HomeMy WebLinkAboutO-2023-019 Rezoning Property Located at CW Thomas Park (App. No. RZ-074-23)ORDINANCE NO. 2023- ®�
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE CITY OF
DANIA BEACH TO REZONE PROPERTY LOCATED AT 100 NW 8 AVENUE,
DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A";
CHANGING THE CURRENT ZONING CLASSIFICATION OF THE
PROPERTY FROM NEIGHBORHOOD RESIDENTIAL (NBHD-RES) TO
OPEN SPACE (OS) (APPLICATION NO. RZ-074-23), 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 CODIFICATION, 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"), the City of Dania Beach, Owners (the "Applicant"), has applied
to the City of Dania Beach (the "City") for approval of a rezoning (Application RZ-074-23) for
property located at 100 NW 8 Avenue, Dania Beach, Florida 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 September 21, 2023, 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 rezoning is consistent with the Future Land Use Map (FLUM) of the
Comprehensive Plan which designates this area as Regional Activity Center; 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-074-23) from Neighborhood Residential (NBHD-RES) to Open Space (OS) District,
for the property located at 100 NW 8 Avenue, 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 10 days after passage.
PASSED on first reading on ('YbCK 10 , 2023.
PASSED AND ADOPTED on second reading on OCR d 9a 24 , 2023.
First Reading: Motion by: Ck_ml SS j ay- r `klu ,5
Second by:l..F'—mi sSic1erPavis
Second Reading:
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2 ORDINANCE #2023-
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis
Commissioner Tamara James
5
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST:
ELORANR4FRA, MMMC
CITY CLERK
AftlSHE-9y
APPROVED AS TO FORM AND CORRECTNESS:
Y. BOUTSIS
ATTORNEY
ORDINANCE #2023- U A
EXHIBIT "A"
LEGAL DESCRIPTION
ALL THAT PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST
QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION THIRTY-
FOUR (34), TOWNSHIP FIFTY (50) SOUTH, RANGE FORTY-TWO (42) EAST, LYING
WEST OF BLOCK THIRTY (30) OF THE TOWN OF MODELO (NOW DANIA),
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK `B", PAGE 49, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LANDS SITUATE, LYING
AND BEING IN BROWARD COUNTY, FLORIDA.
LESS AND EXCEPT THEREFROM PUBLIC RIGHT-OF-WAY FOR NW 8TH AVENUE,
TOGETHER WITH:
LOTS ONE (1) THROUGH TEN (10), INCLUSIVE, BLOCK ONE (1), "WEST MOORLAND",
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 8, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A
TWENTY-FIVE (25) FOOT RIGHT-OF-WAY FOR NW LOTH AVENUE, LYING EASTERLY
OF SAID BLOCK ONE (1).
SUBJECT TO:
THAT PORTION OF UNRECORDED PUBLIC RIGHT-OF-WAY, ADJACENT TO THE
ABOVE DESCRIBED LANDS, BEING THE EASTERLY EXTENSION OF NW 1ST STREET
AND NW 2ND STREET, INTERSECTING NW 8TH AVENUE.
4 ORDINANCE #2023-QA
EXHIBIT "B"
ORDINANCE #2023-_On
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