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HomeMy WebLinkAboutR-2022-137 C.W. Thomas Park Waiver of Replat (OT-064-22) RESOLUTION NO. 2022-137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE WAIVER OF REPLAT REQUEST(OT- 064-22) SUBMITTED BY THE PROPERTY OWNER, THE CITY OF DANIA BEACH, FOR THE PROPERTY GENERALLY LOCATED AT 100 NORTHWEST 8TH AVENUE IN THE CITY OF DANIA BEACH,FLORIDA,AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28, Land Development Code (the "LDC"), Part 6 "Development Review Procedures and Requirements," Article 655, "Vacations of Right-of-Way," states that no platted street alley or other property dedicated to the public use shall be vacated or abandoned except by a new plat submitted to and approved by the City Commission, unless the City Commission waives the requirement of a new plat; and WHEREAS, the property owner, the City of Dania Beach, (the "Applicant"), has requested a waiver of replat (OT-064-22) approval in order to submit an application to vacate approximately 620 linear feet of dedicated City right-of-way located within C.W. Thomas Park between NW 2 Street and NW 1 Street, as legally described in Exhibit "A," a copy of which is attached to this Resolution; and WHEREAS, this request is necessary for on site improvements to C.W. Thomas Park consistent with the City Commission approved Parks Master Plan; and WHEREAS,the City will vacate the unimproved right-of-way and will dedicate the same right-of-way for City park use in order to expand the size of the park and provide more amenities for the community; and WHEREAS, the request is consistent with Section IV of the Future Land Use Element of the City of Dania Beach Comprehensive Plan (the "FLU Element"), titled "IV. Requirements for Future Land Use Goals, Objectives and Policies"; and WHEREAS, Section 635-30(D)of the LDC allows the City Commission to waive the submission and approval of a new plat for a vacation of right-of-way if it would cause undue hardship to the property owner; and WHEREAS, pursuant to the criteria of Section 655-30(d) of the LDC, the City Commission finds that replatting would cause undue hardship to the property owner; and WHEREAS,the Broward County Planning Council issued a letter indicating that pursuant to the Broward County Plan this vacation does not require replating,which is incorporated into the resolution as Exhibit C; and WHEREAS,the City Commission conducted a duly noticed public hearing in accordance with Article 610 of the City's LDC; and WHEREAS, the City Commission finds that approval of the requested waiver of replat (OT-011-21) is consistent with the LDC and Comprehensive Plan; NOW THEREFORE,BE IT RESOLVED 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 of this Resolution. Section 2. That the waiver of replat application (OT-064-22), a copy of which is attached as composite Exhibit "B," is made a part of and incorporated into this resolution by this reference, is approved. Section 3. That the City's Staff Report is ratified and confirmed as being true and correct and is made a specific part of the resolution as findings of fact. Section 4. That this resolution only allows the Applicant to submit and process an application to vacate the right-of-way without the need to replat the subject property but does not grant the vacation itself nor constitute the approval of such vacation. Section 5. That the issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the Applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state or federal agency or undertake actions that result in a violation of state or federal law. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall be in force and take effect immediately upon its passage and adoption. 2 RESOLUTION#2022-137 DC, the City Commission finds that replatting would cause undue hardship to the property owner; and PASSED AND ADOPTED on September 14, 2022. ATTEST: ,��aeim-Tc$:\ %o( • • THOMAS SCHNEIDER, CMC \o to TAMARA TAMARA JAMES CITY CLERK `'S). oP MAYOR 1/SHED APPROVED AS TO FORM AND CORRECTNESS: E E . B UTSIS T AT ORNEY 3 RESOLUTION#2022-137 EXHIBIT A LEGAL DESCRIPTION 4 RESOLUTION#2022-137 %o( • • THOMAS SCHNEIDER, CMC \o to TAMARA TAMARA JAMES CITY CLERK `'S). oP MAYOR 1/SHED APPROVED AS TO FORM AND CORRECTNESS: E E . B UTSIS T AT ORNEY 3 RESOLUTION#2022-137 DESCRIPTION: BEING THE PUBLIC RIGHT-OF-WAY OF NW 10TH AVENUE,A 25.00 FOOT WIDE STRIP OF LAND,LYING EAST OF AND CONTIGUOUS WITH LOTS 1 THROUGH 10,INCLUSIVE,BLOCK ONE(1),AS SHOWN ON THE PLAT OF WEST MOORLAND,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 EXTENSION OF THE NORTH LINE OF SAID LOT ONE(1),AND BOUNDED ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 10. SAID LAND SITUATED,LYING AND BEING IN THE CITY OF DANIA BEACH,BROWARD COUNTY,FLORIDA 9 BLOCK C I BLOCK B w ' DANETTE DANE1 I a w L__—__--_---A P.B.16,PG.65.B.C.R. P.B. 18, PG.65,B.C.R. , Z a 1 BLOCK A A.K. WIXSON DANETTE , SUBDIVISON -----------------------------1___------ — — — — — — — — — �— ___I__—__—_______—__—__ P.B. 16.PG 65.B.C.B. P B 16.PG 1,B.0 R. NW 2nd TR ETD_ * __ 1, T . .. �o�Q 6�'i' L•1{ ' 40, i.._ Q • A PORTION OF: ' - -- ,-- 5. -- - — — — --J THE NE 1/4, NW 1/4, SW 1/4, Q I I ,,, SECTION 34-50-42 I . i �1 - vr' J i ' i 1 N a I �; I-- - - - - - � C1'_ L � - - - w� — — II I � w a / � • r _ I I mwo ZZ ACREAGE (NOT PtATIED) �/I yr,, ` • -, gomN 9 % • % O�--------i_--_0---------1 r-- 1--V----------:::•, I o I J ji J � 000. ... n7 • m- - J- - - i i m- I o--.a 3m_w s — _tea I----- ----- -- 2 , Emz , in CL jC4 Et L. I -�---- - - i - - - - ----� j o I I — I i • • . .... I ... — — — _ 7 _ _ _ _ NW 1st STREET I NOTES THIS IS NOT A SURVEY B C.R. = BROWARD COUNTY RECORDS D.C.R. = DADE COUNTY RECORDS PEV'SON DATE BY SKETCH AND I DESCRIPTION I BBS I °--''°'`°'i'`'''/2::`0:1s JOB# RN9245 DA1 E 0/F-I C-?7 STEPHE SEELEY FOR THE FIRM 2 131 HOLLYWOOD BOULEVARD NOTE 204 SCALE NTS SF'EP-T I OF I PRC FESSI AL SURVEYOR t MAPPER HOLLYWOOD FL 33020 (954)923-7666 DRAWN BY CM CHECKED BY A-KB FLORIDA REGISTRATION NO 'S74 LICENSED BUSINESS NO 7019 EXHIBIT B WAIVER OF REPLAT APPLICATION 5 RESOLUTION#2022-137 THOMAS SCHNEIDER, CMC \o to TAMARA TAMARA JAMES CITY CLERK `'S). oP MAYOR 1/SHED APPROVED AS TO FORM AND CORRECTNESS: E E . B UTSIS T AT ORNEY 3 RESOLUTION#2022-137 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division i>ANiA BEACH (954)924-6805 X3643 srau,nc a is n (954)922-2687 Fax Standard Development Application ❑ Administrative Variance ❑ Land Use Amendment ❑ Plat ❑ Rezoning Date Rec'd: ❑ Site Plan ❑ Special Exception Petition No.: 0T-6(.0 4 o1, --- ❑ Variance ❑ other: Plot Waiver (SEE,4PPLIC4170N TYPE SCHEDULE ON PACE53&4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Failure to attend may impact the disposition of the application. The applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building Division, The City's DRC process requires a hard copy of the application and application fee payment to be submitted to City Planning staff BEFORE electronic submittal will be accepted for processing, Applications will only be accepted on the submittal date Identified on the annual DRC Meeting Deadline schedule.The application must identify the number of proposed residential dwelling units and/or the square footage of commercial/industrial use, as applicable. Once the application and fee are received a file number will be issued which must be used to Identify the project when submitting electronically. Once the file number is issued. the applicant has 24 hours to load the plans electronically. Failure to submit within 24 hours will require the application to begin again the following month. Location Address: CW Thomas Park- 100 NW 8th Ave. Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): 504233100710 Legal Description: See attached legal description Applicant/Consultant/Legal Representative(circle one) Address of Applicant: 100 W Dania Beach Blvd Business Telephone: ssa-sea scoot 3730 Home: Fax: E-mail address: ebrown a©daniabeachfl.gov • Name of Property Owner: City of Dania Beach Address of Property Owner: 100 W Dania Beach Blvd. Business Telephone: 954"924'6$00 Home: Fax: Explanation of Request: Waiver of platting Please provide proposed Plat Nam&Criteria Statement as required by the C/ty's Land Development Code. Prop. Net Acreage: Gross Acreage: Prop.Square Footage: Existing Use: Proposed Use: 1 of 4 updated 04/2022 D FL 33020 (954)923-7666 DRAWN BY CM CHECKED BY A-KB FLORIDA REGISTRATION NO 'S74 LICENSED BUSINESS NO 7019 Is property owned individually, by a corporation, association, or a joint venture? Owned by the City of Dania Beach AUTHORIZED REPR SENTATIVE I/we are fully aware of the request being made to the City of Dania Beach. If I/We are unable to be present,I/we hereby authorize (individual/firm) to represent me/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset administrative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration timeframe listed in Part 6 of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD By: The foregoing instrument (Owner/ Agent signature*) Was acknowledged BEFORE ME THIS �•.f DAY OF, 1.4� , 20 2 2- By: . Eni crovWr, (Print name f cknowledging) (Joint owner signature if applicable) Notary Oar i'., ALBERLEAN 5.1.POLLARD 449\ NotaryPublle•StateofFloridaCommis�an N HM Ot3419(Signature of Notary Public--State of 19b r I a .} ,Ay Comm.Expos Jun 22,2024 Bonded through National Notary Assn. 1 Personally known ` Produced Identification Type of identification produced: or Drivers License *If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICATION WILL BEAUTOMA Ti CALL Y SCHEDULED FOR A MEETING. ALL APPLICATIONS MUST BE DETERMINED COMPLETE BY STAFF BEFORE PROCESSING OCCURS. 2of4 Updated 04/2022 Location Address: CW Thomas Park- 100 NW 8th Ave. Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): 504233100710 Legal Description: See attached legal description Applicant/Consultant/Legal Representative(circle one) Address of Applicant: 100 W Dania Beach Blvd Business Telephone: ssa-sea scoot 3730 Home: Fax: E-mail address: ebrown a©daniabeachfl.gov • Name of Property Owner: City of Dania Beach Address of Property Owner: 100 W Dania Beach Blvd. Business Telephone: 954"924'6$00 Home: Fax: Explanation of Request: Waiver of platting Please provide proposed Plat Nam&Criteria Statement as required by the C/ty's Land Development Code. Prop. Net Acreage: Gross Acreage: Prop.Square Footage: Existing Use: Proposed Use: 1 of 4 updated 04/2022 D FL 33020 (954)923-7666 DRAWN BY CM CHECKED BY A-KB FLORIDA REGISTRATION NO 'S74 LICENSED BUSINESS NO 7019 EXHIBIT C PLATTING DETERMINATION LETTER 6 RESOLUTION#2022-137 ON#2022-137 THOMAS SCHNEIDER, CMC \o to TAMARA TAMARA JAMES CITY CLERK `'S). oP MAYOR 1/SHED APPROVED AS TO FORM AND CORRECTNESS: E E . B UTSIS T AT ORNEY 3 RESOLUTION#2022-137 BROWARD COUNTY Planning *j Council August 29, 2022 Joshua Rak, Senior Urban Planner/Designer Via Email Only Bermello Ajamil and Partners 4711 South LeJeune Road Coral Gables, Florida 33146 Dear Mr. Rak: Re: Platting requirements for a parcel generally described as a portion of the Northeast% of the Northwest 1/4 of the Southwest% of Section 34, Township 50 South, Range 42 East; together with Lots 1-10, Block 1, "West Moorland" according to the Plat thereof, as recorded in Plat Book 19, Page 8, of the Public Records of Broward County, Florida; together with the unimproved 25 foot wide Northwest 10 Avenue right-of-way adjacent to Lots 1-10.This parcel is generally located between Northwest 8 Avenue and Northwest 10 Count, and between Northwest 1 Street and Northwest 2 Street, in the City of Dania Beach. This letter is in response to your request regarding the Broward County Land Use Plan's platting requirements for proposed non-residential improvements on the above referenced parcel. You have indicated that the current proposal is to renovate the existing municipal park facilities, including constructing a new community center building and pool, as well as improvements to the various park amenities. Planning Council staff has determined that platting would not be required by Policy 2.13.1 of the Broward County Land Use Plan, since the proposed development would not constitute a "principal building," pursuant to the guidelines of the Administrative Rules Document: BrowardNext, which states that a "principle building" does not include a building which is an accessory use to property devoted solely to a recreational principle use, subject to the City making a determination that the proposed buildings are accessory uses to the existing recreation area. Some jurisdictions may be more restrictive and require platting in more situations than the Broward County Land Use Plan.The City of Dania Beach's platting requirements should be investigated. The contents of this letter are not a judgment as to whether this development proposal complies with State or local vehicular access provisions, the Broward County Trafficways Plan, permitted uses and densities, local zoning,the land development regulations of the municipality,or the development review requirements of the Broward County Land Use Plan, including concurrency requirements. If you have any additional questions concerning the Broward County Land Use Plan's platting requirements, please contact Huda Ashwas at your convenience. 115 South Andrews Avenue, Room 307 • Fort Lauderdale, Florida 33301 Telephone: 954-357-6695 • Fax: 954-357-6685 Broward.org/PlanningCouncil 1 of 4 updated 04/2022 D FL 33020 (954)923-7666 DRAWN BY CM CHECKED BY A-KB FLORIDA REGISTRATION NO 'S74 LICENSED BUSINESS NO 7019 Joshua Rak August 29, 2022 Page Two Respectfully, f.) Barbara Blake Boy Executive Director BBB:HHA cc/email: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach Eleanor Norena, Director, Community Development Department City of Dania Beach 3 RESOLUTION#2022-137