HomeMy WebLinkAboutO-2024-008 (RZ-81-23) Rezoning Academy BusORDINANCE NO. 2024-~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST, MADE BY FRANMAR
PROPERTIES OF SOUTH FLORIDA LLC FOR PROPERTY LOCATED AT
2171, 2181, AND 2191 SW 42nd STREET IN THE CITY OF DANIA BEACH,
FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH
IS ATTACHED AND INCOPORATE BY REFERENCE INTO THIS
ORDINANCE, TO REZONE THE SUBJECT SITE FROM M-2 (GENERAL
MANUFACTURING AND INDUSTRIAL, A BROW ARD COUNTY ZONING
DISTRICT, TO IROM-AA (INDUSTRIAL RESEARCH, OFFICE AND
MARINE DISTRICT AND INDUSTRIAL RESEARCH, OFFICE AND MARINE
AIRPORT APPROACH DISTRICT) (APPLICATION NO. RZ-081-23), A CITY
OF DANIA BEACH ZONING DISTRICT, SUBJECT TO CERTAIN
RESTRICTIONS , PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 13 , 2023 , via Broward Delegation, and City of Dania Beach
Ordinance 2022-005 Approved on Janmuy 11 , 2022, the property located at 2 171-2191 SW 42nd
Street (hereinafter "the Property" or "Parcel"), was incorporated into the City of Dania Beach from
Broward County; and
WHEREAS, on Januaiy 23 , 2024, the C ity updated the City's Comprehensive Plan, Futme
Land Use Map, in order to make the newly annexed Property consistent w ith the futme land use
of the ai·ea; and
WHEREAS, the City's Comprehensive Plan at the Futme Land Use Map (FLUM),
designates the Prope1ty identified in Exhibit "A" as Industrial; and
WHEREAS, the Applicant now seeks to bring the Property into compliance with the
City's Land Development Regulations, and Zoning Map, as the Broward co unty zoning
designations are no longer applicable to the Prope1ty; and
WHEREAS, pmsuant to Chapter 28 , entitled "Land Development Code," (LDC) of Part
6, entitled "Development Review Procedures and Requirements," Article 645 "Rezoning" of the
City Code of Ordinances (the "City Code"), Franmar Prope1ties of South Florida LLC (the
"Applicant") has applied to the City of Dania Beach (the "City") for approval of a Rezoning (RZ -
081-23) from M-2 to !ROM-AA for property generally located at 2 17 1, 2181 , and 2191 SW 42 nd
Street, as legal ly described in Exhib it "A;" a copy of which is made a pa1t of and incorporated into
this Ordinai1ce by this reference ; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency
(the "LPA"), held a duly adve1ti sed public hearing on December 20, 2 023, and determined that the
proposed rezoning is consistent with the goal s and obj ectives of the City of Dani a Beach
Comprehensive Plan, and therefore, recommended approval of the proposed Rezoning (RZ-081-
23) request; and
WHEREAS, the rezoning of the parcel to IROM-AA is consistent w ith the City 's FLUM;
and
WHEREAS, the City Commission is required to conduct two (2) duly noticed public
hearings in accordance with law; and
WHEREAS, the City Commissi on finds that the approval of the proposed Rezoning (RZ-
081-23 ) will protect the public health, safety, and welfare of the residents of the City, and fmther
t he purpose, goals, objectives, and policies of the Comprehensive Plan.
N OW, 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 part of a specific part of this Ordinance.
Section 2 . That pursuant to Chapter 28 "Land Development Code," P art 6 "Development
Review Procedures and Requirements," Article 645 "Rezoning" of the City Code, the Rezoning
r equest (RZ-081-23) from M-2 to IROM-AA, for the Property generally located at 217 1, 2 181 ,
and 2191 SW 42 nd Street, as legally described in Exhibit "A," is approved.
Section 3. That issuance of a development pennit by a municipality does not in any way
create any right on the p mt of an applicant to obtain a pennit from a state or deferral agency and
do es not create any liability on the pmt 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 unde1takes actions that result in a vio lation of state or federa l law.
Section 4. That if any section , clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a comt of competent jurisdiction, the h olding shall not
affect the validi ty of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are repealed to the extent of such conflict.
Section 6. That this Ordinance shall be effective 10 days after p assage.
2 ORD INANCE #2 024-@
PASSED 011 frrst reading 011 :i=l;\?{U..Q){L,J l,, 1 , 2024.
PASSED AND ADOPTED on second reading on \-Jllr:Cb I Z, , 2024.
First Reading:
Motion by: 'Sj1(-{_ Mlll{C( I .-l WL\LLo
Second by: Cbrrro, SS){X\,V( ~~
Second Readjpg:
Motion by: l..0\'<'rn,,S$i o'O,Q( , )orn..e,S
Second by:\}\c_{.., \.--lC:u..{CX" ( f'..uJf'\lca
FINAL VOTE ON ADOPTION:
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
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APPROVED AS TO FORM AND CORRECTNESS:
RNEY
3
ARCHIBALDJ. R
MAYOR
ORDINANCE #2 024 -W
LEGAL DESCRIPTION
LEGAL DESCRIPTION:
PARCEL 1
LOT 5, BLOC K 1, LESS l'HE SOU TH 15 FEET, RAVENSWOOD PARK, A SUBD IVISION ACCORDING TO TH E PLAT
THEREOF, RECORD ED IN P L AT BOOK 30, PAGE 31, OF l'HE PUB LI C RECORDS OF BROWARD COUNTY, FLORI DA.
P ARC EL 2 AN D 3
LOTS 6 AND 7 , BLOCK 1, "RAVENSWOOD PAR K", ACCORD ING TO THE PLAT THEREOF, AS RECORDED IN PLA T BOOK
30, PAG E 31, OF THE PUB LI C RECORDS OF BROWARD COUNTY, FLORIDA.
4 ORDINANCE #2 024-11Jb
Legend
EXHIBIT A
Proposed Lots for Rezoning
LJ Parcels Proposed Parcels
CJ Dania Beach Boundary CJ 1,000 ft Buffer
5
N
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D•le: 11/15/2023
ORDINANCE #2 024-__DOO