RESOLUTION NO. 2015-091
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CONSIDERING A REQUEST FOR WAIVER OF REPLATTING (OT-74-15) SUBMITTED BY CALVIN GIORDANO AND ASSOCIATES, INC., ON BEHALF OF THE PROPERTY OWNER DANIA ENTERTAINMENT LLC, FOR PROPERTY LOCATED AT 301 EAST DANIA BEACH BOULEVARD THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT A; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 28 of the Code of Ordinances of the City of Dania Beach (the City Code”), which chapter contains the City Land Development Code (the “LDC”), pursuant to Part 6, “Development Review Procedures and Requirements,” Article 655 “Vacation of Right-of-Ways,” Section 655-30(D) , entitled “Application Procession,” provides the requirements for vacation of rights of way; and
WHEREAS, Calvin Giordano and Associates, Inc., representing the property owner, Dania Entertainment LLC, (the “Applicant”) has applied to the City of Dania Beach (the “City”), for waiver of replat approval (OT-74-15), for property legally described in Exhibit “A;” and
WHEREAS, the Applicant has also applied for vacation and relocation of right-of-way for NE 2 Street for that portion located between Fronton Boulevard and NE 4 Court; and
WHEREAS, pursuant to LDC Section 655-30(D) “Application Processing”, waiver of replat may be granted by the City Commission if it is determined that the submission and approval of such new plat would cause an undue hardship to the property owner requesting a vacation; and
WHEREAS, the City Commission finds that replatting would cause undue hardship to the property owner, pursuant to Section 655-30 of the LDC; and
WHEREAS, the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the City’s LDC.;
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 the waiver of plat application (OT-74-15), a copy of which is attached as composite Exhibit “B,” is made a part of and incorporated into this Resolution by this reference, 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 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. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption.
PASSED AND ADOPTED August 25, 2015.
ATTEST:
LOUISE STILSON, CMC MARCO A. SALVINO, SR.
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
EXHIBIT “A”
Legal Description
All of Dania Jai-Alai Plat, according to the plat thereof as recorded in Plat Book 177, Pages 170 through 174 in the Public Records of Broward County, Florida.
2
RESOLUTION #2015-091