HomeMy WebLinkAboutO-2015-019 Dania Oaks Rezoning (RZ-024-14) & Residential Flex Unit Allocation (LUF-025-14) ORDINANCE NO. 2015-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ARI SKLAR,
A.I.A., SKLARCHITECTURE, AGENT ON BEHALF OF THE PROPERTY
OWNERS CASEY 18 DEVELOPMENT GROUP, LLC AND DANIA COVES
18, LLC FOR A REZONING (RZ-024-14) AND RESIDENTIAL FLEX UNIT
ALLOCATION (LUF-025-14) FOR PROPERTY LOCATED AT 5461 AND
5471 SW 40' AVENUE 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 SINGLE FAMILY
RESIDENTIAL DISTRICT (RS-6000) TO PLANNED RESIDENTIAL
REDEVELOPMENT DISTRICT (PRD-1) AND PROVIDING FOR THE
ALLOCATION OF FOURTEEN (14) RESIDENTIAL FLEX UNITS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
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"), Ari Sklar, A.I.A., Sklarchiterture on behalf of Casey 18
Development Group LLC and Dania Coves 18, LLC has applied to the City of Dania Beach (the
"City"), for approval of a rezoning and flex unit allocation for the development of a residential
project as shown on Exhibit`B", for property legally described in Exhibit"A" (Applications RZ-
024-14/LUF-025-14); and
WHEREAS,the City Planning and Zoning Advisory Board, sitting as the Local Planning
Agency, held a duly advertised public hearing on August 19, 2015 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 has considered this Ordinance at a duly noticed public
hearing according with Article 610 of the City's Land Development Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA:
Section 1. That the rezoning request (RZ-024-14) for property located at 5641 and
5671 SW 40th Avenue in Dania Beach, Florida, is granted and the property is rezoned from the
Residential (RS-6000) to the Planned Residential Redevelopment District (PRD-1) zoning
classification, a copy of which request is attached to this Ordinance.
Section 2. That the assignment of fourteen (14) flex units (LUF-025-14) from Flex
Zone eighty-one (81) for the property located at 5641 and 5671 SW 40t" Avenue in Dania Beach
in Dania Beach, Florida, is also granted, a copy of which is attached to this Ordinance.
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. 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. 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 6. This Ordinance shall become effective immediately upon its passage and
adoption.
PASSED on first reading on August 25, 2015.
PASSED AND ADOPTED on sec o g on September 8, 2015.
ATTEST:
LOUISE STILSON, CMC O A. SALVINO, SR.
CITY CLERK � A�, AYOR
APPROVED AS TO F A�1D CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL "A"
A parcel described as the South 99.00 feet of the North 431.03 feet of the West 184.50 feet of the
East 219.50 feet of TRACT 9, "NEWMANS SURVEY" OF SECTION 36, and TOWNSHIP 50
SOUTH, RANGE 41 EAST, as recorded in Plat Book 2, Page 26, of the Public Records of
Miami-Dade County, Florida. LESS the South 4.00 feet of the East 103.72 thereof.
PARCEL`B"
A Portion of Tract 9, Section 36, Township 50 South, Range 41 East. Broward County, Florida,
and more particularly described as follows:
The South 117.52 feet of the North 544.55 feet of the West 322.55 feet of the East 357.55 feet of
TRACT 9, "NEWMANS SURVEY" OF SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41
EAST, as recorded in Plat Book 2, Page 26, of the Public Records of Miami-Dade County,
Florida;
LESS AND EXCEPT THE FOLLOWING:
Commence at the most Northeasterly corner of the South 117.52 feet of the North 544.55 feet of
the West 322.55 feet of the East 357.55 feet of TRACT 9, "NEWMANS SURVEY" OF
SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41 EAST, as recorded in Plat Book 2, Page 26,
of the Public Records of Miami-Dade County, Florida; Thence South 03°03'39"East, a distance
of 4.00 feet; Thence South 87°49'48" West, a distance of 80.78 feet; Thence North 03°03'39"
West, a distance of 4.00 feet; Thence North 87°49'48"East, a distance of 80.78 feet to the Point
of Beginning.
PARCEL" C"
The South 212.52 feet of the North 544.55 feet of the West 293.05 feet of the East 512.55 of
TRACT 9, "NEWMANS SURVEY" OF SECTION 36, TOWNSHIP 50 SOUTH RANGE 41
EAST, according to the Plat thereof, as recorded in Plat Book 2, Page 26, of the Public Records
of Miami-Dade County, Florida.
LESS the South 117.52 feet of the East 138.05 thereof.
Said lands situate, lying and being in Broward County, Florida.
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EXHIBIT`B"
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