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Home My WebLink AboutO-2021-005 2900 SW 45th Dania Beach (Harbor Landings) Rezoning (RZ-062-20)ORDINANCE NO. 2021-005 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPLICATION REQUEST (RZ-062- 20), MADE BY 2900 SW 45TH DANIA BEACH, LLC, TO REZONE PROPERTY GENERALLY LOCATED AT 4695 SW 45TH TERRACE IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTIES FROM RMH MOBILE HOME DISTRICT 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," ("LDC11) Part 6, "Development Review Procedures and Requirements," Article 645 "Rezoning" of the City Code of Ordinances (the "City Code"), CCI Properties 1, LLC (the "Applicant") has applied to the City of Dania Beach (the "City") for approval of a Rezoning (RZ-062-20) from RMH to PRD-1 for properties generally located at 4695 SW 45TH TERRACE, as legally described in Exhibit "A; and WHEREAS, the applicant has also submitted an application to amend the City of Dania Beach Future Land Use Plan Map (LU-061-20), for the subject property from "Low -Medium (10) Residential" to "Irregular (50 du/ac), in order to redevelop the existing mobile home park with multifamily residential use; and WHEREAS, the applicant has also submitted an application for Plat approval (PL-060- 20), as part of the same development proposal, all concurrently known as Harbor Landings; and WHEREAS, the applicant has also submitted an application for Site Plan (SP-058-20) approval, proposing to remove the existing mobile home park and construct a 275-unit multifamily apartment building with a portion including affordable housing as part of a newly proposed larger development; and WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, held a duly advertised public hearing on August 19, 2020 and recommended approval of the Rezoning (RZ-062-20) request; and WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the proposed Rezoning (RZ- 062-20) 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 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-062-20) from RMH to PRD-1 for the property generally located at 4695 SW 45TH TERRACE, as legally described in Exhibit "A," is approved. 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 ftilfill 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 the associated Planning & Zoning Division Staff Report prepared for application RZ-062-20 and the graphic map attached as Exhibit "B" are hereby incorporated into this resolution as findings of fact. Section 5. 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 6. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 7. That this Ordinance shall be effective immediately upon its passage and adoption on second reading. 2 ORDINANCE #2021-005 PASSED on first reading on December 8, 2020. PASSED AND ADOPTED on second reading on March 23, 202 1. ATTEST: C THOMAS SCHNEIDER, MC CITY CLERK ISH APPROVED AS TO FORM AND CORRECTNESS: THOM J. E� 0j CITY ATTOY TAMARAJ MAYOR ORDINANCE #2021-005 EXHIBIT 66A99 LEGAL DESCRIPTION Parcel I A portion of TRACT 29, SECTION 25, TOWNSHIP 50 SOUTH, RANGE 41 EAST, NEWMAN'S SURVEY, according to the Plat thereof, recorded in Plat Book 2, Page 26 of the Public Records of Miami -Dade County, Florida; more ftilly described as follows: COMMENCING at the intersection of the East Right -of -Way line of State Road No. 7 with the South line of said Section 25; thence Northerly along the said East Right -of -Way, North 02'06'5 5 " East, I I 11. 80 feet to the intersection of the East Right -of -Way line of State Road No. 7 and the South Right -of -Way line of the South New River Canal Easement; thence Easterly along said South Right -of -Way, North 90'00'00" East, 181.59 feet; thence North 76'04'42" East, 19.28 feet to the POINT OF BEGINNING; thence continue North 76'04'42" East, 394.91 feet; thence South 02'12'46" West 686.55 feet; thence North 87'51'58" West, 378.37 feet; thence North 02'06'55" East, 577.47 feet to the POINT OF BEGINNING. Said lands situate, lying and being in Broward County, Florida. 4 ORDINANCE #2021-005 EXHIBIT 6(B99 GRAPHIC MAP ORDINANCE #2021-005 Exhibit "B"