HomeMy WebLinkAboutO-2022-012 John Schaaf (Dania Preserve) Rezoning (RZ-067-21) and Flexibility Units Allocation ORDINANCE NO. 2022-012
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST OF THE PROPERTY
OWNER JOHN SCHAAF, TO REZONE LAND AND ALLOCATE
FLEXIBILITY UNITS FOR LAND BEARING THE ADDRESS OF 4900 SW 31
AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY
DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS
ORDINANCE; AMENDING THE CURRENT ZONING CLASSIFICATION
FROM ESTATE RESIDENTIAL DISTRICT (E-1) TO RESIDENTIAL
MULTIFAMILY DISTRICT (RM); AND AMENDING THE CITY'S ZONING
MAP TO REFLECT THE REZONING OF THE PARCEL; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS,pursuant to Chapter 28 of the Code of Ordinances of the City of Dania Beach
(the "Code"), which chapter contains the City's Land Development Code (the "LDC"), at Part 6,
entitled"Development Review Procedures and Requirements",at Article 645 entitled"Rezoning",
Greenspoon Marder, LLP, on behalf of SobelCo, LLC, (the "Applicant") has applied to the City
of Dania Beach (the "City") for approval of a Rezoning (RZ-067-21), for property bearing the
address of 4900 SW 31 Avenue, in the City of Dania Beach, as legally described in Exhibit "A"
(the "Property"), a copy of which is made a part of and incorporated into this Ordinance; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on January 26, 2022, and determined that the proposed
rezoning is consistent with the goals and objectives of the City of Dania Beach Comprehensive
Plan(the"Comprehensive Plan"),and therefore,recommended approval of the proposed 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; and
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. That pursuant to Chapter 28,the"Land Development Code,"Part 6,entitled
"Development Review Procedures and Requirements", Article 645 entitled "Rezoning", the
rezoning from the Estate Residential District (E-1) to the Residential Multifamily (RM) zoning
classification for the Property, as legally described in Exhibit"A", is approved.
Section 3. That the 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 does not 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 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.
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 this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on February 8, 2022.
PASSED AND ADOPTED on second reading on June 28, 2022.
ATTEST:
0%4a e
THOMAS SCHNEIDER, CMC TAM JAMES
CITY CLERK Int, EY " MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
E j. B UTSIS
CI ATTORNEY
2 ORDINANCE#2022-012
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; and
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.
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein below is situated in the County of BROWARD. State of Florida, and
described as follows:
The North 100 feet of Lot 11,and the North 100 feet of the West 1/2 of Lot 13,Block 2, in Section
32, Township 50 South, Range 42 East, as shown on the Plat of Sections 28, 29, 31 and 32,
Township 50 South, Range 42 East, Broward County, Florida, recorded in Plat Book 2, Page 32,
of the Public Records of Miami-Dade County, Florida
AND
Lot Twenty one (21), of ROSE MANOR, according to the Plat thereof, as recorded in Plat Book 42,
Page 16, of the Public Records of Broward County,Florida.
AND
All lot 10, Block 2, in Section 32, Township 50 South, Range 42 East, as shown on the Plat of
Sections 28, 29, 31 and 32, Township 50 South, Range 42 East, Broward County, Florida,
recorded in Plat Book 2, Page 32, of the Public Records of Miami-Dade County, Florida.
ALL OF THE ABOVE ALSO KNOWN AS:
All of Lot 10, Block 2,the North 100 feet of Lot 11, Block 2, and the North 100 feet of the West 1/2
of Lot 13,Block 2,PLAT OF SEC'S.28,29,31 AND 32,T.50 S.,R.42 E.,in Section 32,Township
50 South, Range 42 East, according to the Plat thereof, as recorded in Plat Book 2, Page 17, of the
Public Records of Miami-Dade County, Florida. TOGETHER WITH, Lot 21, ROSE MANOR,
according to the Plat thereof, as recorded in Plat Book 42,Page 16, of the Public Records of Broward
County,Florida, and being more particularly described as follows:
BEGIN at the northwest of said Lot 10,Block 2;thence along the North line of said Lot 10,Block 2,
North 88 ° 21'12" East 642.39 feet to the northeast corner of said Lot 10. Block 2; thence along the
East line of said Lot 10,Block 2,South 00°06'24"East,593.74 feet to the northwest corner of said Lot
21; thence along the North line of said Lot 21, North 89°47'26" East, 136.60 feet to the northeast
corner of said Lot 21;thence along the East line of said Lot 21, South 00°12'35"East,24.43 feet to a
point on the arc of a non-tangent curve, (a radial line through said point bears North 45°47'40" West);
thence along said East line and southerly along the arc of said curve being concave to the East,having
a radius of 35.00 feet, a central angle of 88°49'50", an arc distance of 54.26 feet; thence along said
East line, South 00°12'35" East, 1.25 feet to the North line of Tract 13, Block 2; thence South
00°12'09" East, 100.03 feet to a northeast Plat corner of RAVENSWOOD NORTH, according to
the Plat thereof, as recorded in Plat Book 108, Page 45, of the Public Records of Broward County,
Florida;thence along the North line of Block 16 of said RAVENSWOOD NORTH,South 88°21'O1"
West, 809.93 feet to the northwest Plat corner of said RAVENSWOOD NORTH, said point being
on the West line of aforesaid Lot 10,Block 2 and the West line of said Section 32;thence along said
West lines,North 00°18'25" East, 772.09 feet to the Point of Beginning.
Said lands situate, lying and being in the City of Dania Beach,Broward County, Florida and
containing 524,125 square feet, 12.032 acres,more or less.
3 ORDINANCE#2022-012