HomeMy WebLinkAboutO-2015-017 Mega Yacht Vacation (VC-45-15) ORDINANCE NO. 2015-017
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA APPROVING THE RIGHT-OF-WAY VACATION
REQUEST MADE BY BONNIE MISKEL, ESQ., ON BEHALF OF THE
PROPERTY OWNER, THE ARCHDIOCESE OF MIAMI, FOR THE CHURCH
OF RESURRECTION, TO VACATE A PORTION OF THE RIGHT-OF-WAY
OF NE 4' COURT LOCATED BETWEEN NE 2ND STREET AND THE
DANIA CUT-OFF CANAL WITHIN THE CITY OF DANIA BEACH,
FLORIDA, AS 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" of Part 6,
entitled, "Development Review Procedures And Requirements" of Article 655, entitled,
"Vacations Of Right-Of-Way" of the City Code of Ordinances (the "City Code"), the Bonnie
Miskel, Esq., on behalf of the property owner, the Archdiocese of Miami, for the Church of
Resurrection (the "Applicant") has applied to the City of Dania Beach (the "City") for approval
to vacate a portion of the public right-of-way of NE 4 Court, located between NE 2nd Street and
the Dania Cut Canal, as legally described in Exhibit"A" (the"ROW Property") (VC 45-15); and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on July 15, 2015 and recommended approval of the
proposed right-of-way vacation; and
WHEREAS, staff recommended approval of the proposed right-of-way vacation in its
report dated August 25, 2015; and
WHEREAS, the City Commission of Dania Beach (the "City Commission") conducted
two (2) duly noticed public hearings in accordance with law; and
WHEREAS, the City Commission has determined that the submission and approval of a
new plat associated with the requested right-of-way vacation would cause an undue hardship to
the property owner and pursuant to City Code Section 655-30(D), grants a waiver to the
requirements for new plat submission and approval; 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 the portion of the right-of-way subject to
this vacation is no longer needed as a public right-of-way, and that it is in the best interest of the
City to grant the request to vacate the right-of way, while reserving its rights in any needed
easements for public access and utilities;
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, entitled, "Land Development Code" of Part 6,
entitled, "Development Review Procedures and Requirements" of Article 655, entitled,
"Vacations Of Right-Of-Way" of the City Code, the requested right-of-way vacation, as shown
on the attached Exhibit`B," is hereby approved with the following conditions:
1. Subject to reservation by the City of Dania Beach of a 12.5 foot wide easement for
any needed public access and utilities in a form acceptable by the City Attorney and
recorded in Broward County Public Record prior to issuance of a building permit; and
2. Subject to providing access to the property during construction via NE 4 Court or
through the church property
Section 3. 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 4. All ordinances or parts of ordinances, resolutions or parts of resolutions in
conflict with this Ordinance are repealed to the extent of such conflict.
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Section 5. This Ordinance shall be in force and take effective immediately upon its
passage and adoption.
PASSED on first reading on August 25, 2015.
PASSED AND ADOPTED on second reading on September 8, 2015.
ATTEST: s Fi�rc,
LOUISE STILSON, CM 1 ALVINO, SR.
CITY CLERK A OR
APPROVED AS TO FORM A, D CORRECTNESS:
f'
THOMAS J. ANSBRO
CITY ATTORNEY
3 ORDINANCE#2015-017
EXHIBIT "A"
LEGAL DESCRIPTION
All of North East Fourth Court, as dedicated by the Amended Plat of a Portion of Harbor Lawns,
No. 1, according to the plat thereof, as recorded in Plat Book 34, at Page 5, of the Public Records
of Broward County, Florida.
4 ORDINANCE#2015-017
EXHIBIT `B"
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ORDINANCE 42015-017
1 'S
LEGAL DISCRIMON TO ACCO.+1IfAN I•.0
Aw of North East Fourth Court, as dedicated by the Amended Plat of a portion
of Harbor Lawns, No. 1, according to the plot thereof, as recorded in Plat
Book 34, of Page 5, of the Public Records of Broward County, Florida.
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7 ORDINANCE#2015-017