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HomeMy WebLinkAboutO-2026-016 RZ-034-24 Griffin LivingORDINANCE NO. 2026-016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION REQUEST (RZ-034- 24, MADE BY ROD A. FEINER, ESQ., ON BEHALF OF 2700 GRIFFIN HOLDINGS LLLP, A FLORIDA LIMITED LIABILITY LIMITED PARTNERSHIP FOR PROPERTIES GENERALLY LOCATED AT 4901 SW 27th TERRACE AND 4880 SW 28th AVENUE IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT “A,” A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; TO REZONE THE PROPERTIES FROM TWO-FAMILY RESIDENTIAL DISTRICT (RD-8000) AND SINGLE-FAMILY 6000 RESIDENTIAL (RS-6000) TO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD-1), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, “Land Development Code,” (“LDC”) Part 6, “Development Review Procedures and Requirements,” Article 645 “Rezoning” of the City Code of Ordinances (the “City Code”), 2700 Griffin Holdings LLLP, a Florida limited liability limited partnership (the “Applicant”) has applied to the City of Dania Beach (the “City”) for approval of a Rezoning (RZ-034-24) from RD-8000 and RS-6000 to PRD-1 for properties generally located at 4901 SW 27th Terrace and 4880 SW 28th Avenue, respectively, as legally described in Exhibit “A;” and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on January 21, 2026, and determined that the proposed rezoning is not consistent with the goals and objectives of the City of Dania Beach Comprehensive Plan, and therefore did not recommend approval of the proposed Rezoning (RZ-034-24) request; and WHEREAS, the City Commission is required to conduct two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the proposed Rezoning (RZ- 034-24) will protect the public health, safety, and welfare of the residents of the City, and further the purpose, goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “WHEREAS” clauses are ratified and incorporated as a 2 ORDINANCE #2026-016 record of the legislative intent of this Ordinance. Section 2. That pursuant to Chapter 28 “Land Development Code,” Part 6 “Development Review Procedures and Requirements,” Article 645 “Rezoning,” the Rezoning request (RZ-034-24) from RD-8000 and RS-6000 to PRD-1 for the properties generally located at 4901 SW 27th Terrace and 4880 SW 28th Ave., as legally described in Exhibit “A,” is approved, subject to the condition that a Declaration in Lieu of a Unity of Title be recorded in the Public Records of Broward County, Florida within thirty (30) days of the date of this Ordinance or this Ordinance shall be deemed null and void. Section 3. That 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 deferral agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to first obtain requisite approvals or 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 if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 6. That this Ordinance shall be effective immediately upon its passage and adoption on second reading. PASSED on first reading on March 10, 2026. PASSED AND ADOPTED on second reading on April 28, 2026. First Reading: Motion by: Commissioner Lewellen Second by: Vice Mayor Salvino Second Reading: Motion by: Vice Mayor Salvino Second by: Commissioner Lewellen 3 ORDINANCE #2026-016 FINAL VOTE ON ADOPTION: Unanimous ____ Yes No Commissioner Lori Lewellen X ____ Commissioner Luis Rimoli X ____ Commissioner Archibald J. Ryan IV ____ X Vice Mayor Marco Salvino X Mayor Joyce L. Davis ____ X ATTEST: ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 4 ORDINANCE #2026-016 EXHIBIT “A” LEGAL DESCRIPTION 5 ORDINANCE #2026-016 6 ORDINANCE #2026-016 EXHIBIT “B” PROPOSED LOTS FOR REZONING