HomeMy WebLinkAboutO-2015-001 BC Water Plant Rezoning (RZ-82-14) ORDINANCE NO. 2015-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY MICHAEL
VONDER MEULEN/KEITH AND ASSOCIATES, INC., AGENT FOR THE
PROPERTY OWNER, BROWARD COUNTY BOARD OF COUNTY
COMMISSIONERS, TO REZONE PROPERTY LOCATED AT 4980 S.W. 40
AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; CHANGING THE
CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM
GENERAL INDUSTRIAL ("IG") TO INDUSTRIAL, RESEARCH, OFFICE,
COMMERCIAL ("IROC"), SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,pursuant to Chapter 28 of the "Land Development Code" (the"LDC"), Part
6, "Development Review Procedures And Requirements", Article 645, "Rezoning", of the City
Code of Ordinances (the "Code"), Michael Vonder Meulen/Keith and Associates, Inc., agent for
the property owner, Broward County Board of County Commissioners (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-82-14); and
WHEREAS,the City Planning and Zoning Advisory Board, sitting as the Local Planning
Agency, held a duly advertised public hearing on November 19, 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 City 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 part of and incorporated into this Ordinance by this reference.
Section 2. Pursuant to Chapter 28, of the LDC, Part 6, "Development Review
Procedures And Requirements", Article 645, "Rezoning", of the Code, the rezoning from the
Industrial General ("IG") zoning classification to Industrial, Research, Office, Commercial
("IROC") zoning classification, for the Property located at 4980 S.W. 40 Avenue, 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 March 10, 2015.
Is Far t
ATTEST:
LOUISE STILSON, CMC RCO A. SALVINO, SR.
CITY CLERK , ,a MAYOR
APPROVED AS TO F - AND CORRECTNESS:
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THOMAS . AN O
CITY ATTORN Y
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcel "A" of the Broward County Utilities Plant No. 3A Site, according to the plat thereof as
recorded in Plat Book 144 at Page 35 of the public record of Broward County, Florida.
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