HomeMy WebLinkAboutO-2021-026 Franmar Properties of South Florida (Academy Bus) Rezoning (RZ-063-31) executedORDINANCE NO. 2021-026
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY LEIGH
ROBINSON KERR & ASSOCIATES, INC, AGENT FOR THE PROPERTY
OWNER FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC, TO REZONE
PROPERTY LOCATED BETWEEN RAVENSWOOD ROAD AND SW 22 ND
AVENUE NORTH OF SW 42ND STREET, DANIA BEACH, FLORIDA, AS
LEGALLY DESCRIBED IN EXHIBIT "A"; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM RS-6000 AND C-3
TO IROM-AA (APPLICATION NO. RZ-063-21), SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, the "Land Development Code," Part 6,
"Development Review Procedures And Requirements," Article 645, "Rezoning" of the City Code
of Ordinances (the "City Code"), Leigh Robinson Kerr & Associates, Inc., agent for the property
owner, Framnar Properties of South Florida, LLC (the "Applicant"), has applied to the City of
Dania Beach (the "City") for approval of a rezoning (Application RZ-063 -2 1) for property located
between Ravenswood Road and SW 22 d Avenue north of SW 42 d Street as legally described in
Exhibit "A"; a copy of which is made a part of and incorporated into this Ordinance by this
reference; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on September 22, 2021 and determined that the proposed
rezoning is consistent with the goals and objectives of the City of Dania Beach Comprehensive
Plan (the "Comprehensive Plan"), and therefore, recommended approval of the proposed rezoning;
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 will
protect the public health, safety, and welfare of the residents of the City, and furthers 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 foregoing "Whereas" clauses are ratified and confirmed as being
true and correct and they are made a specific part of this Ordinance.
Section 2. Pursuant to Chapter 28 "Land Development Code," Part 6, "Development
Review Procedures And Requirements," Article 645, "Rezoning" of the City Code, the rezoning
request (RZ-063-21) from RS-6000 and C-3 to the IROM-AA District, for the property located at
between Ravenswood Road and SW 22 nd Avenue north of SW 42 nd Street, in the City of Dania
Beach, Florida, 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 federal agency
and does not create any liability on the part of the municipality for issuance of the permit if the
applicant fails to 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 September 28, 2021.
PASSED AND ADOPTED on second reading on November 9, 202 1.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
Ism
APPROVED AS�TTRM AND CORRECTNESS:
THOMXSJ'A!,ISARO
CITY ATTOR�KEY
TAMARA JAMES
MAYOR
2 ORDINANCE #2021-026
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 3, 8, 9, and 10 of Block 1 of the Ravenswood Park Plat as recorded in Plat Book 3 0, Page
3 1, of the public records of Broward County, Florida.
ORDINANCE #2021-026