HomeMy WebLinkAboutO-2022-024 SPG Port 95 2 LLC (Seagis) Rezoning (RZ-022-22) ORDINANCE NO. 2022-024
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY TRACY
LAUTENSCHLAGER,AGENT FOR THE PROPERTY OWNER, SPG PORT 95
2 LLC, TO REZONE PROPERTY LOCATED AT 3410 SW 26 TERRACE,
DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A";
CHANGING THE CURRENT ZONING CLASSIFICATION OF THE
PROPERTY FROM RM-1 TO IROM-AA (APPLICATION NO. RZ-022-22),
SUBJECT TO CERTAIN RESTRICTIONS; AND AMENDING THE CITY'S
ZONING MAP TO REFLECT THE REZONING OF THE PARCEL, AS
REFLECTED IN EXHIBIT "B"; 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"), Tracy Lautenschlager,Agent For The Property Owner SPG Port
95 2 LLC (the "Applicant"), has applied to the City of Dania Beach(the"City") for approval of a
rezoning (Application RZ-022-22) for property located at 3410 SW 26 Terrace and legally
described in Exhibit"A"; a copy of which is made a part of and incorporated into this Ordinance
by this reference; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on June 22,2022,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;
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 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-022-22) from RM-1 to the IROM-AA District, for the property located at 3410 SW
26 Terrace, in the City of Dania Beach, Florida, as legally described in Exhibit"A," is approved.
Section 3. That the City's zoning map is amended, as described in Exhibit"B", which
exhibit is attached and incorporated by reference into this Ordinance.
Section 4. 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 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 July 12, 2022.
PASSED AND ADOPTED on second reading on August 23, 2022.
ATTEST:
v` BFq^
/4"A r 4 _ • B
THOMAS SCHNEIDER, CMC TAMARA J ME
CITY CLERK �► 40 MAYOR
\•4BUSHO
APPROVED AS TO FORM AND CORRECTNESS:
A. BOUTSIS
Y ATTORNEY
2 ORDINANCE#2022-024
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. That 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
ALL THAT PORTION OF PARCEL A OF THE RAVENSWOOD 26TH AVE. FLL AIRPORT
PLAT (PLAT 7), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK
162, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, THAT IS
PRESENTLY ZONED RM -1, WHICH IS APPROXIMATELY THE NORTH 160' FEET OF
SAID PARCEL.
3 ORDINANCE#2022-024
EXHIBIT "B"
BEFORE AFTER
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PROPOSED ZONING DISTRICT- - dt
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Legend = _
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4 ORDINANCE#2022-024
t 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 July 12, 2022.
PASSED AND ADOPTED on second reading on August 23, 2022.
ATTEST:
v` BFq^
/4"A r 4 _ • B
THOMAS SCHNEIDER, CMC TAMARA J ME
CITY CLERK �► 40 MAYOR
\•4BUSHO
APPROVED AS TO FORM AND CORRECTNESS:
A. BOUTSIS
Y ATTORNEY
2 ORDINANCE#2022-024
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. That the foregoing "Whereas" clauses are ratified and confirmed as being
true and correct and they are made a specific part of this Ordinance.