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HomeMy WebLinkAboutO-2016-018 David Optekar Rezoning (RZ-60-16) ORDINANCE NO. 2016-018 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DAVID OPTEKAR, OWNER OF THE PROPERTY, TO REZONE LAND GENERALLY LOCATED ON THE SOUTH SIDE OF DANIA BEACH BOULEVARD AT 850 W. DANIA BEACH BOULEVARD LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM COMMERCIAL (C-1) DISTRICT TO NEIGHBORHOOD RESIDENTIAL (NBHD-RES) DISTRICT (RZ-60-16), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, entitled "Land Development Code,"(LDC) of Part 6, entitled "Development Review Procedures And Requirements," Article 645 "Rezoning" (the "City Code"), David Optekar, the property owner (the "Applicant"), has applied to the City of Dania Beach (the "City") for approval of a rezoning (Application RZ-60-16) for property legally described in Exhibit"A" (the "Property"); and WHEREAS, the City Planning and Zoning Advisory Board sitting as the Local Planning Agency, held a duly advertised public hearing on July 20, 2016 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 further 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" the rezoning from Commercial (C-1) District to Neighborhood Residential (NBHD-RES) District zoning classification for the Property, 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 the 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 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 August 23, 2016. PASSED AND ADOPTED on second reading on September 27, 2016. ATTEST: LOUISE STILSON, CMC CO A. SALVINO, SR. CITY CLERK , f AYOR APPROVED AS TO FORM 'M AND CORRE T S: As�v 1 THOMAS Jr' N RO CITY ATT RNEY 2 ORDINANCE#2016-018 EXHIBIT "A" LEGAL DESCRIPTION A portion of Block 2, HENRY PARK, according to the plat thereof as recorded in Plat Book 24, Page 27 of the Public Records of Broward County, Florida, together with a portion of the right- of-way of Southwest 11th Avenue as shown on said HENRY PARK and as vacated by City of Dania Beach Resolution Number 41 — 86, recorded in official Records Book 15163, Page 973 of the Public Records of Broward County, Florida, being more particularly as follows: BEGINNING at the Northwest corner of said Block 2; THENCE North 90 degrees 00'00" East on the North line of said Block 2, a distance of 117.09 feet; THENCE South 12 degrees 15' 06" West, 49.13 feet; THENCE SOUTH 00 DEGREES 30' 30" West, 205.61 feet to the intersection with the South line of the North 253.61 feet of said Block 2; THENCE South 90 degrees 00'00" West on said South line and it's Westerly projection, 127.09 feet to the intersection with the West boundary of said plat of HENRY PARK; THENCE North 00 degrees 30' 30" East on the West boundary, a distance of 223.62 feet; THENCE North 90 degrees 00' 00" East on the Northerly limits of that portion of Southwest 1 Ith Avenue vacated by said City of Dania Beach Ordinance Number 41-86, a distance of 20.00 feet to the intersection with the West line of said Block 2; THENCE North 00 degrees 30' 30" East on the West line of said Block 2, a distance of 30 feet to the POINT OF BEGINNING. Said lands lying in the City of Dania Beach, Broward County, Florida and containing a total area of 31,871 square feet "0.7317 acres" more or less, and located at 850 West Dania Beach Blvd, Dania Beach, Florida. 24-FOOT INGRESS/EGRESS EASEMENT VICTORY VILLAS PORTION OF BLOCK 2, "HENRY PARK" CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA A portion of Block 2, HENRY PARK, according to the plat thereof as recorded in Plat Book 24, page 27 of the public records of Broward County, Florida, being more particularly described as follows: COMMENCE at the Northwest corner of said Block 2; THENCE North 90 degrees 00' 00" East on the North line of said Block 2, a distance of 117.09 feet to the POINT OF BEGINNING; THENCE continue North 90 degrees 00' 00" East on the North line of said Block 2 a distance of 24.56 feet; THENCE South 12 degrees 15' 06" West, a distance of 51.87 feet; THENCE South 00 degrees 30' 30" West, a distance of 202.93 feet to the intersection with the South line of the North 253.61 feet of said Block 2; THENCE South 90 degrees 00' 00" West on said South line, a distance of 24 feet; THENCE North 00 degrees 30' 30"East, a distance of 205.61 feet; THENCE North 12 degrees 15' 6" East a distance of 49.13 feet to the POINT OF BEGINNING; Said lands lying in the City of Dania Beach, Broward County, Florida and containing 6,114 square feet (0.1404 acres)more or less. 3 ORDINANCE#2016-018