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HomeMy WebLinkAboutO-2017-013 Griffin Pointe Rezoning (RZ-10-17) ORDINANCE NO. 2017-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY LEIGH R. KERR, AICP,/LEIGH ROBINSON KERR & ASSOCIATES, INC., AGENT FOR THE PROPERTY OWNER GRIFFIN POINTE PARTNERS, LLLP, TO REZONE PROPERTY LOCATED AT 2281 GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM COMMUNITY BUSINESS DISTRICT (C-2) TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT TO CERTAIN RESTRICTIONS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND 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"), Leigh Robinson Kerr & Associates, Inc., agent for the property owner, Griffin Pointe Partners, LLLP (the "Applicant"), has applied to the City of Dania Beach, Florida (the "City") for approval of a rezoning for property legally described in Exhibit"A" (Application RZ-10-17); and WHEREAS,the City Planning and Zoning Advisory Board, sitting as the Local Planning Agency (the "LPA"), held a duly advertised public hearing on March 15, 2017 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 "Land Development Code," Part 6, "Development Review Procedures And Requirements," Article 645, "Rezoning" of the City Code, the rezoning request (RZ-10-17) from Community Business District (C-2) classification to the General Commercial District(C-3) classification, for the property located at 2281 Griffin Road, as legally described in Exhibit"A," is hereby 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. 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 March 28, 2017. PASSED AND ADOPTED on second reading on April 25, 2017. ATTEST: o�yPa°Is xi�r LOUISE STILSON, C C AMARA JA 'S CITY CLERK YOR TEO 19" APPROVED AS TO O AND CORRECTNESS: (I ( THO S . ANSOM CITY ATTORNEY 2 ORDINANCE#2017-013 McLAUGHLIN ENGINEERING COMPANY L8�V285 ENGINEERING *SURVEYING *PLATTING *LAND PLANNING 1700 N.W. 64th STREET, SUITE 400, FORT LAUDEROAL& FLOR/DA 33309 PHONE (954) 763-7611 * FAX (954) 763-7615 CALF I" = 200' ���18,�?• '�n SKETCH AND DESCRIP77ON TO ACCOMPANY REZONING PE77770N, NOR 1N FROM C-2 TO 0-3 cc FARM "A" y NORTH PORnON ©F PARCEL ",A; oRlmf v P(JYN7r ;I: nfls .SKE (PLA T Bow 178, PG.'S 19 & 20, B.C.R.) 5 W. 45th STREET 25•4VaWSS a EaRsS EASEMENT S.W. 23rd A VE 3 .ct, .�c' '_��. 4�Y. (PA 11.E PC. 44, 8,CR.)r-4 r--- --- — ---- SI7F LA YOUT * NOT TO SCALE V LEGAL DESCRIP770N.- a I i tz m 77re West 8.66 acres of Parcel A, GRIF AI POINTE, according to the plat thereof, as recorded in Plot Book 178, Pages 19 and 20, of the public records of Broward County, Florida, more fully described as follows: Commencing of the Southeast corner of said Parcel A" m f;+1 w a ` - thence North OI UO: 5" West, on the East line of said Parcel :zza distance of 85.45 feet to the Point of Beginning; thence continuing North 013035' West on said East line, a distance h AI '` of 1172.02 feet to the Northeast comer of said Parcel A"• ` thence South 883409' West, on the North line of said Parcel t f vain i I A', a distance of 329.21 feet to the Northwest corner of said I IIQ ° e Parcel A' thence South 013006"East, on the West tine of t I said Parcel A" a distance of 1172.02 feet,• thence North �.I J o m 0 882925"East, a distance of 329.38 feet to the Point of V 4J I Beginning. 4 i e t i ° Said lands situate, lying and being in the City of Dania Beach, I Q V I Broward County, Florida and containing 385,942 square feet or m I 'Q`` 8.8600 acres mare or less. vZi l XE a =�� Ir 7) This sketch reflects all easements and rights—of-way, as 4z ,Z t i shown an above referenced record plat(s). The subject properly b was not abstracted for other easements road reservations or i... �} I ! r y h rights—of—way of record by McLaughlin Engineering Company. 2)Legal desn*ian prepored by McLaughlin Engineering Co. J) Ws drawing is not valid unless sealed with an embossed hy�h ty- I a h(� Zf ! j surveyors seal, I f Z 4) THIS IS NOT A BOUNDARY SURWY. I I 5)Bearings shown assume the refer to record plat (178119 @'20)and assume the most South line ry I of Parcel A' as South 887"0`West k dSn4s � I I i ��4 CER77FICA 7701V 3 Certified Correct. Dated at Fort a Lauderdale, Florida this 16th day of N887925£ February, 2017 .329 2 BS crx/N7r MCLAU NG/NEERi G COMPANY AMI— J (NOT 1NCLUDEO) I D.C.R.. AgWCOR CIXINTYI— ----- ----- I f t �3 PP..s. -aAMv r''NaoYw cK JERALD A. AUG6LIN AWORDS f PQ PACE egistered Land urv. No. 5269 GRIFRN ROAD — STATE ROAD A018 R1W-RlcHT-or-WAY State of Florida. FIELD BOOK NO. DRAWN 8Y JMM�r J08 ORDER NO. V-2143 CHECKED 8Y C.-�JMM?12017/V2143 (PARCELS) 3 ORDINANCE#2017-013