HomeMy WebLinkAboutO-2017-037 Phippen Subdivision Rezoning (RZ-34-17) ORDINANCE NO.2017-037
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DENNIS
MELE, ESQ./GREENSPOON MARDER, P.A., AGENT FOR THE PROPERTY
OWNERS SUNSHINE REO XI, LLC AND CF & A HILL FAMILY, LTD, TO
REZONE PROPERTY GENERALLY LOCATED NORTH OF STIRLING
ROAD, SOUTH OF SW 1ST STREET, EAST OF SW 11TH AVENUE AND
WEST OF PHIPPEN ROAD IN THE CITY OF DANIA BEACH, FLORIDA;
CHANGING THE CURRENT ZONING CLASSIFICATION OF THE
PROPERTY FROM NEIGHBORHOOD RESIDENTIAL (NBHD-RES)
DISTRICT TO GENERAL INDUSTRIAL DISTRICT (I-G), (APPLICATION
NO. RZ-34-17) 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"), Dennis Mele, Greenspoon Marder, P.A., agent for the
property owners Sunshine REO XI, LLC and CF & A Hill Family, LTD (the "Applicants"), 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-34-17); and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency
(the "LPA"), held a duly advertised public hearing on May 17, 2017 and did not recommend
approval of the request for a rezoning; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with law; and
WHEREAS, the Applicants have voluntarily proffered to restrict the square footage of
the proposed self-storage facility and permitted uses on the property pursuant to a declaration of
restrictive covenants (the "Declaration") as set forth in the attached Exhibit`B;" 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-34-17) from Neighborhood Residential District (NBHD-RES) classification to the
General Industrial District (1-G) classification, for the property generally located north of Stirling
Road, south of SW lst Street, east of SW I Vh Avenue and west of Phippen Road as legally
described in Exhibit "A," is approved subject to the Applicant's proffered Declaration attached
as Exhibit `B."
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 upon (i)the passage and adoption on
second reading, and (ii)the execution and recordation of the Declaration.
PASSED on first reading on November 14, 2017,
PASSED AND ADOPTED on second reading on December 11, 2017.
2 ORDINANCE#2017-037
ATTEST:
LOUISE STILSON, CMC MARA JAMES
CITY CLERK , AYOR
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APPROVED AST FORM AND CORRECTNESS:
THOM . A S
CITY ATTO Y
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EXHIBIT"A"
LEGAL DESCRIPTION:
LOTS 2, 4, 6, 8, 10 AND 12, BLOCK`B", TOGETHER WITH THE TWENTY FOOT WIDE
ALLEY LYING ADJACENT TO THE WEST LINES OF SAID LOTS OF "GEORGE M.
PHIPPEN'S SUBDIVISION", ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 2, PAGE 90, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA.
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This Instrument prepared by and return to:
Mark J. Lynn, Esq.
Greenspoon Marder, P.A.
200 E. Broward Boulevard
Suite 1800
Fort Lauderdale, FL 33301
Space above this line for processing data Space above this line for processing data
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants ("Covenant") executed this _ day of
2017 by SUNSHINE REO XI, LLC, a Florida limited liability company and CIF & A
HILL FAMILY, LTD, a Florida limited partnership, having an address of
(collectively "Owner"), shall be for the benefit of CITY OF DANIA BEACH, a political subdivision
of the State of Florida, with a post office address at ("City").
WHEREAS, Owner is the fee simple owner of approximately 1.24 acres of land generally
located at the intersection of SW 8th Avenue and SW 1st Street and in the City of Dania Beach,
Florida, and more particularly described in in the attached Exhibit "A" attached hereto and
made a part hereof("Property"); and
WHEREAS, Owner has made an application to City for plat approval for Stirling Hills Plat
(PL-030-17) (the "Plat"); in conjunction with development to be located on the Property
(collectively, "Application"); and
WHEREAS, the Plat is restricted to 125,000 square feet of self-storage use; and
WHEREAS, Owner has offered to enter into this Covenant in order to limit the permitted
uses of the proposed property to self-storage and otherwise uses that are compatible with the
property uses in the surrounding area; and
WHEREAS, Owner agrees to grant this Covenant to the City, and the City agrees to
accept this Covenant in order to place certain restrictions on the development of the Property
upon final approval; and
NOW, THEREFORE, in consideration of the promises and covenants herein contained,
Owner hereby declares that the Property specifically referenced herein shall be owned, held,
used, transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions,
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32403661.1
and regulations hereinafter set forth, all of which shall run with such property and any part
thereof and which shall be binding upon all parties having any right, title or interest in such
property or any part thereof, their heirs, successors and assigns.
NOW, THEREFORE, City agrees and covenants to the following:
1. Recitals. The foregoing recitals are true and correct and are incorporated herein by
reference.
2. Future Land Uses. The uses on the Property shall be limited to the following (subject
to conditions, limitations and restrictions on such uses as set forth in the City Code
of Ordinances ("Code")):
1. Assembly of products from prefabricated parts
2. Self-storage facility
3. Warehousing facilities with up to twenty (20) percent ancillary office space
4. Watchman or caretaker dwelling unit as an accessory use to a primary
marine use or storage facility
5. Business office
6. Data processing and computer centers, including service and maintenance
of electronic data processing equipment
7. Athletic training facility (indoors) including, but not limited to a facility
offering gymnastics, fitness training, boxing, yoga, or dance with no
spectator seating
8. Copy or printing shop
9. Repair of Bicycles in an enclosed building
For purposes of this Declaration, the term "Self Storage" shall mean a system whereby space is
available for rent within a building for purposes of storage of residential and commercial goods
(excluding warehousing), where all such space is accessible only from the inside of the building,
and such spaces are climate controlled, with secure access and, at a minimum, security cameras
installed at the main building entrance and exit points.
THESE RESTRICTIONS ON USES SHALL BE CONSIDERED A RESTRICTIVE COVENANT RUNNING
WITH AND BINDING THE LAND.
3. Recordation and Effective Date. This instrument shall not become effective until recorded
in the Public Records of Broward County, Florida. Once recorded this Covenant shall run
with the land and shall remain in full force and effect and binding upon the undersigned, its
heirs, legal representatives, estate successors, grantees and assigns to the title of the
Property.
4. Severability. If any court of competent jurisdiction shall declare any section,
paragraph or part thereof invalid or unenforceable, then such judgement or decree
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32403661.1
shall have no effect on the enforcement or validity of any other section, paragraph or
part thereof, and the same shall remain in full force and effect.
5. Amendment. This Covenant may be amended only with the prior written consent of
the City, not to be unreasonably withheld, delayed or conditioned.
6. Enforcement. City is the beneficiary of this Covenant and may enforce the
provisions herein by action at law or in equity against any person or persons, entity
or entities, violating or attempting to violate the terms of this Covenant. This
Covenant shall not give rise to any other cause of action by any parties other than
City, and no parties other than City shall be entitled to enforce this Covenant. Any
failure by City to enforce this Covenant shall not be deemed a waiver of the right to
do so thereafter.
[SIGNATURES ON FOLLOWING PAGE]
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32403661.1
IN WITNESS WHEREOF, the undersigned has executed this Declaration of Restrictive
Covenants on this day of , 2017.
SUNSHINE REO XI, LLC, a Florida limited
liability company
By:
Name:
Title:
CF&A FAMILY HILL, LTD., a Florida limited
partnership
BY: , General Partner
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32403661A
EXHIBIT"A"
PROPERTY LEGAL DESCRIPTION
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32403661.1
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6 ORDINANCE 42017-037