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HomeMy WebLinkAboutO-2006-010 ORDINANCE NO. 2006-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SW 25TH TERRACE AND SW 45TH STREET, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RI-C (SINGLE FAMILY RESIDENTIAL), TO OS (OPEN SPACE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the rezoning request filed by the City of Dania Beach, for property generally located at the northeast corner of SW 25th Terrace and SW 45th Street, Dania Beach, within the City of Dania Beach, Florida, is granted and the parcels are rezoned as described in Exhibit"A", a copy of which is attached to this Ordinance. Section 2. 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. t Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on March 28, 2006. PASSED and ADOPTED on second reading April 25, 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM D CORRECTNESS: BY: THOMA J. A SBRO CITY ATTORNEY 2 ORDINANCE#2006-010 EXHIBIT "A" LEGAL DESCRIPTION A REPLAT OF A PORTION OF LOT 8, BLOCK 4, "PLAT OF SEC'S 28, 29, 31 & 32, T 50S, R 42 E" OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, PLAT BOOK 2, PAGE 32, DADE COUNTY RECORDS, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. 3 ORDINANCE#2006-010 Message Page 1 of 2 .;y r Sk'Ison, Louise rom: Ansbro, Tom Sent: Friday, February 16, 2007 1:47 PM To: Stilson, Louise Cc: Leeds, Larry Subject: RE: Legal Ad for Fuzzy Bunny Cove I am OK with a corrected ordinance being processed administratively as a substitute for the version with the scrivener's error; no need.for Commission action. Please keep a copy of this message in the City Clerk and Community Development files. Louise, please process for signatures and for forwarding to Larry. -----Original Message----- From: Stilson, Louise Sent: Friday, February 16, 2007 1:42 PM To: Ansbro,Tom Subject: Legal Ad for Fuzzy Bunny Cove You'll have to make the call on this one. The title still reads RS 6000, but the paragraph above says Open Space. NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on April 25, 2006 at 7:00 pm, or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any objections which might be made to a request, as follows: RZ-14-06 —The City of Dania Beach is requesting a zoning change from Single Family Residential (R-IC) to Open Space (OS) on a five acre parcel located north of SW Street, south of the Dania Cut-off Canal and east of SW 25 Terrace. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SW 25TH TERRACE AND SW 45 STREET, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RI-C (SINGLE FAMILY RESIDENTIAL) TO RS 6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. EXHIBIT A - LEGAL DESCRIPTION - A REPLAT OF A PORTION OF LOT 8, BLOCK 4, "PLAT OF SEC'S 28, 29, 31 & 32, T 50S, R 42 E" OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, PLAT BOOK 2, PAGE 32, DADE COUNTY RECORDS, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. Copies of the proposed petition are available for viewing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the 2/16/2007 Message Page 2 of 2 s proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which • record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Published: Friday, April 14, 2006 2/16/2007 IWO City of ,nia Beach, Florida Department of Community Development ( Planning and Zoning Division _.._.. w. ...._. "._ _. (954)924-3646 General Development Application ® Assignment of Flex/Reserve Unite - 13 Land Use Amendment MAR - 1 c,Q3 ® Plat ® Plat Delegation Request ® Rezoning Site Plan Date Rec'd: ® Special Exception Petition No.: ® Special Request ® TrafAcway Waiver 13 darlancQ 13 vacation Request 13 Other. TRIES APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLET12 AND SuBmrMD WrM ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and 'Required Documentation'checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. ( All projects must also obtain a.buliding permit from the City's Building Department. Location Address: N.of SW 45 St.,S.of Dania Cut-off Canal &E.of SW 25 Ter. Lot(s): B Block: 4 Subdivision: east of Marshalls Everglades Recorded Plat Name: recorded In plat Book 2, Page 32 of the Public Records of Miami-Dade County,Florida Folio Number(s): 504229011510 Legal Description: Applicant/Consultant/Legal Representative(circle one) Address of Applicant: 100 W. Dania Beach Boulevard, Dania Beach,FL 33066 Business Telephone: (954) 924-3640 Home: Fax: (954) 922-2687 Name of Property Owner: City of Dania Beach Address of Property Owner: 100 W. Dania Beach Boulevard, Dania Beach, FL 33066 Business Telephone: (954) 924-3640 Home: Fax: (954) 922-2687 Explanation of Request: Rezone property to Open Space at the County's request to be consistent with the Future land Use Designation. Prop. Net Acreage: 5 acres_ Gross Acreage: Prop. Square Footage: Existing Use: !Vacant Proposed Use: Parr Is property owned individually, by a corporation, or a joint venture? No CORPORATION NOTAR :D SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that Y, as a duly authorized officer, have authorized (Applicant/ConsuitanVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This day of 20_ Signature:f/A A Date: a� (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/ConsultanVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City,State and Zip Code Commission Expires: i Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. _ AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO._®? 1. DATE OF COMMISSION MEETING: APRIL 25,2006 2. DESCRIPTION OF AGENDA ITEM: REZONING REQUEST—RZ-14-06 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE—2"d Reading 4. SUMMARY EXPLANATION & BACKGROUND: The City of Dania Beach is requesting a zoning change from Single Family Residential (R-1 C)to Open Space (OS)on a five acre parcel located north of SW 45 St, south of Dania cut-off Canal and east of SW 25 Ter. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff Report Application Public Hearing Notice/Mailing List Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date: April 3, 2006 Community Development Department City Manager Date CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 25, 2006 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G FROM: Bonnie Temchuk, Assistant to the City Manage1 Corinne Church, AICP, Principal Planner ✓✓�, �� SUBJECT: RZ-14-06: The City of Dania Beach is requesting a zoning change from Single Family Residential (R-1C) to Open Space (OS) on a five acre parcel located north of Slit! 45'" Street, south of the Dania Cut-off Canal and east of SW 25 Terrace (SECOND READING). REZONING: To change the property zoning from Single Family Residential (RAC) to Open Space (OS). On March 22, 2005 the City Commission approved the Future Land Use change from Low(5) Residential to Recreation and Open Space. Broward County purchased this land through the County Bond program and has transferred title to the City of Dania Beach. One of the County's conditions of the land transfer was to change the City's Future Land Use Map to match county's land use designation of Recreation and Open Space, which was done last year. The County is now requesting the City to change the zoning designation to match the Future Land Use designation. The uses allowed is the Open Space zoning district will ensure the land will remain a park. CITY COMMISSION PREVIOUS ACTION On March 28, 2006 the City Commission approved the requested rezoning on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On March 15, 2005 the Planning and Zoning Board recommended approval of the requested rezoning. STAFF RECOMMENDATION Approval. NOTICE OF PUBLIC HEARING THE CITY OF DANIA BEACH RZA 4-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on April 25, 2006 at 7:00 pm, or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any objections which might be made to a request, as follows: RZ-14-06 — The City of Dania Beach is requesting a zoning change from Single Family Residential (R-1C) to Open Space (OS) on a five acre parcel located north of SW 451h Street, south of the Dania Cut-off Canal and east of SW 25 Terrace. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SW 25TH TERRACE AND SW 45 STREET, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM R1-C (SINGLE FAMILY RESIDENTIAL) TO RS- 6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. EXHIBIT A - LEGAL DESCRIPTION - A REPLAT OF A PORTION OF LOT 8, BLOCK 4, "PLAT OF SEC'S 28, 29, 31 & 32, T 50S, R 42 E" OF SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, 0 PLAT BOOK 2, PAGE 32, DADE COUNTY RECORDS, CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. Copies of the proposed petition are available for viewing in the Department of Community Development, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday - Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. 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