HomeMy WebLinkAboutO-2018-003 Stellar Rezoning (RZ-104-17) ORDINANCE NO. 2018-003
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
OWNER, STIRLING ALYA LLC, TO REZONE PROPERTY LOCATED AT
2851 STIRLING 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 RS-6000 (SINGLE FAMILY
6000) AND C-2 (COMMUNITY BUSINESS) TO MULTI-FAMILY 25 DU/AC
(RM-2), (APPLICATION NO. RZ-104-17) 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 owner, Stirling Alya, LLC, 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-104-
17); and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency
(the "LPA"), held a duly advertised public hearing on November 15, 2017 and recommended
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 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-104-17) from RS-6000 (single family 6000) and C-2 (community business) to
Multi-Family 25 du/ac (RM-2), (Application no. RZ-104-17), at 2851 Stirling Road in the City
of Dania Beach, Florida as legally described in Exhibit"A," is 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 upon(i)the passage and adoption on
second reading, and(ii)the execution and recordation of the Declaration.
PASSED on first reading on January 9, 2018.
PASSED AND ADOPTED on second reading on February 13, 2018.
O�pRpIs F/ T
ATTEST:
LOUISE STILSON, CM C TAMARA JAM US
CITY CLERK MAYOR
ATED 1
APPROVED AQ ORM AND CORRECTNESS:
THOMAS J. NSBRO
CITY ATTORNEY
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EXHIBIT `A'
Legal Description
PARCEL "A", "ST. MAURICE PLAT", ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 101, PAGE 17, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
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