HomeMy WebLinkAboutO-2017-004 Stellar Comp Plan Amendment Second Reading ORDINANCE NO. 2017-004
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP
(LU-121-15) OF THE DANIA BEACH COMPREHENSIVE PLAN
PURSUANT TO A REQUEST SUBMITTED BY GREENSPOON MARDER,
P.A./DENNIS MELE, ESQ. ON BEHALF OF THE PROPERTY OWNER,
STIRLING ALYA LLC, TO CHANGE THE LAND USE OF
APPROXIMATELY 8.3 GROSS ACRES AS LEGALLY DESCRIBED IN
EXHIBIT "A" ATTACHED TO THIS ORDINANCE, FROM COMMERCIAL—
1.6 GROSS ACRES AND LOW (5) RESIDENTIAL — 6.7 GROSS ACRES TO
IRREGULAR (23.74) RESIDENTIAL — 8.3 GROSS ACRES FOR PROPERTY
LOCATED AT 2851 STIRLING ROAD; PROVIDING FOR TRANSMITTAL
TO THE BROWARD COUNTY PLANNING COUNCIL AND STATE
AGENCIES; PROVIDING FOR ADOPTION PURSUANT TO SECTION
163.3184, FLORIDA STATUTES; REQUESTING RECERTIFICATION FROM
THE BROWARD COUNTY PLANNING COUNCIL; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.3184, Florida Statutes, the Applicant, Greenspoon
Marder P.A./Dennis D. Mele, Esq., on behalf of the property owner, Stirling Alya, LLC, has
applied to the City of Dania Beach, Florida (the "City"), for approval of a Future Land Use Map
("FLUM") Amendment to the Comprehensive Master Plan (the "Comprehensive Plan") from
Commercial (1.6 gross acres) and Low (5) Residential (6.7 gross acres) to Irregular (23.74)
Residential (8.3 gross acres) on an approximately 8.3 acre parcel located at 2851 Stirling Road
and legally described in Exhibit"A"; and
WHEREAS, the City Commission of the City of Dania Beach has conducted duly
noticed public hearings, in accordance with Section 163.3184(l1), Florida Statutes, on the
proposed FLUM Amendment; and
WHEREAS, staff recommended approval of the requested FLUM Amendment in its
report dated January 20, 2016; and
WHEREAS, the City's Planning and Zoning Board, sitting as the Local Planning
Agency, voted at its January 20, 2016 meeting to recommend approval of a request for a higher
residential density; and
WHEREAS, after reviewing the Local Planning Agency's recommendation, the
recommendation of City staff, and the comments from the public, the City Commission finds the
proposed FLUM Amendment to the City's Comprehensive Plan, for the Property, legally
described in Exhibit "A", is in compliance with and consistent with Florida law and its adopted
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 incorporated as the
legislative intent of this Ordinance.
Section 2. That pursuant to Section 163.3184, Florida Statutes, the FLUM
Amendment to the Comprehensive Plan for the Property, legally described in Exhibit "A," from
Commercial (1.6 gross acres) and Low (5) Residential (6.7 gross acres) to Irregular (23.74)
Residential (8.3 gross acres) is adopted.
Section 3. That the City staff is authorized to transmit an application to the Broward
County Planning Council to request amendment of the Broward County Land Use Plan Map, to
request that the Broward County Planning Council concurrently transmit the City FLUM
Amendment to the Florida Department of Economic Opportunity and other state agencies
pursuant to the requirements of Chapter 163.3184, Florida Statutes, and to request recertification
of the City's Future Land Use Plan including the Future Land Use Plan Map.
Section 4. That the provisions of this Ordinance are declared to be severable, and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance, but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 5. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with the provisions of this Ordinance are repealed to the extent of such
conflict.
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Section 6. This Ordinance shall become effective immediately upon passage and
adoption.
PASSED AND ADOPTED on first reading on May 23, 2017.
PASSED AND ADOPTED on second final reading on February 13, 2018.
ATTEST: m�� 's F1T��ry
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LOUISE STILSON, CMC AMARA JANt
CITY CLERK �ti �a MAYOR
APPROVED AS O FORM AND CORRECTNESS:
THON AS J. S RO
CITY ATT E
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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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