An Ordinance of the City of Hallandale Beach, Florida, Rezoning a Portion of the Property

1 Exhibit 1

1 ORDINANCE NO. 2014 - 2 3 AN ORDINANCE OF THE CITY OF HALLANDALE BEACH, 4 FLORIDA, REZONING A PORTION OF THE PROPERTY 5 LOCATED AT 106 SE 9th COURT, HALLANDALE BEACH, 6 FLORIDA 33009, LEGALLY DESCRIBED AS LOT 11 7 BLOCK 9, HALLANDALE PARK, FROM BUSINESS 8 GENERAL (BG) ZONING DISTRICT, TO RESIDENTIAL 9 MULTI-FAMILY MEDIUM DENSITY (RM-18) ZONING 10 DISTRICT; PROVIDING FOR CONFLICT; PROVIDING FOR 11 SEVERABILITY; AND AN EFFECTIVE DATE. 12

13 WHEREAS, Mega Developers, LLC (“Applicant”) has applied to rezone a portion of

14the property located at 106 SE 9th Court, Hallandale Beach, Florida, legally described as Lot

1511 Block 9, Hallandale Park, as recorded in Plat Book 5 Page 20 of the Public Records of

16Broward County, Florida, from a Business General (BG) Zoning District to a Residential

17Multi-Family Medium Density (RM-18) Zoning District for the construction of a residential

18multi-family four-unit development; and

19 WHEREAS, the Applicant intends to construct a multi-family development.

20However, the property’s current zoning designation does not permit such development. As

21such, a rezoning of a portion of the property is required; and

22 WHEREAS, the subject property consists of three lots, with a total lot size of 9,900

23square feet. Currently, RM-18 zoning development regulations, including site development

24standards, permitted use and other regulations apply to the eastern portion of the property,

25Lots 1 and 2. The Applicant requests rezoning of the western portion of the property, Lot

2611, (“Attachment A”), to an RM-18 zoning district. The rezoning would normalize the

27property to one RM-18 zoning district; and

28 WHEREAS, the property is located within the Planned Development Overlay District

29(PDD), with a Comprehensive Plan Future land Use Designation in the Regional Activity

30Center (RAC); and

31 WHEREAS, Policies 1.9.5, and 1.9.6 of the Future land Use Element of the City’s

32Comprehensive Plan provide that redevelopment activities should be encouraged within a

33Regional Activity Center, as well as providing substantial housing opportunities to allow

34people to live/work within the RAC; and

35 WHEREAS, City administration recommends rezoning Lot 11, the Business General

36(BG) zoned portion of the property to a Residential Multi-Family Medium Density (RM-18)

37Zoning District; and

38 WHEREAS, the proposed rezoning would alleviate a hardship for future

39development, while providing a higher quality development which will enhance the appeal

40and functionality of the neighborhood. The subject property is currently located between

41two multi-family dwellings; and

42 WHEREAS, after a courtesy public notice was mailed to all property owners within a

431,000 foot radius of the affected area; and

44 WHEREAS, after a notice of public hearing being duly published, a public hearing

45was held before the Planning and Zoning Board of the City of Hallandale Beach on April 23,

462014, at which hearing all interested parties were afforded the opportunity to be heard; and

47 WHEREAS, at the April 23, 2014 Planning and Zoning Meeting, the Board

48recommended approval to rezone Lot 11, the Business General (BG) zoned portion of the

49property to a Residential Multi-Family Medium Density (RM-18) Zoning District; and

50 WHEREAS, the Mayor and City Commission have determined that it is in the best

51interest of the residents of the City of Hallandale Beach to rezone Lot 11, the Business

52General (BG) zoned portion of the property to a Residential Multi-Family Medium Density

53(RM-18) Zoning District.

54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE

55CITY OF HALLANDALE BEACH, FLORIDA:

56 SECTION 1. That certain parcel known as 106 SE 9th Court, Lot 11, Hallandale

57Beach, Florida is hereby rezoned from a Business General (BG) Zoning District to a

5 2 RESO NO. 2014 6IWO NO. 2014-103 (RJD) 7FILED NO. 14-129 8

58Residential Multi-Family Medium Density (RM-18) Zoning District. The land rezoned by this

59ordinance is shown as Attachment “A”.

60 SECTION 2. The official zoning map of the City shall be amended to reflect the

61above change.

62 SECTION 3. Conflict. All ordinances or parts of ordinances and all resolutions or

63parts of resolutions in conflict herewith are hereby repealed, to the extent of the conflict.

64 SECTION 4. Severability. If this ordinance or any part thereof is declared by a

65court of competent jurisdiction to be invalid, such decision shall not affect the validity of the

66remainder of the ordinance other than the part declared to be invalid.

67 PASSED AND ADOPTED on 1st reading on ______, 2014.

68 PASSED AND ADOPTED on 2nd reading on ______, 2014. 69 70 ______71 JOY F. COOPER 72 MAYOR 73SPONSORED BY: CITY ADMINISTRATION 74ATTEST: 75 76 77______78SHEENA D. JAMES, CMC 79CITY CLERK 80 81APPROVED AS TO LEGAL SUFFICIENCY and 82FORM 83 84______85V. LYNN WHITFIELD 86CITY ATTORNEY

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13 4 RESO NO. 2014 14IWO NO. 2014-103 (RJD) 15FILED NO. 14-129