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HomeMy WebLinkAboutR-2025-043 PL-005-24 Broward Gardens PlatRESOLUTION NO. 2025-043 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE “GMAX PLAT” (PL-005-24) SUBMITTED BY THE APPLICANT/PROPERTY OWNER R. ROMA HOLDINGS, LLC, FOR PROPERTY LOCATED AT 4432 SW 52nd STREET, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the “LDC”) Part 6 “Development Review Procedures And Requirements,” Article 640, “Plats” of the City Code of Ordinances (the “City Code”), the Applicant, property owner, R. Roma Holdings, LLC, a Florida limited liability company (the “Applicant”), applied to the City of Dania Beach (the “City”) for approval of the “GMAX Plat” (PL-005-24) for property located at 4432 SW 52nd Street, with the attached legally described on Exhibit “A”, which document is incorporated by reference into this resolution; and WHEREAS, the Applicant is requesting approval of the proposed “GMAX Plat” (PL-005- 24) to permit the future development of the subject property pursuant to and consistent with the attached plat provided as Exhibit “B”, which document is incorporated by reference into this resolution; and WHEREAS, the “GMAX Plat” (PL-005-24) proposes an access easement which is dedicated to the owners of lots 1 through 4, their successors, and/or assigns, and subject to a permanent non-exclusive access easement to the City of Dania Beach, Broward County, Florida for emergency vehicles and service, maintenance, and construction of utilities. WHEREAS, LDC Section 640-50 states that the City Commission may approve the “GMAX Plat” based on its determination that the Applicant has demonstrated that the criteria identified in the City Code have been satisfied; and WHEREAS, staff has reviewed the proposed request and finds that it remains consistent with the concurrency standards established for the Plat, and therefore recommends approval; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the plat criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings of fact; and 2 RESOLUTION #2025-043 WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; 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 Plat (PL-005-24) request is consistent with the LDC and Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That this certain application (PL-005-24) for the “GMAX Plat” is approved. Section 3. 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 the 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 4. Pursuant to Section 640-80 “Expiration of Plats,” of the Land Development Code, the plat (PL-005-24) the City Commission approval of the plat shall be deemed to have expired when the plat has expired under the Broward County Land Development Code. 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 in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on March 31, 2025. Motion by Vice Mayor Salvino, second by Commissioner Rimoli. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ 3 RESOLUTION #2025-043 Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE BOUTSIS, ESQ. CITY ATTORNEY 4 RESOLUTION #2025-043 EXHIBIT “A” LEGAL DESCRIPTION 5 RESOLUTION #2025-043 EXHIBIT “B” S. S T A T E R O A D N O . 7 / S . 6 0 T H A V E . / (U . S . H W Y . N O . 4 4 1 ) GRIFFIN RD. FL O R I D A ' S T U R N P I K E (STATE RD. NO. 818) THIS PLAT SW 52ND ST. SW 52ND CT. SW 54TH CT. SW 51ST ST. SW 4 3 R D T E R R . SW 4 0 T H A V E . PREPARED BY LEGAL DESCRIPTION: PLAT NO.: ___-MP-24 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 954-572-1777 JULY, 2024 A REPLAT OF PORTION OF LOTS 7-10, BLOCK 5, "BROWARD GARDENS" (P.B. 21, PG. 48) IN SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA SHEET 1 OF 2 SHEETS PLAT BOOK _________ PAGE _________ LOCATION MAP CITY CLERK CITY ENGINEER COUNTY SURVEYOR COUNTY ENGINEER PLATTING SURVEYOR BROWARD COUNTY RESILIENT ENVIRONMENT DEPARTMENT: BROWARD COUNTY PLANNING COUNCIL: BROWARD COUNTY FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT, COUNTY RECORDS DIVISION - MINUTES SECTION: DIVISION: CITY OF DANIA BEACH CITY ENGINEER BROWARD COUNTY HIGHWAY CONSTRUCTION AND ENGINEERING SURVEYOR'S CERTIFICATION CITY OF DANIA BEACH CITY COMMISSION CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT: DEDICATION: ACKNOWLEDGMENT: SW 52ND ST. N0 1 ° 5 2 ' 3 4 " W 1 0 0 . 0 0 ' N88°04'31"E 138.00' N0 1 ° 5 2 ' 3 4 " W 1 1 6 . 0 0 ' N88°04'31"E 50.00' S 0 1 ° 5 2 ' 3 4 " E 1 1 6 . 0 0 ' N88°04'31"E 100.00' S0 1 ° 5 2 ' 3 4 " E 1 0 0 . 0 0 ' S88°04'31"W 288.00' 1 2 3 4 TRACT A CL (MILANO TERR.) SHEET 2 OF 2 SHEETS PLAT BOOK _________ PAGE _________ SURVEYOR'S NOTES: LEGEND & ABBREVIATIONS: CL GRAPHIC SCALE PLAT NO.: ___-MP-24 PREPARED BY 5381 NOB HILL ROAD SUNRISE, FLORIDA 33351 954-572-1777 JULY, 2024 A REPLAT OF PORTION OF LOTS 7-10, BLOCK 5, "BROWARD GARDENS" (P.B. 21, PG. 48) IN SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA