HomeMy WebLinkAboutO-2017-017 7-Eleven Rezoning (RZ-43-17) ORDINANCE NO. 2017-017
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BOWMAN
CONSULTING GROUP, LTD., AGENT FOR THE PROPERTY OWNER
GURU SHAKTI GROUP LLC, TO REZONE PROPERTY LOCATED AT 30
SW 16TH STREET, DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED
IN EXHIBIT "A"; CHANGING THE CURRENT ZONING CLASSIFICATION
OF THE PROPERTY FROM RESIDENTIAL OFFICE (RO) DISTRICT TO
SOUTH FEDERAL HIGHWAY MIXED USE (SFED-MU) DISTRICT
(APPLICATION NO. RZ-43-17), 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"), Bowman Consulting Group, Ltd., agent for the property
owner, Guru Shakti Group LLC (the "Applicant"), has applied to the City of Dania Beach (the
"City") for approval of a rezoning (Application RZ-43-17) for property located at 30 SW 16tn
Street as legally described in Exhibit "A"; a copy of which is made a part of and incorporated
into this Ordinance by this reference; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on May 17, 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. That 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-43-17) from Residential Office (RO) District to the South Federal Highway Mixed
Use (SFED-MU) District, for the property located at 30 SW 16�h Street, in the City of Dania
Beach, Florida, as legally described in Exhibit"A," is hereby approved.
Section 3. That 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 June 27, 2017.
PASSED AND ADOPTED on second reading on July 25, 2017.
ATTEST:
LOUISE STILSON, CMC , ZTAMARA JA S.
CITY CLERK MAYOR r5
ATEV �
APPROVFp AS,rf FO ND CORRECTNESS:
TH M S J. ANsk3R
CIT"TTORNEY
2 ORDINANCE#2017-017
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 6, Less the South 15.00 feet thereof, Block 43, North Hollywood, according to
the Map or Plat thereof, as recorded in Plat Book 4, Page(s) 1, of the Public
Records of Broward County, Florida.
3 ORDINANCE 42017-017