HomeMy WebLinkAboutO-2019-002 Approving the request made by property owners ORDINANCE NO. 2019-002
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST MADE BY THE
PROPERTY OWNERS MICHAEL GARRAMONE, ELIZABET BARREIRO,
AND LUIS LARCO TO REZONE PROPERTY GENERALLY LOCATED AT
36 — 54 SW 16 STREET 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 PROPERTY FROM RESIDENTIAL OFFICE
(RO) TO SOUTH FEDERAL HIGHWAY — MIXED USE (SFED-MU) (RZ-56-
18) SUBJECT TO CERTAIN RESTRICTIONS, 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"), MICHAEL GARRAMONE, ELIZABET BARREIRO,
AND LUIS LARCO the property owners (the "Applicant"), have applied to the City of Dania
Beach, Florida (the "City") for approval of a rezoning for property legally described in Exhibit
"A"; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency
(the "LPA"), held a duly advertised public hearing on November 21, 2018, and recommended
approval of the request for a 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. 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-56-18) from Residential Office (RO) classification to the South Federal Highway—
Mixed Use (SFED-MU) classification, for the properties located at 36—54 SW 16 Street, as
legally described in Exhibit"A," is hereby approved.
Section 3. 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 4. 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 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. This Ordinance shall become effective immediately upon adoption on
second reading.
PASSED on first reading January 22, 2019.
PASSED AND ADOPTED on sec 9A
ding February 26, 2019.
ATTEST:
o y
THOMAS SCHNEIDER, CMC e1 L LE LLEN
CITY CLERK MAYO
4'BI/SHEO��o
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. R
CITY ATTO EY
2 ORDINANCE#2019-002
EXHIBIT"A"
LEGAL DESCRIPTION:
NORTH HOLLYWOOD 4-1 B LOT 5 E 40 LESS S 15 FOR RD BLK 43
And
NORTH HOLLYWOOD 4-1 B LOT 4 E 50 LESS S 15 FOR RD, 5 W 20 LESS S 15 FOR RD
BLK 43
And
NORTH HOLLYWOOD 4-1 B LOT 3 LESS S 15 FOR RD, 4 W 10 LESS S 15 FOR RD BLK
43
And
NORTH HOLLYWOOD 4-1 B LOT 1 LESS S 15 FOR R/W, 2 LESS S 15 FOR R/W BLK 43
3 ORDINANCE#2019-002