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HomeMy WebLinkAboutO-2008-024 Frontier Development Rezoning ORDINANCE NO. 2008-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY KEITH POLIAKOFF, ATTORNEY WITH THE FIRM BECKER, POLIAKOFF, REPRESENTING FRONTIER DEVELOPMENT, LLC, TO REZONE PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SW 18T" AVENUE, 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 A-1 (AGRICULTURAL), TO C-2 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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 attorney Keith Poliakoff with the firm Becker, Poliakoff, representing Frontier Development, LLC, for property generally located at the northeast corner of Stirling Road and SW 181h Avenue, Dania Beach, Florida, is granted and the parcels as described in Exhibit"A" are rezoned from the "A-I" zoning classification to the "C-2" zoning classification, a copy of which request 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. 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 That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed.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 August 26, 2008. PASSED AND ADOPTED on second reading on September 9, 2008. ALBERT C. JONES MAYOR—COMMISSIONER Pip-S FIRST qTY ATTEST: LOUISE STILSON, CMC -% CITY CLERK �N�RPORP'�'O APPROVED AS TO AND CORRECTNESS: BY: ThONfASJ. ANSBRO CITY ATTORNEY 2 ORDINANCE#2008-024 EXHIBIT "A" LEGAL DESCRIPTION The Stirling Road Plaza Plat - A Portion of the West %z (W %z) of the Southwest ''A (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast '/4 (Se '/4) of Section 33, Township 50 South, Range 42 East, Broward County, Florida, being more particularly described as follows: Commencing at the Southwest Corner of the Southeast '/4 (Se '/4) of said Section 33; Thence North 00 Deg 43 Min 45 Sec East on the West Line of said Southeast '/4 (Se '/4), a distance of 73.88 feet of the Point of Beginning; Thence continue North 00 Deg 43 Min 45 Sec East on said West line 181.94 feet to the Westerly prolongation of the most Westerly South line of "Hilton Gardens at Stirling Road" according to the Plat thereof as recorded in Plat Book 171, Page 16, of the Public Records of Broward County, Florida; Thence North 79 Deg 36 Min 25 Sec East on Said Westerly prolongation and said most Westerly South Line 171.84 feet; Thence continuing on the South line of said "Hilton Gardens at Stirling Road" North 83 Deg 06 Min 46 Sec East 168.05 feet to the Southeast corner of said "Hilton Gardens at Stirling Road", said point being on the East line of the West % (W %:) of the Southwest '/4 (Sw '/4) of the Southwest '/4 (Sw '/4) of the Southeast ''A (Se '/4) of Section 33, Township 50 South, Range 42 East; Thence South 00 Deg 48 Min 44 Sec West on Said East Line 254.04 feet to the intersection with the North Right-Of-Way line of Stirling Road as shown on Miscellaneous Map Book 5, Page 21, of the Public Records of Broward County, Florida; Thence North 89 Deg 59 Min 21 Sec West on said North Right-Of-Way line 193.58 feet; Thence on the North Right-Of-Way line of said Stirling Road as shown in Official Records Book 23584, Page 103, of the Public Records of Broward County, Florida the following three (3) courses and distances; 1) North 85 Deg 19 Min 40 Sec West 26.60 feet to the intersection with the arc of a curve concave Northerly whose radius point bears North 00 Deg 42 Min 03 Sec East; 2) Westerly on the arc of said curve having a radius of 2245.34 feet, a central angle of 2 Deg 38 Min 12 Sec and an arc length of 103.33 feet; 3) North 36 Deg 38 Min 09 Sec West 18.81 feet to the Point of Beginning. Said lands situate, lying and being in the City of Dania Beach, Broward County, Florida containing 76,849 square feet (1.7642 Acres.) 3 ORDINANCE 42008-024