HomeMy WebLinkAboutO-2015-003 Family Dollar Rezoning (RZ-69-14) ORDINANCE NO. 2015-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SCOTT
BACKMAN, ESQUIRE, AGENT FOR THE PROPERTY OWNERS SAMUEL
EDWARD GUMBEL AND LAURA MARIE GUMBEL, TRUSTEES OF THE
GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18,1998, AND
SARA DIANE FAVARATO AND ROBERT C. FAVARATO, TRUSTEES OF
THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING
TRUST DATED DECEMBER 17, 2012, TO REZONE PROPERTY LOCATED
ON SW 29 TERRACE (NW CORNER OF GRIFFIN ROAD AND SW 29
TERRACE) 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 TWO-FAMILY RESIDENTIAL DISTRICT (RD-
8000) TO COMMERCIAL BUSINESS DISTRICT (C-2), SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; 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"), Scott Backman, Esquire, agent for the property owners
Samuel Edward Gumbel and Laura Marie Gumbel, Trustees of the Gumbel Revocable Family
Trust dated June 18,1998, and Sara Diane Favarato and Robert C. Favarato, Trustees of the
Robert C. Favarato and Sarah Diane Favarato Living Trust dated December 17, 2012 (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-69-14); 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. 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, the "Land Development Code," Part 6,
"Development Review Procedures And Requirements," Article 645, "Rezoning" of the City
Code of Ordinances, the rezoning from the Two-Family Residential District (RD-8000) zoning
classifications to the Commercial Business District (C-2) zoning classification, for the Property
generally located on SW 29 Terrace (NW corner of Griffin Road and SW 29 Terrace in Dania
Beach, Florida), as legally described in Exhibit"A," is approved.
Section 3. 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. 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 5. 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 6. This Ordinance shall become effective immediately upon its passage and
adoption.
PASSED on first reading on December 9, 2014.
PASSED AND ADOPTED on second reading on January 13, 2015.
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ATTEST:
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LOUISE STILSON, CMC , ARCO A. SALVINO, SR.
CITY CLERK MAYOR
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APPROVED AS TO FORM AND CORRECTNESS:
THOMA J. S
CITY ATTO EY
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EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF THE WEST HALF (W 1/2) OF TRACT 14, EXCEPT THE NORTH 932.7 FEET OF
SAID WEST HALF (W 1/2) OF SAID TRACT 14, BLOCK 3, SECTION 29, TOWNSHIP 50
SOUTH, RANGE 42 EAST. LESS AND EXCEPT THAT PART THEREOF DESCRIBED AS
PARCEL NO. 23-W, IN ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK
1026, PAGE 612, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH,
BROWARD COUNTY, FLORIDA AND CONTAINING 53,712 SQUARE FEET (1.2331
ACRES).
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