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HomeMy WebLinkAboutO-2005-006 Small Scale Bay Cove SiteORDINANCE NO. 2005-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING THE REQUEST FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 5.1 ACRE SITE FROM LOW (5) RESIDENTIAL TO RECREATION AND OPEN SPACE, LOCATED NORTH OF SW 45 T11 STREET, SOUTH OF THE DANIA CUT-OFF CANAL AND IMMEDIATELY EAST OF SW 25 TERRACE AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.3187(l)(c), Florida Statutes, the City of Dania Beach (the "City") proposes to amend the Future Land Use Map of the City's Comprehensive Plan (the "Comprehensive Plan") from Low (5) Residential to Recreation and Open Space on approximately 5.1 acres of property ("Small Scale Amendment"), as legally described in Exhibit "A" (the "Property") (Application LU-05-05); and WHEREAS, the City Commission of the City of Dania Beach (the "City Commission") has conducted a duly noticed public hearing, in accordance with Section 163.3187(l)(c), Florida Statutes, on the proposed Small Scale Amendment; and WHEREAS, staff recommended approval of the requested Small Scale Amendment in its report dated February 16, 2005; and WHEREAS, the Planning and Zoning Advisory Board of the City, sitting as the Local Planning Agency, reviewed this request at its February 16, 2005 meeting, and voted to recommend approval of this request; and WHEREAS, the City Commission finds that the proposed Small Scale Amendment is consistent with the City's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Findinsm That the foregoing Whereas clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Approval of the Small Scale Amendment. That pursuant to Section 163.3187(l)(c), Florida Statutes, the Small Scale Amendment to the Comprehensive Plan 0 0 for the Property, described in Exhibit "A," from Low (5) Residential to Recreation and Open Space, is approved. Section 3. 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 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 5. That this ordinance shall be effective immediately at adoption on second reading. PASSED and ADOPTED on first reading on March 9, 2005. PASSED and ADOPTED on second reading on March 22, 2005. AT-T-EST: LOUISE STILSON CITY CLERK 7'&Z_� PATFLURY VICE -MAYOR ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER BERTINO -ABSENT COMMISSIONER MCELYEA - YES VICE -MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO F07 AND CORRECTNESS: BY: TnbMA�'JPAT�SBRO CITY ATTORNEY 2 ORDINANCE 42005-006 0 0 EXHIBIT'A' LEGAL DESCRIPTION LOT 8, SOUTH OF CANAL IN BLOCK 4, IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST OF "MARSHALLS EVERGLADES SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; SAID LAND LYING, SITUATE AND BEING IN BROWARD COUNTY, FLORIDA. 3 ORDINANCE #2005-006 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: MARCH22,2005 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING — LU-05-05— LAND USE CHANGE 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE 2 N' READING E 4. SUMMARY EXPLANATION & BACKGROUND: The City of Dania Beach is requesting a small scale land use change from Low (5) Residential to Recreation and Open Space for the property located north of SW 45 1h Ave., south of the Dania Cut-off Canal and immediately east of SW 25 th Terrace. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Ordinance Staff Report Public Hearing Notice 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: 0 Submitted by: Laurence G. Leeds, AICP, Director Date: March 11, 2005 Community Development Department City Manager Date 0 0 0 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: March 22, 2005 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Bonnie Temchuk, Assistant to the City Mana Corinne Church, AICP, Principal Planner SUBJECT: LU-05-05: The City of Dania Beach is requesting a land use plan change from "Low (5) Residential: to "Recreation and Open Space" a five acre parcel located north of SW 45th Street, south of the Dania Cut-off Canal and east of SW 25 Terrace (SECOND READING). Broward County purchased this land through the County Bond program and has transferred title to the City of Dania Beach. One of the County's conditions of the land transfer is to change the City's Future Land Use Map to match county's land use designation of Recreation and Open Space. The uses allowed is this land use category will ensure the land will remain a park. PLANNING AND ZONING BOARD RECOMMENDATION Approval. CITY COMMISSION ACTION (FIRST READING) Approval. E 0 Dania Cove NOTICE OF LAND USE CHANGE PUBLIC HEARING CITY OF DANIA BEACH �QTICE IS HEREBY GIVEN that a public hearing will be held before W City Commission on Tuesday, March 22, 2005 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of adopting the following ordinance on second reading: ORDINANCE NO. 2005-006 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING THE REQUEST FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 5.1 ACRE SITE FROM LOW (5) RESIDENTIAL TO RECREATION AND OPEN SPACE, LOCATED NORTH OF SW 45TH STREET, SOUTH OF THE DANIA CUT- OFF CANAL AND IMMEDIATELY EAST OF SW 25 TERRACE AS LEGALLY DESCRIBED IN EXHIBIT "A;". PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. GRIFFIN RD 0 0 �MRUNGR City of Dania Beach Boundary Map MA Copies of the proposed ordinance are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m.; Monday -Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed zoning changes. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd., Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the local Planning Agency, the P!anning and Zoning Advisory Board or the City Commission with regard to any matter considered at this m ' ng or hearing will need a record of the proceedings and for such purpose may need to E that a verbatim record of the proceedings is made, which record includes the testimony aficlence upon which the appeal is to be based. Lou Ann Cunningham Planning Associate