HomeMy WebLinkAboutO-2014-010 CF & A Hill Family Ltd Rezoning (RZ-63-14) ORDINANCE NO. 2014-010
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 CF&A HILL
FAMILY LTD., TO REZONE PROPERTY GENERALLY LOCATED ON THE
NORTH SIDE OF STIRLING ROAD BETWEEN INTERSTATE 95 AND
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, MARINE ("IROM") AND COMMERCIAL BUSINESS DISTRICT (C-
2) TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; 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 CF&A Hill Family
Ltd., (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-63-14); 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 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 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, Marine ("IROM") and the
Commercial Business District (C-2) zoning classifications to the General Commercial District
(C-3) zoning classification, for the Property located on the north side of Stirling Road between
Interstate 95 and Bryan Road, as legally described in Exhibit"A,"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, 2014.
ATTEST:
LOUISE STILSON, CMC C%KJ WAL kB. DUKE I
CITY CLERK MAYOR
All
/4TED 19"
APPROVED AS T91FORM AND CORRECTNESS:
6 , v/ n(\
THOMA J. BRO
CITY ATTORVIEY
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EXHIBIT "A"
LEGAL DESCRIPTION
HILL: PARCEL 10 FOR REZONING APPLICATION TAKEN FROM ORB 41719, PAGE 283
THE WEST ONE-HALF (W 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4)
AND THE EAST ONE-HALF (E %2) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF
THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE
1/4) OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, EXCEPTING
THEREFROM THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT WHERE THE EASTERN BOUNDARY LINE OF THE WEST
1 1
ONE-HALF (W /2) OF THE SOUTHEAST ONE-QUARTER (SE /a) OF THE SOUTHWEST
ONE-QUARTER (SW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33,
TOWNSHIP 50 SOUTH RANGE 42 EAST INTERSECTS THE NORTH RIGHT-OF-WAY
LINE OF STIRLING ROAD THENCE WESTERLY ALONG THE SAID NORTH RIGHT-OF-
WAY LINE OF STIRLING ROAD, A DISTANCE OF 639.85 FEET; THENCE NORTHERLY
ALONG A LINE PARALLEL TO THE SAID EASTERN BOUNDARY LINE OF THE WEST
ONE-HALF (W 1/2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHWEST
ONE-QUARTER (SW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, A DISTANCE OF 175 FEET; THENCE
EASTERLY ALONG A LINE PARALLEL TO THE SAID NORTH RIGHT-OF-WAY LINE
OF STIRLING ROAD, A DISTANCE OF 639.85 FEET, MORE OR LESS, TO THE POINT
WHERE SAID LINE INTERSECTS WITH THE EASTERN BOUNDARY LINE OF THE
SAID WEST ONE-HALF (W %2) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF THE SOUTHEAST ONE-QUARTER (SE 1/4) OF
SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST; THENCE SOUTHERLY ALONG
SAID EASTERN BOUNDARY LINE OF THE WEST ONE-HALF (W %2) OF THE
SOUTHEAST ONE-QUARTER (SE 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF
THE SOUTHEAST ONE-QUARTER (SE 1/4) OF SECTION 33, TOWNSHIP 50 SOUTH,
RANGE 42 EAST, A DISTANCE OF 175 FEET TO THE POINT OF BEGINNING.
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