HomeMy WebLinkAboutO-2020-004 BEJL 4200 4200 Real Estate Rezoning (RZ-131-19) and Flex Units Allocation (OT-139-19) (Sheridan House)ORDINANCE NO.2020-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST, MADE BY LEIGH
ROBINSON KERR & ASSOCIATES, INC. AND GREENSPOON MARDER,
ON BEHALF OF BEJL 4200 REAL ESTATE, LLC, FOR A REZONING (RZ-
131-19) AND FLEXIBILITY UNITS ALLOCATION (OT-139-19) FOR
PROPERTIES GENERALLY LOCATED AT 4200 SW 54TH COURT 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 COMMUNITY FACILITIES (CF) AND SINGLE-
FAMILY 8000 RESIDENTIAL DISTRICT (RD-8000) TO MULTIPLE -
FAMILY (25 DU/AC) RESIDENTIAL DISTRICT (RM-2), 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"), Leigh Robinson Kerr & Associates, Inc. and Greenspoon
Marder, on behalf of BEJL Real Estate, LLC (the "Applicant") have applied to the City of Dania
Beach (the "City") for approval of a Rezoning (RZ-131-19) from CF and RD-8000 to RM-2 and
a Flex Units allocation of 174 units (OT-139-19) for properties generally located at 4200 SW
54th Court, 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 December 18, 2019 and recommended approval of the
Rezoning (RZ-131-19) and Flex Allocation (OT-139-19) request; 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-131-19) and Flex Allocation (OT-139-19) will protect the 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 "WHEREAS" 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-131-19) from Community Facilities (CF) and Single -Family 8000 Residential
District (RD-8000) to RM-2, for the property generally located at 4200 SW 54"' Court, as legally
described in Exhibit "A," is approved.
Section 3. That the assignment of one hundred seventy-four (174) residential Flex
Units (OT-139-19) from the city-wide, unified Flex Zone for property legally described in
Exhibit "A," is approved.
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 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 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 January 28, 2020.
PASSED AND ADOPTED on second reading on February 25, 2020.
ATTEST:
U, ,�M �� V loell`�
11a't"'6610 •
THOMAS SCHNEIDER, CMC LORI LE
CITY CLERK _ MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THO A J. A
CITY A TORN Y
2 ORDINANCE #2020-004
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION: (PER TITLE COMMITMENT)
PARCEL 2:
PARCEL "A" OF SHERIDAN HOUSE PLAT ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 105, PAGE 50 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA.
PARCEL 3:
THAT PART OF TRACT 9, NEWMAN'S SURVEY OF SECTION 36, TOWNSHIP 50 SOUTH,
RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2,
PAGE 26, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING 35 FEET WEST OF THE
NORTHEAST (NE) CORNER OF TRACT 9, SECTION 36, TOWNSHIP 50 SOUTH, RANGE 41
EAST; THENCE RUN SOUTH 332.02 FEET; THENCE, WEST 224.55 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE WEST 288 FEET; THENCE NORTH 127.5 FEET; THENCE
EAST 288 FEET; THENCE, SOUTH 127.5 FEET TO THE POINT OF BEGINNING.
SAID LAND BEING SITUATED IN CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA
AND CONTAINING 313,909 SQUARE FEET (7.206 ACRES) MORE OR LESS.
3 ORDINANCE 42020-004