HomeMy WebLinkAboutO-2016-020 Choate Rezoning (RZ-70-16) ORDINANCE NO. 2016-020
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY STEPHANIE
TOOTHAKER, AGENT FOR THE PROPERTY OWNER FLORIDA
ARTMARINE, LLC, TO REZONE PROPERTY LOCATED AT 3100 STATE
ROAD 84, DANIA BEACH, FLORIDA; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM NEIGHBORHOOD
OFFICE AND BANKING DISTRICT (C-1) TO INDUSTRIAL-RESEARCH
OFFICE-MARINE AIRPORT APPROACH (IROM-AA), 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"), Stephanie Toothaker, Esq., agent for the property owner,
Artmarine, LLC (the "Applicant"), has applied to the City of Dania Beach (the "City") for
approval of a rezoning (Application RZ-70-16) for property legally described in Exhibit "A";
and
WHEREAS,the City Planning and Zoning Advisory Board, sitting as the Local Planning
Agency, held a duly advertised public hearing on August 17, 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. That the rezoning request (RZ-70-16) filed by Stephanie Toothaker, Esq.,
agent for the property owner Artmarine, LLC, for property located at 3100 State Road 84, in the
City of Dania Beach, Florida, is granted and the parcel legally described in Exhibit "A" is
rezoned from Neighborhood Office and Banking District (C-1) to the Industrial-Research Office-
Marine Airport Approach (IROM-AA) zoning classification, a copy of which request 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. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 6. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
PASSED on first reading on September 27, 2016.
PASSED AND ADOPTED on second reading on October 10, 2016.
dap"S FI�gT
ATTEST:
100
LOUISE STILSON, CMC O A. SALVINO, SR.
CITY CLERK i �,a AYOR
ATE9 1
APPROVED AS TO F I CORRECTNESS:
r
.
THOMAS . ANSB
CITY ATTORNEY
2 ORDINANCE#2016-020
EXHIBIT "A"
LEGAL DESCRIPTION
ARTMARINE TRACT, ACCORDING TO THE Plat thereof, as recorded in Plat Book 140,
Page 3 of the Public Records of Broward County, Florida; Less; that portion of Tract B of
ARTMARINE TRACT lying within the East 220 feet of Section 19, Township 50 South, Range
42 East.
3 ORDINANCE#2016-020
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