HomeMy WebLinkAboutO-2022-030 C.W. Thomas Park Right-of-Way Vacation (NW 10th Avenue) (VC-069-22)-CERTIFIEDORDINANCE NO.2O22-O3O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH. FLORIDA. APPROVING THE RIGHT.OF-WAY VACATION
REQUEST NC-069-22) SUBMTTTED By THE pROpERTy OWNER, THE
CITY OF DANIA BEACH, FOR THE PROPERTY GENERALLY LOCATED
AT 1OO NW 8TH AVENUE BETWEEN NW 2 STREET AND NW I STREET
RESPECTIVELY, WHICH RIGHT OF WAY IS CONTAINED WITHIN THE
PLAT OF WEST MOORLAND, RECORDED IN PLAT BOOK I9, PAGE 8, OF
THE PUBLIC RECORDS BOOK FOR BROWARD COL]NTY. WHICH RIGHT
OF WAY IS GENERALLY DESCzuBED AS "NORTHWEST IOTH AVENUE,"
AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA,
WHICH RIGHT OF WAY IS LEGALLY DESCRIBED IN EXHIBIT A. A COPY
OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, pursuant to Chapter 28, entitled Land Development Code (the "LDC'), Part
6, entitled "Development Review Procedures And Requirements," Article 655, entitled "Vacations
Of Right-Of-Way" of the City Code of Ordinances (rhe "Ciry Code"), rhe City of Dania Beach,
the property owner (the "Applicant"), has applied to the City of Dania Beach (the "City") for
approval to Vacate the Right-of-Way (VC-069-22), known as 'NW 10fr Avenue" (the legal
description for the right ofway is attached to this Ordinance as Exhibit A); and
WHEREAS, the proposed vacation is identified in Exhibit B, which is attached and
incorporated into this Ordinance; and
WIIEREAS, the City Plaruring and Zoning Board, sitting as rhe Local Planning Agency,
held a duly advertised public hearing on September 21,2022, and recommended approval ofthe
proposed right of way vacation; and
WHER-EAS, staffrecommended approval ofthe proposed right of way vacation in its staff
report to the City Commission dated September 27, 2022; and
WHEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with Article 610 of the LDC; and
WHEREAS, the City Commission finds that granting the requested right of way vacation
will not adversely affect access to neighboring properties and will not be detrimental to the public
health, safety and welfare; and
WHEREAS, the City Commission finds that NW 1Oth Avenue is no longer needed as a
road, and that it is in the best interest ofthe City to grant the request to vacate the right ofway.
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ORDINANCE NO.2O22-O3O
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE RIGHT-OF-WAY VACATION
REQUEST (VC-069-22) SUBMITTED By THE pROpERTy OWNER, THE
CITY OF DANIA BEACH, FOR THE PROPERTY GENERALLY LOCATED
AT lOO NW 8TH AVENUE BETWEEN NW 2 STREET AND NW 1 STREET
RESPECTIVELY, WHICH RIGHT OF WAY IS CONTAINED WITHIN THE
PLAT OF WEST MOORLAND, RECORDED IN PLAT BOOK 19, PAGE 8, OF
THE PUBLIC RECORDS BOOK FOR BROWARD COUNTY, WHICH RIGHT
OF WAY IS GENERALLY DESCRIBED AS "NORTHWEST lOTH AVENUE,"
AND IS LOCATED WITHIN THE CITY OF DANIA BEACH, FLORIDA,
WHICH RIGHT OF WAY IS LEGALLY DESCRIBED IN EXHIBIT A, A COPY
OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, entitled Land Development Code (the "LDC"), Parr
6, entitled "Development Review Procedures And Requirements," Article 655, entitled "Vacations
Of Right-Of-Way" of the City Code of Ordinances (the "City Code"), the City of Dania Beach,
the property owner (the "Applicant"), has applied to the City of Dania Beach (the "City") for
approval to Vacate the Righfof-Way (YC-069-22). known as "NW 10th Avenue" (the legal
description for the right ofway is attached to this Ordinance as Exhibit A); and
WIIEREAS, the proposed vacation is identified in Exhibit B, which is attached and
incorporated into this Ordinance; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Plannilrg Agency,
held a duly advertised public hearing on September 21, 2022, and recommended approval of the
proposed right of way vacation; and
WIIEREAS, staffrecommended approval of the proposed right of way vacation in its staff
report to the City Commission dated September 27 ,2022; and
WIIEREAS, the City Commission conducted two (2) duly noticed public hearings in
accordance with Axicle 610 of the LDC; and
WHEREAS, the City Commission finds that granting the requested right of way vacation
will not adversely affect access to neighboring properties and will not be detrimental to the public
health, safety and welfare; and
WHEREAS, the City Commission finds that NW 101h Avenue is no longer needed as a
road, and that it is in the best interest ofthe City to gmnt the request to vacate the right ofway.
NOW, THEREFORE, BE IT OR.DAINED 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 specific part ofthis Ordinance.
Section 2. That pursuant to Chapter 28, entitled "Land Development Code," Part 6,
entitled "Development Review Procedures and Requirements," Article 655, "Vacations of Righr
Of'-Way," of the City Code, the requested right of way Vacation (VC-069-22), as delineated on
the attached Exhibit "A," is approved.
Section 3. That if any clause, section, sentence or phrase ofthis Ordinance is for any
reason held unconstitutional or invalid by a competent jurisdiction, the holding shall not affect the
validity ofthe remaining portions ofthis Ordinance.
Section 4. That all ordinances or parts ofordinances, resolutions or parts ofresolutions
in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall be in force and take effective immediately upon
its passage and adoption.
PASSED on first reading on September 27, 2022.
PASSED AND ADOPTED on second readi ng on October 11 ,2022.
ATTEST
THOMAS SCHNEIDER. CMC
CITY CLERK
T JAME
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EV BOUTSIS
TTORNEYCI
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2 ORDINANCE #2022-O3O
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EXHIBIT A
LEGAL DT],SCRIPTION
BEING THE PUBLIC RIGHT-OF-WAY OF NW 101'I{ AVENUE, A 25.00 FOOT
WIDE STRIP OF LAND, LYING EAST OF AND CONTIGUOUS WITH LOTS
I THROUGH 10, TNCLUSM, BLOCK ONE (1), AS SHOWN ON THE PLAT
OF WEST MORELAND, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 19, PAGE 8 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; BOUNDED ON THE NORTH BY THE
EASTERLY EXTENSTON OF THE NORTH LINE OF SAID LOT ONE (1), AND
BOUNDED ON THE SOUTH THE BY EASTERLY EXTENSION OF THE
SOUTH LINE OF SAID LOT 10.
SAID LAND SITUATED. LYING AND BEING IN THE CITY OF DANIA
BEACH, BROWARD COLINTY, FLORIDA.
3 ORDINANCE #2022-O3O
EXHIBIT B
DESCR{PTION:
BEIN6 THE PUBLIC RIGHT,OF WAY OF NW 1OTH AVENU€,A 25,00 FOOTwlOE STRIPOF LAND, LYING EASI
OF ANO CONT1GUOUS WITH LOTS I fHiOUGH lO, INCLIJSIVE, BLOCK ONE (1), AS SHOWN ON THE PIAT
OF WEST MOORLANO, ACCORDIN6IO iH' PLAITHEREOF, AS RECO8OEO IN PI-AI BOOK T9, PAGE 8 OF
THE PtlBLlC RECORDS OF BROWARO COUNTY, fLORIDA; SOUNDED ON THE NORTH SYTHE EASTERLY
EXT€NSION OFTHE NORTH LINE OF SAIO LOTONE (1),AND BOUNDEO ON THE SOUTH BY THE €ASIERLY
EXT'NsION OFTHESOUTH LINE OF SAID LOTTO,
5A1D LANO SITUATED, LYING ANO B'ING IN T}1E CITY OF DANIA ATACH, AROWARDCOI]NTY, |LOBIOA
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oRDINANCE #2022-030