HomeMy WebLinkAboutO-2017-038 BCD Dania Oaks Rezoning (RZ-25-17 OT-72-17) 2nd Reading ORDINANCE NO. 2017-038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BCD DANIA
OAKS, LLC, TO REZONE PROPERTY LOCATED AT 5501 AND 5525 SW
40' AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA AS LEGALLY
DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO
THIS ORDINANCE; CHANGING THE ZONING CLASSIFICATION OF THE
PROPERTY FROM SINGLE FAMILY 6000 RESIDENTIAL DISTRICT (RS-
6000) TO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD-1),
SUBJECT TO CERTAIN RESTRICTIONS, AND PROVIDING FOR THE
ALLOCATION OF 21 RESIDENTIAL FLEX UNITS, 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"), BCD Dania Oaks, LLC, (the "Applicant"), has applied to
the City of Dania Beach, Florida (the "City"), for approval of a rezoning (RZ-25-17) and a
related residential flex unit allocation (OT-72-17) for property legally described in Exhibit "A";
and
WHEREAS,the City Planning and Zoning Advisory Board, sitting as the Local Planning
Agency (the "LPA"), held a duly advertised public hearing on July 19, 2017, and determined that
the proposed rezoning and related residential flex unit allocation is consistent with the City of
Dania Beach Comprehensive Plan (the "Comprehensive Plan"), and therefore, recommended
approval of the requested applications; 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 rezoning and related
residential flex unit allocation 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
and City Code;
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-25-17) from Single Family 6000 Residential District (RS-6000) to Planned
Residential Development District (PRD-1), for the property located at 5501 and 5525 SW 40th
Avenue, as legally described in Exhibit"A," is approved.
Section 3. Concurrent with the approved rezoning to Planned Residential
Development District (PRD-1), the assignment of twenty-one (21) residential flex units from
Flex Zone 81 (OT-72-17), for the property located at 5501 and 5525 SW 40th Avenue, as legally
described in Exhibit"A," is approved.
Section 4. 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 5. 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 6. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 7. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
PASSED on first reading on November 14, 2017.
PASSED AND ADOPTED on second reading on January 9, 2018.
ATTEST: o�1P�Is Fier
LOUISE STILSON, CMC 1 AMARA J E
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRE
�F,4 (\Nl\s-
THOMA J. A S 7YONCIfY ATTORNEY
2 ORDINANCE#2017-038
SECOND READING
EXHIBIT"A"
LEGAL DESCRIPTION
The South 85.00 feet of the North 714.50 feet of the East 512.50 feet of Tract 9, and the West
125 feet of the South 212.50 feet of the North 927.00 feet of the East 512.50 feet of Tract 9, in
Section 36, Township 50 South, Range 41 East of Newman's Survey, as recorded in Plat Book 2,
Page 26, of the Public Records of Miami-Dade County, Florida; said land situate, lying and
being in Broward County, Florida; excepting therefrom the East 35 feet for road right-of-way.
AND:
The South 85.01 feet of the North 629.05 feet of the East 512.5 feet of Tract 9, in Section 36,
Township 50 South, Range 41 East of Newman's Survey, as recorded in Plat Book 2. Page 26, of
the Public Records of Miami-Dade County, Florida; said land situate, lying and being in
Broward County, Florida; excepting therefrom the East 35 feet for road right-of-way.
3 ORDINANCE#2017-038
SECOND READING