HomeMy WebLinkAboutO-2016-019 Dania Beach Marina Corp Rezoning (RZ-71-16) ORDINANCE NO. 2016-019
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DANIA BEACH
MARINA, CORP, OWNER OF THE PROPERTY, TO REZONE LAND
GENERALLY LOCATED TO THE NORTH OF DANIA BEACH BOULEVARD,
AT 90 N. BRYAN ROAD, LOCATED WITHIN THE CITY OF DANIA BEACH,
FLORIDA, CHANGING THE CURRENT ZONING CLASSIFICATION OF THE
PROPERTY FROM INDUSTRIAL RESEARCH OFFICE MARINE (IROM)
DISTRICT TO GENERAL BUSINESS (C-3) DISTRICT (RZ-71-16), 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"), Dania Beach Marina Corp (the "Applicant"), has applied
to the City of Dania Beach (the "City") for approval of a rezoning from the Industrial Research
Office Marine (IROM) District to the General Business (C-3) District (Application RZ-71-16),
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 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, the requested rezoning (RZ-71-16) from the Industrial Research Office Marine (IROM)
District to the General Business (C-3) District 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 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 August 23, 2016.
PASSED AND ADOPTED on second reading on September 27, 2016.
ATTEST: m�
LOUISE STILSON, CMC O A. SALVINO, SR.
CITY CLERK �� � AYOR
APPROVED AS FO ND CORRECTNESS:
THOMA J. SB O
CITY ATTORNEY
2 ORDINANCE#2016-019
EXHIBIT "A"
LEGAL DESCRIPTION
All of Parcel A, BRYAN ROAD WAREHOUSES, according to the plat thereof, as
recorded in Plat Book 170, Page 112 of the Public Records of Broward County,
Florida; Together with a 40 foot strip of land lying adjacent to and contiguous with
the easterly boundary of said Parcel A.
3 ORDINANCE 42016-019