3, "REED LAND COMPANY", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY FLORDIA, LESS THAT PORTION LYING WITHIN 53 FEET OF THE SOUTH LINE OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST. SAID LAND LYING IN BROWARD COUNTY, FLORIDA. ORDINANCE NO.2004-028 AGENDA REQUEST FORM CITY OF DANIA BEACH 0 AGENDA ITEM NO. 9*1 a 1. DATE OF COMMISSION MEETING: OCTOBER 12,2004 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — PL-41-04 — "FOREST VIEW ESTATES"PLAT. 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2 ID READING (CONTINUE FROM 9/28/04 HEARING) 4. SUMMARY EXPLANATION & BACKGROUND: Preliminary plat approval request by Sterling LLC., a Florida Limited Liabilit� Company on behalf of Global Development, LLC., for property generally located east of SW 35t Terrace and west of SW 35 th Avenue along Strilring Road in the City of Dania Beach. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff Report 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval with conditions at their August 18, 200 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Community Development Department City Manager 0 Date October 5, 2004 Date 0 FoT—,W4 TO: CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM October 12, 2004 Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBIECT: PL-41-04: Request by D.C.E.S, on behalf of the property owner,, for perimeter plat for a property located at the northwest corner of Stirling Road and S.W. 35 Avenue (SECOND READING). The site consists of three parcels (see attached map) consisting of approximately 6.8 acres. The combined properties are located on the north side of Stirling Road, west of SW 35th Avenue and east of a house of worship. While the site is located entirely within in Dania Beach, the abutting properties are all located in the City of Hollywood. Two years ago, the City Commission endorsed county purchase of the east portion of this site for a city park. Apparently, based on correspondence from the owner (Harry H. Spyke Trust), the county has been unsuccessful in acquiring the property. Staff will confirm same with County Parks prior to second reading. Applicant wishes to construct 31 single family homes on the 6.5 acres, for a gross density of approximately 4 1/2 units per acre. The comprehensive plan allows up 5 units per acre, subject to platting, rezoning and site plan approval. The City Code requires a 12,159 sq. ft. open space dedication. The plat provides a 12,389 sq. ft. open space area adjacent to NW 35th Avenue on the north side of the plat. While plat meets the technical requirements, ownership information on the application is incorrectly filled out. Staff has advised the applicant that the plat approval will not be submitted to the City Commission for second reading until the application is corrected. STAFF RECOMMENDATION Continue to November 9, 2004. 0