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HomeMy WebLinkAboutO-2026-008 VC-023-25 Scotland Electric ROW VacationORDINANCE NO. 2026-008 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PURSUANT TO THE REQUIREMENTS OF SECTION 655-40 OF THE LAND DEVELOPMENT CODE (LDC) APPROVING THE RIGHT-OF-WAY(ROW) VACATION REQUEST (VC-023-25), WHICH RIGHT OF WAY IS GENERALLY DESCRIBED AS NW 3 AVE (FORMERLY EAST RAILWAY AVENUE BY THE PLAT) SUBMITTED BY THE APPLICANT/ADJACENT PROPERTY OWNER, SUNDAY SCURA JR, FOR THE ROW PROPERTY GENERALLY LOCATED BETWEEN THE FLORIDA EAST COAST RAILWAY AND APPLICANT’S PROPERTY WHICH ROW CONSISTS OF APPROXIMATELY 104 BY 40 FEET LYING WEST OF THE APPLICANTS’ PROPERTY LOCATED AT 213-217 NW 1 AVENUE WITHIN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the “LDC”) Part 6 “Development Review Procedures And Requirements,” Article 655-40, “Vacations of Right-of- Way” of the City’s Land Development Code (the “LDC”), the property owner of the property located at 213-217 NW 1 Ave, Dania Beach, Sunday Scura, Jr. (the “Applicant”), have applied to the City of Dania Beach (the “City”) for approval the westernmost 154.94 feet of the 41.32 foot to vacate of right-of-way (VC-023-25) for the right-of-way located at NW 3rd Avenue (formerly the East Railroad Avenue) adjacent to Lots 2, 3 and 4, Block 2, TOWN OF MODEL, according to the Plat or Map thereof as recorded in Plat Book “B”, Page 49 of the Public Records of Miami- Dade County, Florida, which is more fully described on the attached Exhibit “A” which is incorporated by this reference; and WHEREAS, the proposed vacation is identified in Exhibit B, which is attached and incorporated into this Ordinance; and WHEREAS, consistent with the requirements of Section 655-20 of the LDC, the Applicant sent a notification letter of the vacation process to the property owner abutting affected portions of the right-of-way, indicating they need to respond within 30 days for support or objection for the application. If no response is received, it will be presumed that Florida East Coast Railway has no objections to the vacation request; and 2 ORDINANCE #2026-008 WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency, recommended that the City Commission approve the proposed right-of-way vacation is consistent with the requirements set forth in Section 655-40 at its duly advertised public hearing on October 15, 2025, meeting; and WHEREAS, staff have confirmed that all utilities with a potential interest in the area have been notified and given the opportunity to object. No objections have been raised. WHEREAS, LDC Section 655-40 states that the City Commission may vacate right-of- way based on its determination that the Applicant has demonstrated that the criteria identified in the City Code have been satisfied; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the City’s Staff Report analyzes the applicant’s request based on the criteria and supports the Applicant’s request and is incorporated by reference herein as the City’s findings of fact; and WHEREAS, the City Commission finds that granting the requested right-of-way vacation (VC-023-25) 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 3rd Avenue is no longer needed as a road, and that it is in the best interest of the City to grant the request to vacate the right-of-way. WHEREAS, the City Commission conducted two (2) duly noticed public hearings in accordance with Article 610 of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding “WHEREAS” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That pursuant to Chapter 28, entitled LDC, Part 6, entitled “Development Review Procedures and Requirements,” Article 655, Vacations of Right-of-Way, the requested partial right-of-way Vacation (VC-023-25) as delineated in the attached Exhibit “A” is approved. Section 3. That the associated Community Development, Planning & Zoning Division Staff Report prepared for the above application(s) is incorporated into this resolution as findings of fact. 3 ORDINANCE #2026-008 Section 4. That if any clause, section, sentence, or phrase of this Ordinance is for any reason held unconstitutional or invalid by a 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, resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. Section 6. That this Ordinance shall take effect ten (10) days after passage and adoption. PASSED on first reading on January 13, 2025. PASSED AND ADOPTED on second reading on February 10, 2026. First Reading: Motion by: Commissioner Ryan Second by: Commissioner Rimoli Second Reading: Motion by: Commissioner Rimoli Second by: Commissioner Lewellen FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ELORA RIERA, MMC JOYCE C. DAVIS CITY CLERK MAYOR 4 ORDINANCE #2026-008 APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 5 ORDINANCE #2026-008 EXHIBIT “A” LEGAL DESCRIPTION A PORTION OF LOT 1 AND ALL OF LOTS 2 AND 3, BLOCK 2, "SEMINOLE PARK SUBDIVISION", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24, PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND THE SOUTH 287 FEET OF THE NORTH 322 FEET OF THE WEST 165 FEET OF THE EAST 1/2 OF LOT 4, BLOCK 2, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, "PLAT OF SEC'S 28, 29, 31 AND 32", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 88°21'49" WEST ON THE NORTH LINE OF SAID NORTHWEST 1/4 OF SECTION 32 FOR 153.70 FEET TO A POINT ON THE EAST LINE OF THE WEST 165 FEET OF THE EAST 1/2 OF SAID LOT 4; THENCE SOUTH 01°08'07" EAST ON SAID EAST LINE 35.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF GRIFFIN ROAD (STATE ROAD NO. 818) AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, SECTION 86015-2525, PAGE 12 OF 21, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01°08'07" EAST ON SAID EAST LINE 287.01 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 322 FEET OF SAID LOT 4; THENCE SOUTH 88°21'49" WEST ON SAID SOUTH LINE 165.01 FEET TO A POINT ON THE EAST LINE OF AFOREMENTIONED BLOCK 2, "SEMINOLE PARK SUBDIVISION", SAID LINE ALSO BEING THE WEST LINE OF THE EAST 1/2 OF SAID LOT 4; THENCE NORTH 01°08'07" WEST ON SAID EAST LINE 2.01 FEET TO THE SOUTHEAST CORNER OF AFOREMENTIONED LOT 3, BLOCK 2; THENCE SOUTH 88°21'49" WEST ON THE SOUTH LINE OF SAID LOT 3 FOR 129.86 FEET TO A POINT ON THE WEST LINE OF SAID BLOCK 2, ALSO BEING THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 28TH AVENUE; THENCE NORTH 00°55'52" WEST ON SAID WEST LINE AND SAID EAST RIGHT-OF-WAY LINE 255.38 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE TO THE RIGHT, WITH A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 89°17'41" FOR AN ARC DISTANCE OF 46.75 FEET TO A POINT OF TANGENCY ON THE AFOREMENTIONED SOUTH RIGHT-OF-WAY LINE OF GRIFFIN ROAD (STATE ROAD NO. 818); THENCE NORTH 88°21'49" EAST ON SAID SOUTH RIGHT-OF-WAY LINE 264.21 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. CONTAINING 84,032 SQUARE FEET (1.9291 ACRES) MORE OR LESS.