HomeMy WebLinkAboutO-2014-009 Florida Silica Sand Rezoning (RZ-62-14) ORDINANCE NO. 2014-009
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DENNIS D.
MELE, ESQ., AGENT FOR THE PROPERTY OWNER FLORIDA SILICA
SAND COMPANY, TO REZONE PROPERTY LOCATED AT 181 SOUTH
BRYAN ROAD IN THE CITY OF 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 INDUSTRIAL, RESEARCH,
OFFICE ("IRO") TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT
TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, "Land Development Code", Part 6, "Development
Review Procedures And Requirements", Article 645, "Rezoning", of the City Code of
Ordinances (the"Code"), Dennis D. Mele, Esq., agent for the property owner Florida Silica Sand
Company(the "Applicant") has applied to the City of Dania Beach (the "City") for approval of a
rezoning for property legally described in Exhibit"A" (Application RZ-62-14); and
WHEREAS, the City Planning and Zoning Advisory Board, sitting as the Local Planning
Agency, held a duly advertised public hearing on June 18, 2014, 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 has 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. Recitals. The foregoing "WHEREAS" clauses are ratified and confirmed
as being true and correct and are made a part of and incorporated into this Ordinance by this
reference.
Section 2. Approval of Rezoning. Pursuant to Chapter 28, "Land Development
Code", Part 6, "Development Review Procedures And Requirements", Article 645, "Rezoning",
of the Code, the rezoning from the Industrial, Research, Office ("IRO") zoning classification to
the General Commercial District (C-3) zoning classification, for the Property located at 181
Bryan Road, in Dania Beach, Florida, as legally described in Exhibit "A", which is made a part
of and incorporated into this Resolution by this reference, is approved.
Section 3. Conflicts. All ordinances or parts of ordinances, resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 4. Severability. If any clause, section, sentence or phrase of this Ordinance
is for any reason held unconstitutional or invalid by a competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon
its passage and adoption.
PASSED on first reading on July 22, 2014.
PASSED AND ADOPTED on second reading on September 9, 14.
ATTEST: m�o�P�'s Fries
LOUISE STILSON, CMC WALTER B. DUKE III
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. 4Nsikb
CITY ATTORNEY
2 ORDINANCE#2014-009
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A", SAN - MAR PLAT, ACCORDING RO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 142, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
LINE TABLE
LINE# BEARING DISTANCE
L1 S440 33' 25"E 42.80'
L2 S070 47' 09"W 100.72'
L3 S890 03' 25"E 12.00'
L4 S070 47' 09"W 100.72'
L5 S450 28' 33'W 42.08'
L6 N890 59' 21"W 53.26'
L7 N00°53' 38"E 100.72'
L8 N00°53' 38"E 134.99'
L9 S890 59' 21"E 100.00,
3 ORDINANCE#2014-009