HomeMy WebLinkAboutO-2009-008 Banyan Bay Rezoning and LU Flex ORDINANCE NO. 2009-008
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THE REQUEST MADE BY JOHN M. MILLEDGE, ESQUIRE,
REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN
BAY MARINE CENTER, LLC, TO REZONE PROPERTY GENERALLY
LOCATED AT 4491 RAVENSWOOD ROAD, 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 (RESIDENTIAL), TO
C-4 (COMMERCIAL) WITH THE ASSIGNMENT OF 2.35 ACRES OF
RESIDENTIAL TO COMMERCIAL LAND USE FLEX; 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 made a recommendation to deny the requests 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 (RZ-58-07) filed by attorney John M. Milledge,
Esquire, representing John T. Loos, Managing Member of Banyan Bay Marine Center, LLC, for
property generally located at 4491 Ravenswood Road, Dania Beach, Florida, is granted and the
parcels as described in Exhibit "A" are rezoned from the "RI-C" (Residential) zoning
classification to the "C-4" (Commercial) zoning classification by assigning 2.35 acres of
residential to commercial land use flex (LUF-85-08), 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this Ordinance are repealed.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 April 28,2009.
PASSED AND ADOPTED on second reading on May 26, 2009.
ANNE CASTRO
MAYOR—COMMISSIONER
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LOUISE STILSON, CMC
CITY CLERK
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APPROVED AS TMF ND CORRECTNESS:
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CITY ATTO EY
2 ORDINANCE#2009-008
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 2: Parcel Identification Number— 5042 29 01 1380- The South 300 Feet less the South 25
feet and less the West 120 feet of Tract 5, in Block 4, of Section 29, Township 50 South, Range
42 East, according to the Amended Plat Thereof, recorded in Plat Book 2, Page 32, of the Public
Records of Miami-Dade County, Florida, said lands lying and being in Broward County, Florida.
Parcel 3: Parcel Identification Number — 5042 29 01 1390 - The East 142 Feet of that part of
Tract 5, in Block 4, lying South of Dania Cut-Off Canal, Excepting there from the South 300
Feet of said tract, All being located in Block 4 of Section 29, Township 50 South, Range 42 East,
according to the Marshall Everglades Lands Company Amended Plat of Section 29, Recorded in
Plat Book 2, Page 32, of the Public Records of Miami Dade County, Florida; Said Lands lying
and being in Broward County, Florida.
(Legal Description based from Warranty Deed Recorded in the Official record book 40403, Page
473 of the Public Records of Broward County, Florida).
3 ORDINANCE 42009-008