HomeMy WebLinkAboutO-2022-018 3851 Stirling Holdings, LLLP, (Koosh Living) Rezoning (RZ-055-21) and Allocation of Flexibility Units and Commercial Flexibility (OT-057-21)ORDINANCE NO. 2022-018
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST, MADE BY ROD A.
FEINER, ESQ., ON BEHALF OF 3851 STIRLING HOLDINGS, LLLP, FOR A
REZONING (RZ-055-21) AND ALLOCATION OF FLEXIBILITY UNITS AND
COMMERCIAL FLEXIBILITY (OT-05 7-2 1) FOR PROPERTIES GENERALLY
LOCATED AT 3851 STRILING 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 PROPERTIES FROM ESTATE (E-1) TO
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD-1), SUBJECT
TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 28, "Land Development Code," ("LDC") Part 6,
"Development Review Procedures and Requirements," Article 645 "Rezoning" of the City Code
of Ordinances (the "City Code"), 3851 Stirling Holdings, LLLP (the "Applicant") has applied to
the City of Dania Beach (the "City") for approval of a Rezoning (RZ-055-21) from E-lto PRD-1,
an allocation of Flexibility ("Flex") Units and for an allocation of Commercial Flexibility (OT-
057-21) of two hundred twenty one (221) residential units and one-third (1/3) of an acre of
commercial flexibility for properties generally located at 3851 Stirling Road, as legally described
in Exhibit "A;" and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on April 20, 2022, and recommended approval of the
Rezoning (RZ-055-2 1) and Flex Unit and Commercial Flex Allocation (OT-057-2 1) requests; 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 (RZ-
055-21) and Flex Unit and Commercial Flex Allocation (OT-057-21) will protectthe public health,
safety, and welfare of the residents of the City, and further 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 preceding "V�HEREAS" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That pursuant to Chapter 28 "Land Development Code," Part 6
"Development Review Procedures and Requirements," Article 645 "Rezoning," the Rezoning
request (RZ-055-21) from Estate (E-1) to Planned Residential Development District (PRD-1) for
the property generally located at 3851 Striling Road, as legally described in Exhibit "A," is
approved.
Section 3. That the assignment of two hundred twenty one (22 1) residential Flex Units
(OT-057-21) from the city-wide unified Flex Zone for property legally described in Exhibit "A"
is approved.
Section 4. That the assignment of one-third (1/3) of an acre of Commercial Flex (OT-
057-21) from the city-wide unified flex zone for the property legally described in Exhibit "All is
approved.
Section 5. 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 deferral agency
and does not create any liability on the part of the municipality for issuance of the permit if the
applicant fails to first 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 6. 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 7. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 8. That this Ordinance shall be effective immediately upon its passage and
adoption on second reading.
2 ORDINANCE #2022-018
PASSED on first reading on May 10, 2022.
PASSED AND ADOPTED on second reading on May 24,2022.
ATTEST:
THOMAS SCHNEIDER, CMC 0.
EIDER'CMC
CITY CLERK
ISH
APPROVED AS TO FORM AND CORRECTNESS:
A.IBOUTISIS
TTORNEY
TAMARAJ
MAYOR
ORDINANCE #2022-018
EXHIBIT "A"
LEGAL DESCRIPTION
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WITHIN 53 OF S/L FOR RD
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OT47.21
REZONNG
FLEX LINtTALLOCATION
APFUCANT
KOOSH UVM
PROPERTY ADDRESS
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BEFORE
4 ORDINANCE #2022-018