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

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

<p> 1 Exhibit 1</p><p>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</p><p>13 WHEREAS, Mega Developers, LLC (“Applicant”) has applied to rezone a portion of</p><p>14the property located at 106 SE 9th Court, Hallandale Beach, Florida, legally described as Lot</p><p>1511 Block 9, Hallandale Park, as recorded in Plat Book 5 Page 20 of the Public Records of</p><p>16Broward County, Florida, from a Business General (BG) Zoning District to a Residential</p><p>17Multi-Family Medium Density (RM-18) Zoning District for the construction of a residential</p><p>18multi-family four-unit development; and </p><p>19 WHEREAS, the Applicant intends to construct a multi-family development.</p><p>20However, the property’s current zoning designation does not permit such development. As</p><p>21such, a rezoning of a portion of the property is required; and</p><p>22 WHEREAS, the subject property consists of three lots, with a total lot size of 9,900</p><p>23square feet. Currently, RM-18 zoning development regulations, including site development</p><p>24standards, permitted use and other regulations apply to the eastern portion of the property,</p><p>25Lots 1 and 2. The Applicant requests rezoning of the western portion of the property, Lot</p><p>2611, (“Attachment A”), to an RM-18 zoning district. The rezoning would normalize the</p><p>27property to one RM-18 zoning district; and </p><p>28 WHEREAS, the property is located within the Planned Development Overlay District</p><p>29(PDD), with a Comprehensive Plan Future land Use Designation in the Regional Activity</p><p>30Center (RAC); and</p><p>31 WHEREAS, Policies 1.9.5, and 1.9.6 of the Future land Use Element of the City’s</p><p>32Comprehensive Plan provide that redevelopment activities should be encouraged within a</p><p>2 3 4</p><p>33Regional Activity Center, as well as providing substantial housing opportunities to allow</p><p>34people to live/work within the RAC; and</p><p>35 WHEREAS, City administration recommends rezoning Lot 11, the Business General</p><p>36(BG) zoned portion of the property to a Residential Multi-Family Medium Density (RM-18)</p><p>37Zoning District; and</p><p>38 WHEREAS, the proposed rezoning would alleviate a hardship for future</p><p>39development, while providing a higher quality development which will enhance the appeal</p><p>40and functionality of the neighborhood. The subject property is currently located between</p><p>41two multi-family dwellings; and</p><p>42 WHEREAS, after a courtesy public notice was mailed to all property owners within a</p><p>431,000 foot radius of the affected area; and</p><p>44 WHEREAS, after a notice of public hearing being duly published, a public hearing</p><p>45was held before the Planning and Zoning Board of the City of Hallandale Beach on April 23,</p><p>462014, at which hearing all interested parties were afforded the opportunity to be heard; and</p><p>47 WHEREAS, at the April 23, 2014 Planning and Zoning Meeting, the Board</p><p>48recommended approval to rezone Lot 11, the Business General (BG) zoned portion of the</p><p>49property to a Residential Multi-Family Medium Density (RM-18) Zoning District; and</p><p>50 WHEREAS, the Mayor and City Commission have determined that it is in the best</p><p>51interest of the residents of the City of Hallandale Beach to rezone Lot 11, the Business</p><p>52General (BG) zoned portion of the property to a Residential Multi-Family Medium Density</p><p>53(RM-18) Zoning District.</p><p>54 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE</p><p>55CITY OF HALLANDALE BEACH, FLORIDA:</p><p>56 SECTION 1. That certain parcel known as 106 SE 9th Court, Lot 11, Hallandale</p><p>57Beach, Florida is hereby rezoned from a Business General (BG) Zoning District to a</p><p>5 2 RESO NO. 2014 6IWO NO. 2014-103 (RJD) 7FILED NO. 14-129 8</p><p>58Residential Multi-Family Medium Density (RM-18) Zoning District. The land rezoned by this</p><p>59ordinance is shown as Attachment “A”.</p><p>60 SECTION 2. The official zoning map of the City shall be amended to reflect the</p><p>61above change. </p><p>62 SECTION 3. Conflict. All ordinances or parts of ordinances and all resolutions or</p><p>63parts of resolutions in conflict herewith are hereby repealed, to the extent of the conflict.</p><p>64 SECTION 4. Severability. If this ordinance or any part thereof is declared by a</p><p>65court of competent jurisdiction to be invalid, such decision shall not affect the validity of the</p><p>66remainder of the ordinance other than the part declared to be invalid. </p><p>67 PASSED AND ADOPTED on 1st reading on ______, 2014.</p><p>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</p><p>9 3 RESO NO. 2014 10IWO NO. 2014-103 (RJD) 11FILED NO. 14-129 12</p><p>87</p><p>13 4 RESO NO. 2014 14IWO NO. 2014-103 (RJD) 15FILED NO. 14-129</p>

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