HomeMy WebLinkAbout2003-02-25 Regular City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
FEBRUARY 25, 2003
7:00 P.M.
1. CALL TO ORDER:
Mayor Chunn called the meeting to order at 7:00.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
* Rev. Gary Culbertson, Griffin Road Baptist Church
3. ROLL CALL:
Present:
Mayor: Robert H. Chunn, Jr.
Vice-Mayor: Pat Flury
Commissioners: John Bertino
Bob Mikes
Is C.K. McElyea
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
City Manager Pato reported that Broward County Commission would be holding
a meeting at the Broward County Convention Center regarding the airport
expansion on March 5, 2003, at 5:00 p.m. He advised that free transportation
would be provided and encouraged citizens to attend.
4. CITIZENS' COMMENTS:
4.1 Charlene Scalese, 836 NW 13 Avenue, thanked City Clerk Johnson for
the time and effort she put forth in the election process.
4.2 Janet Johnson and Pamela Freney, representing Faith Deliverance
Cathedral, requested approval to hold a fund raiser in the form of a car
wash on March 1, 2003.
The Commission generally agreed to permit the car wash on March 1, 2003.
MINUTES 1 FEBRUARY 25, 2003
CITY OF DANIA BEACH
4.3 Paul Moccasin, representing Ravenswood Gardens, petitioned the
Commission for the installation of speed bumps on SW 51 Court and SW
51 Place due to an excessive speeding problem.
City Manager Pato advised Mr. Moccasin that he would begin the ordinary
process for the speed bumps.
5. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
5.1 Presentation by the Florida Department of Agriculture, University of
Florida and Broward County, regarding infestation of the Tree-Dwelling
Termite (a.k.a. Caribbean Termite).
Mike Sheridan, Utilities/Public Works Director, reported that a public
meeting would be held on March 4, 2003, at 7:00 p.m. in the Conference
Room at City Hall to discuss the tree termite program. Professor Brian
Cabrera, University of Florida, gave a brief presentation regarding the tree
termite program.
5.2 Presentation by Dania Beach Main Street for Tomato Festival Parade
winners.
Victoria Laubauck, Dania Beach Main Street President, thanked June
Silvernale, Chair of the Parade Committee, for her efforts and
accomplishments on a successful parade. Trophies were presented to the
following parade winners:
• 82Id Airborne Color Guard
• South Broward High School
• The Stilt Walkers
e The Dania Lions Club
5.3 BSO District 2 "Deputy of the Month" for January 2003 — Deputy Jeff
Poole.
CONTINUED TO MARCH 12, 2003.
6. PROCLAMATIONS: NONE
ITEMS PULLED FROM CONSENT: ITEM 7.7A WAS PULLED BY CITY MANAGER PATO
AND ITEM 7.5 WAS PULLED BY VICE-MAYOR FLURY.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes: NONE
MINUTES 2 FEBRUARY 25, 2003
CITY OF DANIA BEACH
® 7.2 Travel Expenditures- NONE
7.3 Bills:
Approval of Bills for the month of January 2003
Resolutions —
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROPRIATING
FY 2003 GENERAL FUND BUDGET BY $250,000 TO REPLENISH THE
DEPLETION OF THE CONTINGENCY FUND DUE TO TRANSFER OF FUNDS
TO THE INSURANCE FUND; PROVIDING THAT ALL RESOLUTIONS OR PART
OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE ISSUANCE OF ITS PROMISSORY NOTE, SERIES 2003 IN THE
PRINCIPAL AMOUNT NOT TO EXCEED $441,904 TO PAY FOR CERTAIN
CAPITAL PROJECTS OF THE CITY AND COSTS RELATED THERETO;
PROVIDING FOR THE PAYMENT OF THE NOTE FROM THE FRANCHISE
FEES RECEIVED FROM FPL; PRESCRIBING THE FORM, TERMS AND
DETAILS OF THE NOTE; AWARDING THE NOTE TO SUNTRUST BANK BY
NEGOTIATED SALE; DESIGNATING THE NOTE AS A "QUALIFIED TAX-
EXEMPT OBLIGATION" WITHIN THE MEANING OF SECTION 265(b)(3) OF THE
INTERNAL REVENUE CODE OF 1986, AS AMENDED; MAKING CERTAIN
d COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
7.7 B) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE RAILROAD REIMBURSEMENT
AGREEMENT FOR GRADE CROSSING AND CROSSING TRAFFIC CONTROL
DEVICES BETWEEN STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF DANIA BEACH FOR TIGERTAIL ROAD
CROSSING #628 273 H; AUTHORIZING THE EXPENDITURE OF $3,540.00 PER
YEAR COVERING MAINTENANCE OF TIGERTAIL ROAD CROSSING;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
C) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE RAILROAD REIMBURSEMENT
AGREEMENT FOR GRADE CROSSING AND CROSSING TRAFFIC CONTROL
DEVICES BETWEEN STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION AND THE CITY OF DANIA BEACH FOR GRIFFIN ROAD
CROSSING #628 272 B; AUTHORIZING THE EXPENDITURE OF $3,540.00 PER
YEAR COVERING MAINTENANCE OF GRIFFIN ROAD CROSSING; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
MINUTES 3 FEBRUARY 25, 2003
CITY OF DANIA BEACH
Ordinances —Title to be read by City Attorney
7.8 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 27-22 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA
BEACH, TO RECLASSIFY FROM AN ACCOUNTING PERSPECTIVE THE
STORMWATER UTILITY FUND FROM A SPECIAL REVENUE FUND TO AN
ENTERPRISE FUND IN COMPLIANCE WITH!, GASB (GOVERNMENTAL
ACCOUNTING STANDARD BOARD) STATEMENT 34, PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
A motion was made by Commissioner Mikes, seconded by Commissioner
McElyea, to approve the Consent Agenda with the exception of Items 7.5 & 7.7A.
The motion passed on the following 5/0 roll call vote: j
Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
ITEMS PULLED FROM THE CONSENT AGENDA:
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING
THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN
AMOUNT NOT TO EXCEED $110,000.00 FOR FISCAL YEAR 02/03, UNDER
• ESCAMBIA COUNTY BID PD 01-02.19, WITHOUT COMPETITIVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Flury questioned which streets would' be resurfaced. Director
Sheridan explained that the entire length of SE 2"d Avenue and SE 3rd Avenue
would be resurfaced.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to
adopt the resolution approving the expenditure of$110,000 for road resurfacing.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury — yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
7.7 A) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REAL ESTATE LEASE AGREEMENT
BETWEEN FLORIDA EAST COAST RAILWAY, L.L.C. AND THE CITY OF DANIA
BEACH FOR SPACE FOR 430-FOOT PARALLEL ENCROACHMENT OF SEWER
• MINUTES 4 FEBRUARY 25, 2003
CITY OF DANIA BEACH
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MAIN; AUTHORIZING THE APPROVAL OF THE ANNUAL RENTAL FEE OF
$1,505.00 EFFECTIVE FEBRUARY 7, 2003; PROVIDING FOR CONFLICTS,
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ITEM 7.7(A) WAS CONTINUED TO MARCH 12, 2003.
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
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9. PUBLIC HEARINGS AND SITE PLANS:
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9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING
CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY
AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION
6.21 "OFF-STREET PARKING' TO REVISE THE PARKING STANDARDS
APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (SECOND READING)
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City Attorney Ansbro read the ordinance title.
Mayor Chunn opened the public hearing. Hearing; no one speak in favor or
opposition, the public hearing was closed.
Laurence Leeds, Growth Management Director, explained that the ordinance
would allow staff to reduce the driveway width to 10 feet for single family-homes
• located in commercially zoned areas that would be used for small offices. The
ordinance also deals with outdoor restaurant seating in the downtown area; an
increase in the parking requirements for townhouses; it establishes minimum
parking requirements for a number of miscellaneous uses; and combines several
sections regarding off-site parking into one section.
A motion was made by Commissioner Mikes, seconded by Vice-Mayor Flury, to
adopt the ordinance on second and final reading. The motion passed on the
following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
9.2 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY MICHAEL SHIFF OF THE SHIFF GROUP, FOR
PROPERTY GENERALLY LOCATED NORTH OF ;SW 45T" STREET, EAST OF
SW 30TH AVENUE, WEST OF SW 28T" TERRACE, AND SOUTH OF THE
DANIA CUT-OFF CANAL ("CAPE FEAR" PLAT) IN DANIA BEACH, FLORIDA,
AND LEGALLY DESCRIBED IN EXHIBIT "A"„ A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
• MINUTES 5 FEBRUARY 25, 2003
CITY OF DANIA BEACH
CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL R-1C (44
SINGLE FAMILY HOMES) TO RESIDENTIAL ',PUD (60 ZERO LOT LINE
HOMES AND TOWNHOMES); SUBJECT TO ! CERTAIN RESTRICTIONS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro advised that Item 9.2 & Item 9.3 were considered quasi-
judicial hearings and all persons speaking on these jitems were sworn in. The
Commission was cautioned to disclose any conversations with regard to these
items in accordance with the Jennings Rule. j
City Attorney Ansbro read the ordinance titles.
Commissioner Bertino and Commissioner Mikes disclosed that they were
contacted by the applicant.
Laurence Leeds, Growth Management Director, explained that the subject
property consisting of approximately 8.9 acres contains two single-family homes
and an oak hammock. The applicant is requesting a rezoning of the property to
PUD and is proposing the construction of 55 dwellingi units consisting of 43 town
homes and 12 zero lot line homes, which translates to a density of 6.25 units per
• acre. The applicant also proposes to construct a clubhouse and 44 boat slips.
The applicant is requesting a variance to build townhouses and zero lot line units
up to three stories in height. The present zoning provides that up to 40% of the
site can be covered with building and staff's analysis indicates that the proposed
cluster town homes would cover less than 25% of :the site. The applicant is
providing more than the required pervious area and the minimum required
parking spaces would be provided. The proposed building height is consistent
with two-story townhouse development and is approximately 25 feet to the height
of the midpoint of the roof or up to a maximum of 32jfeet to the highest point of
the roof. The applicant is requesting a variance to build up to three stories in
order to provide additional floor area in some units. Staff does not object to the
three-story buildings in the interior of the project, but does not support three
stories along SW 45th Street, due to the adjacent one-story single-family
dwellings. The traffic study indicates that the traffic impact associated with the
project could be sufficiently accommodated by the existing roadway network by
accessing the site from SW 30th Avenue. The traffic study also indicates that the
site distance on SW 30th Avenue is adequate for a passenger vehicle to turn left
out of Griffin Marine Park. The applicant has indicated that he would preserve or
relocate, on-site, 74% of the existing oak trees. Staff recommended approval
with the following conditions:
• MINUTES 6 FEBRUARY 25, 2003
CITY OF DANIA BEACH
® Applicant shall obtain Fire Marshal approval of the reduced driveway
width, emergency vehicle access and dead-end isle arrangement
• Applicant shall obtain approval from the Assistant to the City Manager for
any modification at Griffin Marine Park including approval of tree
relocation, preservation and replacement.
® Applicant shall obtain approval from Broward County Traffic Engineering
regarding the "No Left Turn" sign at SW 30 Avenue
® Town homes adjacent to SW 45th Street shall be limited to two stories in
height.
® The applicant shall comply with tree preservation, tree relocation and
landscape trust fund requirements prior to issuance of any tree removal
permits
• Applicant to obtain City Commission approval of final landscape plan
including Griffin Marine Park and proposed open space dedication areas
The Planning & Zoning Board recommended approval of the rezoning with the
stipulation that there be no more than 55 units built on the site. Director Leeds
recommended that the variances and site plan be approved subject to the list of
comments in the back-up material.
Mayor Chunn opened the public hearing.
Michael Shiff was present to request approval of the rezoning, the plat, the
variances and the site plan.
Harry Hill, 2990 SW 45 Street, spoke in favor of the project but requested that a 6
to 8 foot wall be installed to separate the project ;from his home. He also
requested that the fire hydrant on his property be moved.
Scott Swinford, 2838 SW 45 Street, spoke in opposition of the proposed
development.
Morris Stowers, 201 SE 5 Street, Dania Beach Chamber of Commerce Director,
spoke in favor of the project.
Richard Walcer, 2809 SW 46 Street, spoke in opposition of the proposed
development.
Karen Gottlieb, 4473 Treasure Cove Drive, spoke in opposition of the proposed
development.
• MINUTES 7 FEBRUARY 25, 2003
CITY OF DANIA BEACH
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Pedro Montero, representing the Broward Sierra Club, spoke in opposition of the
proposed development.
Eric Olsen, 4541 SW 28 Terrace, spoke in opposition of the proposed
development.
Kara Campbell, representing the Broward County Green Party, spoke in
opposition of the proposed development.
Howard Perdue, 4536 SW 29 Terrace, was concerned that a wall along SW 45
Street would cause additional drainage problems.
Michael Miller, 4508 SW 28 Terrace, spoke in opposition of the proposed three-
story development.
Mr. Shiff assured the concerned residents that the entrance to the project would
be from SW 30 Avenue only and would not impact their residential streets. He
confirmed that the proposed wall would have pedestrian access. He explained
that drainage would be handled on-site or into the, major canal system. He
advised that the density for the proposed project Would be less than what is
allowable by existing zoning and would cause less of a traffic impact. More trees
will be saved with the proposed development than if 44 single family homes were
• built.
Hearing no further comments, the public hearing was closed.
Vice-Mayor Flury felt that it would be a disaster if the property were developed
under the current zoning.
Director Leeds explained that by changing the zoning to PUD, certain conditions
could be placed on the site plan approval such as limiting the access to the
project. Under the existing zoning, the City could not require a developer to limit
the access.
Commissioner Bertino felt that the proposed development would be less of an
impact than what is allowable under the existing zoning classification.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to
adopt the ordinance approving the rezoning request from R-1C to PUD with a
maximum of 55 units and with all vehicular access to and from SW 30th Avenue.
The motion failed on the following 2/3 roll call vote:
. MINUTES 8 FEBRUARY 25, 2003
CITY OF DANIA BEACH
. Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea — no Mayor Chunn - no
Commissioner Mikes - no
b) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE
"CAPE FEAR" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED
NORTH OF SW 45TH STREET, EAST OF SW 30TH AVENUE, WEST OF SW
28TH TERRACE, AND SOUTH OF THE DANIA CUTOFF CANAL IN THE CITY
OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION
FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN
ON SUCH PLAT OF "CAPE FEAR" PLAT; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
A motion was made by Commissioner Mikes, seconded by Commissioner
McElyea, to continue Item 9.2 b for 30 days.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury —yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
t c) VA-04-03 — A Variance request by Michael Shiff of the Shiff Group, for
property (Cape Fear Parcel) generally located north of SW 45th Street,
east of SW 30th Avenue, west of SW 28th Terrace and south of the Dania
Cut-Off Canal.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY MICHAEL SHIFF OF THE SHIFF
GROUP, FROM CHAPTER 28, ZONING AND CHAPTER 26, VEGETATION,
FOR PROPERTY GENERALLY LOCATED NORTH OF SW 45TH STREET,
EAST OF SW 30TH AVENUE, WEST OF SW 28TH TERRACE AND SOUTH OF
THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
d) SP-05-03 — A Site Plan request by Michael Shiff of the Shiff Group, for
property (Cape Fear Parcel) generally located north of SW 45th Street,
east of SW 30th Avenue, west of SW 28th Terrace and south of the Dania
Cut-Off-Canal.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY MICHAEL SHIFF OF THE SHIFF
GROUP, FOR PROPERTY GENERALLY LOCATED NORTH OF SW 45TH
STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28TH TERRACE AND
• MINUTES 9 FEBRUARY 25, 2003
CITY OF DANIA BEACH
• SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
No action was taken on Item 9.2(c) & 9.2(d) due to denial of the rezoning
request.
9.3 a) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING
THE REZONING REQUEST BY CALVIN GIORDANO AND ASSOCIATES,
REPRESENTING THE SHAMROCK OF BROWARD, LTD., FOR PROPERTY
LOCATED ON THE NORTH SIDE OF SHERIDAN STREET, DIRECTLY EAST
OF THE WALGREEN'S DRUG STORE WITHIN THE CITY OF DANIA BEACH,
FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE
CLASSIFICATION OF RM-3 (MULTI-FAMILY RESIDENTIAL), SUBJECT TO
CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the ordinance title.
b) AN ORDINANCE AMENDING THE FUTURE LAND USE PLAN ELEMENT
OF THE LOCAL COMPREHENSIVE PLAN OF THE CITY OF DANIA BEACH,
FLORIDA, TO REDESIGNATE FROM COMMERCIAL TO IRREGULAR
RESIDENTIAL (17) A PARCEL OF LAND CONTAINING 5.19 GROSS ACRES
MORE OR LESS LOCATED ON THE NORTH SIDE OF SHERIDAN STREET
DIRECTLY EAST OF. WALGREEN'S DRUG STORE IN THE CITY OF DANIA
BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE
REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the ordinance title.
Laurence Leeds, Growth Management Director, advised that the proposed
development would consist of 87 apartment units, which would be 17 units per
acre, with a maximum building height of four stories. The conceptual site plan
provides an 80-foot wide green belt along the north lot line. Director Leeds would
like the applicant to consider voluntarily deed-restricting the property to 87
apartment units with a maximum building height of four stories. The applicant is
also requesting the designation of 87 flex units for the proposed development,
which would relieve the applicant from going through the Broward County Plan
Amendment process. Director Leeds recommended that the applicant be
required to go through the Broward County Plan Amendment process in order to
save the 87 flex units for future development along Dania Beach Boulevard and
MINUTES 10 FEBRUARY 25, 2003
CITY OF DANIA BEACH
• Federal Highway; however, if the applicant is denied by Broward County, then
the City would designate the 87 flex units for the proposed project. Director
Leeds also recommended that the project be built, marketed, and sold as a
condominium, not as a rental complex.
Mayor Chunn opened the public hearing.
Shelly Eichner, Calvin, Giordano & Associates, representing the applicant, stated
that she understood Director Leeds' concern about the designation of 87 flex
units, however, her client has already secured financing for the project and was
prepared to begin construction immediately. If her client is required to go through
the Broward County Plan Amendment process, construction could not begin until
January of 2004. The proposed zoning change would be from commercial to
residential and the typical issues and uncertainties that come with the Broward
County Plan Amendment are that of traffic and schools. However, the schools in
the area are under capacity and the land use change would severely and
significantly decrease the amount of traffic. She advised that the sooner the
project is completed, the sooner the City's tax base would increase.
Steve Corder, 1113 SE 5 Court, mentioned that the applicant had met with the
surrounding residents and spoke in favor of the project.
• Mr. Laderk, 1338 SE 5 Court, was concerned about the increase in noise and the
decrease in air quality due to the removal of trees. He was also concerned about
the density, the increase in traffic and the drainage situation. He was very
concerned about the height of the buildings and the decrease of his property
value. He requested that the applicant meet with the residents again to further
discuss their concerns before any action is taken.
Ken Johnston, 1326 SE 5 Court, spoke in favor of the project but was concerned
about the height of the buildings.
Nancy Bebon, 1354 SE 5 Court, was concerned about the height of the buildings,
the construction noise and the impact on the value of her home. She advised
that all the surrounding neighbors were not in agreement of the project.
Shelly Eichner clarified that one of the proposed buildings would be a
combination of a three and four story building and the portion on the northwest
corner of the site, which is closest to the existing residences, would be three
stories.
The applicant, Kevin Guthard, stated that he would be more than willing to meet
with the surrounding residents again to rectify their concerns prior to the site plan
MINUTES 11 FEBRUARY 25, 2003
CITY OF DANIA BEACH
approval, but asked that the rezoning request and designation of flex units be
approved tonight.
Hearing no further comments, the public hearing was closed.
In response to Vice-Mayor Flury, Mr. Guthard explained that the buffer on the
north end of the property would remain swamp land, however, if the Department
of Environmental Protection requires the removal of the exotic and invasive
plantings, he agreed to plant trees on the north end of the property and along the
side by the Sleep Inn Hotel in order to protect the residents from visual
encroachment of the proposed building.
In response to Commissioner Bertino, Director Leeds advised that the rear
setback was 10 feet under the current zoning classification.
In response to Commissioner McElyea, Director Leeds advised that he would like
to save the flex units for the proposed development on the north side of Dania
Beach Boulevard east of Motel 6; the proposed condominium development on
the northeast corner of Dania Beach Boulevard and Gulfstream Road; the
proposed development on the northeast corner of Dania Beach Boulevard and
Federal Highway; and the proposed development on the southwest corner of
Dania Beach Boulevard and SE Second Avenue.
• Commissioner Mikes suggested that the item be continued to the next meeting to
allow another meeting between the applicant and the surrounding residents. Mr.
Guthard was more than willing to meet with the residents, however, he explained
that the concerns of the residents were site plan issues, not issues with rezoning
or designation of flex units and he respectfully requested approval of the
rezoning and flex units tonight.
A motion was made by Commissioner Bertino, seconded by Commissioner
McElyea, to adopt the ordinance approving the rezoning from C-2 to RM3,
excluding the designation of flex units, with the understanding that the developer
meet with the affected residents to resolve their issues prior to site plan approval.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury — yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
Commissioner Bertino felt that flex units should be designated to developers who
are ready to build immediately in order to increase tax revenues and would prefer
• MINUTES 12 FEBRUARY 25, 2003
CITY OF DANIA BEACH
that future developers be required to go through the Broward County Plan
Amendment process.
Shelly Eichner explained that Broward County's filing deadlines for Plan
Amendment are March 15 and November 15. If the issue is continued to another
meeting, in order to resolve the concerns of the residents and then another issue
comes up at the next public hearing, they could miss the March 15 deadline if
required to go through the Plan Amendment process.
Commissioner Mikes felt that as a courtesy to the residents, the applicant should
meet with the residents again to resolve their issues. For leverage, he wanted to
withhold the designation of flex units.
In response to Ms. Eichner, Director Leeds reported that there were no flex
applications on file with the City at this time.
Vice-Mayor Flury concurred with Commissioner Mikes. She was of the opinion
that the issue was the residents at this time, not the flex units.
Ms. Eichner stated that if the issue is to resolve the concerns of the residents and
not the issue of applying the flex units, then she would be in 100% agreement
with the Commission. Mr. Guthard confirmed that he was also in agreement.
. A motion was made by Commissioner McElyea, seconded by Commissioner
Mikes, to defer Item 9.3b and the allocation of flex units until the March 12, 2003,
regular meeting.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 22-5 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT
PROPERTY OWNERS OR TENANTS WHO ABUT CITY SWALE AREAS ARE
REQUIRED TO PLANT GRASS AND MAINTAIN SUCH AREAS; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the ordinance title.
• MINUTES 13 FEBRUARY 25, 2003
CITY OF DANIA BEACH
• Mayor Chunn opened the public hearing. Hearing no one speak in favor or in
opposition, the public hearing was closed.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Mikes, to
adopt the ordinance on second and final reading.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury — yes
Commissioner McElyea —yes Mayor Chunn - yes
Commissioner Mikes - yes
9.5 SP-47-99 —A Site Plan Request by Storage Mart Partners, representing
Meditrust Corporation, to allow Phase 11 of Storage Mart to be constructed
with a mansard roof on approximately half of the building, when the
original site plan approval required a mansard roof around the entire
building. Property generally located at the northwest corner of Interstate
95 and Griffin Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY STORAGE
MART PARTNERS, FOR MEDITRUST CORPORATION FOR PROPERTY
GENERALLY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 95
AND GRIFFIN ROAD (2021 WEST GRIFFIN ROAD), DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Laurence Leeds, Growth Management Director, advised that the original
proposed project consisted of four one-story buildings and a second floor
addition to the back of the existing two-story building that faces north. The
applicant now desires to only construct the building along the east and south lot
lines. As part of the building permit for Phase II, staff's position is that the
applicant should complete the mansard roof along the east side of the first story
as well as along the rear of the second story, due to the visibility from 1-95,
however, the applicant has objected to this. The applicant has indicated that he
may construct the final version of Phase 11, but staff has no idea when that would
occur and cannot require it to happen.
Attorney Emerson Alsworth explained that the applicant would like to construct
Phase II of the proposed project in two parts due to financing. He also stated
that the entire second phase would be completed within 30 months. He stated
that the mansard roof would be put on the north side when the two-story building
is extended to the north. It would cost approximately $25,000 to install the
mansard roof now, only to remove it when the expansion is constructed.
MINUTES 14 FEBRUARY 25, 2003
CITY OF DANIA BEACH
• Rich Berry, Architect, explained that if the mansard roof were installed on the
existing building, it would have to be taken off when the expansion is constructed
and a complete new roof would be installed on the expansion. He explained that
they would like to install the mansard roof along the low building along 1-95 and
the side adjacent to the boatyard. They also would like to address the upper
mansard roof at a later date and not incur the additional expense.
Commissioner Mikes mentioned that he was disappointed that a self-storage
facility was built on the property and was absolutely against cutting any slack on
the architectural standards on the property. He would like to see the mansard
roof around the entire building.
Commissioner Bertino also felt that the mansard roof should be installed due to
the visibility from 1-95.
A motion was made by Commissioner Mikes, seconded by Commissioner
Bertino, to approve the site plan with the condition that the applicant install the
mansard roof around the entire second floor.
The motion passed on the following 5/0 roll call vote:
• Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
10. COMMISSION COMMENTS:
10.1 Commissioner Bertino had no comments.
10.2 Commissioner McElyea mentioned that a letter would have to be sent to
the Broward County Historical Society requesting that Dania Beach be
considered as the host City for the November 2004 Pioneer Days.
A motion was made by Commissioner McElyea, seconded by Commissioner
Bertino, to direct the City Manager to send a letter requesting that Dania Beach
be considered as the host City for the November 2004 Pioneer Days.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury— yes
Commissioner McElyea — yes Mayor Chunn - yes
Commissioner Mikes - yes
• MINUTES 15 FEBRUARY 25, 2003
CITY OF DANIA BEACH
• 10.3 Commissioner Mikes asked that the street light outage on Federal
Highway be checked on.
10.4 Vice-Mayor Flury had no comments.
10.5 Mayor Chunn had no comments.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of plaque design and dedication date for Dr. Herman Wrice
Community Center and BSO Substation.
City Manager Pato presented two designs of a plaque for the Commission's
approval.
A motion was made by Vice-Mayor Flury, seconded by Commissioner Bertino, to
approve the "Option 2" design.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury — yes
Commissioner McElyea —yes Mayor Chunn - yes
Commissioner Mikes - yes
Kristen Jones, Parks & Recreation Director, presented two options to the
Commission for a dedication date. She advised that if the event is held prior to
the election, there would only be enough time to organize a ribbon cutting
ceremony with a small barbeque; if the dedication was held after the election,
there would be more time to organize a much larger event.
A motion was made by Commissioner Bertino, seconded by Commissioner
McElyea, to hold the dedication ceremony on July 4, 2003.
The motion passed on the following 5/0 roll call vote:
Commissioner Bertino — yes Vice-Mayor Flury — yes
Commissioner McElyea —yes Mayor Chunn - yes
Commissioner Mikes - yes
11.2 Discussion of traffic studies for College Gardens and SW 28th Terrace.
Michael Sheridan, Public Works/Utilities Director, reported that a study was
® MINUTES 16 FEBRUARY 25, 2003
CITY OF DANIA BEACH
• conducted by Broward County Traffic Engineering to determine the size of the
speed bumps as well as the best locations on SW 28th Terrace, in order to
protect the City from liability.
In response to Commissioner McElyea's concern about the cost for the traffic
study for College Gardens, Director Sheridan advised that the County would only
conduct an engineering study, they would not perform any community outreach
or hold any meetings. In order to conduct a traffic study, which would include
community outreach, an outside agency would have to be retained at a cost of
$9,200.
Commissioner Mikes did not want just a traffic count and speed analysis done in
the College Gardens area, he wanted the City to find an expert who could look at
the mix of traffic and come up with some creative solutions for traffic calming and
to design a crime-free neighborhood with a minimal traffic impact.
Vice-Mayor Flury suggested that Director Sheridan obtain a copy of the study
done by the Town of Davie to use as a guide to design the parameters for an
RFP to conduct an extensive community-wide study to address the traffic issues
in the College Gardens neighborhood..
12. APPOINTMENTS: - NO APPOINTMENTS
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Pato pointed out that the ordinance regarding the sale of
surplus land didn't address whether the City is obligated to list the property
with a realtor if an offer is made prior to listing. He asked for direction with
regard to the sale of four surplus parcels acquired by the City.
Commissioner Flury felt that the sale of the parcels should go through the
appropriate bidding procedures.
City Attorney Ansbro concurred with Commissioner Flury.
City Manager Pato was directed to advertise for bids.
13.2 City Attorney advised the Commission if they planned to speak at the
County Commission meeting regarding the airport expansion, to identify
themselves as a resident and concerned citizen due to the legalities of the
Interlocal Agreement.
13.3 City Clerk — March 11, 2003 -7:00 AM - 7:00 PM- General Election
March 12, 2003 -6:00 PM - Abatement Hearings
MINUTES 17 FEBRUARY 25, 2003
CITY OF DANIA BEACH
March 12, 2003 -7:00 PM - Regular Meeting
March 17, 2003 -7:00 PM — Organizational Meeting
March 25, 2003 -7:00 PM - Regular Meeting
14. ADJOURNMENT
The meeting adjourned at 11:10 p.m.
U;iQ(N4 -
o ton
Mayor— Comissioner
Charlene Joh so
City Clerk
Respectfully submitted by Nanci Denny
Approved: September 9, 2003
MINUTES 18 FEBRUARY 25, 2003
CITY OF DANIA BEACH