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HomeMy WebLinkAbout2006-11-28 Regular City Commission Meeting Agenda Packet AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 28, 2006 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE 1N THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BLVD.,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STET'OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. . B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Gary Garofalo, Chaplain, American Legion Post#304, Dania Beach 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Special Event request by House of God/Church of the Living God Pillar and Ground of the Truth Without Controversy, Inc. for a Health Fair to be held at 810 NW 3`d Street on Saturday, December 2, 2006 from 10:00 a.m. — 3:00 p.m. 4.2 Special Event request by St. Maurice Catholic Church for the St. Maurice Country Fair to be held at 2851 Stirling Road on Thursday, November 31, 2006 through Sunday, December 3, 2006 4.3 Special Event request by Maisto International & East Coast Ryders for the King of the Street Big Car Show Off and Toy Drive to be held at 1700 NW I" Street (Boomers) on Sunday, December 17, 2007 from 12:00 p.m. - 6:00 p.m. Dania Beach City Commission Agenda—November 28, 2006 Page 2 of 9 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens,or interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments" A thirty (30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve minutes of the November 14, 2006 Regular City Commission Meeting Approve minutes of the November 16, 2006 Abatement Hearing Resolutions 7.2 RESOLUTION 92006-201 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 13, 2007 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 13, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2006-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PROVIDING FOR EXPIRATION DATES FOR MEMBERS OF BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7A RESOLUTION #2006-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT ON BEHALF OF THE CITY WITH THE GRIFFIN CIVIC ASSOCIATION, INC. PERTAINING TO ASSOCIATION USE OF AN OFFICE LOCATED WITHIN THE P.J. MELI AQUATIC Dania Beach City Commission Agenda—November 28, 2006 Page 3 of 9 COMPLEX, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CITY HEALTH PLAN CONSULTANT SERVICES FROM THE RHODES INSURANCE GROUP, INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2006-206 .A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER SW 79102P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER WW79103P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION 92006-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN THE AMOUNT OF $15,502.00 FROM DUVAL FORD, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2006-21 I A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING MITCH KRAFT, ESQ. TO ACT AS A CODE ENFORCEMENT SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—November 28, 2006 Page 4 of 9 Ordinances (Titles to be read by City Attorney) 7.10 ORDINANCE #2006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE #2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2- 6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 ORDINANCE#2006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RD STREET, 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 THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.13 ORDINANCE 92006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR Dania Beach City Commission Agenda—November 28, 2006 Page 5 of 9 SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE#2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION'; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE #2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 ORDINANCE #2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Dania Beach City Commission Agenda—November 28, 2006 Page 6 of 9 9.4 ORDINANCE 42006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B. BIGGER, III (RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.5 ORDINANCE #2006-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOHN A VERKEY (RZ-66-06), FOR PROPERTY LOCATED AT 2200 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.6 ORDINANCE 92006-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-64-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.7 ORDINANCE #2006-037 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR PROPERTY LOCATED AT 2555 AND 2565 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL Dania Beach City Commission Agenda—November 28, 2006 Page 7 of 9 RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.8 RESOLUTION 92006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52No STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 14, 2006) 9.9 RESOLUTION #2006-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR PROPERTY LOCATED AT 4432 SW 52°d STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 14, 2006) 9.10 RESOLUTION 42006-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN EXTENSION OF THE EXPIRATION DATE FOR SITE PLAN SP-41-05, APPROVED BY RESOLUTION 2005-180 ON NOVEMBER 22, 2005, SUBMITTED BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC., FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.11 RESOLUTION #2006-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK CONTAINER ON RESIDENTIAL PROPERTY, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.12 RESOLUTION #2006-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN, APPROVED BY RESOLUTION Dania Beach City Commission Agenda—November 28, 2006 Page 8 of 9 2006-127 ON JULY 25, 2006, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Fetscher 10.4 Vice-Mayor Anton 10.5 Mayor Flury 11. DISCUSSION AND POSSIBLE ACTION 11.1 Discussion of Dania Beach Marina—City Manager Pato 11.2 Discussion of the recommendations made by the Neighborhood Improvements Advisory Board 11.3 Discussion of Neighborhood Redevelopment 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino — 1 appointment Mayor Flury— 1 appointment Commissioner Fetscher— 1 appointment 12.2 Civil Service Board (5 Regular and 3 Alternate Members — 2 Commission appointed residents, 1 City Manager appointed resident, and 2 elected City employees; 1 Commission appointed Alternate Resident, 1 City Manager appointed Alternate Resident, and I Elected City Employee Alternate) City Commission— 1 Resident 12.3 Human Relations Board (10 Members—2 per Commissioner— 2 Year Term) Commissioner Bertino— I appointment 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Fetscher— 1 appointment Dania Beach City Commission Agenda—November 28, 2006 Page 9 of 9 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — I per Commissioner—Alternates by entire Commission—2 Year Term) 1 Alternate position 12.6 Parks Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Mayor Flury— 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Wednesday, December 6, 2006 — 5:30 p.m. —Regular CRA Board Meeting Tuesday, December 12, 2006—7:00 p.m. — Regular City Commission Meeting 14. ADJOURNMENT 9 City of Dania Beach • 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION — Events on PRIVATE / PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: ;r:± 'Br(ef D cription of the Event: I f ! / n ' 7 e C�rrz �l h f a sitµ:i Address/Location of Event: !) / N ( b' %h � -�c— Da n4 Event Coordinator: L � �/, - \�� u y� J� Phone#1: J T —'j/S/ �E-mail Address:(/1//rl /9�1�fY2LtG17e12[ly[SF�/� 'C Phone 02: Fax: ✓ �U Mclitlonei ; tact Person for the Event: "IT / E-mail Address: Fax: Crganizationor Sponsor fof/Eve V R :��' G�Cti t trGr1�j -}F Address: 10 / W 16 Lij S � D rc n t r Y5 City,State,Zip Code: / c)",r) Phone: Cell: „ay Is this allon-Profit Organization?,�Y Yes ( J No Tax ID#: C OrPoration Name (As It np�tears/i�n the�4rtidespf Into oration): r-A e C,.f O i- c oo! lN/) . j ('S �ti� C_A't rGl Ci 4 7 ) [ ✓" t9ta l ie //ar limc{ CY-oiyn d [7 'f:: �e T c�F<, uf�n✓>b� Date of Incorporation: 1 � s�l�/t7 7? 1 9 �-� State of incorporation: G�Qy n b[ P Federal ID 4 Authorizing Official for the OrLg/anyiization: Lw E-mail Address: Y ;- .yyl. ,M� AtIthollizing Official for the Organization: Phone#1: B-mail A dress: Phone#2: 4 r, Special Events -" } p Application-Page 1 -Rev.MAY2006 ... - - - .- -- - - - -- Property Owner, d i s G6 r O `MA'- Z,iu is 6' " 'Please Note-A letter of Consent is required from the property owner for the approval of this applkation �n e Itt the letter attached? [t�Yes [ ] No Will any portion of this event take place on Public or City Property? [ ] Yes jyQ No Will there be a charge for admission? [ J Yes No If yes, how much? Has this event been held in the past? [ ] Yes ia1 No J If So, Indicate the City location of last event: T /✓� Is the event to take place: [ J indoors [ ] Outdoors [jd' Both 'Number of Expected Daily Attendants: (�U (DSO or Fire Details may be required-refer to page 6) 'Please indicate the duration of the event: DAY DATE r START TIME END TIME I TOTAL#OF HOURS u�ature[y a , .+4 'Anticipated Date and Time to Begin Set-Up: oee_ a"2 470 (� , g i PiO G• m 'Anticipated Date and Time for Completion of Break-Down: r/x< , �, a0 0 6 " 'Do you have a site plan for the event to be submitted with this application? V4 Yes [ ] No "Please Note-A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes. parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal Or mechanical), patting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing,etc. Is there a request for any road closures? [ J Yes P< No 'Please Identify the street name(s)andlor locations for closure requests: Please Note- These streets must also be identified on the site plan. IN Speclal Events Application-Page 2-Ray.MAY?006 Hi NO.P,2gi itees "?Are you requesting to fence the event? [ J Yes l�No Tease Note-You must identify any fencing on the site plan. iF .,*i* 'Canopies(No Sides) be used for this event? O(Yes [ J No "Fichte Note -All canopies in excess of 400 square feet [Per NFPA 1: Table 1.12.f9(an require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company, Please apply for the permit at.,the" gas Building Department located at 100 W. Dania Beach Blvd. " 'W'd1 Tents(With Sides) be used for this event? [ J Yes �1/Nv ���,. - 'Ptease Note- WI Tents in excess of 200 square feet(Per NFPA 1: Table 1.12,19(a)J require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabrib`f&, td field testing must be submitted for product approval with this application. This information can be obtained-$orrw>�r the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a tsa battery back-up. in addition, they must have emergency egress fighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations,etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. Will electricity be required for this event? �` (Ex.for lighting,sound,cooking,other power needs,etc.) [ ] Yes W No "Howwill this electricity be supplied? On-Site i'': Generator [ J Combination of.Both Please Note - The use of generators, temporary wirfrrg, temporary electrical connections, etc. require permits ..and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. 'y 13ainia-Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master ;a electrician on site. 'Will there be live entertainment at this event? Yes [ ] No Yi 'Please indicate the type (Ex. Band, DJ, Live Performers, etc.): Q S *Please s cif the hours of entertainment: a? DAY DATE START TIME END TIME TOTAL#OF HOURS r 1 c . 22o b Cx. o ? :Syr "Will a stage($) be used in this event? [ J Yes No Please note Fire Extinguisher Requirement in the next question. 'Do you have adequate fire extinguishers for this event? 0 Yes [ ] No 'Please Mote - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial 'ABC Multi-Purpose' (minimum 5lbs.) fire extinguishers that are currently certified and tagged by a Ilcerlsed company, Demonstrate Oat this requirement will be met by making a note on the site plan indicating all Of the above requirements or providing a letter to the fire g'evention bureau Special Events Appliaition-Page 3-Rev.MAY2000 Will there be concessions AA tales of food at this event? [ ] Yes pt] No Please specify: /UA Vlesse Note—An original CePtificale of Liability Insurance and Workers Compensation is required from iii vanoors. Ensure that the Certificate is for this specific event,has the proper dates,and names the City o0anla Beach as an Additional Insured. No event will be approved without this insurance. " ''1Mdfany type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? ( ] t Yes / No 'If so, Indicate the type of appliance(s) to be used and the number of each appliance to be used: ( ] WA [ j Electric Grill(s); #� [ ] Gas Grill(s); #_ [ ] Charcoal Grill(s);#_ [ J Smoker Grills(s); [ j Grease Fryer(s); #" [ ] Electric Range Burner(s); #_ ( } Gas Range Burnar(s); # `Please No —Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96, 'Does each cooking appliance have its own dedicated Fire Extinguisher? [ ] Yes [ ] No Tease Note-Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. 'Does each cooking area have the proper clearances from all other event areas? [ j Yes [ J No -_Please Note•Cooking areas can be located no closer than 30 feet from any tent cr canopy structure, event rides, stages,grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site elan. Will there be sales of alcohol at this event? ( ] Yes 0 No Please Note — An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes,Please Specify Types of Alcohol to be Sold: NIA [ ]Beer [ ] Wine I ] Liquor [ ] Mixed Drinks [ ] Other: loll If alcohol Is being served, please Indicate how the beverages will be served N/A A ( J Draft Truck [ ] Cold Plate [ ] Mini-Bar [ j Beer Tub ( ] Table Se ce Other: Will there be alcohol given away at this event? [ ] Yes fJ No Please Specify Types of Alcohol to be given away: a NIA [ j Beer ( j Wine [ ] Liquor [ ]Mixed Drinks [ ]Other: Will there be retail sales at this event? [ ]Yes (4 No Please Specify: Special Events ADP5Qtiw—Page 4—aev.MAY2eee 6i *Will there b any carnival rides, mechanical or vehicular rides, or animal rides at this event? ( ] Yes WNo 'tf yes,please describe: What is the name of the vendor or vendors providing the rides?J0 NIA i Please Note- If carnival rides are to be present, the rides must be inspected by a state inspector, cRy electrical inspector, and fire Inspector 48 hours prior to the rides opening. .. Are you providing to us a copy of the ride vendor's ificate of Liability and Workers Compensation Insurance with this application? [ ] Yea [ ] No •Preece No An original Certificate of Liability and Workers Compensation Insurance is required for any and „' all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional insured. No event will be approved without this Insurance. 'Will recreational vehicles be used for temporary overnight housing? [ ] Yes No ; Pfesse Not&—Indicate the locations of these on the site plan. *Will then:be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes No "Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, 1.T. Parker Community Center, Harbour Towne Marina.(BSO or Fire Details may be required -refer to page 6) "Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes M'No 'Please Note-Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable,ADA compliant sanitary facilities being provided for this event? ( ] Yes Pd No If so,How many? KN/A Please Note—Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes No Please No —Any questions regarding temporary signage should be direGed to Code Enforcement, (954) 924-3646. Are there any services being requested from the City of Dania Beach? [ ] Yes No If yes, please explain: 'Please list any other condtfions, terms or relevant information related to this event that may be of interests J those reviewing this application for approval: "Indicates special attention Fire Prevention. Special Evens APDllcafion—Page 5—ReV.MAY2006 1 ;n B$Q DETAIL REL RE U 6a.Sed upon anticipated attendance• site or building size, site location, and ability to assure public safety Tegbiraments, a Broward Sheriffs Office Detail may be required. .,yWp WATCH REQUIREMENT "� K�iife-Watch may be Imposed depending on the type of event, number of persons present and/or hazards iftV ed. The number of personnel and apparatus required may vary depending on the type of event and bdiai'ds involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector. -ai P Y ) p Off-Duty detail assignment services performed b Dania Beach Fire Rescue Personnel will e paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $a4.42 per hour, per person (3 hour , minimum). The Cost of apparatus is as follows: Rescue Truck-$32.00 per hour Engine(1500 gpm)-$71.00 per hour Ladder(150o gpm)-$80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail Services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rtes which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the'money, less the expenses incurred for the service. Should the amount of time required for the watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the -actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines,the City ZAp ey's Offi a and the City Commission. //J� /� // �ld.lC pli rlt Title i l/ S �,oDlo Date STATE OF FLpRIDA COUNTY OF BROWARD hfor g -n ru knowledged before me this 111day of ,2006 By o i personally known to me, or,if not, produced the following form f i trfieation: - e s e l Notary Pubti f1' CAWLYtr tFTr KENNEDY I 1) uv coMatssior:r oo 521600 My ComrP15st0 Fifes:�� W. EXPRES:Febn;ary 22.2010 .. 'I .. . .. ��, BenaeernrvNmrVudtunde�an Print ! My Commission numM: Sal eve i special Events Application—Page 6—Rov.MAY2006 1 VI MM� W w LR R � mALL FIeLI) 3,f f 5 I G vV C to v tom} I N s K�Tclat:� OSA 7L`FFic-C Room F�ti t C, C )A �aoT�-1 i'catTl� y� C3o0T!{ l;j�i'S�2 TAIN tt�5 FIZ�o1.ci �Dft�,H �FCl�d�u L`4.i1 �1 m c--C" S CKV ICE$ �G x X)C X X X X x X 12) 11 X k X k x X 11-14-2006 TO WHOM IT MAY CONCERN: 1 t 1 it n:Z IS GVING THE HOUSE OF GOD OF DANIA @ 810 N. W. 3RD STREET PERMISSION TO USE MY -PROPERTY AT Z el 5 V/ FO HEALTH FAIR Ll COMMUNITY EVENT ON DECEMBER 2, 2006. I AM NOT RESPONSIBLE FOR Aiv Y DAIMAGE$ OR ACCIDENT THAT TAKE PLACE ON THIS PROPERTY DURING THIS EVENT. THIS PROPERTY CAN BE USED FOR AND A BOUNCE 1?OTJSE A�rD PARKING. IF YOU HAVE ANY QUESTION PLEASE FEEL FREE TO CONTACT MEAT (954) 92Z-8004 RUTHERA CARTER HE.ARNS 122 Ni . "v-i. 7TT' AVENUE DANIA FLA. THE HOUSE OF GOD WHICH IS THE CHURCH OF THE LIVING GOD THE PILLAR AND GROUND OF THE TRUTH w WITHOUT CONTROVERS, INC. Keith Dominion Florida East Coast Diocese October 27, 2006 Elder Emma A. Lowery, Pastor Dania HOUSE OF GOD CHURCH 1810 Northwest Third Street ;:Dania Beach, Florida 33004 ". ?ear Elder Lowerv: °.I greet you in the name of our Lord and Savior Jesus Christ. I trust that your family, church family, and you are well and yet enjoying the blessings of the Lord. Keep me in your prayers as ' I do the same for you and yours. This communication is a follow up of the telephone conversation we had approximately two .weeks ago in reference to the proposed Health Fair being planned by the Dania Missionary Department. As I stated then, I think the fair is a good idea and could be a good community outreach venture for other local churches. I encourage you to move prayerfully toward your goal of the Community Health Fair with the objective to increase community health awareness and avangelizing in the community. I wish you love,peace, and happiness. May God bless your efforts. Yours sincerely, {A - u eneral Elder C M. Jamison q..,......--..;.,,.,,,.. iding Elder �::.Fnclosure cc: Bishop Rebecca W. Fletcher, Presiding State Bishop and Chief Overseer General Elder L.M. Cooper, General Elder Deaconess Deloris McKenzie, Dania Missionary President Reverend Hazel Young, Health Fair Coordinator M yyr,v� Request For Health Vendors ructions: Please e-mail completed form to The form will be shared Itt "lftembers of the Outreach Planning Group (OPG) distribution list. The appropriate OPG groups= Members will then contact You direct! to discuss their availabili to Participate in our event. _ve Tide of Event: "Nlissionary First Annual Community I-Iea11h Fair" "" { I ocation of Event Dania Fl Address of e,,S t Site R 10 N.UV. 0.1 S seer City D:tma fl — " . Zip 3330d. Number to be used on day of event (95 t 652-9575 or(9 1•) 249A283 ta< Date of):vent Dccemb�r 2 2006 Stan Time 10:00a.m. End -lime Day(s) of the Week for Evens Saturdays'' Rain out Date j2L9/2006 Event Sponsor: The House of God Dania bead Orgtniration's Nante The House of God Dania Co-Sponsor Organization's `acne W D Youdi Outreach Ministry Inc Event Planner's Name Rev. Hazel i oung& Lonnie You &Rev. (;wen $t. Hillarie Tide inistcr Daytime Telephone 954 6.52-9575 or 9.54) 587-5331 94iling Address 7509 S.W. 7' St. V. Lauderdale M 33068& 4751 S.1�'. 23"St. Ft, Lauderdale F133317 k + r• bX.L E-mail wvvidoutreac hniinisglc^Ltv-tltoo com a4eBooth Registration Due by November 1{1006 BoodVEn Fee . 0.00 Addt];onal Contact Person (if applicable)12ev. Gwen St. Hillarie & Sis Hoard Daytime Telephone 9.i<1 560:L4D or 954 587-7152 or (954) 581 9087 E=m&ihow;trdllChellsouth net It is customa for the 6GHD and non-profit or anizations torequest a waiver of fees. Purpose or Theme of Event: Community Awareness and Evan rlizin Target Audience Community ' Age Group of Attendees All alres 1?Attcnded Last Year N/A # Expected This Year 200-300 t Event Planner Requests the following; Education Brochures, Dis la s TDs DS S Safety & Inju Prevention TDs General Health Education ® Dental )l antis ealth I Famil Planning ® ®Abstinence E Disaster Pre aredness ducation AdolOscent Health Nutrihon Breast and Cervical Cancer ® Kid Care Tuberculosis Chronic Disease(Diabetes, CVD, Cancer,etc.) Environmental H "`'"'"' `MeMa1 Health ealth "" lmmuniza[ions !` - Maternal & Child Health/Healthy Start Screenm S, Immunizations & Testing Glucose ® HIV Cholesterol Blood Pressure � Immunizations Child Immunizations Adult Sexuall Transmitted Diseases He atitis Breast and/or Cervical Cancer Social Services(Specify) Children family services Prohibitions(E.g_ Safer sex materials) Requests for additional services (provided by our health partners)not listed: add unditries foot care Note:Submittin this form well in advance increases the likelihood o/ mvider artici abon. (continued on Reverse) Request For Health Vendors Site Accommodations for Health Providers (Vendors): Indoor ves or Outdoor Rain Shelter ves (tent) Restrooms yes Private Area for Confidential Screening Available? ves a Electricity ves Audio/Visual Equipment Yes Refi-ig)eration (for Vaccines,Test Supplies) ves Instructions for Vendor Parking yes Location of Vendor Check-in Table & Site Nlap vcs Vendor Set-up Time 9:30 Is Set Up Assistance Available? Yes Take Down By What"lime? 3:00 I I Timing of Event: What Other Events Are Scheduled in Community for Same Day? N_ZA Will This I•Iave An Impact On Turnout`? NN/A. Sttateu to Attract Attendees: Coordination With Other Organizations? m Open to the public? Yes Entertainment Provided? ves Orildren's Activities? Yes (bounce house) Advertisements? (e.o., radio,Tv'spots) ves Newspaper Announcements? 'vVe will tr1 s' Flyers Distributed to Other Organizations Well in Advance? ves Will Signs Be Posted In Key Neighborhood Sites?yes Other Marketing Activities? ves i Comments: We wfflu also prmide free food for the community There gill be clothing given away Broward Outreach Planning Group 312006 �. City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION — Events on PRIVATE / PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: F� / ST— M'C1ry r e_E 'Brief Descrietion of the Event: 14 DES mF 4RA7tiIVRc.. ll�'fptS FGnr> �ro�lsy A2TS f C,CAaTSr wl-I rI ELt Pl1PnTJ 46,b E��/T �2TA/r/ ✓/E yr Address/Location of Event: 57lje,L4/v (, k't�> ram/ rL 3331-3 Event Coordinator: GEC/ t E EK4 S7-E,4,) Phone#1: 96/ 77-77 E-mail Address: CEcrr rr NG1Vi� LOALR• Phone#2: 9Sy q b N 13 Fax: �! S�f 96/ 1-13 S<F Additional Contact Person for the Event: r-,< /\OGEI� f{P�QvfS�E Phone#1: lsS4 y6/ 77T E-mail Address: Phone#2: Fax: Organization or Sponsor of Event: �;'I MAv K f c- : �FkT 4-1 - /c R H Address: -� D S / rV L ST-/ K r-/ City, State, Zip Code: N ti / ige-A e-14 -3 3 3 /a Phone: '0/Jq 96/ 7777 Fax: /5 �/�1 V3�'F Cell: o 0 Is this a Non-Profit Organization? K Yes [ ] No Tax ID #: YS' p Ol4 S Corporation Name (As it appears in the Articles of Incorporation): MA Date of Incorporation: Al A State of Incorporation: /V � Federal ID #: S I / 3;� 3Q7 / / Authorizing Official for the Organization: rrV /PcrG Ck /4C7(-CC&Ck Phone#1: 9S-­1 96 / 7 777 E-mail Address: Phone#2: Authorizing Official for the Organization: E� /LE �R S> Z Aj Phone#1: / 7 7 7-7 E-mail Address: ZEe-t(-a: e--itLIE3--Pr �A/�/ Flc •���/ Phone#2: Special Events Application—Page t—Rev.MAY2006 Property Owner: *Please Note-A letter of Consent is required from the property owner for the approval of this application. Is the letter attached? [ ] Yes [4 No Will any portion of this event take place on Public or City Property? [ ] Yes [A No Will there be a charge for admission? [ ] Yes No If yes, how much? Has this event been held in the past? bC] Yes [ ] No If So, Indicate the city location of last event:A ST iT�'c,/N 6 hO *Is the event to take place: [ ] Indoors [ ] Outdoors [X] Both *Number of Expected Daily Attendants: or Fire Details may be required-refer to page 6) T *Please indicate the duration of the event: DAY DATE START TIME END TIME TOTAL #OF HOURS THvRS NOV 3C,AW6 .GO t0fil ,S GPI A Dew I oiw6 Sar vrZ tc dGvb lam:FG AGGiIJ !l'GO P" ! l v And 3 '_�ca6 Q:CG AA._ + 9:C.-7a PM *Anticipated Date and Time to Begin Set-Up: G"-T d I , aG0(o c6�iy *Anticipated Date and Time for Completion of Break-Down: Dt­ 5, '9)rG4 *Do you have a site plan for the event to be submitted with this application? [yf Yes [ ] No *Please Note - A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [✓] No *Please identify the street names) and/or locations for closure requests: Please Note- These streets must also be identified on the site plan. Special Events Application—Page 2—Rev.MAY2006 *Are you requesting to fence the event? [ ] Yes [x] No Please Note—You must identify any fencing on the site plan. *Will Canopies (No Sides) be used for this event? [ ] Yes [A No *Please Note -All canopies in excess of 400 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd. *Will Tents (With Sides) be used for this event? [A Yes [ ] No *Please Note—All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *Will electricity be required for this event? (Ex. for lighting, sound, cooking, other power needs, etc.) V) Yes [ ] No *How will this electricity be supplied? [ ] On-Site [ ] Generator Dq Combination of Both Please Note — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? DQ Yes [ ] No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): &AM6 *Pleasespecify the hours of entertainment: DAY DATE START TIME END TIME TOTAL#OF HOURS rZ> r A II o6 7'ooPM 9; 3a P Al d' -5 R ooa- I A Io, c& Pr-/ IO!oo PM ✓A-R/Gt7S *Will a stage(s) be used in this event? DQ Yes [ ] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? Dq Yes [ ] No *Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum 5lbs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. Special Events Application—Page 3—Rev.MAY2006 _ Will there be concessions or sales of food at this event? 0 Yes [ ] No Please specify: /P/zz A parr+ - FIOt 1)oGS fi �M"&S r=S - ':�oRA-) *Please Note-An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates, and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? 11q Yes [ ] No *If so, indicate the type of appliance(s)to be used and the number of each appliance to be used: [ ] N/A [ ] Electric Grill(s); #_ �] Gas Grill(s); #_ [J9 Charcoal Grill(s); #_ [ ] Smoker Grills(s); #_ �Cf Grease Fryer(s); #, [n] Oven(s); #_ [ ] Electric Range Burner(s); # [ ] Gas Range Burner(s); #_ *Please Note - Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? M Yes [ ] No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? VI Yes [ ] No Please Note-Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? 0 Yes [ ] No Please Note - An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: ( ] N/A 0 Beer [)4 Wine b4 Liquor [x] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [ ] N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar ( ] Beer Tub [�q Table Service Other: /N 5nE R + GLA^ 7 T.,vmr)4 f Sr� rS�E SA�mn� Will there be alcohol given away at this event? [ ] Yes pQ No Please Specify Types of Alcohol to be given away: )] N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? [ ] Yes K No Please Specify: Special Events Application—Page 4—Rev.MAY2006 *Will there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? ( Yes [ ] No *If yes, please describe: / RPZ fS G✓Ff1 ^�/ED2R�1 ��'� /t /3ct� �C /n/ q �L What is the name of the vendor or vendors providing the rides? [ ] NIA. 1ie17-HvFFCR AMysdE /-/En)YS f '- Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [ ] No *Please Note-An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? Dq Yes [ ] No Please Note-Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [)C] No *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability.and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina.(BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes bQ No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? K Yes ( ] No If so, How many? Iii [ ] N/A Please Note-Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes M No Please Note-Any questions regarding temporary signage should be directed to Code Enforcement, (954) 924-3646. Are there any services being requested from the City of Dania Beach? [ ] Yes [Jc] No If yes, please explain: *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: Vvlz _ SEGVECttyAIrlA) S62f?k2 NAS /I - SEC)M4vRS { tKEkZ�/nj EA.�S D,ar � EA�_N `� ,P _- w1f H-A-k7- if"t-SO CO NTl4 cT�7� 71T-L 1=/�E I�EQ7 To ��I�EiP T}/£ ErE , *Indicates special attention Fire Prevention. Special Events Application-Page 5-Rev.MAY2006 BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff's Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine (1500 gpm) - $71.00 per hour Ladder(1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office and the City Commission. SGoea o MAp lc� n A Title (,l��gyt Ce�.�esGti Ib - e7.O --O(o Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this�4 day of ��T , 2006 ����f�llllll!////yy By R04 qQ /�p�OvBEK 'who is personally known tome, or, if not, produced the 'NWA. /�i form of identification: �� Zs `.'a a v , b 0. 20Q FN%Z i Notary Public =�;F C 9 *_ rr � � " m•ac Sign: I V_d Y Ai 2 - My Commission expires: 6�5/D� it • kDp°437295y.Q Print:i,1AvrCesEN A "VL^ / My Commission number: Ll `a pa,,,p "`'� i• O� Special Events Application-Page 6-Rev.MAY2006 FLORIDA G� ,j 0 INTEROFFICE MEMORANDUM To: Mayor Pat Flury Vice-Mayor Robert Anton Commissioner Paul Fetscher Commissioner John Bertino Commissioner Anne Castro From: Kathy Herman Date: November 21, 2006 Subject: East Coast Riders "King of the Street Car Show 8s Toy Drive" A meeting was held on Tuesday, November 21, 2006 to discuss the above mentioned event. In attendance was Major Larry Rogers from BSO, Sean Brown, Fire Marshall, Tom Ansbro, City Attorney, Mark Felicity from Parks and Recreation, and Kathy Herman, Special Events Coordinator. It was agreed upon that this event should be placed before the commission contingent upon the following: Verification of the musical acts that will be performing Payment of Fire and BSO details Obtaining an electrical permit for the generator Providing fire extinguishers for the stage and all cooking areas. "Broward's First City' 100 Wes[ Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION - Events on PRIVATE / PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: 4. n I\ 1U1C (:4 y6i l -Gi 5hc'v'a7 �flit/ e 'Brief Description of the Event: I'K � S Address/Location of Event: Floo 4 I S 1 Event Coordinator: /�,j ; r' I PL( C Z Phone#1: � tr � `i � j -'�) ) / F E-mail Address: Zc i1 4, y f%l' ;'yt C'� � f� t. J"7 VQC�t,cc Phone#2: / S=l 3 4 z c y Fax: 3 a — /c 3 g o 0 Additional Contact Person for the Event: Phone#1: E-mail Address: Phone#2: Fax: P Organization or Sponsor of Event: A e } ;C;Z c, , 1 4 Cc c.`) Address: 23 f S t S / 1 3 �' City, State, Zip Code: Phone: �,5 ��`1 �- 3 .z Fax: 3- (oi, - b 5`0 ci Cell: 7 �'• E. >`( j -`12, Is this a Non-Profit Organization? [ ] Yes [ No Tax ID #: Corporation w/Name/(As it appears in the Articles of Incorporation): Date of Incorporation: C ! State of Incorporation: Federal ID #: h Q Authorizing Official for the Organization: 1.>°�L t ` l f. ( C� Phone#1: E-mail Address: Phone#2: Authorizing Official for the Organization: Phone#1: E-mail Address: Phone#2: Special Events Application-Page 1 -Rev.MAY2006 Property Owner: ` > c.' �� r i' 7 L% L I \ )A ` L *Please Note—A letter of Consent is required from the property owner for the approval of this application. Is the letter attached? (✓Yes [ ] No Will any portion of this event take place on Public or City Property? ( ] Yes [,(No L Will there be a charge for admission? [V(Yes [ ] No If yes, how much? Has this event been held in the past? [L_,/Yes ( 1Vo If So, Indicate the city location of last event: A c� (, , c3 f:1 A *Is the event to take place: [ ] Indoors [\.]�Outdood s ] Both *Number of Expected Daily Attendants: COO (BSO or Fire Details may be required-refer to page 6) *Please indicate the duration of the event: DAY DATE START TIME END TIME TOTAL #OF HOURS a « i : 1 `i o �� (v > *Anticipated Date and Time to Begin Set-Up: y� — ] / " t ' el✓A *Anticipated Date and Time for Completion of Break-Down: I — [ _U �"tR i4,L *Do you have a site plan for the event to be submitted with this application? [ ] Yes [ ] No *Please Note — A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [✓] No f� *Please identify the street name(s) and/or locations for closure requests: I ` Please Note— These streets must also be identified on the site plan. Special Events Application—Page 2—Rev.MAY2006 *Are you requesting to fence the event? [ ] Yes [.1No Please Note—You must identify any fencing on the site plan. *Will Canopies (No Sides) be used for this event? [.,(Yes [ ] No *Please Note -All canopies in excess of 400 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W. Dania Beach Blvd. *Will Tents (With Sides) be used for this event? [ ] Yes [,�No *Please Note—All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.191 require building permits and inspections. All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *Will electricity be required for this event? (Ex. for lighting, sound, cooking, other power needs, etc.) [' Yes [ ] ,No *How will this electricity be supplied? [ ] On-Site Generator [Combination of Both Please Note — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? [ j`Yes [ ] No *Please indicate the type (Ex. Band, DJ, Live Performers, etc.): *Pleasespecify the hours of entertainment: DAY DATE START TIME END TIME TOTAL# OF HOURS *Will a stage(s) be used in this event? [✓] Yes [ ] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [ Yes [ ] No *Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum 511bs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. Special Events Application-Page 3-Rev.MAY2006 Will there be concessions or sales of food at this event? [4 Yes ['?No / Please specify: c L.1 ? / r . C v v1<l �i l V1 ' *Please Note—An original Certificate of Liability Insurance a d Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates, and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? Yes [ ] No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: [ ] N/A [ ] Electric Grill(s); #_ [ ] Gas Grill(s); #_ [ ] Charcoal Grill(s); #� [ ] Smoker Grills(s); #� [ ] Grease Fryer(s); #_ [ ] Oven(s); #_ [ ] Electric Range Burner(s); #_ [ ] Gas Range Burner(s); #_ *Please Note—Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [;.j�Yes [ ] No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? [ ] Yes [ ] No Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? [ ] Yes [vj/No Please Note — An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: [-f N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [q/N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? [ ] Yes [i.)No Please Specify Types of Alcohol to be given away: [N/A [ ] Beer [ ]Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? [6 Yes [ ] No Please Specify: Special Events Application-Page 4-Rev.MAY2006 *W' there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? [dYes [ ] No ((�� *If yes, please describe: T DC>G y"A z_( �7 I' t r S ill ; What is the name of the vendor or vgPdors providing the rides? [ ] N/A Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [,,� No *Please Note—An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes [-,(No Please Note—Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [,4/No *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, 1. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes [✓f No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? [v(Yes [ ] No If so, How many? j _ [ ] N/A Please Note—Provide the locations of all sanitary facilities on the site plan. i Is there a request for any temporary signage for this event? [✓] Yes [ ] No Please Note — Any questions regarding temporary signage should be directed to Code Enforcement, (954) 924-3646. Are there any services being requested from the City of Dania Beach? [ ] Yes [v] No If yes, please explain: *Please list any other conditions, terms or relevant information related to this event that may be of 1j int�e^rest to those reviewing this application for approval: { /t.rt i.' 1 ram: ' /' + ri ! .> fr9 c:.•-n.• a4 .� Ic, ./ i *Indicates special attention Fire Prevention. Special Events Application-Page 5-Rev.MAY2006 BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriff's Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck - $32.00 per hour Engine(1500 gpm) - $71.00 per hour Ladder(1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office and the City Commission. L�� � e .. t-� t gnature of AppJtco t Title Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this_day of , 2006 By who is personally known to me, or, if not, produced the following form of identification: Notary Public Sign: My Commission expires: Print: My Commission number: Special Events Application—Page 6—Rev.MAY2006 1 t,� ti r. y„.... .1700.NW 1st- • Dania;FL 33004 ...,,o Tel(954) 921-1411 Fax(954) 925-2604 `yK i iry1 r To Kathy Herman: This letter is to inform the city of Dania that we at Boomcrs! would like to host an event with Daniel Pere, CEO and founder of MIA IntemationaliKing of the Street •-Magazine/East Coast Ryders on Sunday December 17 which includes a Toy Drive to benefit the community. Thank you for your consideration, we a eatly look forward to this event, and please call us with any questions or concerns. ='p Regard , v Mike Chcckett Group Sales Boomers? of Greater Ft. Lauderdalet 'kk ; rt rA tc ,yG y: t i y: � .. ., rM•.it„y( I FACSTMILE TRANSMITTAL SHEET TO: FROM Mike Checkett COMPANY: DATEL Ile, : ( ;Pi I, "'PHONE NUMB TOT.4t.NO.� -PAG S INCLUDING COVF.IZ + "JAX NUMBER: SENoF..R'S PHONE NUMBER: 954-921-1411 Ext. 100 AF: SLNDF_R'S FAX NUMBER: 1 d+y $ � - 954-923-2604 yyyy••� 5 jr1 ❑URGENT ❑ FOR REVIEW ❑ PLEASE COMMFN'I' Q PI.FASF REPLY Q PLLASF.RETURN M- NOTES/C71-LAENTS. Groups! PleNe Return: B-Day Parties! Please Return: -Group Event eemen.t B-Day Reservati -Terms and Condia Agreement B-Day Con ation -Tax Exempt Form (if ap 'cable) Paym Authorization WEEKDAY BIRT DAY PECI O RS!: Monday. Free Upgrade - If you book the $12-99 Basic ,age, you receive the Deluxe Package (Value of$16.99) If you book the 516. eluxe Package, you will re ve the Ultimate Package (Value of$21.99) 7l W Tuesday & T sday: In addi n to the $12.99 Basic Package you kill receive unb. Ed non- :4 redo on video games instead of 20 tokens per guest. - - The $21.99 Ultimate Package includes the unlimited non-redemption video games as well as unlimited attractions listed under the Ultimate Package. t q ' I MIiG G. Cid LC:K ETT 17nn NW t''r ST. DAN'A PL 330114 7l MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 14, 2006 — 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Rabbi Avram Skurowitz, Maimonides Academy, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Status report on the recommendations made by the Neighborhood Improvements Advisory Board—City Manager Pato City Manager Pato listed the timeline of events since the Bond Referendum was approved by the voters on March 8, 2005, as follows: • May 24, 2005 -Neighborhood Improvements Advisory Board (NIAB) created • June, 2006—NIAB submitted its final report to the City Commission • June 23, 2006—City Manager submitted his report to staff for review and cost estimates • August 2, 2006 — City Manager reported cost estimates to the City Commission • November 1, 2006 — Staff submitted RFP's to the City Attorney for review • November 9, 2006 — City Attorney sent RFP's back to the Public Services Department for final comments. He indicated the RFP's for design would come before the Commission in December and work should begin mid-July, 2007. City Manager Palo further noted that projects would include sidewalks, traffic calming devices and lighting. The neighborhoods that would benefit from these funds would be: LeBeau Acres Estates of Fort Lauderdale Ravenswood Estates Davis Isles Gold Coast Twin Villas Avon Heights Avon Park SW 40d' Avenue area Playland Isles Melaleuca Gardens College Gardens Dania Beach Heights Old Northwest, SE 5`n Avenue Nature's Cove Dominic Orlando, Director of Public Services, explained that a survey must be done before new sidewalks are constructed. He advised that traffic lights requested by some neighborhoods would not be included in the Bond issue, but they need to be done through Broward County or FDOT. Director Orlando indicated that a bid for solar lighting would be advertised next week to address the needs in the west section of the City. Mayor Flury requested an update on the SW 2°d Avenue traffic situation. City Manager Pato responded some work had begun; however, we have complicated issues with FDOT regarding approvals for the City. He clarified, for the record, that we have not dragged our feet. Scott Bruner, Calvin Giordano and Associates, indicated FDOT is cooperating and wants to meet with us to coordinate the 2nd Avenue improvements as part of their project. Mayor Flury commented that if the process is held up by FDOT, we should put the temporaries back up. She remarked the City Hall project is the lowest priority and is the only one moving along. 4.2 Update on status of Fire Station 493 —Deputy Fire Chief Mike Cassano Deputy Fire Chief Cassano noted the project is on schedule. They are hoping to get the plans back from the County in 2-4 months and put it out to bid in the first quarter of 2007. 5. Proclamations 5.1 Jaxson's Ice Cream Parlor Restaurant and Country Store Month Mayor Flury and the City Commission presented a proclamation to Monroe Udell for his 50 years of business at Jaxson's Ice Cream Parlor. She advised Jaxson's would have a special event on Saturday, November 181n Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Marylynne noted the event would take place between 7:00 p.m.-10:00 p.m. They are raising money for an oscillating resuscitator for Joe DiMaggio Children's Hospital. She invited everyone to attend the event. Commissioner Castro asked if Item#11.3 could be pulled to the front of the agenda. Mayor Flury noted she would pull Item 411.2 and Item #11.3 and hear them after Citizen Comments. 6. Citizen Comments Kurt Ely, 245 SW I" Avenue, noted the Commission should look at the way City Board terms expire. He asked that the ordinance be changed and suggested the terms expire 90 days after an election. Mr. Ely commented the I.T. Parker Community Advisory Board has received requests for fee waivers on the use of the facility from non-Dania, non-profit organizations. He clarified that the Board recommends waivers only if they are events that benefit Dania Beach. Chickie Brandimarte, 101 SE 3`d Avenue, noted there are changes in the City and she feels good with this Commission. She added that the Commission is facing challenges for Dania Beach and she is proud to see what is going on in this town, including the development at Jai Alai. Lisa Young, representing Dania Beach Heights Association, noted their Civic Association would have their Annual Thanksgiving Feast at City Hall on Monday, November 20`h, at 7:00 p.m., and invited everyone to attend. She also expressed their support for Boyd Gaming in their pursuit of Dania Jai Alai and the Fire Department in the request they are presenting tonight. Item #11.3 was heard after Citizen Comments The Consent Agenda was heard after Item 911.2 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.9, #7.14 7.1 Minutes: Approve minutes of the October 24, 2006 Regular City Commission Meeting 7.2 Travel Requests: Travel request of City Manager Ivan Pato to attend the National Council of Legislators from Gaming States (NCLGS) Conference in the Florida Keys from January 11-14, 2007. (Estimated cost$1,062—Remaining Budget$12,538) 7.3 Request by Jay Kodner for an Occupational License and Auctioneer's License for property located at 6 S. Federal Highway, Dania Beach, Florida. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday.November 14,2006—7:00 p.m. Mayor Flury asked if the building was complete and if the shutters would be opened. Laurence Leeds, Director of Community Development, advised the shutters are open during the day. He suggested the Commission adopt an ordinance to address shutters. It was the consensus of the Commission to direct the City Attorney to prepare an ordinance concerning the removal of hurricane shutters. Commissioner Bertino motioned to approve the Occupational License and Auctioneer's License request for Jay Kodner, for property located at 6 S. Federal Highway; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Resolutions 7.4 RESOLUTION 42006-191 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A RENEWAL OF AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-SCHOOL TIME) GRANT PROGRAM; APPROVING ENTRY INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE:GRANT AGREEMENT, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT;CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION 92006-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM ENVIRONMENTAL REAGENT SERVICE, IN AN AMOUNT NOT TO EXCEED $40,000.00 IN FISCAL YEAR 06/07, UNDER SOUTHEAST FLORIDA CO-OP PURCHASING GROUP CONTRACT #R-2002-184; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2006-165 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SODIUM HYPOCHLORITE FROM ALLIED UNIVERSAL CORPORATION, IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 06/07, UNDER PALM BEACH COUNTY COOPERATIVE GROUP BID #05-093/CB; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. 7.7 RESOLUTION #2006-166 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $75,000.00 IN FISCAL YEAR 06/07, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC BID #06-33B; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2006-196 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A WATER CONSERVATION PLAN; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.9 ORDINANCE #2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-040. Mayor Flury asked if these were the updated Impact Fees. City Attorney Ansbro responded in the affirmative and added these are the new proposed rates and are the maximum the City can charge. He clarified the new rates would become effective 90 days after adoption of the ordinance. Commissioner Bertino motioned to adopt Ordinance #2006-040, on first reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.10 ORDINANCE #2006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B. BIGGER, III (RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-I (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE 92006-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOHN A VERKEY (RZ-66-06), FOR PROPERTY LOCATED AT 2200 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM ]ROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 ORDINANCE #2006-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-64-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL),TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.13 ORDINANCE #2006-037 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR PROPERTY LOCATED AT 2555 AND 2565 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.14 ORDINANCE #2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2006-038. Mayor Flury asked if this was a different plan than the one we already have. She thought the residents should be informed of any changes. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Dominic Orlando, Director of Public Services, advised that the water use permit renewal requires the implementation of this plan. He also noted that the watering restrictions now apply between the hours of 9:00 p.m. and 9:00 a.m. City Manager Pato advised notices are being prepared for mailing with the water bills. Commissioner Castro motioned to adopt Ordinance 42006-038, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Item #9.10 was heard after Item #7.14 7.15 ORDINANCE #2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.3, #7.9, and #7.14; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans Item #9.1 was heard after Item#9.10 9.1 ORDINANCE 42006-032 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 29 "LAND DEVELOPMENT," ARTICLE 11 "DETERMINING CONSISTENCY WITH THE CITY/COUNTY COMPREHENSIVE PLAN', TO ADOPT BROWARD COUNTY METHODOLOGY FOR COMPLIANCE WITH CHAPTER 163.3180, FLORIDA STATUTES, WITH REGARD Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. TO TRANSPORTATION PROPORTIONATE FAIR SHARE MITIGATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-032. Laurence Leeds, Director of Community Development, advised that this ordinance is a requirement of Chapter 163, Florida Statutes, to maintain the City's ability to amend the City Comprehensive Plan. He noted that it is a housekeeping item and staff recommended approval. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2006-032, on second reading; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes City Attorney Ansbro advised the following items are quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on any of these matters. 9.2 ORDINANCE 42006-033 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "SHOPS AT GRIFFIN SUBDIVISION" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, 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 THE "SHOPS AT GRIFFIN SUBDIVISION" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42006-033. Corinne Church, Principal City Planner, advised the subject property is located at the SW comer of Griffin Road and Ravenswood Road, adjacent to Harbor Isles and it is currently vacant. She further clarified this is just a perimeter plat. She explained that when the applicant processed the request with the County, they designated an entry point along Griffin Road and on Ravenswood Road. The Planning & Zoning Board recommended approval. Ms. Church indicated some of the items mentioned in the staff report have already been addressed. Mayor Flury opened the Public Hearing. Pat Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale, would like a traffic light installed. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Vice-Mayor Anton clarified that the traffic light request would have to be approved and installed by FDOT and not the City. Robert Schmit, 43`d Avenue, is happy to see somebody do something with the property and commented it would be an asset to the community. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Ms. Church confirmed for Commissioner Bertino that the outstanding concerns are mainly clerical and would not prevent the applicant from moving forward. Commissioner Bertino motioned to adopt Ordinance #2006-033, on second reading, with conditions; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.3 ORDINANCE 92006-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ARTICLE 16, ENTITLED "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING" TO PROVIDE REGULATIONS APPLICABLE TO U.S. BORDER PATROL FACILITIES AND RELATED SHORT TERM DETENTION FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-030, Ordinance 92006-031, Resolution #2006-193 and Resolution #2006-194 because they all pertained to the same matter. Laurence Leeds, Director of Community Development, advised the first item is a zoning text amendment, and the second is a rezoning from IG to IRO to allow a Border Patrol facility. He explained the building would resemble a one-story office building, and the site plan addresses all the issues. The Planning & Zoning Board recommended approval of all four items. Director Leeds indicated that the Public Services Director did not support a waiver of the sidewalk because it is contrary to ADA requirements. Mayor Flury opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearings. Attorney Hope Calhoun, Ruden McClosky, was present to answer questions. Commissioner Bertino would like language included to restrict the length of time someone could be held in the facility. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Director Leeds advised that was not included in the Code because it is difficult to enforce. Mayor Flury agreed with Commissioner Bertino about the length of time people can stay at the facility. Attorney Calhoun confirmed no one would be detained overnight, or longer than 24 hours. Commissioner Bertino expressed his concerns about the possible storage of explosives and any contraband that might be brought to the facility. He would like language added to the Ordinance to restrict contraband held at the facility. Attorney Calhoun advised they would be happy to make the necessary changes, however, it is not their intent to store explosives at this facility. City Attorney Ansbro advised he was confident that EPA would not allow it. Commissioner Bertino would like a prohibition for biological, chemical or radioactive agents or materials. Director Leeds commented it was up to the Commission to add a prohibition against Atomic, Biological and Chemical Weapons (ABC). It was the consensus of the Commission to add biological restrictions. Attorney Calhoun referred to the request by the Public Services Director to provide sidewalk due to ADA requirements. She requested to have the sidewalk installed at a later date, since at the present time it would lead to nowhere. Vice-Mayor Anton suggested adding language stating the sidewalk would be installed at a later date. Commissioner Castro and Mayor Flury both disagreed with Vice-Mayor Anton's suggestion and recommended installing the sidewalk at the time of construction of the facility. It was the consensus of the Commission to deny the Sidewalk Waiver request and have the sidewalks installed. Commissioner Castro motioned to adopt Ordinance 92006-030, on second reading, with 24 hour limitation on detention; seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. 9.4 ORDINANCE 92006-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A.ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF NE 7Tu AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IG (INDUSTRIAL GENERAL), TO IRO (INDUSTRIAL RESEARCH OFFICE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Commissioner Castro motioned to adopt Ordinance #2006-031, on second reading; seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.5 RESOLUTION#2006-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH, FLORIDA, FOR A SPECIAL EXCEPTION TO ALLOW A UNITED STATES BORDER PATROL FACILITY IN AN ` IRO" ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution 42006-193; seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.6 RESOLUTION #2006-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A.ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF NE 7T" AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution 42006-194, with the condition that sidewalks be installed; seconded by Commissioner Fetscher. The motion carried on the following 3-2 Roll Call vote: Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Commissioner Bertino No Vice-Mayor Anton No Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.7 RESOLUTION #2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52No STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-195 and Resolution #2006-197 because they involved the same property. Corinne Church, Principal City Planner, showed the location of the property and advised the request is for a variance, waiver, and site plan for the construction of 8 townhomes. The applicant is requesting a variance to allow a driveway to be 22 feet, where Code requires 24 feet; and a waiver to allow 38% pervious area, while Code requires 40%. The Planning & Zoning Board recommended approval with staffs conditions and a 6 foot wall along the west, north and east lot lines of the site. She clarified that some conditions have already been addressed by the applicant. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro questioned if any of the adjacent neighbors objected to the project. Ms. Church responded a neighbor attended the Planning & Zoning Board meeting and asked for a higher wall, which the applicant agreed to install. Commissioner Bertino asked the sale price of the townhomes, and indicated there are very nice houses next to the subject property. He wants to insure that the dollar value of that area is kept intact. Sheryl Zvi, Consultech Development Services, Inc., representing the applicant, advised the architect for the project was unable to attend the meeting, however, she thought the price would not be too low. Commissioner Bertino motioned to continue Resolution #2006-195 and Resolution #2006- 197, until the City Commission meeting on November 28, 2006 at 7:00 p.m.; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. 9.8 RESOLUTION #2006-197 Continued to November 28, 2006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR PROPERTY LOCATED AT 4432 SW 52nd STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.9 RESOLUTION #2006-198 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY HOLD-THYSEEN, INC. MANAGEMENT COMPANY REPRESENTING PROPERTY OWNER JANIE M. COBB, V.P., CABOT 11, INC., FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND FENCES", FOR PROPERTY LOCATED AT 2200 SW 45Tu STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-198. Corinne Church, Principal City Planner, advised the request is for a variance to allow the installation of a 10 foot wall with chain link and barbed wire, where Code allows a maximum 6 foot wall. Ms. Church further noted that the applicant provided information from U.S. Customs and Homeland Security requiring the proposed fence in order to protect containers coming and going from Port Everglades. Laurence Leeds, Director of Community Development, commented that containers are currently not permitted at this location. He added the applicant provided a description of the regulations, however, we do not have any information on whether this is a bonded warehouse or what it will be used for. Director Leeds asked the architect for the project to explain the need for this type of treatment. Charles Latezia, architect for the project, advised the tenant would be Toyota Tshusho America, Inc., and this facility would be the parts distribution center for Central and South America and the Caribbean. He further indicated it is a bonded warehouse, which is similar to a free trade zone. He confirmed for Director Leeds that there would not be containers outside the building. Mayor Flury questioned if this facility would have an adverse effect on the neighbors in the area. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-198; seconded by Commissioner Fetscher. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 14, 2006—7:00 p.m. Item#9.10 was heard after Item #7.14 9.10 RESOLUTION 92006-200 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A DEVELOPMENT AGREEMENT ON BEHALF OF THE CITY WITH THE ARAGON GROUP, INC., PERTAINING TO REDEVELOPMENT OF THE DANIA JAI ALAI FACILITY AND RELATED PROPERTY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 92006-200. Robert Wecker, 203 NE 3`d Avenue, indicated he lives within the affected area. He commented this presentation could not take place because the property was not noticed and he did not receive a notice in the mail. City Attorney Ansbro stated there is no legal requirement for notice of adoption of a Resolution to enter into a development agreement. He further noted that two community outreach meetings were held last week and was advertised in the newspapers, therefore Mr. Wecker's request could not be considered. City Attorney Ansbro advised Mayor Flury to proceed with the meeting. Don Hall, Gunster, Yoakley, & Stewart, Attorney for the project, noted the development agreement is applicable to pari-mutuel facilities. He pointed out that Chapter 550, Florida Statutes, requires capital improvements, not development of regional impact, and if it is contiguous with a pari-mutuel facility, to be processed outside the normal requirements for approval of projects. Attorney Hall finally confirmed that City Attorney Ansbro was correct by affirming that this is not a rezoning request and it does not need to be one. Blake Cumbers, Boyd Gaming, presented an overview of their company, which has been in the gaming industry for over 32 years. He noted they are the third largest gaming company within the United States with 17 properties in six states, which they operate with a high level of integrity. Mr. Cumbers advised the development project was introduced on May 31, 2006, when they entered into an agreement to acquire Dania Jai Alai. He indicated that they expect the project to open in the third quarter of 2008. Mr. Cumbers explained that the design criteria they developed, after numerous meetings with the community, was to create a first-class entertainment destination, which means the existing facility would eventually be torn down. He further indicated that in order to protect the neighborhood, they have addressed traffic issues, such as traffic on 2"d Avenue which would be realigned around the facility and no curb cuts would be installed, as well as several other traffic arrangements. Mr. Cumbers indicated they were asked to avoid high structures, therefore, the proposed project will only be 55 feet high. They were also requested to provide lighting that was non-intrusive to the neighbors, landscaping, and to increase the parking at Frost Park. The main entrance for the project will be on Fronton Boulevard as it is today, but the eastern section of the parking for Frost Park would need to be removed. They will dedicate an acre of land to allow 83 parking spaces on the parking lot across the street from Frost Park to replace the 57 spaces that would be eliminated. Mr. Cumbers concluded his presentation by saying there would be several workshops and meetings with the community to try to address everyone's concerns. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 14, 2006—7:00 p.m. Mayor Flury opened the Public Hearing. Linda Schwartz, 341 NE 3rd Avenue, commented she only knew of tonight's meeting because Patty Hart called her. She thought the Commission should have more input from the community before voting tonight. Ms. Schwartz indicated landscaping would need to be installed, and this project would ruin the quality of life in her neighborhood. Joseph Mancusi, 214 NE 2"d Place, indicated that 3`d Street was never mentioned in the presentation. He noted this is a secret way in and out and a cut-through street to get to Jai Alai, and it would become worse once they open the casino. Vice-Mayor Anton clarified they would not be able to get through 3`d Street. Mr. Mancusi further remarked they did not meet with the homeowners association in the NE area, and they should have had a one on one meeting with their association. Secondly, the tomato field would need to be rezoned in order to be a parking lot. Mr. Mancusi also noted the noise from the 4,000 cars in the parking lot would be significant. He felt the ramifications of moving the street was not discussed with the community and this project was being pushed through too quickly. Mr. Mancusi finally stated that if the residential community in the area is not taken into consideration, they will be forced to hire lawyers. Patty Hart, 517 NE 2"d Place, and Robert Crow, 525 NE 5`h Place, asked what the Commission was approving tonight. Mayor Flury advised it is a development agreement. Patty Hart would like to know what is going on because there was no notification from Boyd Gaming to meet with the NE community. They were hoping there would be a meeting with the homeowners association in the NE section before getting this far. They would like more time to meet with Boyd Gaming to see what they can work out together. She commented other projects in the City have taken a lot of time to be approved, however this one is moving too fast. Mayor Flury asked City Attorney Ansbro to explain in detail what this development agreement is all about. City Attorney Ansbro explained that Chapter 550 of Florida Statutes, in effect since 1981, regulates all gaming in the State of Florida. This extensive Statute states that if a pari-mutuel facility that existed in 1981 wanted to build a capital improvement, it would receive approval by the City unless it presents a justifiable and immediate hazard to the residents of the City. City Attorney Ansbro pointed out that this is why we are working with Boyd Gaming, otherwise they would get whatever they want. The development agreement addresses the issues that affect public health and safety, such as traffic, parking, water and sewer. Robert Crow thought this was not a final vote to allow this project to move forward. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. City Attorney Ansbro clarified that almost everything would be approved tonight except for the parking garage. He further indicated that NE 2"d Street would need to be vacated for the parking garage to be built. If the road is vacated and realigned, there would be a separate hearing before the Planning & Zoning Boar, at a later date, for the street vacation request. City Attorney Ansbro noted that if Boyd Gaming would like to make any changes to the development agreement being signed tonight, they would have to come back to the Commission at a public hearing and explain why they are changing their plan. Robert Crow felt the NE community did not have a full understanding of the project. He questioned if the City should take a closer look at it before making a vote. Mr. Crow agreed with Patty Hart that this project was moving too quickly, considering the implications of such a large project. City Attorney Ansbro commented that staff has examined everything before coming to this point. Robert Crow suggested Boyd Gaming spend quality time with the NE Homeowners' Association. Chris Anti, 610 NE 3`d Street, was concerned with the use of 2"d Street. He further referred to the "tomato patch" and asked if tonight's vote would affect the rezoning for a parking garage. He questioned what assurances the community had that the rest of the property would not be developed commercially in the future. City Attorney Ansbro advised that the request for a street vacation would come back to the Commission after it has been heard by the Planning & Zoning Board; hence, there would be no need to rezone. He emphasized once again, that the City cannot control anything on the property, only the traffic. Sacha Conner, 196 NE 6`h Court, commented there are a lot of people in NE Dania Beach who support this project. Paolo Di Francis, owner of Paolo Three's Company Restaurant, noted this is the best thing that could happen to Dania Beach; it will rejuvenate the City. Chickie Brandimarte, 101 SE 3`d Avenue, stated the Dania Beach Senior Citizens support this project. Teddy Bohanan, 312 SW 15`h Street, supported the project and thought that if we did not take this casino now, we wouldl be stuck with sludge. Joseph Mancusi commented he was in favor of what Boyd Gaming wants to do, but he does not understand how we can say there is no safety issue. He questioned whether there was a safety or crime study performed. He finally noted that wherever there was a gambling casino, there was crime. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. City Attorney Ansbro confirmed for Vice-Mayor Anton that tonight's approval would not include the vacation of NE 2"d Street. Vice-Mayor Anton explained that if we do not move NE 2"d Street, the traffic would be horrendous. He was certain that Boyd Gaming would be happy to work with the associations to address the traffic issue. Vice-Mayor Anton noted there was a considerable amount of traffic when Jai Alai first opened. He asked if Boyd Gaming met with the NE Homeowners' Associations. Blake Cumbers, Boyd Gaming, advised they did not meet with the community, only with representatives of the associations. He committed they would be a good corporate neighbor. Mr. Cumbers reassured everyone that the remainder of the tomato patch would remain residential since they do not intend to change the zoning. Commissioner Bertino commented Boyd Gaming has done everything possible to get a good project for this City, and thought this would be a positive thing for Dania Beach. Vice-Mayor Anton referred to the one acre of land that would be donated by Boyd Gaming for parking. He indicated that several residents in the NE area expressed their concerns about having to live across from a parking garage. He was confident that when they meet with Boyd Gaming and tell them what they want, Boyd Gaming would be willing to work with the community and accommodate their needs. At the request of Commissioner Castro, Blake Cumbers explained that the employee parking section would be landscaped, as well as the entire parking areas. He indicated they have not had problems with other neighbors in residential areas, and have not found a need to have monthly community meetings. Mr. Cumbers pointed out that Boyd Gaming generally does not have crime in surrounding neighborhoods, it is primarily on their own property, mainly car theft. He further indicated that they maintain a good interface with local police and fire departments and that the most common incidents are medical emergencies. Mr. Cumbers advised that all the issues raised by the Danians were addressed in the design presented. He noted they would try to resolve any issues they have now and in the future, as well as any unforeseen problems that occur after they build the facility. He reported the facility would employ approximately 800 people and that Dania Jai Alai currently has 200 employees. Mr. Cumbers confirmed they would not have a hotel. Commissioner Castro commented she researched Boyd Gaming when she first heard of them, and was pleased to find that they are financially sound and have a very good relationship with their employees. Commissioner Fetscher asked Mr. Cumbers how Dania Beach would benefit financially from this project. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Blake Cumbers explained that half of the revenue from gaming at this facility would go to schools in Florida. They anticipate there would be $225M in gaming revenue; the City would receive 1.75%; and the County would receive 1.5%; plus ad valorem and any other taxes. Mayor Flury noted that Boyd Gaming has shown everyone that they are flexible and that they are willing to work with this community. Commissioner Castro motioned to adopt Resolution 42006-200; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Item #9.1 was heard after Item #9.10 Commission Comments were heard after Item #9.9 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented we need to create an ordinance to include the types of trees that developers would be allowed to plant, which will withstand hurricanes. 10.2 Commissioner Castro Commissioner Castro confirmed the Pier is opening December 15` for fishermen, at no cost for the first 30 days. Commissioner Castro asked if anyone would be attending the League of Cities Conference in Reno on November 15, 2006. It was the consensus of the Commission not to send a delegate to the Florida League of Cities Conference. 10.3 Commissioner Fetscher Commissioner Fetscher had no additional comments. 10.4 Vice-Mayor Anton Vice-Mayor Anton warned everyone to pay attention to the airport issue. He noted the Part 150 Study was recently released. He suggested people access Broward County's website: www.broward.orl;, and the Melaleuca Homeowners Association Website, for more information. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Vice-Mayor Anton thanked everyone who came for the Boyd Gaming presentation tonight, and for their valuable comments. He wished everyone a very Happy Thanksgiving. 10.5 Mayor Flury Mayor Flury wished everyone a Happy Thanksgiving. 11. Discussion and Possible Action 11.1 Request of J.J. Kelly for a 3 year extension to the Stipulation Settlement to continue the existing uses beginning December 31, 2007 through December 31, 2010 Laurence Leeds, Director of Community Development, noted in August, 2001 the City entered into a Settlement Stipulation that allowed continued use of outdoor storage of vehicles, in an IROM-zoned property. The request is for an additional 3 year period, until December 31, 2007. Mr. Kelly commented that he has not been able to do anything with the property, other than use it as parking lot, because it floods. He explained they keep a clean operation and if the City is willing to fix the flooding problem, he would be willing to build something and run other types of businesses. Mayor Flury opened the Public Hearing. A resident of SE Dania Beach commented Mr. Kelly's property is very well kept and provides a huge service for the trucking industry in the area. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino reaffirmed Mr. Kelly's comments that the area floods and he had no other choice but to use it as a parking lot. Director Leeds confirmed for Vice-Mayor Anton that there are no developments adjacent to the subject property. Commissioner Castro stressed the fact that the City should get involved in the drainage process, because it does not only affect Mr. Kelly's property, but the whole neighborhood. Commissioner Bertino motioned to grant a continuance until 2009, with the condition that the Stipulation Settlement expires if the property,changes ownership; seconded by Vice- Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Item #11.4 was heard after Item #11.1 Item #11.2 was heard after Item #11.3 11.2 Request of Deborah and Abraham Chames to remove a Specimen Oak Tree from property located at 5978 SW 37`h Avenue, Dania Beach Laurence Leeds, Director of Community Development, advised three Specimen Oak trees are in the front yard of the property and one of them will need to be removed in order to construct a garage addition. He indicated the applicant has two options: 1) dedicate the value of the tree to the City Landscape Fund, or 2) install and plant 3 new trees with the value of the tree being removed, prior to the issuance of a Certificate of Occupancy for the addition. Abraham Chames, property owner, noted he was receptive to planting 3 new trees to replace the one taken down. Commissioner Bertino motioned to approve the request to remove a Specimen Oak Tree from property located at 5978 SW 37th Avenue, provided that 3 new trees are planted; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes The Consent Agenda was heard after Item #11.2 Item #11.3 was heard after Citizen Comments 11.3 Discussion of Military Leave Ordinance change—Fire Department Sergio Pellecer, representing the Fire Department Union, indicated military leave is lacking some coverage and asked the Commission for support since this is a Citywide issue. He requested the Commission look at the information that was previously provided by Director McDonald. Mayor Flury acknowledged students from South Broward High School that were attending tonight's public meeting as part of their government class. Mary McDonald, Director of Human Resources and Risk Management, noted the change would be for all employees, not only the Fire Department. She advised that our current plan is not generous or fair. Director McDonald added that a survey of other cities was provided to the Commission and staff is requesting extending supplemental insurance and leave time. Vice-Mayor Anton commented the issue is to make the employee whole during activation to military duty. He mentioned that when he worked for Broward County, they matched the difference between what the military paid and the employee's regular salary. In addition, all Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. benefits were maintained. Vice-Mayor Anton would like the City to model the County's plan when dealing with our reservists. Commissioner Castro noted our current policy is outdated and supported Vice-Mayor Anton's comments. She thought we should address this issue and bring back a document that is more suitable. Commissioner Bertino also supported Vice-Mayor Anton's comments. He would like to see the City Attorney write an ordinance that would cover all City employees, and present it at the next Commission meeting. Commissioner Fetscher agreed with the rest of the Commissioners and would like the City Attorney to move forward quickly with the preparation of the ordinance. Director McDonald requested clarification regarding Broward County policy. She noted that with regard to the health insurance, the County provides Cobra coverage which is for 18 months and requires a 100% premium. Vice-Mayor Anton requested that the City keep the employee whole by providing insurance coverage. Item #11.2 was heard after Item #11.3 11.4 Discussion of Dania Beach Marina—City Manager Palo Mayor Flury thought we classified the beach and the Marina as a park and we would pursue grants. She questioned if a referendum vote was required before we sell or lease a City park. City Attorney Ansbro indicated there may have been some language included in the Charter during the referendum in March, 2005. He suggested holding off on this discussion, while he researched it. Vice-Mayor Anton commented that if the City wants to move forward with the lease proposal, the interested party would need to understand that the tax issue is very important. He would not want the City to pay taxes for the Marina. It was the consensus of the Commission to hold off on this discussion until more information is available. 12. Appointments Commissioner Bertino appointed Tim McLeod to the Planning and Zoning Board. Vice-Mayor Anton appointed Gary Rowe to the Marine Advisory Board. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. Mayor Flury appointed Gracetta Wilkins to the Dania Beach Housing Authority for a 4 Year Term effective November 1, 2006 through October 31, 2010. Vice-Mayor Anton motioned to approve the Board Appointments; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 13. Administrative Reports 13.1 City Manager City Manager Palo had no further comments. 13.2 City Attorney City Attorney Ansbro had no further comments. 13.3 City Clerk—Reminders Thursday, November 16, 2006—6:00 p.m. —Abatement Hearing Tuesday, November 28, 2006 — 7:00 p.m. —Regular City Commission Meeting Wednesday, December 6, 2007—5:30 p.m. —Regular CRA Board Meeting Tuesday, December 12, 2006 —7:00 p.m. —Regular City Commission Meeting City Manager Palo confirmed for Mayor Flury that there would be a modest Employee Holiday get together, probably at Frost Park, and the details would be forthcoming. Mayor Flury noted the tenants of the "Beach Watch" Pier Restaurant were present. She asked them for the opening date. Sven Jutz and Ute Stork responded there was no date certain for the Pier Restaurant to open. 14. Adioumment Mayor Flury adjourned the meeting at 10:21 p.m. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,November 14,2006—7:00 p.m. 7 / MINUTES OF MEETING DANIA BEACH CITY COMMISSION ABATEMENT HEARING THURSDAY, NOVEMBER 16, 2006 - 6:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 6:00 p.m. 2. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Tom Ansbro City Clerk: Louise Stilson Code Attorney: Tim Ryan 3. Abatement Requests 3.1 Request by Adirondack Associates, Inc., for consideration of abatement for Case #06- 0886, for property located at 922 S. Federal Highway (#1203-00-0650) Attorney Tim Ryan advised this case involved a repeat violation for trash/litter. The fine ran for 130 days for a total of $65,000, and the Special Magistrate issued a Final Order on August 14, 2006. The Special Magistrate heard the Abatement request on November 13, 2006 and recommended an abatement to $30,000, to be paid within 30 days, or any other amount ordered by the City Commission. He noted that staff recommended $32,500. Ernest Kollra, Attorney for Adirondack Mobile Home Park, distributed information to the Commission showing the amount of money spent to correct the Code violations. He acknowledged due to their own administrative lack of communication between their offices in Dania Beach and Michigan, that the paperwork did not reach the proper location. Once the violations were brought to their attention they tried to correct the problem. He indicated they are governed by Florida Statute Chapter 723, and are not allowed to enter onto the personal property of the mobile home owners to correct violations. They tried to work with the owners by supplying the materials and manpower needed to make the necessary repairs. He acknowledged that they could have fixed the problems sooner, but they did not want to evict any tenants. He requested an abatement to what the City actually expended on this case, which he estimated at $4,000. He noted the purchaser of the property, Lisa Young, was currently in the due diligence process of the purchase and wished to address the Commission. Lisa Young acknowledged that she does have a signed contract on this property. She is currently in the due diligence period which expires November 29, 2006. She would like to see the property developed to improve the community, and would like this to be a community driven project. The closing is scheduled for January 5, 2007. She noted she intends to meet individually with each Commissioner and get their ideas and suggestions for this project. As a community representative, she noted since the violations were corrected the owners have become good neighbors andjoined their association. Commissioner Bertino remarked the Mobile Home Park is deplorable, and has never been improved. He thought it was absurd not to pay a $30,000 fine for property valued at over $1M. His recommendation was to keep the fine at$65,000. Commissioner Castro agreed the Park is deplorable, but encouraged the transaction to change ownership in order to improve the neighborhood. She asked if the abatement could be conditional upon the sale of the property. City Attorney Ansbro responded the Commission had the power to do this. Commissioner Fetscher asked the cost to the City to prosecute this case. He would be willing to abate to the hard cost to the City. Attorney Ryan responded we estimate the hard cost on commercial property at $2,000, but this is subject to variation based upon activity generated on the case. He estimated the hard cost for this case to be $4,00045,000. Nick Lupo, Code Compliance Manager, estimated the cost to be at least 10% of the original cost, which would be $6,500. Vice-Mayor Anton noted he could support staffs recommendation for $32,500. Vice-Mayor Anton motioned to accept Staff's recommendation to abate the tine to $32,500, to be paid within 60 days; seconded by Commissioner Bertino. Mayor Flury asked that the fine revert to the original amount if the sale does not go through. Vice-Mayor Anton amended his motion to include that the fine reverts back to $65,000 if the sale is not finalized in 60 days. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher Yes Minutes of Abatement Hearing 2 Dania Beach City Commission Thursday,November 16,2006—6:00 p.m. 3.2 Settlement Proposal for Dania Beach v. Nguyen, et al., for Case #CEB 01-0115, for property located at 800 Phippen Road (#1203-34-03 10) Attorney Tim Ryan advised the property was in foreclosure and this case was heard by the City Commission on January 19, 2006, and a motion was made to abate the fine to $27,000, with payment to be made within 60 days. The Defendant attempted to obtain a loan from a private lender, but was unable to obtain the loan in a timely fashion due to title defects which the Defendant eventually cleared from the property. The Defendant has agreed to pay $34,000, within 30 days, to release the City lien on the property. Commissioner Castro motioned to accept the Settlement Agreement for $34,000, to be paid within 30 days; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 4. Adjournment Mayor Flury adjourned the meeting at 6:26 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA FLURY MAYOR—COMMISSIONER LOUISE STILSON, CMC CITY CLERK Minutes of Abatement Hearing 3 Dania Beach City Commission Thursday,November 16,2006—6:00 p.m. CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ..1};tc' a YS "TP�:r7r1u '3 3 „Fn v5mt E 2 ."am.w , �n e i�'ftequeste 1pAchon, f {Idenfity appropnate'Action or Motionjs ,h ., ��, c, �'� r r. ' �'.��� y..ca SJ s`„.,� ,N,W'.�_._wm:.r„c2..i�a..,,.s Motion to adopt Resolution #2006-201. sWh Act�onis Necessa s�Q gw E s v �i� yxr Fs �72111111 a r ry( y x R 4t a 4ea, Y ryN 1 # K 3h i g , i� Y r ,k nG6Pbm .._...;,mu;;- ' :,,:suS........4,.'` i%:"aa`YI'.#7.? amiuuEA=a`' viu a,�:`,,.�fine: , �i.m.:�:.. �!;�.!_r'., Ks�t'whs::�,a...a....�„#�_ka�i�nka..�4rf,wi�.tiw'#.«��. Required by City Charter, Part VI, Article 2, Section 5. What tA`ctonrAccom lashes 4¢F� r �inEPy� �iUM WINE y K b} aEyP n F,Y 1" ,�.:;C,A :a.'.n+�,' S�;Hv,.". ku,.`��.?a, ie `a�.c,,.fiiiara."'Pt �. ""�a:.':5�.�RRIFu���k� a��-,�;�3"„ M'a.. Calls for a Primary Election to be held on Tuesday, February 13, 2007, and a General Election to be held on Tuesday, March 13, 2007. 'Pr y"".ia �� :i F °P ,M`?.. `t`�G '" x°E� Eyran �,]p^9rm"[� r t, �P�,�.r lw��irya "Mi`t"5�5�'R r " , ra. Sa s�, .� `,;S.S" urchasing,Request§ONLYia1; xs ...Y �, ,A�,�u:.r :r ,.���, x��4�w,��, �. ,;.,"E' �' rW°^ ;. Dept: 1400 City Attorney Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ . roF �. suE�l. prr"� a ri6e e�"'a�sa c al t' '"�tr � Ems""5. "` Summary E' at on/Ba 9� snd, ,. � ���m rsh n1 NINE sn E � : u =uu br N111 �+RE--10 r O'"ltFM't= RC i!5d� ' € , a ,'^t.,�wM G MM-O UT, jr q r v wee;}rr,c e 5 r , n w unvrn n t!Fiscal.impact/Cost�Summary �i3 Kai a v &a r � rzi% 3 sF€ Ip pus �d vo { 3 'r€ l tiT �'aK L �r:c�,Mr —'s>w�:a,a.a�.;«�-a�:c,�,�u�.yIwrwu..M:k:,�gFrl�,s, su. "3'' ,':__�'nI; 60;��.m... =r:�'..�,.,�gkw.z, b ,C. „die'��:..,,'+'ig4r ,s�F ,':+. ru`�, ,:�,. , 'w;x-'z w ❑a ° P ' :xhkF Old Resolution —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 '+m air # 3 ;gyp rL,n , K'�6r,wr" ryana^rgynry i3i K�,9K Cre. �. Igo Rai Irk€a arse;+¢vF3 NPIM�MMMM"!P �s Eat' ,T %luthonzed St natures $v" sy' 15 ba ti vira 'Mug e d a . � �, .n x rw:.r rang , m �� a€3�$ m0=02"a.EEG ^`iPuruxbd3®an.,FiN M.", VaM�r,��' mR4r 1114 vd k "}...:.:G.:ae� ..1.,'!,�a.GdF �i :t Submitted by Louise Stilson Date 11/17/06 Department Director Date HR Director Date Finance Director Date City Attorney Thomas J. Ansbro Date 11/17/06 City Manager Ivan Pato Date 11/17/06 ggrm,— �w fi yr-� ec�t' ,e5'i"r' Nivm`�a" : °" R7g' �1 'F..yn u var{K�y� �4Aa"f- 'v � 1 E:: Cit +Clerk'tlse /' �ucn _rr 'r _ tea � ,.,.,�� h '�u'un.ar.- ,6� Eih. cav�.� .ii.es7E0� n � '' hvJs�,+E 'siSE;S�x w.. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-201 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 13, 2007 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 13, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by referendum election, the City of Dania Beach has authorized a primary election to determine a slate of candidates for election to municipal office; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That candidates for Office of the City Commission of the City of Dania Beach for the vacancies occurring in office pursuant to the Charter of the City of Dania Beach, shall file such papers and pay such fees as may be required with the City Clerk of the City of Dania Beach no earlier than noon on the 2"d day of January nor later than noon on the 9th day of January, 2007. Section 2. That a primary election relating to such municipal offices shall be held in the City of Dania Beach, Broward County, Florida, on Tuesday, February 13, 2007, and a general election relating to such municipal offices shall be held in the City of Dania Beach, Broward County, Florida, on Tuesday, March 13, 2007. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2006-201 703 RESOLUTION NO. 2006-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PROVIDING FOR EXPIRATION DATES FOR MEMBERS OF BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the term of each member of any board or committee appointed by the City Commission shall automatically terminate and expire at 12:00 A.M. midnight on the day following each biennial general municipal election; provided, however, that all appointees shall continue to serve for a period not exceeding one hundred twenty (120) days after such election, unless new appointments are made by City Commissioners after such election and within such one hundred twenty day period. The foregoing provision shall not apply to members whose terms are set by Florida Statutes or City ordinances, or to persons who are members of an ad hoc committee. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. i Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2006. PATRI ZIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASJ. ANSBRO CITY ATTORNEY 2 RESOLUTION #2006-203 CITY OF DANIA BEACH Agenda Item # / Agenda Request Item Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Re �uesteil ActlOri 3;.?pde fry aPj opr ate Action or MoflOn) r rs ar x w 4, rY-. its r a�`2ir, r43r m+s `"F+}9w"wt+:cSr.Ga'd.6xs kSmSSa_xh€'fax=�,a..=,wfirv: �4C......,.^'i5�t'+�r F_ .,.,.�:_d a>a�a ai�a x. d...: .�.... e,4,�r`<la HW h. dv'`.u"�, 3._�`..>a Execute license agreement between the City of Dania Beach and the Griffin Civic Association Inc 9i{iaPFr'`3 a ..m,s{'�PT.k3 ^x G i� gi�a em+ �6TM 3f .v fnk egi�r-an �^. T �`L, �� $�; �it .>3 '� i>` F' 'g'` .: Kd Why,Act on W",- essary ON r u ;iy EY r rS „ 4y,. pit ii wqp.K{ 4 c '` wf2 @as x a 9r "'FIR r .a;; w.aSwa.- ✓rwm,.,r,3: .wr.u.P, �N`eb.O11,p�. Provides use of office at P.J. Mali Aquatic Complex nn a °i",°.` d"gyp nr� 'M e ar"'"q .f c?>a-r�-s,n c ""'u�,i �s*07 rx 4 ,der-*.,' `te r s r'v v 7r ' ' i ae 9 a zEk i What Actlon�Accom 1lshes r rE r :'t a ` P gar G , �a�x= ra n � r a" as gJg l &M3E SU SS.:aA sa._ssa.aa S.5Ra,.. xiv+„ „b r +�+u b:__ut� 4 'ia.`fi,,,ncwn.,_.,.:€EAR w aw�'ard�u a.�5' ,c�'2e* xL's��^x a,e.�d3sssrruGxuS s3.x�. x=us Provides Griffin Civic Association Inc. with office headquarters and monthly meeting space in the main hall on the first Tuesday of every month. , t'!"�im g `"-s %x r '' acre:�An�. or�,uari�'�xm`w au"¢9n�?�p,�i'++'i�F ° ��' 'rra� g pd� '��z�'�J PurchasingrRequests ONLYrE ,e tirmi ai9 .i: '£€.P:: k �Ssw #.. E ..3 yt a aa` 4gy a., c x mm.. asp � M a"MU :,a.'am rm 0 Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ i ry "fie ""jR°fpfittga�wnR9�F' (" P' C"nB"y q t "t� "' �z`?' c=cw: ro-r. f a rEFaF;ems' '"h `z6j "w'�,..,, �+�'rv,W'i.�s a-t Summa 'Ex lanatwn/Back round ��„rgp q r �� ti, wa.=. " +' Yp9:5&w5�§Gkiaa�'m9 i;.a €,aia.Iww'JIk!®®hiF.>rHata!,u..S��.::kdea:��ra..�x�.i:5.�4w.nc�':m r rce+oni '75_'.`¢£�4 eY,�sr °w��� �w ikf ; §t`ti�4 iGnd r ra ngy tag'"'.ik ° °,aSak v rr r"wr q w �« #>�,.iscal ImpactlCost.Summary,�- .. � 1r� r' �° r�1 r � i r rr : fk�a i�, ' � r a. >! $.IDGe„n: ,..,,aiEac,.� 2 l.n :s3Rw9' e ° r°' u.:c,.:,9B�.w'6�!? �s : .. : _ „c ,,.._k.. .��sk�..^u5 3�M0M'WEr: �' � dµrs Exhtbtts Attached ,,�� 1 t w E t _ � „ 6 ��,a&, Exhibit 1 Resolution Exhibit 2 License Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 R. �KSri �"r..��d ire" ❑w " .�i aj. !b.,. "w`k it °� 3 hL,is l �..�. as '�""� `NOMMAIR I`'�'' Authorized Stgnatures a . .�._. , Submitted by Mark T. Felicetty Date 11/20/06 Department Director Date HR Director Date Finance Director Date City Attorney Thomas J. Ansbro Date 11/20/06 City Manager Ivan Pato Date 11/20/06 Ea�zgo" "",ni��ri "Sftir Rc `"°ros� u y �vvg yrt" ° "'wa ww.;."�; s"w4 i - 4 5, + 2 Ogg e a+ g ry @ i a3 F aew ,ITC Clerk=tJse _.as tln am �dl Sb a v p tlt n2a . :w., � ,.ab; 'Sk' ,>. ., , .. .._i2, ..�„ �,�..�., ,.e ..�s.�. �',,.r Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-204 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT ON BEHALF OF THE CITY WITH THE GRIFFIN CIVIC ASSOCIATION, INC. PERTAINING TO ASSOCIATION USE OF AN OFFICE LOCATED WITHIN THE P.J. MELI AQUATIC COMPLEX, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City Officials are authorized to execute a license agreement on behalf of the City with Griffin Civic Association, Inc. pertaining to Association use of an office located within the P.J. Meli Aquatic Comlex. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper and in the best interest of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 12006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THO OAS J. ANSBRO CITY ATTORNEY LICENSE AGREEMENT THIS IS A LICENSE AGREEMENT entered into on 2006, between THE CITY OF DANIA BEACH,FLORIDA,a municipal corporation(the"City")and the GRIFFIN CIVIC ASSOCIATION,INC.,a non-profit Florida corporation("Association"),pertaining to use of an Office (the "Office") located at the P.J. Meli Aquatic Center (the "Center"), which Center is located at 2901 SW 52 Street, Dania Beach,FL 33312. In consideration of the sum of Ten Dollars($10.00) and other good and valuable consideration,the receipt and adequacy of which are acknowledged and agreed upon,the parties agree as follows: 1. City authorizes Association to use the Office located at the Center as its Association headquarters and to use the meeting room(the"Premises"). For the duration of this Agreement,the Association may continue to hold its monthly members'meeting on the first Tuesday of every month in the Main Hall Room of the Center free of charge. 2. Subject to the provisions of paragraph 5 below, this authorization shall continue as long as Association remains in existence, and meets the requirements of all applicable Florida laws. 3. Association agrees that it is solely responsible to protect and insure any of its personal property which is located in the Office and the Center,and Association agrees that the City will not be held liable for any loss of any kind whatsoever which may occur as a result of such use of the Office and meeting room, unless loss is due to the sole negligence of City, including any of its officers or employees. In addition, Association agrees to continuously maintain in full force and effect general liability insurance with a three hundred thousand($300,000.00)dollar per occurrence limit,to include bodily injury,death and property damage coverage,which policy shall name the City as an additional insured. 4. City agrees to maintain the Office and meeting room and to provide electric and other utility services,as well as pest control service at City expense;provided,however,that Association agrees to maintain the Office and meeting room in a neat and clean condition at all times and to dispose of its garbage and trash at the end of each day of Office use. 5. This Agreement shall expire twenty five (25) years after the date first appearing above, provided, however, the Association has the option to renew for an additional twenty-five (25)year term upon six months' advance written notice to City prior to the expiration of the original term. 6. It is agreed and understood between the City and the Association that the City is responsible for the repair of any structural defects or damage not caused by Association or arising out of its use (e.g., floor and walls), broken water or sewage pipes, roof repairs, the outside electrical service provided to its Center and all interior maintenance and repairs at the City's sole cost, expense and responsibility throughout the term of this Agreement and any extension to it. 7. The City,including any of its agents and employees,shall have the right to enter the Premises during all reasonable hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the safety, comfort, or preservation of them. 8. In consideration of the Premises being used by the Association free of rent and for Ten Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of which are acknowledged and agreed upon, the Association at all times will indemnify and hold harmless the City from all losses, damages, liabilities and expenses of any kind which may arise or be claimed against the City by any person,firm,or corporation for any injuries or damages to such person,firm, or corporation, consequent upon or arising from the use or occupation of the Premises by the Association . The parties acknowledge and agree that but for this indemnification, City would not have entered into this License Agreement. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY WITNESSES: ASSOCIATION: GRIFFIN CIVIC ASSOCIATION, INC. a Florida corporation Signature Signature Print Name Print Name and Title Signature Print Name - CITY OF DANIA BEACH — Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Cd!i {4`rt.(u`ga`i, +„xY �ya G4 '' .F't " "S^N�pP IGr� I F��'C !i C!° 4 h '�tt �t�r'�f t F+� YH `i. w. 1 f Re UBStedizACtiOn a L Idenfi a ro nate Acflon or Motwri'- " €n"� `'�� �r ry ` ° �r t dRrX G!G ° a .:aRt{ tuuuk;,-a1.e,.�a ,>�s,,.k,u;rytrapp,!p„§m�J3C eci'.,Xa.;.�ryaww.,io a�lN!+�!IEr�g,M'G,�,.�..w,i.akc.3,7hie4�l, .nl�,f�ss�tw�n�'4.�»i�m ��k ��',� iwuuw'�.re{.{.:.�^.isi� 3 Approve Resolution PIMM ii6'li.0 IyA...• t":I3Os{531.1NI45& ,. uan.rw�va4'a� e6: w„ i "."43F." � s v Y?kGrkskGCS S111m `i s 'm ffi y Fvk �� .IN [ S � .s�� MINN:4I 2„c'; ' . k.,td Annual cost of contract($18,000) exceeds the City Manager's approval authority for encumbering funds. rn7P U6,l` P`-Pj I'?'-3 -N1F ')P-a'k .,y ,v �'� *G,}S ymeq F'rr,p�n`�e�t'SG�,,;� Itj'"" F�k�i��`2 `T �Gd^,. :W." ' g0,—.1�+�Z`��. �` "�� What Action Accompllshessa 6w ar1 i- Upt rr 1, r, i 3 Renews consulting arrangement with the Rhodes Insurance Group e's69q" m. "'r"v grlrs v .{�Yh''''"` a'"hf'ir^r„tFyy 4a.r� aG i vfisuw�� 9 n€TI ss n1�1 r 'i,"G`',u(. 11 kil Et" ,Gr PUfC,haSing RequestsiONLY {" "� GF{' v s� '� { {kONN , F v a. en 4 n = wa .nrFwza wl;*w„®e,� 6a:.�r.4�.{��o•�e •E:a *, '1`,. ...`-fie ... ,.a. .;J,..r.,,,�.,,a'°w�; ..m,...r'. 4'aOk,ar naw'•rw.�..aaa w�tFal MR Dept: 1800 General Administration Acct#: 001-1800-519.31-10 Amt: $18,000.00 Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ m ., 5r{ r�'c' ('"'6 .k 1�'au "�, a '— o-+ $ :"gyp' v"(""I Gfiv {G 4t,n k '"`�"'5 °5. { { r7� n ,!' 'C"� 'k it Summary®EX IanatlOn/62Ck 1OUn �ukG c d,�... duA '!...A -`G":L a This was discussed at length during the budget process and approved in the 2006-2007 budget. Escalating health care costs present financial challenges to the City. Effective management of these costs include investing in professional consultative services for long term health care strategies. This includes analysis of the City's current health care programs, designing long range plans for health care, plotting our costs against trends, evaluating fully funded options against self insured options, negotiating discounts in high cost areas, providing education, assessing the impact on the City's health plan should our group size be reduced and identifying cost effective providers of all services. The consulting relationship with the Rhodes Insurance group has resulted in extraordinary health care savings, and this group is familiar with our account, history, impact of CBA'S, etc. i^^q5'e fly. . -g -Tnrh29'"?4i' rtw wms^,°". +.. 'rt '"n�H}""Na O E�ii"'}"e�Fv�zifi a134vis � C"'-'t-iv° :"H rp.: '5s t F z:rta 3 L,�},' itrs�^'ryrcy;;t Ftscal Impact/Cost=Summary£ jE mire NNrt:: ytu�5y 8 w31Yd tc a& ti s tws3 m1¢ pq ' t44.., 4_mz�^�,. G'w5k'aEk ..,,.m..;.r:::..hi. 4r ..,:^,.,..3ti'E ....�rc..'te : ! '.:s " $18,000 �" E' n s .44E � � '�3 S ,a� s3 K< t '+5'(,E„Prj^riv F!5jRsr1 °,�s' "br °E'k y ;,¢�`"' @,r '.. "',�3'"mLY4;.4.vS"y"5 t "a .; 4 Exhtbrts Attached w :( 15M i d xt E y w tI N"Eb76 v;5 u,St v.t a' C �,rd Sw r FH ux' nh - 'S t _k}_i`M 1+u�ii?t .xv..c�ir!� nJ w u.m:�i^_k4�+E6u6�x3cuyma� Ei., r Sau ..,.t�acusnv.uau�'','bs w «I3.a`:wma:: .!aU„akc£,ta;..s.t. ° Exhibit: Continuation letter Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit fi Exhibit 7 Exhibit 8 ; ,.. E1 N E'<'R gars t�#;tiV tit W1 y�9 ¢t l taa�'r�-rr' ar",.F'r-' `mE rs,tn Autfhonzed4Stgnatu s a r �:4 u_ z� ��1 a w E EUMU MI ON m h o It :O A Submitted by Mary McDonald Date 11/16106 Department Director Mary McDonald Date 11/16106 HR Director Mary McDonald Date 11/16106 Finance Director Patricia Varney Date 11/20106 City Attorney Thomas J. Ansbro Date 11/20106 City Manager Ivan Patos Date 11/20106 P t+ E'" �x air ., 'k� y'v t`�'r`Ry� c3 G e �, h7 Ri z',v'a r G 5E"r^,„� r< n vgr aaN e c ,j ^� e M m�at5 City Clerk�Use ¢' ii° y n yL y r t knH� v FtM � P k7 4Fu r gtFrr + {NG 4 .,":u^wc+i ., v^ ..•.•._• isi'u:,LY, daiak3`m`,:: uau7t3" aaM:as,..,au:.ar!ai+w.et-3�,.e&ml'a:.btt Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CITY HEALTH PLAN CONSULTANT SERVICES FROM THE RHODES INSURANCE GROUP, INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission, if unusual conditions are present; and WHEREAS, the City Manager has determined that it is necessary to continue to purchase health consultant services in an amount not to exceed $18,000.00 from The Rhodes Insurance Group, Inc.; and WHEREAS, the City Manager has determined that such purchases can be made at the least cost to the City by purchasing such services from the Rhodes Insurance Group, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay The Rhodes Insurance Group, Inc. an amount not to exceed $18,000.00 ($1,500.00 per month, for one year) for City health plan consultant services, to include items specified in the November 13, 2006 letter sent to Ms. Mary McDonald, Director of the City Human Resources and Risk Management Department, a copy of which letter is attached and incorporated by this reference. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect retroactive to October 1, 2006. PASSED and ADOPTED on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 92006-205 THE RHODES INSURANCE GROUP 1263 East Las olas Boulevard November 13, 2006 suite 205 Fort Lauderdale, Florida 33301 Ms. Mary McDonald Telephone 954-524-5075 Director, Human Resources & Risk Management Fax 954-525-1248 City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: Employee Benefit Consulting Proposal—Continuation of Services Dear Mary, Per our discussion last week, I have outlined below the list of services which we propose to continue as it relates to the City of Dania Beach's group benefit plans for employees. • Collect and monitor monthly benefit plan experience. We will also identify and analyze emerging experience trends to prepare for budget forecasts. • Gather and prepare market comparisons of contributions and benefits for future planning as needed. • Attend all meetings as requested regarding the group benefit plans including meetings with collective bargaining groups. • Assist with the resolution of any benefit plan or provider network issues as they arise. • Provide ongoing technical advise as necessary. This would include information about legislative changes and their potential impact on plan costs and interpreting and clarifying regulations. In addition, we will provide technical feedback on any future plan changes that may be considered. • Assist with the preparation of all communications concerning employee benefit plans. • Provide assistance to Human Resources in resolving difficult claim and service problems as they occur. ■ Negotiate the self-funded plan renewals and assist with timely implementation. ■ Assist in the gathering of information for the City's actuarial reports as well as consultations with the City's designated actuary. Specializing In Employee Benefits Mary McDonald Employee Benefit Consulting Proposal Page 2 We are proposing a continuation of the flat monthly fee of$1,500 to provide the ongoing services to the City over a twelve month period beginning October 1, 2006 and ending September 30, 2007. The field of employee benefits continues to present challenges to employers which requires the use of experienced benefit resources. We have enjoyed working with the City and hope that we will be able to continue these services in the coming year. Sincerely, Lloyd F. Rhodes /• 9 RESOLUTION NO. 2006-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT I" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMNT NUMBER SW 79102P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officals are authorized to execute "Amendment I" to the loan agreement existing between the City and the Department of Environmental Protection of the State of Florida(agreement number SW 79102P), pertaining to Project SWG12079102P (pursuant to Resolution No. 2004-81, adopted May 12, 2004, the loan application of the City was approved in the amount of$92,483.00 pertaining to stormwater projects). Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 12006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY �,�syPROt`C110.y Department of F FIOR Environmental Protection Twin Towers Office Building leb Bush 2600 Blair Stone Road Colleen M.Castille Governor Tallahassee, Florida 32399-2400 Secretary November 16, 2006 Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 Re: SW79102P - Dania Beach Southeast Drainage Improvements Dear Mr. Pate: Enclosed are three original copies of proposed Amendment 1 to your State Revolving Fund loan agreement. The amendment provides the City additional time to complete preconstruction activities. Please sign and seal the enclosed three copies and return them to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Director to sign the document and mail a fully executed copy to you. If you have any questions regarding this amendment, please call Erin Stacklyn at (850) 245-8358. Sincerely, Don . Be yhil , P.E.rhie Bureau of Water acili DWB/es Enclosures cc: Frederick Bloetscher-Public Utility Management &Planning Services, Inc Patricia Varney- City of Dania Beach Fernando Vazquez - City of Dania Beach "More Protection, Less Process" Printed on recycled Paper. STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT S W79102P CITY OF DANIA BEACH This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department) and the CITY OF DANIA BEACH, FLORIDA, existing as a local government agency(Local Government)under the laws of the State of Florida. WITNESSETH: WHEREAS,the Department and the Local Government entered into a State Revolving Fund Loan Agreement,Number SW79102P; and WHEREAS,Loan repayment activities need rescheduling to give the Local Government additional time to complete preconstruction activities. NOW, THEREFORE, the parties hereto agree as follows: I. Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on February 15, 2008, and semiannually thereafter on August 15 and February 15 of each year until all amounts due under the Agreement have been fully paid. 2. The items scheduled under Subsections 10.07 (5), (6), (7) and(8) of the Agreement are rescheduled as follows: (5) Completion of all Preconstruction Activities for all Project facilities proposed for loan funding no later than February 15, 2007. (6) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than August 15, 2007. (7) The date for the certification required under Subsection 2.01(10)of the Agreement is hereby revised.The initial annual certification shall be submitted no later than November 15, 2007. Thereafter,the annual certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Repayment is made. (8) Unless this Agreement is amended to provide construction financing, the first Semiannual Loan Payment in the amount of$3,162 shall be due February 15, 2008. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1 This Amendment 1 to Loan Agreement SW79102P shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Director and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Director. for CITY OF DANIA BEACH City Manager Attest Approved as to Form and Corectness City Clerk City Attorney SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director Date Division of Water Resource Management 2 7. 7 RESOLUTION NO. 2006-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER WW79103P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officals are authorized to execute "Amendment 1" to the loan agreement existing between the City and the Department of Environmental Protection of the State of Florida (agreement number WW 79103P), pertaining to Project No. WWG12079103P for financing of pre-construction activities involved with lift stations and infiltration projects approved in the FY-05 Capital Improvement Plan which are eligible for available funding. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY ����yPPU1°Ch04 Department of Environmental Protection FLOR A.` -- Twin Towers Office Building Jeb Bush 2600 Blair Stone Road Colleen M.Castille Governor Tallahassee, Florida 32399-2400 Secretary November 16, 2006 Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: W W79103P - Dania Beach Major Sewer Rehab/Replacement (Lift Station Rehab/Upgrade) Dear Mr. Pato: Enclosed are three original copies of proposed Amendment 1 to your State Revolving Fund loan agreement. The amendment provides the City additional time to complete preconstruction activities. Please sign and seal the enclosed three copies and return them to us within three weeks at 2600 Blair Stone Road, Mail Station 3505, Tallahassee, Florida, 32399-2400. We will arrange for the Director to sign the document and mail a fully executed copy to you. If you have any questions regarding this amendment, please call Erin Stacklyn at (850) 245-8358. ,l Sincerely, q0n . Berryhill, JP L, Chief Bureau of ater Facilities Funding DWB/es Enclosures cc: Frederick Bloetscher- Public Utility Management & Planning Services, Inc Patricia Varney- City of Dania Beach Fernando Vazquez - City of Dania Beach "More Protection, Less Process" Printed on recycled paper. STATE REVOLVING FUND AMENDMENT 1 TO LOAN AGREEMENT WW79103P CITY OF DANIA BEACH This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Department) and the CITY OF DANIA BEACH, FLORIDA, existing as a local govemment agency (Local Government)under the laws of the State of Florida. WITNESSETH: WHEREAS, the Department and the Local Government entered into a State Revolving Fund Loan Agreement, Number WW79103P; and WHEREAS, Loan repayment activities need rescheduling to give the Local Government additional time to complete preconstruction activities. NOW, THEREFORE, the parties hereto agree as follows: 1. Unless repayment is further deferred by amendment of the Agreement, Semiannual Loan Payments as set forth in Section 10.05 shall be received by the Department beginning on February 15, 2008, and semiannually thereafter on August 15 and February 15 of each year until all amounts due under the Agreement have been fully paid. 2. The items scheduled under Subsections 10.07 (5), (6), (7)and(8)of the Agreement are rescheduled as follows: (5) Completion of all Preconstruction Activities for all Project facilities proposed for loan funding no later than February 15, 2007. (6) Establish the Loan Debt Service Account and begin Monthly Loan Deposits no later than August 15, 2007. (7) The date for the certification required under Subsection 2.01(10) of the Agreement is hereby revised. The initial annual certification shall be submitted no later than November 15, 2007. Thereafter,the annual certification shall be submitted no later than September 30 of each year until the final Semiannual Loan Repayment is made. (8) Unless this Agreement is amended to provide construction financing, the first Semiannual Loan Payment in the amount of$4,026 shall be due February 15, 2008. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 1 This Amendment 1 to Loan Agreement WW79103P shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. _ IN WITNESS WHEREOF, the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Director and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Director. for CITY OF DANIA BEACH City Manager Attest Approved as to Form and Corectness City Clerk City Attorney SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Director Date Division of Water Resource Management 2 CITY OF DANIA BEACH Agenda Item # e Agenda Request Item Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: eRa r, ROM F s i u Cfi'7 a fiSfi' d sv�F ,jei3 Idenfit a ro note Act±on or Motion € �Req UeSteC1 ACf�ou:G@C r Y PP,.Pw" �sFOMN .zr Ss dd `d'r�3r F F �`a.,xBh_.' � .,.�L ki, Purchase of code compliance vehicle and transfer of funds. rr°"y h 0x rn a� [, t", s 4 �t i fis« r• t„urc Sg $ r a� 'w i1 ' m 2": c ':'g aas,rdvr�ij { a v'���7 ssiP'�"4 {NhyaACtlOflal$ Necessary€`` f4 r" !'' s p a 4 €'°v Gui ` 5 L a 6 S �, M k.-- x ` a u° J C t F r IT .:-...... ..... �±t:.�edP,�+.-,..,.d"vY!{'°Pi. ..4.L.-e,Saa hd...d'i�m,�--.,.uX�-vV3�N1 HP Purchase price over$15,000. �(,7 .yfp"'1 ,`�.i ..I,n�'fi a,F .Nu Dept: 1203 Code Compliance Division Acct#: 301-1203-529.64-30 Amt: $15,502.00 Fund: General: Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: 0 ' .r€ , ng- PE r mar a � � t .arronmrs . at a ."O M � � � A mid-size vehicle in the amount of$20,000 was budgeted during the budget process for the Fire Inspector. The City Manager has decided that a Ford Ranger with extended cab is more appropriate for this use. The Community Development has a 1998 Ford Ranger with 33,995 miles. It is therefore proposed that this vehicle be transferred to Fire Inspection from the Code Compliance Division. In return, we will transfer funds budgeted in the Fire division to Code Compliance division for the purchase of a new Ford Focus including a 72 month/100,000 mile extended warranty for a total amount of$15,502. This vehicle is equipped with 4 cylinder 1-4 Duratec fuel efficient engine rated at 27MPG City and 37 MPG Highway. This will assist in reduction of fuel consumption. "i5c!w.,gM1 wg, ..q,we+n ¢ours e•raa J rr'. n a9 ...'°kc nH ha '° ';'�5uq k #G�r�F'�Imo'"' '!ti%nr-v4# =l pg% vi � ru re gFiscaltlmpact/Cost Summa F s F e�� rtR "Mi" 4 1 a is t` W . ..M ', aka,"3.z;iS�v.r]dIG�.f�.}he�',�' stl $15,502 Exhlb 1S AttaChea�a � v'�' �vYR� �I � & avn qr n s g;mt E gakgas a " S` q r'r`R„=a sn�„" rtE q€ E k s" ', 'I v �1. qL F;, {.`":w, ,u.R `t.1�...'�.,�„�..° . a..a .".C., ,..,.,,Sm=.v:..`ae_e�,t to ..s� 5 ,k,�..,�,'s,,.rstn,t2i;ave8 Resolution —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �:"s" ?,zsrtw'"Fsl°,a tq k u 'tw, tq 3giit" ' b Fa a�k`��m,ai �'�f ��"N g,h§ �� .. t ` � RPM 0.-2"r-^^°(.' y!a r a uthorized S griatureSd. 2 a S a k t u; n. a .k :L1 LIi �l+ tit F Ls:m is , qE BILU � =6 �k �„rikt t 4 Submitted by Date Department Director Laurence Leeds Date 11/20/06 HR Director Date Finance Director Patricia Varney Date 11/20/06 City Attorney Thomas J. Ansbro Date 11/21/06 City Manager Ivan Pato Date 11/22g/06 g t. ti^wt'+¢> - v.�`€m 4r.Nk ''iq ',.q�i,q#�y f qq'�c'?� ¢�, 'ta fir a� 'rI' ,n i`�!'�i q`e ¢�'rah= 3-101 iv°Li 'r i�MM ..yaq*,�Ni ,�, '`,q,�1 SRC.=tY Clerk;Use=, �,a a�'ct„ rlg v Y'n �,{S i vk u 9:::ua..,a....k+�.s�=t.Gt�:,araLha�E;« 'CtvB _.ataw"�6j=. w.ava,.,. �.Su���=`'a. ocw.. ��R. R+�C�a "&",n"",3 k.6..�io-C..: Lk� R' a a G Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISON IN THE AMOUNT OF $15,502.00 FROM DUVAL FORD, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURHTER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of$15,000.00 without.competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to purchase one new vehicle for the additional code compliance officer that was approved in the FY 2007 budget; and WHEREAS, the City Manager has determined that such purchase can be made at the least cost to the City from Duval Ford under the Florida Sheriff's Office contract in the amount of $15,502.00, which is attached as Exhibit"A" and made a part of this Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of$15,502.00 to Duval Ford for the purchase of a 2007 Ford Focus. Section 2. That the Director of Finance is authorized to transfer funds for the purchase of a Fire Inspector vehicle to the Code Compliance Division. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 42006-212 From: Hansen, Don Sent: Friday, November 17, 2006 10:56 AM To: Lupo, Nicholas Cc: Orlando, Dominic Subject: New vehicle purchase Here are the specs for the purchase of a 2007 Ford Focus; Base Vehicle P34 $11,079.00 Hatchback Upgrade P37 $865.00 Upgrade package SE-410A $704.00 Side Air Bags 59M $350.00 Cruise/tilt steering wheel 50T $225.00 Led light Bar $1,324.00 Extended warranty E 60/100K $955.00 Total $15,502.00 FROM :DUQALFORD GOVT SALES FRX N0, :9043876816 Nov. 13 2 a1:01PM pi/I 1 1. V/4 A,ttll Contract ntract No. 06-14-0821 We appreciate your interest iti the 2007 Florida Sberiffs Assoclation/Florida Association f Counties Pureb acing Contract, Listed below are the items we discussed,r..e. 1 N Fax Nu. (904) 387-6816 ^_ Sincerely, (� I A . +A , 90/90 30Vd HOV39 VINl7C 30 A1I3 60TTHGV56 ZV:TT 909E/K/TT FROM :DUVRLFOR7 GOVT SRLBS FAX NO, :9043876816 Nov. 02 2006 10:21RM P1/1 i AtGn: p�t�` � Contract No. 06-14-0821 We appreciate your loterest in the 2007 Florida Sheriffs Aasoeintion/Florida Associution of Counties Puretasi (iontraet. Listed bolo" arc the items we discussed. _ Q-C. (-Q l aC track( nn�eL T eT4( t14 I & F0 , d O Fax No. (904) 387-6816 Sincerely, 90190 39b'd HDV32 VINVG d0 AiIO 60LLE66b56 Z4:II 900Z/0Z/II VEHICLE: Focus(P34) Focus(P34) Focus(P34) Focus(P34) DEALER: Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercury ZONE: Western *Northern Central Southern BASE PRICE: $10,925.00 $10,928.00 $10,993.00 $11,079.00 Northern &Central Order Code Delete Options Western &Southern 9421' `Day[ime.running,fig his ' $20.001 NCZ' D9422 5521 ABS brakes $200.001 $248.002j D552 2 12R1 1 Eront,and rear.floorymatsy 7, .;� NCI S13.002` D12R2 Northern &Central Order Code Add Options Western &Southern NA Engine Upgrade NA NAZ'i P34-410A 1 = Vehicle upgiradepaekage s_.}, $750.00' $704.002. SE-4.10A 2 1 i 50T-50S 1 ;Cruise control/tilt steering wheel $225.00' NA2! 50T 2 "REG VEHICLE UPGRADE PACKAGE 1 REQUIRES SE UPGRADE 2 SE-410A 21 'Power windows and door locks - Sod NA 2' NA 2 i Power seat,driver j NA NA- NA 2 'Spliffolding rear--seat -- - - Std ' NA2[ 50'F-50S 1 Side air bags $790.00' $350.002 59M 2 D583 2 AM/FM^radio with+single;CD Std $475.007� DTK 1 Third key $145.001 585.002 DTK 2 -,t .. .. P34=410A:' , , Remote ke3less:'e'ntry Incl. NA ,l '? - ` � ` REQUIRESSE 2` - DVV1 Ventvisors-stickonstyle $120.00' $89.002i DVV'" DRY"1' Rainsh�elds-flange style - $140.001 $89.0021 DRS2 -. NA 2 Aluminum wheels NA NAZI NA 2 :Fall size spafee'tire and'rirnr - NA NA 2; DPD 1 Pin stripes/door edge guard $140.001 $185.002 DPS2 962x1 '$`Body.sl4enioldings $45.001 ; NA2 NA,2 RDH 2 Rear deck halogen warning lights-red and or blue flashing ! NA $198.002 Bid Award Announcement(06-14-0821) 171 VEHICLE: Focus(P34) Focus(P34) Focus(P34) Focus(P34) DEALER: Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercury ZONE: Western *Northern Central Southern BASE PRICE: $10,925.00 $10,928.D0 $10,993.00 $11,079.00 DW-RDS(� Bear deck strobe',wm arng lights red'arutor blue flashmg a $390.001 ' $273.002RES DW-RDL 1 Rear deck LED,GEN 3 minimum,warning lights-LED lights may be blue,red,ambers $498.001 $333.002, RDL 2 or any combination-specify color GO-L , Left-hand pillacmounted 6-s`potbght with clear halogen bulb` ° NA $425.002 REMOTE GO LIGHT 21 # NA 2 Left&right-hand pillar mounted 6" spotlight with clear halogen bulb NA NA2' DW-GSr� Strobe grille'lights 2 minimum'(,Whelen;;Federal,Code 3 or approved equivalent) $398.00' $288.002' GLS 2 " DW-GL I LED,GEN 3 minimum,grille lights,2 minimum-LED lights may be blue, red,amber $469.001 $305.002.' GLL 2I.or any combination-specify color(Whelen,Federal,Code 3 or approved equivalent) DW,RMS � - Rearview mirror strobes(Whelen;Federal,Code.3 or approved equivalent) t $590.00 1 $355.0021 DW-RML 1 "LED,GEN 3 minimum,rear view mirror flashing lights-LED lights may be blue red, $573.001 `. $345.002'- RML 2 amber or anv combination-specify color(Whelen,Federal,Code 3 or approved equivalent) i DW-RBS � ;:Roof-mounfamber strobe beacon(Whelen,•Federal',Code 3'or.approved equivalent). $390.00 $318.00 s DAS2 DUAL AMBER STROBE 2' - . DW-TLS 1 Strobe trunk lights,2 minimum(Whelen,Federal,Code 3 or approved equivalent) $420.00' $273.002.' TLS2 DW TLE"'l ,�LEDj GEN.3 minimum Trunk lights 2`mimmum-LED lights may,be,blue;red,amber $520:001 $305.0021 TLL=-2' ' :orian`'eoinbination s eci .color,Whelen;Eederal;Codc 3 or a i ved'e uivalent ( TLH 2 =Halogen trunk lights,2 minimum(Whelen,Federal,Code 3 or approved equivalent) 1 NA $198.00" IDS Strobe integral directional[arrow activated in'lightbar-(with,controller',if required) NA [net Requires purchase of Irghtbari - .. ..v. -� IDL 2 LED,GEN 3 minimum,integral directional arrow activated in lightbar(with controller NA Incl?i if required)-LED lights may be blue,red,amber or any combination-specify color. Requires purchase of lightbar. j s IDH 2 aHalogen,integral=directional=arrow added to lightbar(with controller if required) NA NA2. TDL 2 !Traffic directional LED,GEN 3 minimum,arrow with 6 modules(with controller if NA $488.0021 required). CAL S.2 Code 3-RLS=upgrade,deluxe siren,rriicroprocesso`ncontrolled - NA NA2: I FSS 2 1 Federal Signal Smart Siren-upgrade,deluxe siren,microprocessor controlled NA NA 2' 2'` i NA $371.002. WCU Whelen Cencotir-upg`r`ade,"deluxe siren,,,microprocessor controlled - o� r k CHF 2 Code 3 -Headlight flashers,solid state NA NA2:' FHF `Federal Signal-}Headlight flashers,solid-state NA NA2; DW-SSFCV I Whelen-Headlight flashers,solid state $187.00' $123.002 WHF2 CLC Upgra&6asic(6)switch cdmh6ller;and-siren`to combination controller/siren ( NA _ $189.00 ' Bid Award Announcement(06-14-0821) 172 VEHICLE: Focus(P34) Focus(P34) Focus(P34) Focus(P34) DEALER: Orville Beckford Duval Ford Duval Ford Duval Ford Ford-Mercury ZONE: Western *Northern Central Southern BASE PRICE: $10,925.00 $10,928.DO $10,993.00 $11,079.00 CAP 2 CODE 3:Administrative Vehicle Package-Consist of Interior Rearviw Mirror LED NA NA 2'. E Light;Rear Deck or Headliner LED Lights(Minimum of 2);Headlight Flasher;Four `Corner Strobe System (60 Watt Power Supply Minimum);Combination Light Controller/Siren; Speaker and Bracket-LED lights may be blue,red,amber or any + - '..combination-specify color TAP 7 FEDERAL SIGNAL Ad mini strativeNehicle Package Copsisvof Interior,-Rearviw NA NA 2j Mirror LED Light Rear Deck or Headliner LED Lights(Minimum of 2);`'Headlight_ Flasher Four Corner Strobe'Systein(60,Watt Power Supply Mmiinum) Combination Ligfit Controller/S:ren Speaker and Bracket LED,Iighis may be,blue red;anibervor combmation,-specify color � DW-LOP5G ir 1 WHELEN:Administrative Vehicle Package-Consist of Interior Rearviw Mror LED $1,895.001 $1,555.002' WAP 2 Light;Rear Deck or Headliner LED Lights(Minimum of 2);Headlight Flasher; Four I Corner Strobe System(60 Watt Power Supply Minimum);Combination Light Controller/Siren; Speaker and Bracket-LED lights may be blue,red,amber or any j combination-specify color DW-660SYS 1- �°Comer Strobe-Kits Wheleni,K:t with'4 clear tubes',6routleCCSP�6, 'Power supply; $420.00' $390:002 W60z 2=1�'=cables,2-30 cables DW-690SYS 1 Corner Strobe Kits—Whelen Kit with 4 clear tubes,6 outlet CSP 90w power supply, i $460.00t $410.002 W90 Z ..2-15' cables,2-30'cables E60'2 Corner.St robe IKits 'Federal.Kit with 4 clear-tubes,6.mnlet666L'power.-supply,2-15' NA NA2° `cables,2,30'cables - FRS :Corner Strobe Kits Federal Kit with 4 clear tubes,6 outlet RICHOCHET power NA NAB y supply,2-15'cables,2-30'cables S60N 2 Corner Strobe kit-s,'—,S-o�un�'ddft7 Kit with 4?:clear tubes,;6 outlet 60w Nebulapower NA NA2' supply 2 IS 2-30 cables3 s ,q ., ' w . S I I OG 2 Comer Strobe Kits—Soundoff Kit with 4 clear tubes,6 outlet, 1 I Ow Gemini power NA NA7 supply,2-15',2-30' cables C60 2 Comer Sara beIKits Code 3 Kit with 4 clear tubes,PSE460 power supply,2=15" NA ` NA ~cables 2 30 cables C90 Corner Strobe Kits Code 3 Kit with 6 clear tubes,PSE690 power supply,2-15' NA NA cables,2-30'cables DSM,1:.���. 'i Complete set 'f shopan muals ONLY � ' f' $290.00� $365.002' 6/100 B Minimum 5/75 Manufacturer's Extended Base Care Warranty($0 deductible) I $435.00' $615.002 B6/100 2 ' 5/75 Ea 'Minimum 5/75,Manufactmeiis Extended Extra Care:Warranty($Qdeductible) $335.001 $720.002i E5/100&6/100� 6/100E$955 I . I 6YR1100 000M1.COVERAGE iS$955 00 2 l 6/100 P 1 `Minimum 5/75 Manufacturer's Extended Power Train Warranty(SO deductible) _ $285.00' $675.002 P7/1002 BID PRICE IS FOR 7YR/100,000M..COVERAGE2 Bid Award Announcement(06-14-0821) 173 RESOLUTION N0. 2006-211 /• f A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING MITCH KRAFT, ESQ. TO ACT AS A CODE ENFORCEMENT SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach appoints Mitch Kraft, Esq. to act as a Code Enforcement Special Magistrate for municipal code enforcement proceedings. A copy of the terms and conditions of the appointment is attached and incorporated by this reference. The appointees shall serve at the pleasure of the City Commission. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are be repealed to the extent of such conflict. Section 3 . That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 12006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATRORNEY November 22, 2006 Mitch Kraft, Esq. 11081 NW I" Court Coral Springs, FL 33071 Re: Special Magistrate Retainer Agreement Dear Mr. Kraft: This Retainer Agreement shall confirm that you agree to act as a Code Enforcement Special Magistrate for the City of Dania Beach ("City") under the following terms and conditions; 1. Pursuant to the authority provided in City Resolution No. 2005- 131, adopted on September 13, 2005, this will serve as your appointment as a Special Magistrate for Code Enforcement commencing on October 1, 2005. You will serve it this pleasure of the City Commission. 2. It is agreed that you will be compensated for your services on an hourly basis at the rate of$100.00 per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. It is agreed that you may bill for actual reasonable out-of-pocket expenses in connection with your Special Magistrate duties, including but not limited to, such ordinary expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the request), photocopy charges ($0.15 per page), faxes ($1.00 per page) and courier charges. 4. As a Code Enforcement Special Magistrate, you will be responsible for preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign. Additionally, you will adhere to Chapter 162, Florida Statutes, Chapter 2 of the City Code of Ordinances and the City's Zoning and Land Development Codes as they relate to Code Enforcement matters, the Florida Rules of Civil Procedure, rules of evidence and all other City ordinances relevant to code enforcement. Mitch Kraft, Esq. November 22, 2006 Page 2 of 2 5. It is agreed that you will submit a detailed invoice to the City Code Enforcement Department, Attention: Gloria Brandes, Clerk, within fifteen (15) days of after the end of the preceding month. Invoices shall include: the date of each hearing over which you presided, the total number of hours worked (rounded to the nearest tenth), and a brief summary of the work performed. Any reimbursement for out-of-pocket expenses outlined above requires the submission of invoices, bills, receipts, etc. 6. Each invoice will be reviewed and submitted to the Finance office for processing. In the event that there is a question or dispute as to a certain invoice, either the Code Enforcement Office or the City Attorney's office will contact you to resolve the matter. 7. This Agreement may be cancelled by the City upon five (5) days' prior written notice with or without cause. Upon such termination, you shall be entitled only to such fees and costs earned as of the date of termination. In the event you deem it necessary to cancel this agreement, you shall give thirty (30) days' prior written notice to the City Attorney's office. 8. In connection with the Special Magistrate duties, it is understood and agreed that you shall not represent clients in lawsuits, quasi-judicial proceedings, or administrative matters involving the City, nor shall you represent any client in a property-related matter with a reasonable potential of becoming a respondent before the Code Enforcement Board, a Special Magistrate or both. Further, you shall not receive a referral fee for referring a current or future potential client to another attorney, if such client is pursuing or intends to pursue any claim against the City in a court of law, any arbitration hearing, or before a state or local government administrative board. 9. The City will indemnify and defend you in your capacity as a Special Magistrate for Municipal Code Enforcement proceedings, from any cause of action that may arise from the performance of your duties as Special Magistrate on behalf of the City, within the scope and course of your employment. Please sign in the space provided below and send the original to my office. Very truly yours, Thomas J. Ansbro, City Attorney City of Dania Beach Agreed and accepted by: Date: Mitch Kraft, Esq. V# ;?,, ORDINANCE 2006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA THAT: Section 1. That Article XII, to be entitled "Storm Shutter Regulations", of Chapter 8, "Buildings", of the City Code of Ordinances is created to read as follows: ARTICLE XII. Storm Shutter Regulations Sec. 8-141. Storm shutters placed on structures certified for occupancy. Storm shutters are encouraged for all structures certified for occupancy in the City. Any permanently installed storm shutters shall be installed and designed in conformance with the standards set forth in the Florida Building Code, as amended from time to time. See. 8-142. Storm shutter placement. Consistent with the provisions regarding storm shutters as defined and set forth in the Florida Building Code, as such Code is amended from time to time, it is prohibited for anyone to maintain storm shutters in a closed and secured position on a structure for a period in excess of thirty consecutive days and they must be removed or opened after that period of time, unless: (a) a hurricane occurs during the thirty day period, at which point the thirty day period will begin anew the day after a hurricane watch or warning has been lifted; or (b) hurricane conditions are expected to occur within 36 hours after the thirtieth day; or (c) the structure is used for residential purposes, but no person is in residence for a period in excess of thirty consecutive days, except that (a) and (b) above, shall still apply during periods when a person is in residence. While plywood boards are a permissible type of storm shutter under the Florida Building Code, such shutters shall be removed as provided above, whether or not any person is residing in the residence. Sec. 8-143. Permissible storm shutters. Any types of storm shutters that meet the requirements for storm shutters set forth in the Florida Building Code, as amended from time to time, may be installed within the City. Section 2. That if any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall take effect immediately at the time of passage and adoption. PASSED on first reading on , 2006. PASSED AND ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-041 CITY OF DANIA BEACH Agenda Item # • Agenda Request Item Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Re ueste`d Acf,ori r��( Idenft of ro hate ACtlon or Motion ` fs~ i E p r t t: KQ � .�-x. sa; �32.PP»,Pui(n"rnvm s;>`y.a..?r"�i'._.au.,.c�5..7. s tiu`F•id«.;; ar,a.,wr,@. (? '�" +e:i_av�6 e -;,a�,,:aasdei„ '.,.7 »Cw�+ � .f3 Approve ordinance revision Current language is outdated; at the City Commission's request, the ordinance will be revised to provide for more generous treatment of employees called to active military duty. s s^" i 9'ti ry s P pi�yCpp� @g' r 'i9 a i'."fe.`n. $ 6�'tE#��}"� VVhatFActton Accompl ShBS v¢t=i r} 1 @ c 5h� � 6- y ft ar ry a c iv ._.c....'vn, 7M? a#_:z - "e !Purchasing!Roo uest ONLXJ.-- WN �v 4 i � 4n E iy �Y a� E ME �c3u,w..... . .....ag k.... 3gw„k,tet6a ..t�..Eka:a�w��-m�i tai..o-' �' ! IMF e._.. .,d:wwc.�. Dept: 1300 Human Resources Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ F ` ` 1 v M N,'�G�*;+ ".n°' 4.��i+•�:6- ��� Explained above Ftscal#tm.waCtrCaStYSu nma z w v ei yz 9'ilrtyE v c w w @ k y � , q-I,A 2fy,rM, S k k x ?Mc Len rn 4'p :`RUO m.esyf.-,:.Ec� .we drs„*aah^,mccaP.a....NWR!� .�*x^,i sm. _�E_..,n_'$niE+e. .3,._�i�7„t,a n..8v,r:',1 .,.H�,,,.E,�,� �:U�s.�m .a NONE -i v*ia ` n �� '€ v �� as�L ExuJa S-' �,,� IR' �, ', i Vie { ��0 a M"aP rc „c 3' i�q 1'cExhtbds Attached yw3r.3q,� PftY .��i y C '�Ewa i,. aamF x�'frd , Y..iwya''f. ;re '�,�' rz, a a ,,� " h=, " E I, ,N di%:G�;waa m..� v.,,2 .,.,.w..,:....t".».aau,efiLl.,,:.:a. u" „dP ,u:3,5'u w.:.0 .L��`,�.�,.-t. +. .i"„aAa":,'G£. a ` ,: t Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ,�„r'"s°�'Cx' °"'°x' �`'�4ie�j�1 'x""5" t @ as 5' `�ec�it _,��c°.`"""ti�P'P4$ki, ��-F �" .,"Y # ', �,ris-ihsi � j ar [xt` t � r AuthonzedStgnatures-+Ri,RE"� �,.- -,o - ,' Pkt 7+ ,,.'sP'w..=�' II ' m '. ba:,w,a:...cc...,�"�,. r. '':».i- c Submitted by Mary McDonald Date 11/21/06 Department Director Mary McDonald Date 11/21/06 HR Director Mary McDonald Date 11/21/06 Finance Director Patricia Varney Date 11/21/06 City Attorney Thomas J. Ansbro Date 11/21/06 City Manager Ivan Pato Date 11/21/06 pp Cam dg v { �� : i k { dK✓% 3} y. tt^ �Ct Clerklse F F , a E 1 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE 2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2-6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Sec. 2-6 of the City Code of Ordinances, which Section is entitled "Military leave of absence for officers and employees", is amended to read as follows: See. 2-6. Military leave of absence for officers and employees. Ex t ethe provided by the it o Mu' • aAny officer of employee of the ep� ..� ., ,.....,,:, pro.� ", eCity who shallperform active military service in the armed forces of the United States shall be granted a leave of absence, girding to the terms e as provided by section 115.14, Florida Statues, and such officer or employee of the city shall ha��,e the first thirty (30) days of sueh leav-e of absence with Fill pay, and the remaindef without , Additionally, any such person shall be paid the difference between suchperson's regular City base pay and the salary received from the military service while on such duty, for a period of six (6) months from the beginning of the active service. The City will subsidize the person's health insurance premium for the period of the active service specified above. The subsidy will be equal to the premium subsidy otherwise granted to such person while rendering service to the City. One or more extensions of this six (6) month period may be granted if approved by the City Commission. The provisions of this Section do not apply to short term National Guard service or reserve training programs. "Short term" means a period of less than six (6) months. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall take effect immediately at the time of passage and adoption. PASSED on first reading on 12006. PASSED AND ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-042 CITY OF DANIA BEACH Agenda Item # , /R Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requesti Acfion (!de`fi , Dot opdate alon;orMotINN pn)' . ORDINANCE NO.2006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE"HARBOUR TOWNE MARINA,PLAT NO.2"PLAT,SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RD STREET,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 THE"HARBOUR TOWNE MARINA, PLAT NO.2"PLAT;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. `SNhy Act4iongi .N'ecessary ;.. ' �.� , I, 4, What Action Accomplishes .� . ` ""3 i 'Purchas[rig3Requests�ONt�I'-�'` su. � Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanafronlBackgrourd - ^� ;= � - _' PL-31-06: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting a plat for the construction of a dry stack boat storage building located at 801 NE 3 Street (FIRST READING). fscal'ImpactlCo,' Summary fi 'Exhibits'A ached' � - _ Agenda Request Ordinance Staff Report Application Location Map Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatur,, s" P _ Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date M . n Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RD STREET, 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 THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat of the "Harbour Towne Marina, Plat No. 2" Plat (PL-31-06), such property being generally located 801 NE 3 Street in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Ordinance, is accepted and approved. The City consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the "Harbour Towne Marina, Plat No. 2" plat, is accepted by the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on 12006. PASSED AND ADOPTED on second reading on 12006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-043 EXHIBIT "A" "THE HARBORTOWN" PLAT LEGAL DESCRIPTION A parcel of land lying in Section 35, Township 50 south, Range 42 East more particularly described as follows: Commencing at the northwest corner of said Section 35; thence run due south along the west line of said Section for 1291.28 feet; thence run north 89' 18' 49" east along the north line of the south half of the northwest quarter of said Section 35 for 1331.67 feet to the point of beginning; thence continue along said north line north 89' 18' 49" east for 757.96 feet; thence run south 00' 07' 24" west along a line parallel to the east line of the west '/4 of the SE '/4 of the NW '/4 of said section 35 for 672.93 feet; thence run south 89 14 20 west along a line parallel to and 30.00 feet south of the south line of the NW '/4 of the SE '/4 of the NW Y4 of said Section 35 for 732.68 feet; thence run north 00' 05' 55" east for 30.00 feet; thence run south 89' 14' 20" west for 5.0 feet; thence run north 00' 05' 55" east for 427.87 feet; thence run south 89' 18' 49" west for 20 feet; thence run north 00' 05' 55" east along the west line of the east 'h of the NW Y4 of said section 35 for 216.02 feet to the point of beginning; less all canal right of way. The above described parcel of land situate, lying and being in the city of Dania beach, Broward County, Florida. Contains 11.50 acres inclusive of Dania Cut-off Canal, more or less. Subject to restrictions, reservations, easements and rights of way of record. 3 ORDINANCE#2006-043 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G. G Corinne Lajoie, AICP, Principal Planner Cxv SUBJECT: PL-31-06: The applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates, is requesting a plat for the construction of a dry stack boat storage building located at 801 NE 3 Street (FIRST READING). PLAT A perimeter plat to allow the construction of a dry stack boat storage building and restaurant. PROPERTY INFORMATION ZONING: Commercial (C-4) LAND USE DESIGNATION: Commercial The proposed plat delineates the property lines and established a 12' FPL and utility easement along the east property line and a 5' utility easement along a portion of the west property line. The applicant needs to amend the plat to add a signature line for the mayor. The plat must be consistent with the approved site plan. PLANNING AND ZONING BOARD RECOMMENDATION On November 15, 2006 the Planning and Zoning Board recommended approval of the plat with staffs conditions. STAFF RECOMMENDATION Approve, provided the applicant to amends the plat to add a signature line for the Mayor and is consistent with the approved site plan and Special Exception. I BROWARD COUNTY PLANNING COUNCIL 115 SOUTH.ANDREWS AVENUE, ROOM 507 • FORT LAUDERDALE, FLORIDA 55501 TO: David Danovitz, AICP, Assistant Director, Development Management Division Broward County Urban Planning and Redevelopment Department FROM: Henry A. Sniezek, AICP, Executive Director ;l RE: Harbour Towne Marina Plat No. 2 (051-MP-06) DATE: July 19, 2006 The Future Land Use Element of the City of Dania Beach Comprehensive Plan is the effective land use plan for the City of Dania Beach. That plan designates the area covered by this plat for the uses permitted in the "Commercial" land use category. This plat is generally located on the east side of Gulfstream Road (Northeast 7 Avenue), between Northeast 3 Street and the Dania Cut-off Canal. —3. The proposed boat storage and marina is in compliance with the permitted uses of the effective land use plan. The effective land use plan shows the following land uses surrounding the plat: North: Industrial South: Medium (16) Residential and Parks and Recreation East: Commercial and Parks and Recreation West: Low-Medium (10) Residential The contents of this memorandum are not a judgment as to whether this development proposal complies with the Broward County Trafficways Plan, local zoning, other land development regulations or the development review requirements of the Broward County Land Use Plan including its concurrency requirements. HAS:DDV cc: Ivan Pato, City Manager City of Dania Beach v6urence G. Leeds, Director, Growth Management Department City of Dania Beach TELEPHONE: 95+.557.6695 • FAx: 954.557.6695 World Wide Wc6: 6ttv://www.co.6roward.fl.usblanninomm:.I City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment . Plat p 1.- - P 6 G ❑ Plat Delegation Request ❑ Rezoning Date Rec'd: J IM Site Plan -5 11 Special Exception E J ? _ ,•, Petition No.: ❑ Special Request (� ❑ Trafficway Waiver p r ✓ II Variance ✓/7 i %- r: '2 ❑ Vacation Request V/ i i o (� ❑ Other: of vh 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. Their failure to attend may Impact upon the disposition of your application, As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Clty's Building Department. Location Address: 801 NE 3rd Street, Dania Beach, FL't33304 Lot(s): Block: Subdivision: 35-50-42 Recorded Plat Name: N/A 5042 35 00 0161 Folio Number(s): 5042 35 00 0166 Legal Description: See Attached i Applicant/Corsultant/Legal Representative (circle one) Stephen K. Tilbrook, Esq. Shutts & Bowen LLP I Address of Applicant: 200 E. BrowardBllvd. Suite 2100. Ft. Lauderdale. FL 33401 Business Telephone: 954- 847-3830 ' eel :954-8t7-5999 Fax: 954-574-5506 Name of Property Owner: Harbour Towne Associates Address of Property Owner: 1000 N.E. 3rd Street, Dania Beach, FL 33304 Ce11: Business Telephone: 954-926-0300 :954-260-1717 Fax: 954- 922-5484 Explanation of Request: Application to construct Dry Stack Boat Storage Prop. Net Acreage: 11 .5 Gross Acreage: Prop. SquareFoctage: 500,940 sq.ft. Existing Use: Parking/Restaurant Proposed Use: Marina, Dry Stack, Restaurant it Is property owned individually, by a corporation, or a joint venture? California General Partnership CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: . I This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) i I Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/ConsultanVRepresentative) Stephen K.Tilbrook, Esq. to make and file the aforesaid application. Sf te, D : C AZ JjD-Y A � 69 UALi O-F : DS 0�2 S Sworn to and subscribed before me This Ls±day of /)l442 20-Qb nL $' Signature: � /��.f J Date: Mav 1 , 2006 n Jeffrey K. Ellis, Vice President (Print Name)** `llINNNN �l Westrec Investors, Inc. , General Partner Sign Name of Not_arW Public PS Marinas 3 and PS Marinas 4 state of(LIR.-fit f(�1� General Parnters of Harbour Towne Associates T)etki�e, K-e,�wo r7LIL 16633 Ventura Blvd bth Fl Encino CA 91436 Print Name of Notary Street Ad ress, City,State and Zip Code CeI,?) 907-ocipo K2t�3 (Sl�l�907-11�� Commission Expires: , �q �FtJ9 818 907-040 Seal: Telephone No. &Fax o CanrrdMlat 016000" Im"Pimmo.CoXWft **Each partner must sign. Attach duplicate sheets as required. tal Caurdy I i I I understand that site plan and variance approval automatically expires within 12 months of City ission approval, pursuant to Ordinance No. 2005-040. Appli nt/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representativ This f day of 0 20�0 Signature: Date: I Stephen R. Tilbrook, Esq. Sign Name of Notary P Iic (Print Name) d State of( ) TAMMIE JAMES Notary Public-state of Florida 200 E. Browatd Bl'od.#2100:,Ft i PL'auderdale, FL 33301 i P @�&f/nlsslon#DD311419 Street Address, City, State and Zip Code Bonded By National NotaryAmn. Commission Expires: (954) 847-3830 Fax: (954) 524-5506 Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) - to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: I Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. i 1 LEGAL DESCRIPTION: Parcel 1: A Parcel of land lying in Section 35,Township 50 South, Range 42 East, more particularly G described as follows: Commencing at the Northwest corner of sald Section 35; thence run due South along the West line of said Section for 1291.28 feet; thence run North 89" 18' 49" East along the North line of the South half of the Northwest quarter of said Section 35 for 1331.67 feet to the point of beginning; thence continue along said North line North 89" 18' 49" East for 757.96 feet; thence run South 0" 07' 24" West along a line parallel to the East line of the West 1/4 of the SE 1/4 of the NW i/4 of said Section 35 for 672.93 feet; thence run South 89" 14' 20" West along a line parallel to and 30.00 feet South of the South line of the NW 1/4 of the SE 1/4 of the NW 1/4 of said Section 35 for 732.68 feet;thence run North 04 05' 55" East for 30.00 feet; thence run South 89" 14' 20" West for 5.00 feet; thence run North 0" 05' 55" East for 427:87 feet; thence run South 89" 18' 49" West for 20.00 feet; thence run North.00 05' 55" East along the West line of the East 1/2 of the NW 1/4 of said Section 35 for 216.02 feet to the Point of Beginning; less all canal right-of-way. bess that pa.tion of the d-to-6ondern4mam-€ernt-e#-@ nership-by eeleretien-ef- iG8Ad8FA1F1ih1FA Feeweleel-4r�-E)fFielal- eerds•-Book-47e442;-page- 49-thVkRB6fRTOWNE I I i+ I i Location Map 14 Dania em',ogcme! This site c.a NX `RS•800k: � ,,5 o§ 59s NE-Dltl ST ��: x RM-2 ,7 713 ORDINANCE NO. 2006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That a Third Amendment to a Lease Agreement existing between the City of Dania Beach, as Landlord, and Dania Beach Grill, Inc., a Florida Corporation, as Tenant, and covering the property known as the "Dania Beach Grill' and more particularly described in the original Lease Agreement, to provide for deletion of the annual rent adjustment until the end of the current lease term (February 15, 2009) is approved, a copy of the Third Amendment to Lease Agreement, identified as Exhibit"A", is attached and made a part of this Ordinance. Section 2. That the proper City officials are authorized to execute the Third Amendment to Lease on behalf of the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall be in force and take effect immediately upon adoption. PASSED on first reading on , 2006. PASSED AND ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-044 THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILL, INC. This is a Third Amendment to a Lease Agreement, which Lease Agreement exists between the City of Dania Beach, Florida, as Landlord ("Landlord") and Dania Beach Grill, Inc., a Florida corporation as Tenant ("Tenant"). This Third Amendment is entered into and becomes effective on , 2006, and it is an amendment to the existing Lease Agreement, which Agreement is dated February 14, 1999 (the "Agreement'). The Landlord and Tenant wish to amend the Agreement. In consideration of the mutual covenants, terms and conditions contained in the Agreement and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Paragraph 4, entitled "RENT" is amended to add the following: For the time period extending from the effective date of this Third Amendment to the Lease until expiration of the Lease (February 15, 2009), the rental shall not be annually increased, as the Lease currently provides (pursuant to Paragraph 3 of the February 15, 2004 Amendment to the Lease Agreement, which created Paragraph 4a) pertaining to rent and a four percent(4%) annual adjustment. 2. In all other respects, except as amended by the First and Second Amendments to Lease and as further amended by this Third Amendment, the Lease is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Third Amendment on the day and year first above written, effective retroactively on the date specified above. LANDLORD CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: Patricia Flury Mayor- Commissioner BY: BY: Louise Stilson, CMC Ivan Pate, City Manager City Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Ansbro, City Attorney TENANT: Signed, sealed and delivered DANIA BEACH GRILL, INC., in the presence of: a Florida corporation By: Signature Louis Demas, President Print Name Signature Print Name 2 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2006, by Louis Demas, as President of Dania Beach Grill, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: 3 CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: RequeStetlaAct�ongl (Idenfty appropnateaACt nor Mgtion art �`` ,k g� �� s t � 11 � ;:�,.�.._31k�,.u.s ri�S:C va c ;u t.,: ?„6.,I.a 1—hu „st��:,4a 2— ��.� ,u kb 4:E.C..�i4wr: s 5."�'J.i Gaea.::fe� +k . Ordinance changes required by South Florida Water Management District ¢:3�;,ess�w3uu» a�cl6e..asas::u..as..�F. _.:n.�.�a a us .wl:;,:,E::.. .,ea»Ew,i�, Hw,�c5..�.&�..• nsk.s<•w..�,�..,:a�.cn uv �:s �._ "�wa: The City is in the process of renewing its water use permit from the South Florida Water Management District (SFWMD) for withdrawals from well fields. One of the requirements for the permit to be renewed is the City has to have an approved water conservation plan. A portion of the plan requires the City to modify existing ordinance irrigation restrictions. The City will not receive its water use permit renewal until the water conservation plan is approved. lanr:a 'en � xAav'r1�RF 'r��i,vx sa "P-P �39:�'.a5112 :i`�`4 F:.a vy ' rss t4:,aarn% � �1" .,;.rs, �P'i�' u,s'�r>r r� 'nai6'�sR"� :'7�„ s{ r `s{ ' (RWhat AdtlOnv CCOmpIISheSs � G�;.ryt � +b:R r..� h a x z R 4 s fw� .vantat�M._.anti..Y`2+3s.*-h6. w:: .� .�rwa�_!s.f ,. �..h,-tY}3,.., .,.w Allows City to meet requirements so SFWMD can renew permit. a €�°€ "" *xl` °mars `Ra ` n Y' 55•a me 3" -� -F+4.~ag. .n mgml i+t. P urchasing:Requests20NLY 14rk yaa` � �f�I rE.,rr �� �� �f .. .•• WIN .v-"'afi'feI d5�t'...,.u'9ui,::ed.aa,.`:R2��..z2I:�a.M�3 a3.�`,7� fiat f 'E�e�....ram a..!' [� v?,+..�`!Eh�` .. 'e ..SF:"m"�t�e Dept: 3301 Water Utility Administration Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ is+x �di.,dtt:¢1:{Px�°'xj,`fP�"Cdyri a 7F �.YP r'�ta("{+ b ++?tic{1`+a"' i jtt .{c + ;.,+cp R+t §a n 7 yNvy' rx a.,n t'.�^- Rat 9 1P(� ,i�'9r T-",,.{'1s::yh�>,n FiscaltimpactlCOst SUmmarywt x 4 4,3 4h c E v2'+' u a d fax cat6I+: t r ' 'mCY,th fiGn u,+,.itia,.cw �.,.,..t;u,Ei. "1..,_,,. ._L,. : ,ur. ..uw: r-� A,::obrlr, None ffiEchtbtfs Attached a�}y � �, �t � �_,t= E �+ �' �,. �.1�t��„ ���':_� ,�L!r• �d�x.�;�,,.� L x a:i Ordinance Memo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ae aen ,+r"GP� ° 'vRf`t'3 �Et t «' My"�'^',,"k6G'dG r! GG t. §"x x h "sra3e1 ` "R ?, �, ,., 8 +w 4t s+° vt -t° Ott k sY d u a m t ('va @ Sr .: ?,r, A'uthonzed Signatures t ai)EeWE NO t � k ht+4 t{ 2 d e� �+ as a x Ya' &..dd`t.... , Y.+,_ ua.R4.m�a.., Submitted by Leo Williams Date 11/21/06 Department Director Dominic Orlando Date 11/21/06 HR Director Date Finance Director Date City Attorney Thomas J. Ansbro Date 11/21/06 City Manager Ivan Pato g Date 11/21/06 a"Ma' "r`ePEy.!ku� 4k 5axa.=r .+ hri'��-p'{har' `E. �,� 1'ayi cyy[`3auk �b> 5 aa ) � Clty,Clerk=USer d ..r n ;. xatF x „d d y a+ a ,aF+P�S�F�YLhtid i4w � �d,cvu�." �,.rv�'ru_�'..,}1�..�,L�trE.vctlr �,� kt«,e.� Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION'; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH: Section 1. That Section 27-37, entitled "Permanent Restrictions for Lawn and Landscaping Irrigation", is created to read as follows: Sec. 27-37 Permanent Restrictions for Lawn and Landscaping Irrigation. (a) Irrigation of new and existing lawns and landscaping (jointly referred to as "landscaping" in this Section) are restricted to the hours of 9:00 p.m. to 9:00 a.m., seven days per week. (b) Exclusions. (1) Irrigation of new and established landscaping with reclaimed wastewater shall not be restricted. Low-volume irrigation of new and established landscaping shall not be restricted. Handwatering using a self-canceling nozzle shall not be restricted. (2) Irrigation of established landscaping for purposes of watering-in insecticides, fungicides and herbicides, where watering-in is required by the manufacturer or by federal, state or local laws, shall not be restricted. (3) The operation of irrigation systems for cleaning and maintenance purposes shall be limited to the minimum necessary to maintain efficient operation of the system and each irrigation system zone may be tested not more than once each week; however, if such cleaning and maintenance is required more than once per week, then the property owner is required to show proof or provide evidence of that need to the Public Services Department (the "Department"). (4) Disposal wells for water-to-air heat pumps are encouraged; however, existing installations which discharge water to irrigation systems are exempt from the restrictions of this Section. (c) Exceptions. (1) Any users requesting relief from the provisions of this Section shall file an application for exception on a form prescribed by the Department but must conform to landscaping irrigation restrictions until the Department Director (the "Director") or his or her designee grants a temporary exception or until the City Manager or his or her designee grants the exception. (2) Criteria for issuance. No application for an exception shall be granted unless the applicant demonstrates that a strict adherence to the Code requirements will result in an undue hardship and that the exception will not otherwise be harmful to the water resources of the City and, in addition, affirmatively demonstrates that one or more of the following circumstances exists: (A) The exception is essential to protect health or safety; or (B) Compliance with the particular rule or order from which the exception is sought will require measures which cannot be accomplished. (3) Limiting conditions. Exceptions granted shall be subject to the following conditions, unless waived or modified by the City Manager or his or her designee: (A) The exception granted shall be the minimum necessary to alleviate the circumstances for which the exception was granted under subsection (2)(B) above. (B) All exceptions shall expire upon the issuance of a water shortage emergency or declaration by the District or any other entity or agency with jurisdiction to regulate and shall resume in full force after the rescinding of the emergency or declaration by the District or by such regulatory entity or agency. (C) Exceptions granted under subsection (2)(B) above may prescribe a timetable for compliance with the restrictions from which the exception was sought. (D) The City Manager or his or her designee may revoke or modify an exception when it is determined that the continued utilization of the exception is inconsistent with the objectives of the City's Water Conservation Program. (E) All exceptions are personal to the applicant and expire upon transfer of ownership of the property. (4) Applications for exception. The application shall contain the following: (A) The applicant's name, address, telephone number and location of the property for which relief is requested; (B) The specific rule, order, or restriction from which the applicant is requesting relief; 2 ORDINANCE#2006-038 (C) A detailed statement of the facts which the applicant believes demonstrate that the request qualifies for an exception; (D) A description of the relief desired; (E) The period of time for which the exception is sought including the reasons and facts in support of the application; (F) The damage or harm resulting or which may result to the applicant from strict compliance with the irrigation restrictions; (G) If the exception is sought under subsection (c)(2)(B) above, information identifying the restrictions which currently can be met, a description of the measures which would be necessary to meet all restrictions and the date when these measures could be completed; (H) For applications for an exception from restrictions on irrigation, a general description of the irrigation system, including pump or water system output and irrigated area; and (I) Any other information the applicant believes is material. (d) Procedures. . (1) The Director or his or her designee shall review the application. The Director shall set forth in writing the grounds or basis for approval or denial of the exception. Upon the Director's recommendation for approval, a copy of the recommendation shall be forwarded to the applicant with a temporary exception granted for 14 days. Upon the Director's recommendation of denial, the Director shall inform the applicant that the application is denied and shall set forth the applicant's right to a hearing on such denial. The applicant may request a hearing on such denial in accordance with subsection (d)(3) below. (2) The Director or his or her designee shall present the application to the City Manager or his or her designee to grant, deny or modify the exception. City Manager action denying applications for exceptions shall be by written order and copies shall be furnished to the applicant. An applicant whose exception has been granted by the City Manager shall be furnished an appropriate notice of a landscaping irrigation restriction exception which shall include the terms of exception and shall be prominently displayed at the applicant's place of use. (3) Any person desiring to dispute a denial by the City Manager or his or her designee shall request in writing to the Director within 20 days of receiving the City Manager's denial that a hearing be held on the disputed matter. Upon such written request, the Director shall convene a hearing within 15 days of receiving such request for hearing before the Hearing Panel. The City's Hearing Panel (the "Panel") shall consist of the City Engineer or Consultant Engineer, the City Attorney and the Director of Community Development, or their respective designees. The 3 ORDINANCE#2006-038 Director shall first present his or her side of the dispute. The applicant will then follow with a presentation of his or her case. The Hearing Panel shall hear and consider all testimony offered and shall, at the conclusion of the testimony, issue its order. Hearings shall be open to the public and such hearings shall be conducted informally in accordance with ordinary parliamentary procedures, and with all efforts to ensure that due process is afforded. Any person desiring to appeal the decision of the Hearing Panel may request an appeal before the City Commission in writing to the City Manager within ten days of the Hearing Panel's denial of the application for exception. Such an appeal request to the City Commission shall be scheduled at the next available City Commission meeting date. (f) In the event the District imposes restrictions on landscape irrigation for new or established landscaping which are more restrictive than those imposed by this Section or the restrictions imposed pursuant to Section 27-32, the more restrictive regulations shall prevail. Section 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on November 14, 2006. PASSED AND ADOPTED on second reading on 12006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 4 ORDINANCE 92006-038 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on November 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,(954) 924-3623 at least 48 hours prior to the meeting. /s/Louise Stilson Run in Sun Sentinel: November 17,2006 City Clerk 9. a CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission CC: Ivan Pate, City Manager Larry Leeds, Community Development Director Louise Stilson, City Clerk Nick Lupo, Code Enforcement Manager FROM: Tom Ansbro, City Attorney DATE: November 8, 2006 RE: Proposed Amendment to City Sign Code; Posting and Display Time Limitations for Political (Election) Signs As directed by the City Commission at a recent City Commission meeting, attached is a proposed ordinance which will limit the times when political signs pertaining to an election may be posted or displayed. Once a candidate "qualifies" as a candidate, he or she may post signs. As for other ballot matters, such sign displays can begin after the Office of the Supervisor of Elections receives the ballot matter wording for printing on the ballot for the applicable election. All temporary sign of any nature are required to be removed within seven (7) days after the applicable event or election occurs. This is ready for City Commission consideration and adoption. Attachment 1 ORDINANCE NO. 2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission ("City Commission") of the City of Dania Beach ("City") has adopted regulations pertaining to signs located in the City, in order to maintain and improve the aesthetic quality of life presently existing within the City; and WHEREAS, these sign provisions are codified at Article 2, "Definitions," and Article 28, "Signs," of Chapter 28, "Zoning," of the City's Code of Ordinances; and WHEREAS, the City Commission finds and determines that these provisions are in need of revision to better protect the citizens of the City from the impacts of excessive temporary political signage; and WHEREAS, the City Commission finds and determines that the posting of temporary political signs prior to the date of qualification of the candidate or ballot issue to which they pertain does not serve the public interest and harms the aesthetic environment and appearance of the City; and WHEREAS, the purpose of this revision is to clarify the intent of the existing sign regulations and to provide viewpoint neutral regulation of temporary political signage in the City; and WHEREAS, pursuant to law, notice has been given by publication in a newspaper of general circulation in the City, notifying the public of this proposed Ordinance and of a related public hearing; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above, at which the parties in interest and all other citizens so desiring had an opportunity to be heard and were heard; and WHEREAS, the City Commission finds that enactment of these revisions through its police powers will protect the public health, safety and welfare of the residents of the City, including the aesthetic environment and appearance of the City, and furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Intent. That the preceding "WHEREAS" clauses are ratified and incorporated into this Ordinance as the legislative intent of this Ordinance. Section 2. Date of installation of temporary political signs. That Section 28.220 of Chapter 28, Article 28, "Signs,"is amended to read as follows: 28.220.Temporary signs. The following temporary signs shall be permitted in any zoning district and shall be subject to the provisions set forth below: 0 0 0 (7) Temporary political signs. Political signs (temporary), subject to the removal requirements of subsection (2) above, of eight (8) square feet in area or less. Temporary political signs shall not be posted or displayed prior to the date of qualification of the candidate identified in such signs For signs relating to any other ballot matter, such signs shall not be posted or displayed prior to date of receipt by the office of the Broward County Supervisor of Elections of the ballot matter wording for printing on the ballot for the applicable election. 0 a 0 2 ORDINANCE#2006-039 Section 3. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on November 14, 2006. PASSED AND ADOPTED on second reading on 12006. PATRICIA FLURY MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE#2006-039 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on November 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS")OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,(954)924-3623 at least 48 hours prior to the meeting. /s/Louise Stilson Run in Sun Sentinel: November 17,2006 City Clerk CITY OF DANIA BEACH Agenda Item # q ,3 Agenda Request Item Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) X Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Actton tlde�fitY aPP P 2t�ACf O tOfiEM0210n) e �t FF z ut k i it {° Eti Fl Jrpr c,1, inam C t`kp 7, ..,,� �' Adopting new water and sewer impact fees e®° k 9�j{ritkt''7'w.',t':'. �aiFa ^-"-em wm�=p{Er+s:�.dt (� c 'y J "'i N u ^f Gv'ei•,a-�Ei Fl ?{: fl�hii�Fl`` ,Ee Fl •= rw-r t n .�3 [- E .5 ''' 'ry S ' p t*&w i n IN Fl tkE k�yti4 siI ay Fl 9P"t. j rvk Fl "�.d» FlFlFlL fi i Wh Actionyis Necessa wk a� m k kt �i .;`.!..wwSk' ........m1dk�ta" ,6wt.vs..(sFs.n!,.t.a.,,`a'.weu�€� Gac.'"a"�`:.:...?At U.-4�,.L:Du34Flr6{,c�,...s�.,..Fl..m'a3c,�L`.. ._, uaa....�E.-cG..G«.F .,nk`. To provide a rational nexus between the fees and the capital cost for treatment and major transmission systems that is permitted by law. What Action Accom tlSh@s itft w wk) n tFlpwaa zs.ar 7$ijx akNO Fl5 y Fl M p�,en Fl vr& eh @+�u�$ . +tt;°u.c i' fir."'..®.�o.-4s—:S�,md F,,1.,*Ekl ,15a�¢;.;aui P H.,.n ,l�n,��I��es�. sa��,;e_,MOO L,h.a;kOKI�kE�'R O N M E f l';%'I,�� t Nk ; Purchasing »r Dept: 3301 Water Utility Administration Acet#: Amt: Fund: General: ❑ Water: ❑ Sewer: y❑ Stormwater: ❑ Grants: ❑ Capital: ❑ vt'r t p}^ i'. 9A Flj�EFl�:.n• E� Rya:'p 'd S" I Akita PkM�"C"N"g:,CH °C irvti 1t, � p`�tni� S� fi�F e}n Fl I-t l3{njtY z{FNFl tF �yPRM�.°i Summary Explanation/Ba kg° a ®rsW �t,; NY,t�����. Fl!!' �.'"I", _.u�E".a:�a&W kQK f,t�' _� z� ,iffi A. 22 kp,-25,.~�', See staff memo v;+an}v rmtm-'mcsn..i" F..msav,-`i max b6€ R �' c @t Fug H �aa,+Cakt see ,.'� +ie H'h tks au F',w3 "e rvz srSi.F s +'+ 4.`F,y ' ,# +Fsywrrnaxr.,wg Ftscal impactiCost Summary 2-fit ,+ s r,° g . �i an 2e , F u sh �,,r ,`,€ *+ ° ,y.. , r + *a E{+1hd� a..Ee i4Os'aa....bWa g% }Rrvti tt F'Rt' ..+£E Eq w eac. rw•_}mew p, rss a5 F , I'h9 Eta 9."C" r ""rew c a , r a ,4 v 9 fi ":&Y F� r ! a, 'S e@t`E ,Perk Em Y ,L �, ��+ ,F , 5 i' ! r a � i ° N, i n!k^}. ciii r *a. ,"u a+EXhIb�tStt�aCh d-�.Po�tIFd,,=..:.am w,l �,k� €°vi,x,, ,�,lSYar.u}„_�. iF � '�o-,3ru,_aa�m�.i''�.�..�,�i Staff Memos Ordinance Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ISM Authortied'Stgnatures a ^fie " 1 " 7aw 'ta i P gK WTfi� a g4 , m`a ! ;r 1 ? at i,F.du::z n�,.Qi.u..�.,.. �li.��i@,aaa�!..k�G:u#,.+�..w.�t,mem,4.'uP'�,+5�6.,dx.ehR.�"'F7,4F,.�6.:.5wna. a�s'.aa'a�`mw.:;,aa"�.,{� }�.>:{a[i"�G..E's.Ei Submitted by Patricia Varney Date 11/22/06 Department Director Date HR Director Date Finance Director Patricia Varney Date 11/22/06 Cdv Attorney Thomas J. Ansbro Date 11/22/06 Cdv Manager Ivan Pato Date 11/23/06 `f" e;r(iltYiCiieri(aUSe ., u'F' � �ar4,-, `�iw „w ce1I,F°'rn',yrr � ,.{m s},.+li+a,ii r-^'€ 11 } ,e�.,.. �!} v gey;�, 'ua"exF,Fa tt'�tl�+s-x-.4�um...ib'o-drtF"19 rsscGk.ss:m''4.i.fib„ 6Emw,,'v.,cdw.t�n,i..o.,.,:u,:X�sa�.. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ � 3 ORDINANCE NO. 2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES'; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, THAT: Section 1. Existing Article VII of Chapter 27 Repealed. Article VII, entitled "Water and Sewer Impact Fees" of Chapter 27 (entitled "Water and Sewers") of the City Code of Ordinances, consisting of Sections 27-201 to 27-207 inclusive, is repealed in its entirety. Section 2. New Article VII of Chapter 27 Created. A new Article VII, to be entitled "Water System and Sewer System Impact Fees," in Chapter 27 is created to read as follows: ARTICLE VIL WATER AND SEWER SYSTEM IMPACT FEES Section 27-201. Definitions. When used in this Article, the following terms shall have the following meanings, unless the context clearly indicates otherwise: (a) "Alternative Water System Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the City Commission pursuant to this Article. (b) "Alternative Water System Impact Fee Study" shall mean a study prepared by an Applicant or Owner and submitted to the City pursuant to the Article. (c) "Alternative Sewer System Impact Fee" shall mean any alternative fee calculated by an Applicant and approved by the City Commission pursuant to this Article. (d) "Alternative Sewer System Impact Fee Study" shall mean a study prepared by an Applicant or owner and submitted to the City pursuant this Article. (e) "Applicant" shall mean the Person who applies for a Building Permit. (f) "Building" shall mean any structure, either temporary or permanent, built for the support, shelter or enclosure of Persons or property of any kind, or any other improvement or structure which creates or increases the potential demand on the water system, sewer system or both, operated by the City. This term shall include any trailer, mobile home, or any vehicle serving the function of a Building in any manner. This term shall not include a temporary construction shed or trailer erected to assist in construction and maintained during the term of a Building Permit. (g) "Building Permit" shall mean an official document or certificate issued by the City authorizing the construction of any Building. For purposes of this Article, the term "Building Permit" shall also include any tie-down permit for a structure or Building, such as a Mobile Home, that does not otherwise require a Building Permit in order to be constructed. (h) "Comprehensive Plan" shall mean the City's Comprehensive Plan. (i) "Development" shall mean the carrying out of any building activity or the making of any material change in the use or appearance of any structure or land, which results in an additional impact or demand on the Regional Water or Sewer System or both. This shall also include existing structures that are connected to interim water or sewer systems or both which are subsequently connected to the regional water or sewer systems or both. All Development shall be subjected to the payment of impact fees under this Article or its predecessor in function, upon the first occurrence of any of the following: (1) Whenever any existing Building or structure, which has not previously paid reserve capacity charges or impact fees under this Article or its predecessor in function, connects to the Regional Water System; or (2) Whenever any existing Building or structure or applicable improvement which is connected to an interim Water system is connected, either directly or indirectly, to the Regional Water System; or 2 ORDINANCE#2006-040 (3) Whenever any Person applies for a Building Permit to construct a Building within the service area of the City's Regional Water System, the Regional Sewer System or both, even though the subject land may receive interim water service, interim sewer service or both from a source other than the City; or (4) Whenever a person applies for a Building Permit to alter an existing Building, structure or applicable improvement already connected to the Regional Water System, where such alteration increases the potential demand on the Regional Water System. (j) "Dwelling unit" (D.U.). A room or group of rooms designed, used exclusively or occupied as separate living quarters by a single family. (k) "Encumbered" shall mean monies committed by contract or purchase order in a manner that obligates the City to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property interests by a vendor, supplier, contractor or Owner. (1) "Equivalent residential unit" (ERU): means the standard unit used to calculate demand upon water or wastewater system capacity. When calculating the Water System Impact Fee one ERU unit shall represent three hundred (300) gallons per day (GPD) of water demand. When calculating the Sewer System Impact Fee one ERU unit shall represent three hundred (300) gallons per day (GPD) of wastewater demand. (m)"Impact Fee" shall mean the fee imposed by the City pursuant to this Article. The term "Impact Fee" shall be synonymous with the term "Reserve Capacity Charge," "Connection Fee," "Reserve Capacity Fee" or similar terms as used in this or prior laws relating to the subject matter addressed by this Article. The term "Impact Fee" shall apply to water system Impact Fees, Sewer System Impact Fees or both, as applicable. (n) "Impact Fee Study" shall mean the study entitled "Water and Sewer Impact Fee Study" prepared by Public Utility Management and Planning Services, Inc, dated August 18, 2006, including the assumptions, conclusions, and findings set forth in the study, which are based on the most recent and localized data collected within the City. (o) "Mobile Home" means a manufactured home, trailer, camper or recreational vehicles. For the purpose of imposing Impact Fees a travel trailer lot or space shall be classified as a mobile home. (p) "Owner" shall mean the Person holding legal title to the real property for which Impact Fees are paid. 3 ORDINANCE#2006-040 (q) "Person" shall mean an individual, a corporation, a partnership, an incorporated association, trust or any other entity. (r) "Public Services Director" shall mean the Person appointed by the City Manager to supervise the administration, operations and acquisitions of the Regional Water System, the Regional Sewer System or both or the designee of such Person. (s) "Regional Water System" shall mean the water utility system directly or indirectly connected to treatment facilities operated by the City. The Regional Water System shall include the treatment, pumping, land, raw water and appurtenant infrastructure, and those pipelines designated as being transmission in nature, generally regarded to be 12 inches and larger in diameter. Regional Water System infrastructure, which is infrastructure for which Impact Fees may be spent, encumbered or both, shall specifically exclude Subdivision Infrastructure. (t) "Regional Sewer System" shall mean the wastewater or sewer utility system directly or indirectly connected to treatment facilities operated by the City. The Regional Sewer System shall include any treatment facilities, pumping facilities installed by the City to serve more than an individual development or subdivision, land appurtenant infrastructure, and those interceptor, collector and pressure pipelines designated as being transmission in nature, generally regarded to be 12 inches and larger in diameter. Regional Sewer System infrastructure, which is infrastructure for which Impact Fees may be spent, encumbered or both, shall specifically exclude Subdivision Infrastructure. (u) "Subdivision Infrastructure" shall mean the water and sewer infrastructure that provides service directly to a Building. Such infrastructure is typically installed by a developer for a new subdivision or development or by the City, often through assessments. Infrastructure that would be deemed to be "Subdivision Infrastructure" includes such water distribution and sewer collection facilities that, for the purpose of this definition, include, by way of example and not limitation, required, needed or appurtenant valves, fire hydrants, meters, service lines, clean-outs, pressurized pipelines less than 12 inches in diameter, gravity lines, pump stations, force mains and interconnecting transmission facilities typically installed and dedicated by a developer or other private party or similar improvements installed as a result of the creation of a municipal assessment, service tax or benefit unit or similar specially funded project in a defined area determined to need the installation, retrofit, or connection to a central water and central sewer system meeting City standards. For the City, Subdivision Infrastructure will generally include gravity collector sewer lines less than 15 inches in diameter, pressure sewer lines less than 8 inches in diameter, and water distribution pipelines less than 12 inches in diameter and related appurtenant facilities. 4 ORDINANCE 42006-040 Section 27-202. Rules for Construction. For the purposes of administration and enforcement of this Article, unless otherwise stated in this Article, the following rules of construction shall apply: (a). In case of any difference of meaning or implication between the text of this Article and any caption, illustration, appendix, summary table or illustrative table, the text shall control. (b). The word "shall" is always mandatory and not discretionary and the word "may" is always permissive. (c). Words used in the present tense shall include the future; words used in the singular shall include the plural and the plural the singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. (d). The phrase "used for" includes "arranged for," "designed for," "maintained for," or"occupied for." (e). Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by a conjunction, the regulation shall be interpreted as follows: 1. "And" indicates that all the connected terms are included, 2. "Or" indicates that the connected terms, conditions, provisions or events may apply singly or in any combination. 3. "Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination. (f). The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of similar kind or character. (g). The terms "growth," "growth-necessitated improvements," "future growth' and the like shall refer and be construed as referring to Development either occurring or connecting, either directly or indirectly, to the Regional Water System, the Regional Sewer System or both subsequent to the effective date of this Article. Section 27-203. Findings. It is ascertained, determined and declared by the City Commission that: 5 ORDINANCE 92006-040 (a). The Florida Legislature has adopted growth management legislation which requires local governments to plan and provide for capital infrastructure facilities such as water and sewer systems. (b). The City Commission has undertaken the commitments to plan for and provide water and sewer systems under the Laws of the State of Florida, including but not limited to Chapter 163, Florida Statutes and Article VIII of the Constitution of the State of Florida. (c). This article requires that where interim water and/or wastewater facilities may be used prior to the Regional Water System or Regional Sewer System being available, Owners of lands connected to interim Water or Sewer facilities are to disconnect from such facilities and connect to the Regional Water System, the Regional Sewer System or both whenever the Regional Water System, the Regional Sewer System or both become available. (d). Future utility service demand caused by any new Development should contribute its fair share to the cost of improvements and additions to the Regional Water System, the Regional Sewer System or both. (e). Implementation of an Impact Fee to require any Development to contribute its fair share of the cost of improvements and additions to the Regional Water System, Regional Sewer System or both is an integral and vital element of the regulatory plan of growth management incorporated into the Comprehensive Plan. As such, the City Commission has caused an Impact Fee Study in support of this article to be completed and submitted to the City. (f). Capital planning is an evolving process and the level of service identified in the Comprehensive Plan for the Regional Water System, the Regional Sewer System or both constitutes a projection of anticipated need for treatment and transmission facilities, based upon present knowledge and judgment. Therefore, in recognition of changing growth patterns, and the dynamic nature of population growth, it is the intent of the City Commission that the underlying plans and costs for the Regional Water System, the Regional Sewer System or both and any related Impact Fees imposed in connection with such systems, be reviewed and adjusted periodically, pursuant to this Article, to insure that the Impact Fees are equitably and lawfully imposed. (g). The imposition of the Water System Impact Fee, Sewer System Impact Fee or both is intended to provide a source of revenue to fund the construction and improvement of the Regional Water System, the Regional Sewer System or both, either necessitated by growth as those systems are delineated in the capital improvement element of the Comprehensive Plan or other plan adopted by the City as noted in this Article. 6 ORDINANCE#2006-040 (h). The Regional Water System, the Regional Sewer System or both are intended to ultimately provide services for all properties within the service area of the City. The presence of the Regional Water System, the Regional Sewer System or both enhances and benefits the health, safety and general welfare of all properties within the City service area. The City Commission specifically finds that the development of a Regional Water System and a Regional Sewer System enhances and benefits the health, safety and general welfare of the residents and landowners within the City service area. (i). This Article shall not be construed to permit the collection of Water System Impact Fees, Sewer System Impact Fees or both from Developments in excess of the amount reasonably anticipated to offset the demand on the Regional Water System, the Regional Sewer System or both generated by the future growth connecting to the Regional Water System, the Regional Sewer System or both subsequent to the effective date of this Article. 0). All improvements and additions to the Regional Water System, the Regional Sewer System or both needed to eliminate any deficiency between the existing Regional Water System, the Regional Sewer System or both and the level of service as adopted in the Comprehensive Plan, shall be funded by revenues other than Impact Fees. Any revenue derived from the Water System Impact Fees, Sewer System Impact Fees or both shall be utilized only for the acquisition of improvements and additions to the Regional Water System, the Regional Sewer System or both which are necessitated by future growth connecting to the Regional Water System, the Regional Sewer System or both subsequent to the effective date of this Article. (k). It is declared to be the policy of the City Commission that the major transmission and treatment improvements and additions to the Regional Water System, the Regional Sewer System or both, required to accommodate future connections or demand by Development, shall be funded by revenue derived from the Water System Impact Fees, the Sewer System Impact Fees or both. Therefore, no credit shall be given for any tax revenue sources which may have been utilized in prior years for the funding of improvements to such Regional Water System, the Regional Sewer System or both. (1). It has been and continues to be the policy of the City Commission that certain water distribution and sewer collection facilities, deemed to be Subdivision Infrastructure, are not to be funded by revenues derived from reserve capacity charges, Water System Impact Fees or Sewer System Impact Fees. Accordingly, the calculation of Impact Fees imposed in this Article does not include or account for the cost or expense of such Subdivision Infrastructure. Section 27-204. Readoption and Ratification of Master Plans. 7 ORDINANCE#2006-040 The City Commission readopts and incorporates, by this reference, the master plans listed below, particularly the assumptions, conclusions and findings in such studies as to the determination of anticipated costs of the additions to the Regional Water and Sewer Systems required to accommodate growth contemplated in the Comprehensive Plan. The City Commission further incorporates by reference the Comprehensive Plan as amended, as it relates to improvements and additions to the Regional Water System, and the Regional Sewer System: • Water, Wastewater and Stormwater Facilities Plan adopted by Resolution 2002- 120 of the City Commission. • PRNIG rate study dated August 19, 2004. 8 ORDINANCE#2006-040 Section 27-205. Imposition. (a) All Development occurring within the City Water and Sewer Service Areas shall pay Water System Impact Fees and Sewer System Impact Fees in accordance with the schedule of fees below. Meter Size ERUs Water Sewer Impact Fee Impact Fee 5/8" 1 $ 1,557 $ 725 1" 2.5 $ 3,893 $ 1,813 1-1/2" 5 $ 7,785 $ 3,625 2" 8 $ 12,456 $ 5,800 3" 16 $ 24,912 $ 11,600 4" 25 $ 38,925 $ 18,125 6" 50 $ 77,850 $ 36,250 (b) The Water System Impact Fees and Sewer System Impact Fees shall be paid in addition to all other fees, charges and assessments due for the issuance of any Building Permit and are intended to provide funds only for growth- necessitated improvements and additions to the Regional Water System and Regional Sewer System. Section 27-206. Payment. (a) Except as otherwise provided in this Article, prior to the issuance of a Building Permit where applicable, all Applicants or Owners, as the case may be, shall pay the Water Impact Fees and Sewer System Impact Fees. (b) The obligation for payment of the Water System Impact Fees, the Sewer System Impact Fees or both and the benefits derived from them shall run with the land that is served. (c) In the event that a valid Building Permit for which Water System Impact Fees, Sewer System Impact Fees or both have been paid expires prior to the initiation of the construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Water System Impact Fees, Sewer System Impact Fees or both. 1. The application for refund shall be filed with the City Manager or designee, on a form approved by the City Manager or designee and contain the following: 9 ORDINANCE#2006-040 a. A sworn statement representing that the information contained on the application for refund is true and correct; b. The name and address of the applicant; c. The location of the property, which was the subject of the Building Permit; d. The date the Water System Impact Fees, the Sewer System Impact Fees or both were paid; e. A copy of the receipt of payment for the Water System Impact Fees, the Sewer System Impact Fees or both or such other record that evidences payment of such Fees; and f. The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the construction has not commenced under the subject Building Permit, the City Manager or designee shall cause a refund of the Water System Impact Fees, the Sewer System hnpact Fees or both to be made. 3. A Building Permit which is subsequently issued on the same property which was previously the subject of a refund shall pay the then applicable Water System Impact Fees, Sewer System Impact Fees or both as required by this Article. Section 27-206. Use of Monies. (a) The City Commission confirms the establishment of a separate reserve account for the Water System Impact Fees and for the Sewer System Impact Fees, which shall be maintained separate and apart from all other accounts of the City. All such Water System Impact Fees and Sewer System Impact Fees shall be deposited into the reserve accounts immediately upon receipt. The City shall keep an accounting and reporting of all impact fee collections and expenditures made pursuant this section. Each and every expenditure of funds from these accounts shall be authorized by motion of the City Commission. (b) The monies deposited into the Water System Impact Fee reserve account shall be used solely for the purposes of providing growth-necessitated capital improvements and additions to the Regional Water System. The monies deposited into the Sewer System Impact Fee reserve account shall be used solely for the purposes of providing growth-necessitated capital improvements and additions to the Regional Sewer System. The monies deposited into both of these accounts shall be used for, but not limited to: 10 ORDINANCE 42006-040 1. Design or construction plan preparation; and 2. Capital construction costs. (c) Funds on deposit in the Water System Impact Fee and Sewer System Impact Fee reserve accounts shall not be used for any expenditure that would be classified as a maintenance or repair expense. (d) The monies deposited into the Water System Impact Fee and Sewer System Impact Fee reserve accounts shall be used solely to provide improvements and additions to the Regional Water System, Regional Sewer System (as applicable) required by growth, generated by Development, and including, but not limited to, expected growth addressed in the master plans listed in this Article. (e) Any funds on deposit which are not immediately necessary for expenditure shall be invested by the City. All income derived from such investments shall be deposited in the applicable Water System Impact Fee, and Sewer System Impact Fee reserve accounts and used for growth related capital expenditures for the relative Water System or Sewer System. Section 27-207. Alternative Fee Calculation. (a) In the event an Applicant or Owner believes that the impact to the Regional Water System, the Regional Sewer System or both, necessitated by the Owner's Development justifies a fee that is less than the fee established in this Article, such Applicant or Owner may submit a calculation of an Alternative Water System, Sewer System (or both) Impact Fee to the Office of the City Manager pursuant to the provisions of this Section. (b) In the case of new construction, any right to submit an Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both shall be deemed to have been waived and expired, and such calculation shall not be considered by the City Commission, if not properly and timely made prior to the issuance of a Building Permit. (c) In the case of existing Buildings, structures or applicable improvements which are required to connect to the Regional Water System, Regional Sewer System or both, any right to submit an Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both shall be deemed to have been waived and expired, and such calculation shall not be considered by the City Commission, if within thirty (30) calendar days from the effective date of service of a "Notice of Impact Fee Statement" under this Article, the Owner does not notify the Office of the City Manager in writing of the Owner's intention to submit an Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both such calculations. Any 11 ORDINANCE 42006-040 Owner who, under such circumstances, properly notifies the Office of the City Manager of an intention to submit an Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both shall submit the applicable calculation within one hundred twenty (120) days of service of a "Notice of Impact Fee Statement" under this Article, or any right to submit an Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both shall be deemed to have been waived and expired and such calculation shall not be considered by the City Commission. (d) Upon timely submission of an Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both, the basis therefore and receipt of the Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both, the City Manager shall schedule a hearing before the City Commission at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the Alternative Water System Impact Fee calculation, the Alternative Sewer System Impact Fee calculation or both and shall provide the petitioner written notice of the time and place of the hearing. Such hearing shall be held within thirty (30) days of the date the Alternative Water System Impact Fee calculation, Alternative Sewer System Impact Fee calculation or both were submitted. (e) The Alternative Water System Impact Fee calculation, the Alternative Sewer System Impact Fee calculation or both shall be based on data, information or assumptions contained in this Article, the master plans referenced in this Article, as amended from time to time, or an Alternative Water System Impact Fee Study, an Alternative Sewer System Impact Fee study or both based upon an independent source. Any such independent source must include a local study supported by data adequate for the conclusions contained in such study, performed according to a generally accepted methodology and based upon generally accepted standard sources of information relating to facilities planning, cost analysis and demographics. The independent source must provide competent substantial evidence that the Alternative Water System Impact Fee, Alternative Sewer System Impact Fee or both represent an equitable pro rata share of the cost of capital improvements and additions to the Regional Water System, Regional Sewer System or both necessitated by the subject Development. (f) If during a prior Alternative Fee Calculation process an acceptable Alternative Water System Impact Fee Study, Alternative Sewer System Impact Fee Study or both substantially consistent with the criteria required by this Article have been accepted by the City Commission, and if any such study is determined by the City Commission to be then current and applicable, the impact of such previously approved Development shall be presumed to be as described in the prior study. In such circumstances, an Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both shall be established reflecting the impact described in the prior study. There shall be a rebuttable presumption that 12 ORDINANCE#2006-040 such an impact study based upon an independent source conducted and accepted by the City Commission more than two years earlier is invalid. (g) If the City Commission determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both complies with the requirements of this Article and that the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both were calculated by the use of a generally accepted methodology, then the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both shall be paid in lieu of the fee set forth in this Article. (h) If the City Commission determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both do not comply with the requirements of this Article or that the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both were not calculated by the use of a generally accepted methodology, then the City shall provide to the Applicant by certified mail, return receipt requested, written notification of the rejection of the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both and the reason or reasons for the rejection. (i) At the sole discretion of the City Commission, the alternative impact fee review hearing may be adjourned or continued for up to sixty (60) days to cause further study or scrutiny of any proposed Alternative Water System Impact Fee, Alternative Sewer System Impact Fee or both or study of either or both of them by either City staff or outside consultants. The final decision of the City Commission shall be in writing and issued within twenty (20) calendar days of the review hearing. 0) Any Applicant or Owner who or which has submitted a proposed Alternative Water System Impact Fee, Alternative Sewer System Impact Fee or both pursuant to this Article and desires the immediate issuance of a Building Permit shall pay the required fees prior to or at the time of submittal of the proposed alternative fees. Such payment shall be deemed paid under "protest" and shall not be construed as a waiver of any right of review. Any difference between the amount paid and the amount due, as determined by the City Commission, shall be refunded to the Applicant or Owner or paid to the City, as applicable. Section 27-208. Exemptions. (a) The following shall be exempted from payment of Impact Fees: 1. Alteration or expansion of an existing Building where no additional demand on either the Regional Water System, Regional Sewer System or both or any interim treatment system is or will be created. 13 ORDINANCE 92006-040 2. The construction of accessory Buildings which will not create an additional demand or either the Regional Water System, Regional Sewer System or both or any interim treatment system. 3. The replacement of an existing Building which has previously paid Impact Fee to the City where no additional demand is or will be created on either the Regional Water System, Regional Sewer System or both or any interim treatment system. 4. Buildings, structures, or improvements, either existing or which have been issued a Building Permit for which construction is proceeding in good faith, previously served by a utility service provider other than the City, provided that at the time the City formally resolves to acquire the utility, the City Commission, in good faith, expressly declares its intention to operate the utility as a component of the Regional Water System, Regional Sewer System or both and not immediately dismantle and disconnect from the acquired utility's treatment facilities. 5. Absent an express written agreement or site specific land development regulation to the contrary, Buildings, structures, or improvements, either existing or which have been issued a Building Permit for -which construction is proceeding in good faith, previously served by another regional provider where the City or any other regional provider has reconfigured service, service areas or both. 14 ORDINANCE#2006-040 Section 27-209. Changes of Size and Use. (a) Impact fees shall be imposed and calculated for the alteration, expansion or replacement of Development which will result in an additional demand on either or both the Regional Water System, Regional Sewer Service System or any interim treatment system. Whenever any Person applies for a Building Permit to alter, expand or replace a Building, structure or applicable improvement of Development land, even though the subject lands may receive interim service from a source other than the City, if such lands are within the Regional Water and Regional Sewer Areas defined in this Article, the Impact Fees imposed shall be calculated on the entirety of the lands subject to the Building Permit. Where the alteration, expansion or replacement occurs on lands for which Water System Impact Fees, Sewer System Impact Fees or both have already been paid, the Impact Fees imposed shall be only upon the additional demand created by the alteration, expansion or replacement. (b) No refund or credit shall be afforded to an Owner or Applicant in the event a diminution of use occurs after the Water System Impact Fees, Sewer System Impact Fees or both already paid have been expended or encumbered. For the purposes of this Article, fees collected shall be deemed to be spent or encumbered on the basis of the first fee received by the City shall be the first fee paid by the City. Section 27-210. Alternative Collection Method. In the event the Impact Fees are not paid prior to the issuance of a Building Permit or otherwise within ninety (90) days of the subject lands becoming characterized as Development, the City shall proceed to collect the Impact Fees as follows: (a) The City shall serve, by certified mail, return receipt requested, a Notice of Impact Fee Statement upon the Owner at the address appearing on the most recent records maintained by the Broward County Property Appraiser's Office. If the Building is under construction, the City shall also serve, by certified mail, return receipt requested, a Notice of Impact Fee Statement upon the Applicant at the address set forth in the application for Building Permit and make a diligent effort to also attach a copy of the Notice of Impact Fee Statement to the Building Permit posted at the applicable construction site. Service shall be deemed effective on the date the return receipt indicates the notice was received by either the Applicant or the Owner, or if the Building is under construction, the date the notice was attached to the Building Permit, whichever occurs first. The Notice of Impact Fee Statement shall contain a reasonably identifiable legal description of the property and shall advise the Applicant and Owner: 1. Of the amount due and the general purpose for which the Impact Fee was imposed; 15 ORDINANCE#2006-040 2. That a hearing pursuant to this Article may be requested within thirty (30) calendar days from the effective date of service of the Notice of Impact Fee Statement, by making application to the Office of the City Manager; 3. In the case of existing Buildings, structures or applicable improvements which are required to connect to the Regional Water System, the Regional Sewer System or both, the Owner may notify the Office of the City Manager of an intention to submit an Alternative Water Impact Fee calculation, Alternative Sewer Impact Fee calculation or both pursuant to this Article within thirty (30) calendar days from the effective dates of service of the Notice of Impact Fee Statement and thereafter provide an Alternative Water Impact Fee calculation, Alternative Sewer Impact Fee calculation or both within one hundred and twenty (120) calendar days from the effective date of service of the Notice of Impact Fee Statement. 4. The Impact Fee shall be delinquent if not paid and received by the City within thirty (30) calendar days of the effective date of service of the Notice of Impact Fee Statement if a hearing is not requested pursuant to Article. 5. Upon becoming delinquent, the Impact Fee shall be subject to the imposition of interest at the highest rate allowed by law on the unpaid amount until paid. 6. In the event any System Impact Fees becomes delinquent, a Notice of Claim of Lien against the property will be recorded by the City in the Official Records of Broward County. (b) Impact Fees shall be delinquent if, within thirty (30) calendar days from the effective date of service of the Notice of Impact Fee Statement, no Impact Fees have been paid or received by the City, or if the Owner has not properly complied with the provisions of this Article, or if a review hearing has not been timely requested pursuant to this Article. In the event a hearing is requested pursuant to Article, the unpaid Impact Fees shall become delinquent if not paid within thirty (30) days from the date the City Commission determines the amount of Impact Fees due upon the conclusion of such a hearing. All time periods contained within this Article shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of receipt of the Notice of Impact Fee Statement or the date of the City Commission's decision in the event of an appeal. In the event the due date falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, the Impact Fees shall bear interest as provided above on a calendar day basis, until paid. 16 ORDINANCE N2006-040 (c) Should the Impact Fee become delinquent as set forth above, the City shall serve, by certified mail, return receipt requested, a notice of lien upon the Applicant, if the Building is under construction at the address indicated in the application for the Building Permit, and upon the delinquent Owner, as the case may be, notifying either or both of them, as applicable that failure to pay the Impact Fees caused the City to file the notice of claim of lien. (d) Upon mailing a notice of claim of lien, the City Manager shall file the notice of claim of lien in the Official Records of Broward County. The notice of claim of lien shall contain the Owner's name, the legal description of the property, the amount of the delinquent Impact Fees and the date of their imposition. Thereafter, without further direction of the City Commission, the City Attorney shall proceed to collect, foreclose or otherwise enforce the lien pursuant to the provisions of this Article. (e) The City Manager shall file a notice of satisfaction of claim of lien in the Official Records of Broward County upon receipt of full payment of a delinquent Impact Fee, interest due, and any recording expenses. The notice of satisfaction of claim of lien shall reflect the appropriate recording information shown on the previously recorded notice of lien. (f) After expiration of one year from the date of recording of the notice of claim of lien as provided above, a suit may be filed to foreclose the lien. Such foreclosure proceedings shall be instituted, conducted and enforced in conformity with the procedures for the foreclosure of unpaid municipal fees. (g) The lien for delinquent Impact Fees shall be superior and paramount to the interest on such parcel or property of any Owner, lessee, tenant, mortgagee or other Person except the lien of City taxes and shall be on a parity with the lien of any such City taxes until paid as provided in this Article. (h) The collection and enforcement procedures set forth in this Article shall be cumulative with, supplemental to and in addition to, any applicable procedures provided in any other ordinances or administrative rules in the Florida Administrative Code. Failure of the City to follow the procedure set forth in this Article shall not constitute a waiver of its rights to proceed under any ordinance or administrative regulations of the City or administrative rules of the Florida Administrative Code or any applicable law of the State of Florida. Section 27-210.1. Developer Contribution Credit. (a) The City may enter into a contribution agreement with a Developer which grants a credit for Impact Fees imposed by this Article in exchange for certain donations of land, or for the construction or installation of certain Regional Water System, Regional Sewer System (or both) buildings, facilities or improvements 17 ORDINANCE 42006-040 and additions to them, made to the Regional Water System, Regional Sewer System or both, as applicable. (b) The amount of developer contribution credit to be applied shall be determined according to the following standards of valuation: I. The value of donated land shall be based upon a written appraisal of fair market value by a qualified and professional appraiser acceptable to the City based upon comparable sales of similar property between unrelated parties in a bargaining transaction. 2. The cost of eligible anticipated construction to the Regional Water System, Regional Sewer System or both shall be based upon professional opinions of the total project probable cost certified by a professional architect or engineer approved by the City. 3. In the case of contributions of construction or installation of improvements, the value of the Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual costs of construction or installation of improvements contributed by the Developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of cost for contributions to the Regional Water System, Regional Sewer System or both identified in a contribution agreement between the Owner and the City. Upon adjustment of the value of the Developer's contribution, the contribution credit shall be likewise adjusted accordingly. Until the contribution credit is finally adjusted upon completion of construction, no more than seventy five percent (75%) of the initial estimate of costs for the contributions to the Regional Water System, the Regional Sewer System or both identified in the contribution agreement shall be actually applied or used in the calculation of the available credit against the applicable Impact Fees. 4. No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the City by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution. (c) All construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the utility construction standards and procedures of the City. All plans and specifications shall be approved by the Public Services Director prior to commencement of construction. (d) Prior to issuance of a Building Permit the Applicant shall submit to the Public Services Director a proposed plan and estimate of costs for contributions to 18 ORDINANCE#2006-040 the Regional Water System, the Regional Sewer System or both. The proposed plan and estimates shall include: 1. A designation and description of the Development for which the proposed plan is being submitted; 2. A legal description of any land proposed to be donated and a written appraisal prepared as set forth above; 3. Initial professional opinions of probable construction costs for the proposed construction provided by a professional architect or engineer approved by City; 4. A proposed schedule for completion of the proposed plan prepared by a professional architect or engineer approved by City; and 5. A five thousand dollar ($5,000.00) processing, review and audit fee payable to the City. (e) Upon favorable review of the proposed plan, the City Manager shall schedule a presentation before the City Commission at a regularly scheduled meeting or a special meeting called for the purpose of reviewing the proposed plan and shall provide the Applicant or Owner written notice of the time and place of the presentation. (f) The City Commission shall authorize the City Attorney to prepare a contribution agreement with the Owner only if: 1. Such proposed plan is in conformity with the contemplated improvements and additions to the Regional Water System, the Regional Sewer System or both; and 2. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the Water System or Sewer System Impact Fee reserve accounts (or both of them) in such a way as to frustrate or interfere with other planned or ongoing growth-necessitated capital improvements and additions to the Regional Water System, the Regional Sewer System or both; and 3. Such proposed plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the treatment and transmission capabilities of the Regional Water System, the Regional Sewer System or both; and 4. The proposed plan is consistent with the public interest; and 19 ORDINANCE#2006-040 5. The proposed time schedule for completion of the plan is consistent with the most recently adopted five-year capital improvement program for the Regional Water System, the Regional Sewer System or both. (g) The processing, review and audit fee shall be returned to the Applicant if either the Public Services Director or the City Commission determines the proposed plan is not acceptable. The processing, review and audit fee shall become non-refundable once the City Commission authorizes the City Attorney to prepare a contribution agreement. (h) Any contribution agreement shall at a minimum include and provide for: 1. Identification of the parties including a representation from each Owner that each is the sole (or a) record owner of the real property described in the contribution agreement. If requested by the City Attorney, the Applicant or Owner shall provide to the City Attorney, at no cost to the City, an attorney's opinion letter identifying each record owner and any lienholders having a lien or encumbrance on the real property which is the subject of this agreement. Such opinion shall specifically describe each of the recorded instruments under which each record owner holds title, each lien or encumbrance, cite appropriate recording information and incorporate by reference copies of all such referenced instruments. 2. A finding that the contributions contemplated by the agreement are consistent with the Comprehensive Plan. 3. A legal description of the Development lands subject to the agreement. 4. The duration of the agreement, which shall not be for a period in excess of five years from the date of substantial completion of the approved plan of construction or from the date of donation, but in no event shall the duration exceed seven years, exclusive of any moratoria, from the date of recording in the Official Records of Broward County. 5. A description of the contribution to the Regional Water System, the Regional Sewer System or both to be made pursuant to the agreement. 6. An acknowledgment that contributions contemplated under the agreement shall be construed and characterized as work done and property rights acquired by the utility or other Persons engaged in the distribution or transmission of potable water or collection of wastewater for the purpose of constructing or installing on or in established rights-of-way, mains, pipes, cables, utility infrastructure or the like. 20 ORDINANCE#2006-040 7. An acknowledgment that the contribution agreement shall not be construed or characterized as a development agreement under Sections 163.3220-163.3243, Florida Statutes (the "Florida Local Government Development Agreement Act"). 8. Adoption of the approved time schedule for completion of the plan. 9. Determination of the amount of credit based upon the standard valuation as identified above. 10. A requirement that the Owner keep or provide for retention adequate records and supporting documentation which concern or reflect the total project cost of construction or installation of the improvements to be contributed. This information shall be available to the City, or its duly authorized agent or representative, for audit, inspection or copying, for a minimum of five years from the termination of the contribution agreement. 11. A requirement that the credit for impact fees identified in the contribution agreement shall run with the subject Development lands and shall be reduced by the entire amount of the Impact Fee due on the first Building Permit issued for the Development and each successive Building Permit until the project is either completed or the credits are exhausted or no longer available. 12, That the burdens of the contribution agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the contribution agreement. 13. An acknowledgment that the failure of the contribution agreement to address any permit, condition, term or restriction shall not relieve either the Applicant or Owner, or their successors, of the necessity of complying with any law, ordinance, rule or regulation governing permitting requirements, conditions, terms or restrictions. 14. Compliance with the risk management guidelines which may be established by the City's Risk Management Department from time to time, including but not limited to, insurance and indemnification acceptable to the City. 15. Annual review and audit of performance under the contribution agreement to determine whether or not there has been demonstrated good faith compliance with the terms of the contribution agreement and to report the credit applied toward payment of Water System Impact Fees, 21 ORDINANCE#2006-040 Sewer System Impact Fees or both and the balance available and unused credit. If the City Commission finds, on the basis of competent substantial evidence, that there has been a failure to comply with the terms of the contribution agreement, the agreement may be revoked or modified by the City. 16. Modification or revocation of the contribution agreement as is necessary to comply with relevant state or federal laws, if state or federal laws are enacted after the execution of the contribution agreement which are applicable to and preclude the parties' compliance with the terms of the contribution agreement. 17. Amendment or cancellation by mutual consent of the parties to the contribution agreement or by their successors in interest. 18. Recording the contribution agreement in the Official Records of Broward County within fourteen (14) days after the parties enter into the contribution agreement. 19. The ability to file an action for injunctive relief in any court of competent jurisdiction to enforce the terms of the contribution agreement, such remedy being cumulative with any and all other remedies available to the parties for enforcement of the agreement. 20. In the event the amount of the developer contribution, pursuant to an approved plan of construction, exceeds the total amount of Impact Fees possibly due from the Applicant based upon the contemplated improvements to the Regional Water System, the Regional Sewer System or both as proposed by the Applicant, the contribution agreement shall provide for future reimbursements to the Applicant or Owner of the excess of such contribution credit from future receipts by the City of Water System Impact Fees, the Sewer System Impact Fees or both. Any such agreement shall not be for a period in excess of seven years from the date of its recording and it shall provide that any remaining reimbursement balance at the end of such seven year period shall be discontinued and void. (j) In the event the amount of a developer contribution, pursuant to an approved plan of construction or donation of land, exceeds the total amount of Impact Fee credits used on the benefiting Development land identified in a contribution agreement, the contribution agreement may provide for the reimbursement of up to one-half (1/2) the excess or remaining balance of such contribution credit, provided that funds are available and collected from future receipts by the City from Water System Impact Fees, Sewer System Impact Fees or both collected during the fiscal year immediately following the fifth anniversary after the date of substantial completion of the plan of construction or 22 ORDINANCE#2006-040 the date of donation, or the seventh anniversary, exclusive of any moratoria, from the date of recording the contribution agreement, whichever shall first occur. Should the source of funds for reimbursement as described in this provision not be available within the time frames described in this provision, the remaining balance of any Impact Fee credits shall be discontinued and void. (k) Any Applicant or Owner who submits a proposed plan pursuant to this Article and desires the immediate issuance of a Building Permit shall pay prior to or at the time the proposed plan is submitted to the City the applicable Water System Impact Fees, Sewer System Impact Fees or both required under this Article. Such payment shall be deemed paid under "protest" and shall not be construed as a waiver of any review rights. Any difference between the amount paid and the amount due, as determined by the City Commission, shall be refunded to the Applicant or Owner. Section 27-210.2 Review Hearings. (a) An Applicant or Owner who is required to pay an Impact Fee pursuant to this Article, shall have the right to request a review hearing. (b) Such hearing shall be limited to the review of the application of the Impact Fee to the Owner or Applicant. (c) Except as otherwise provided in the this Article, such hearing shall be requested by the Applicant or Owner within thirty (30) days, including Sundays and legal holidays, of the date of first receipt of the following, whichever is applicable: 1. Receipt of a Notice of Impact Fee Statement. 2. The denial of an Impact Fee Exemption or Authorization for Reimbursement. Failure to request a hearing within the time provided shall be deemed a waiver of such right. (d) The request for hearing shall be filed with the Office of the City Manager and shall contain the following: 1. The name and address of the Applicant and Owner; 2. The legal description of the property in question; 3. If issued, the date of the Building Permit; 23 ORDINANCE#2006-040 4. A brief description of the nature of the improvements on the property or the connection being undertaken pursuant to a Building Permit; 5. If paid, the date the Impact Fee was paid; and, 6. A statement of the reasons why the Applicant or Owner is requesting the hearing. (e) Upon receipt of such request, the City Manager shall schedule a hearing before the City Commission at a regularly scheduled meeting or a special meeting called for the purpose of conducting the hearing and shall provide the Applicant or Owner with written notice of the time and place of the hearing. The hearing shall be held within thirty (30) days of the date the request for hearing was filed. (f) Such hearing shall be before the City Commission and shall be conducted in a manner designed to obtain all information and evidence relevant to the request for the hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the hearing shall be conducted in a fair and impartial manner with each party having an opportunity to be heard and to present information and evidence. (g) Any Applicant or Owner who requests a hearing pursuant to these provisions and desires the immediate issuance of a Building Permit shall pay prior to or at the time the request for hearing is filed the applicable Impact Fee pursuant to this Article. Such payment shall be deemed paid under "protest' and shall not be construed as a waiver of any review rights. (h) If the City Commission determines that the data, information and assumptions utilized by the Applicant to calculate the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both do not comply with the requirements of this Article or is otherwise not equitable or that the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both were not calculated by the use of a generally accepted methodology, then the City shall provide to the Applicant by certified mail, return receipt requested, written notification of the rejection of the Alternative Water System Impact Fee, the Alternative Sewer System Impact Fee or both and the reason or reasons for noncompliance. (i) At the sole discretion of the City Commission, the alternative impact fee review hearing may be adjourned or continued for up to sixty (60) days to cause further study or scrutiny of any proposed Alternative Water System Impact Fee, Alternative Sewer System Impact Fee or both or study of either or both of them by either City staff or outside consultants. The final decision of the City Commission shall be in writing and issued within twenty (20) calendar days of the review hearing. 24 ORDINANCE#2006-040 Section 27-210.3. Review Requirements. This Article and the master plans shall be reviewed by the City Commission every two years in connection with the City's compliance with its Comprehensive Plan as required by Section 163.3177, Florida Statutes and those plans identified in this Article. The bi-annual review shall consider new estimates of population per household, costs related to the acquisition of land, buildings, capital plant and equipment necessitated by growth and adjustments to the assumptions, conclusions and findings set forth in the master plans adopted by this Article. The purpose of this review is to ensure that the Impact Fees do not exceed the reasonably anticipated costs associated with the improvements necessary to offset the demand generated by new construction or use of the Regional Water System, the Regional Sewer System or both. In the event the review alters or changes the assumptions, conclusions, and findings of the master plans adopted by reference in this Article, revises or changes the Regional Water System, the Regional Sewer System or both or alters or changes the amount of Impact Fees, the master plans adopted by reference in this Article shall be amended and updated to reflect new and demonstrable assumptions, conclusions and findings and shall be amended to adopt by reference such updated studies. Section 3. The City Commission adopts and incorporates by reference into this Ordinance the study entitled "Water and Sewer Impact Fee Study" prepared by Public Utility Management and Planning Services, Inc, dated August 18, 2006, including the assumptions, conclusions, and findings set forth in the report. A copy of the report is attached to this Ordinance as Appendix A. Neither this section nor the report shall be codified in the City Code. Section 4. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Dania Beach, Florida, the sections of the Ordinance may be 25 ORDINANCE 92006-040 renumbered or relettered to accomplish such intentions, and the word "Ordinance" shall be changed to "Section," "Article" or other appropriate word. Section 7. This Ordinance shall take effect 90 days after adoption. PASSED on first reading on November 14, 2006. PASSED AND ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 26 ORDINANCE#2006-040 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on November 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO, 2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED"WATER SYSTEM AND SEWER SYSTEM IMPACT FEES'; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954)924-3623 at least 48 hours prior to the meeting. /s/Louise Stilson Run in Sun Sentinel: November 17,2006 City Clerk CITY OF DANIA BEACH Agenda Item # 9 Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) 0 Award Bid /RFP ❑ Presentation ❑ Continued from: Req'iaeSted#Action _t)dedri, ;gyp;roprlake',cGDn or MD6D:)`•,. _ ORDINANCE NO.2006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B.BIGGER,III (RZ-67-06),FOR PROPERTY LOCATED AT 2501 STATE ROAD 84,IN THE CITY OF DANIA BEACH,FLORIDA,WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3(COMMERCIAL),TO MA-1 (MARINA MILE),SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. hy,Actoh�is NecessaGy ` _ What Ac'ariaAccomp ishe `� -Purchasing Re nests ONLY; ,t.-" 6` �r Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary,EzplartatiorilBackgr , rid'€ °; � � ` .a.. _ RZ-67-06: The applicant, Margaret Croxton, on behalf of the property owner William B. Bigger III, is requesting a change the zoning from Commercial (C-3)to Marina Mile (MA-1)zoning for the property located at 2541 State Road 84 (SECOND READING). :Fiscal ImpactiCost=Summan�yr° v `, � u Ex ttittsAttache .: Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 ,2 Authorized S,i natures{ �w �" 3 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date _ Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B. BIGGER, III (RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by William B. Bigger III, for property located at 2501 State Road 84, within the City of Dania Beach, Florida, is granted and the parcel, as described in Exhibit "A", a copy of which is attached to this Ordinance, is rezoned from the "C-3" zoning classification to the "MA-I" zoning classification. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on November 14, 2006. PASSED and ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-034 EXHIBIT "A" LEGAL DESCRIPTION Property is legally described as: 5042-20-41-0010 — Tract `A', of Staff Marine Plat as recorded in plat book 148 at page 27 in the public records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. 3 ORDINANCE#2006-034 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Palo, City Manager FROM: Laurence Leeds, AICP, Director C G— Corinne Lajoie, AICP, Principal Planner (Vil SUBJECT: RZ-67-06: The applicant, Margaret Croxton, on behalf of the property owner William B. Bigger III, is requesting a change the zoning from Commercial (C-3) to Marina Mile (MA-1) zoning for the property located at 2541 State Road 84 (SECOND READING). REZONING To change the zoning from Commercial (C-3) to Marina Mile (MA-1). Property Information: ZONING: Commercial (C-3) LAND USE DESIGNATION: Industrial PROPOSED USE: Truck Rental REZONING The subject property was annexed into the City in 1990. In 2000 the City changed the commercial districts froin the Broward County zoning to the City commercial zoning district. When the zoning changed some uses that were previously allowed became illegal. On August 8, 2006 the City Commission approved a new zoning district called Marina Mile (MA-1), which allows many uses that were originally permitted with the original Broward County zoning. The applicant is requesting to change the zoning of the property to MA-1 to allow truck rental on the site. CITY COMMISSION PREVIOUS ACTION On November 14, 2006 the City Commission approved the request on first reading. PLANNING AND ZONING BOA":D RECOMMENDATION On October 18, 2006 the Planning and Zoning Board recommended approval. 09/17/2006 11:00 3545241220 'AAKARET CPDXTON PsrAE 62 Gty o/Dsn1a Bach, Plorida Department Of Comrnunliy De+nal W#nent Pletudng and Zonfro DM don Get 81 D"OPmeAt Apokaft" (lea)s2e- 0 atlrdvsathurpa o ube Igloo °t* SEP 11 1006 0 °o v Planning o " Department rnm AMUCAT=mu aar INS ACMMW UMM xr IS COMPU a AM IUMMM tsnrM A" OOL1JMWa Refer to ft aWcWW type at ft top of fhb+taro 4M`RaMrad OonhrtreYhWce O*Odl»t tO detarm tfle suMbman W d=,.*:te ra WnW We each app&aftn app'.atloro ttk reeporu**pprttrectgr d rehald thep be preaarR-t ttlh9 board hearhg• Thep%kre m attm HW UPOd upon ma dW=om Of YWr applhaR M A$ ap qor Om gty"a ewWWMOaWRmOOMrrWP%& at as m orip. Au Pr*J$ p ,r„,A�;y�o�n a Lo=boe Addase: rx p4 t V K pto 9 533�Z Lc (s): elodc Subh�lvlsbns FouoNumthv(a)h 4'D Nr. po/a UAW'oescrMM: _3ArF kwrtiA f'k'•R7g Tvre�rrjl � ee ,ai ADDrtca" a ►e dBdReta�sgtohtive(drdear) Y11Ov�(ty'�Cro�r�j ' ' Mldmu Of AVICUlt -- &Anme rethphons <S.� 4 s'y �So�l Homo: SY 5 7>5 rt G'S 32y i z 2 Nane of Property O&W. Adores or Avp"ov~. e u x A� Fo It L c FC d F4 3 33D ft re+ePrhone9S'q• ?II 9�S Hrrtw 6y�oR Fax: &danedw aRupee: R o>lr 4' PP. Nat AOWO:----- crou AaWp: rr- E,asen0 Is Oroperty I� try by a cNPWIbon,ur 8 Job*venMm? !� v CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as a duly au zed officer, have authorized (ApplkarVConsultant/Representattve) to make and file the aforesaid application. Sworn to and subscribed before me Sepiteramp Name: This day of 20-a —° Signature Date: U 0� (Print Name) n --- Na rye Notary k (Print Tide State of( fLo Print Name of Notary Street Address, City, State and zip Code sheJose A MY Canxiin wh it DD50780 Telephone No a Fax No. %a V EzpWN 0111712010 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE.- This is to certify that the below referenced that the duty authorized persons are the owners of subject lands described, above nd ;hat all partners have authorized (Appll antt Ran Representative) to make and file thee MFLEsaid application. Sworn to and subscribed before me Thls-�l day of_,( 1:` 20 O 6' Signature: Date: 2< � G (Print Name) /// /Y/ n Name of No ry c c_ State of(AeO4,,a/,� // Ii �TD1E S�/fi TiifGe _Y` Dcp a�gD ��� 1,Nrt1akt et, 3330y Print Name of Notary Street Address, City, State and Zip Code p IOnNpt ry'S�G tale of Honda � 1� 4"Itfl� lffp 9S'� �j dl� ' 70 � � My Can mission D0507888 T lephone No. 8�Fax No. p ncy :+pirta 0111714010 - **Each partner must sign. Attach duplicate sheets as required. I 0eat site plan and variance approval automatically expires within 12 mmission approval, pursuant to Ordinance No. 2005-040. nature Print Name Date APPLICANT,CONS ANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and Subscribed before me Applk:ant/ Itan tative: This d ii day of_ • p _20," Signature: o>1�1L Date:_ S ame of Notary Pu r�Qrer D�D X fD yV tate of( ) (Riot Name�f Print Name of Notary Street Address, City,State and Zip Code CO ota PuWfcSlaleolFbrlde p aAu _ q!5`/ `�2y isab 95�1 ar2y�zs0 I: cry Canm eabn D05078BB Telephone No.- Fax Na COT E�pue> avnnola INDMDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I a the fee simple owJDate: � ds esFaan that I have authorized (Appti ant/ nsub epresentative) make and file the of Ication. to Swom to and subsal me Qfi This�L day of�20" L! D Sign Name of o ary Pu c lly,� T� State of( fYp.r'ia/„d (Print Name) —1�/ II G 10, Print Name of Notary Street Address, City, n a Statend Zlp Code Commission Expires: Seal: X 4 5'f ^ Vie-• t'p( I 1 Sf 6d I , 7 e°I Telephone No. 9 Fax No. �,,,r Notary Public State of Florida ON Jose A Santiago v My Commission 00507888 m i � n�' Expires01717t2010 HAROMM CROXTON ENUWRISM, INC. 1315 S Miami Road HF Fort Lauderdale,FL 33316 Phone(954)494-1900 Fax(954)524-1220 E-mail croxtonma?aol com September 22,2006 Rezoning request for Staff Marine City of Dania Beach This parcel owned by William B. Bigger III is being requested to be rezoned, to the new Marina Mile District(MAI), which was recently created, after a unanimous recommendation of the Planning and Zoning Board, by a unanimous vote of the City Commission. The property owner believes that city zoning, which does not permit previously permitted uses, devalued the property and has caused problems with lessees obtaining occupational licenses. The property, formally a gas station has been leased by the owner in past years to boat, car,truck and sales leasing companies. This relatively small parcel is surrounded on three sides by the properties owned by Joseph J. Rubano. We believe it should be grandfathered in for uses that are currently planned by Atlantic Truck Center until rezoning. The lessee plans to expand to the contiguous piece of property it currently leases, The new Marina Mile Zoning District is the appropriate use for this property and returns rights to the owner that he had under county zoning. Members of the Marina Mile 84 Association—including President William B. Bigger III —believe that properties that were previously county zoned were inadvertently harmed by the City's zoning change. After years of work with city staff,we were successful in creating the new Marina Mile Zoning District, which will now allow businesses that want to rezone to former legal uses to do so. It was represented to the P&Z board and the Commission that this property would be applying for zoning relief. These previous and current uses are in keeping with the Marine District along State Road 84 and are an economic benefit to the city. We appreciate the cooperation of staff and this effort. Respectfully submitted, SEP 2 2 2006 Margaret A Croxton Planning President, Margaret Croxton Enterprises Inc. Department Executive Director, Marina Mile Association Z11µP v' 4 2860 Marina Mile Blvd. Suite 117 Fort Lauderdale, Florida 33312 Telephone 95+791-9666 Facsimile 95+680-7801 March 17, 2006 Mr. Phillip S. Mass,President Atlantic Truck Center SEP 11 1006 2565 W State Road 84 Fort Lauderdale, Florida 33312 Planning RE; Lease Proposal—2541 Building department Dear Mr. Mass Please find illustrated below the general terms and conditions under which William B. Bigger, IIl. (Landlord)is willing to lease to your film the Building at 2541 State Road 84, Fort Lauderdale, Florida: 1 L PREMISES: A 2,000+/-Rentable sf Building on a 28,792 sf Site 2. USE OF PREMISES: Automotive/Truck Sales 3. TERM: Five(5)Years 4. ZONING C-3 City of Dania Beach(currently being re-zoned to C-5) 5. DEPOSIT: Upon execution of the lease for the premises, Tenant shall pre-pay to Landlord the first and last month's rent plus a security deposit equal to one month's rent. 6. NET RENT: $7,000.00 per Month NNN with annual increases 4%. 7 OPERATING EXPENSES: Estimated at 51144.60 per month. Actual budget to be provided with lease document. Operating Expenses shall be reconciled annually and adjusted accordingly. 8. ACCESS: Tenant shall have access to the premises 24 hours a day, 7 days a week. I 1 i 9. OCCUPANCY: September 15, 2006 10: OPTION: Landlord will have the option to cancel the lease with 3 months written notice anytime after the 1 A year of the lease These terms are binding upon both parties only upon frill execution of a lease document. We thank you for your interest in the 2541 Building. We would be most please to provide you with any additional information you may require. Upon acceptance by Tenant of these terms, a lease will be drafted for your review. Sincerely, q A% William B. Bigger, III, CCIM® Raymond D. Mansfield, CPM® CEO President ACKNOWLEDGED AND AGREED: TENANT: Atlantic Truck Center BY DATE CC: Les Stevens 2 1 Office or Detail S1$e 2541 State Road 84 Dania Beach, FL I LOADING ARIA, v`� 7 EXISTING Bl'lLDISG / f/ 46 SITE PLAN REST BOUND STATE ROAD 84 Access: '/o mile east to 1-95. 1-595 ro Port and Airport. West to Florida Turnpike and k' ��`J� Boca Raton western Broward County \\ Traffic Count: 36,000 ee Building Size: 2,430 SF lst -1,9g0 sf, 2nd fl_ ++ Land Size: 2 450 sf 8,791 SF, <03' rrorra�e x 150' depth Parking; 34 spaces - ; I -Zoning: / _ _Z g� B-3 Broward Coum: � Former Use: Gasstato - fuzl 01 t LF Koa; s audede Aug: a/s tanks removed 1983 and inspected by ; dk 9�lai .t Environmental Control 3oard i Hollywootl Commen Highly visible comer retail site located in the midst of Ft. Lauderdale Marna Mile surrounded by 4 hotels and nu- { L �Narth Mlamh`Beach, merous rnajcr marinas ,^ hi'�i},rovth — r�. western Broward Coanr a.t i 1 iY"x 11 n � I 1 1 y I K u m �y. 1 L I li � i a 1 }T O m D 1 ' O - _ a I III o � I 2 n r a O Map Page 1 of 1 i LORI PARRISH Bf�ON- AM �+-- COUNTY Al a i. , y • :1 1 1 m 1 i «PrY ,t� ! r M ,y r Y•JG .r-nJ a iiSy�+ n Ni �^ ^` 'l.• Y'y ®s,afi:.� 4 •p..^ r rFROr'>T� ,.`IM .�,ac�^ « m+ rf t + h M � 50220410010 Created on 10/13/2006 10:49:45 AM using ArcIMS 4.0.1./j Copyright 2003 Broward County Property Appraiser http://66.55.51.198/map_print.asp?folio=504220410010&folionum=&minX=926455.340... 10/13/2006 ( � NOTICE OF PUBLIC EACH N0 OF SUN - SE - MAIR NA MI ENIA REZONINGS NOTICE IS HEREBY GIVEN that a public hearing will PUBLISHED DAILY be held before the City Commission,on Tttesday�No- FORT LAUDERDALE BROWARD COUNTY, FLORIDA the Dania Beach CyCommisSonRoom.Cttyosry�ll,1 r r West Dania Beach Blvd.,Dania Beach,Florida 313101p0�0'��, BOCA RATON, PALM BEACH COUNTY, FLORIDA or me purpose of hearing any comments vmithmll(jM'' MIAMI MIAMI DADE COUNTY FLORIDA be made to-Req Request following: r r Commercial -Request for a Zoning map change yJo-' Commercialano to Marina Milecated district 2501 by Jo-' SephRoad 1. Rubano for property located at 2501 sNt0„• Road 84. STATE OF FLORIDA Exhibit A-Property is legally described as:5042-° 20-26-OG10-Th:Bonnie Plat,Plat Book 114,Page 40fi COUNTY ARD/PA EACH/MIAMI DADE Parcel A on0 o042 20-00-01 11 Parcel C a parcel oll Ian" in the West ono half(W7/2)of the East one-hblf. BEIF E T DERSI !�T 0 TY, PERSONALLY APPEARED (EJ/z) of the southwest one-quarter(SW7/4)Of a, northeast one quarter (NE1/4)of Section 20,T=l ship 50 South,Range 42 East Broward County,FM-' O; ON OATH, SAYS THAT da,more fully described as(allows:Beginning at the HE/SHE IS A DULY AUTHO ED REPRESENTATIVE OF THE CLASSIFIED point of Intersection formed by the East line of 12 said West one-half(Wl/2)of the East one-half(Ell 1 DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED of the southwest one-quaner (suit/4)of the NNtlh IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE east (NEE/4)of sect tot -quartera Road No.a4�thence n 3 ATTACHED COPY OF ADVERTISEMENT, BEING A: erly along the said east line a distance of 2ao thence southwesterly parallel to tie saitl norib of-way line making an included angle of 75 ; NOTICE OF PUBLIC HEARING 52"a distance of 90 feet:thence southerly pare lfo, the said east line,making an included angle oL1 40i 08 a distance of 206 feet to a point on the said pOfth, IN THE MATTER OF: right-of-way line of state Rt No.84;thence nortI easterly along said right-of-way line a distance of 90a feet to the point of beginning.Broward County,Florio MARINA MILE REZONINGS daRz-65-06-Request for a zoning map change Moll, Industrial Research Office Marine (IROM) to Marine, IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE Mile(MA-1)district,by Joseph J.Rubano for propertyilocated at 2555 and 2565 State Road 84. s, ISSUES OF: Exhibit A-Property is legally described u:5bl;:j 20-42-0010; 0020 and 0030 - The R.P.M. Plat,P* Book 149,Page 35,Parcel'A',Parcel IS' and Parogll 11/17 13062646 C'. Said lands situate, lying and being in arowgrp, County,Florida. -- RZ-66-06-Request for a zoning map Changefriibp AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Industrial Research Office Marine (IRON) o Mly,le, Mile stria district,by John A.verknine (I,for) o MarkpH PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, sated at 2200 state Road 84, nadB Exhibit A-Property is legally described as:abo0��jJ AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY 20 02-0410-A portion of Tract 16.seaboard Farnq,,I PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, according to the plat thereof,recorded in plat book; 18,page 22,of the public records of Broward Co".1 EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Florida, more particularly described as follows:qa-i POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ginning atthe southwest corner of the Intersection of, the south right-of-way line of state Road 84,and QV! FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF west right-of-way line of Ravenswood Road and.ri ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT way line of Ravenlswood Road y direction la distance ong the eof st ehuin-j HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR dred forty feet(140')to a point;thence in a wettertyi CORPORATI ,ANY DISCOUNT, REBATE, COMNSSION, OR REFUND, FOR THE direction a distance of one hundred fifty feet(1501 to a point;thence in a northerly direction a distancel PURPO URING RADVERT SEMENT FOR PUBLICATION IN SAID of one hundred forty feet(140') to a paint qn dial south right-of-way line of State Road 84;thence In a s; NEW AP easterly direction along the south right-Of is Ilrlaat State Road 84 a distance if one-hundretl fl feet; (150')to the paint of beginning.Less that Par on ly„ ing within the State Road 84 right-of-way as described in official record book 13665.Page 300,of the public' (SIGNATURE OF AFFIANT) records of Broward County,Florida. •' RZ-67 06-Request for a Zoning map change from Commercial(C-3) to Marina Mile(MA-1)district,by. SWORN TO AND SUBSCRIBED BEFORE ME William B.Bigger In,for property located at 2501 state ON: 17-November-20 6 A.D. Road 84. T. Exhibit A-Property is legally described as:5042-: 20-41-0010-Tract A,of Staff Marine Plat as recordad- in plat book 148 at page 27 in the public records of Broward County,Florida.Said lands situate.lyiriyand. being in Broward County,Florida. r i; Copies of the proposed rezoning requests are a9Ml-' able for viewing in the Community Development oe-. Z�epY oleo Idella . Johnson partment, 100 West Dania Beach Blvd.,Dania Beach; Florida between the hours of 8:00 a.m.and 4:00 p.m.;. t +Commission 4 OD3265O8 Monday-Friday please call(954)924-3645 for more information.'Interested parties may appear at the e .pp0 Expires June 6, 2008 public hearing and be heard with respect to the pro- MrW pen4s4 boy FUn.Moum,K•.�'. 'A-WS1o19 posed petition.In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any Of these proceedings should con- (NAME OF NOTARY,TYPED, PRINTED, STAMPED) tact Louise stilson, City clerk. 100 W. Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3622,at least. 48 hours prior to meeting. PERSONALLY KNOWN OR Any person who decides to appeal any decision' made by the Planning and zoning Advisory Board or ,the City Commission with regard to any matter con-' PRODUCED IDENTIFICATION isidered at this meeting or hearing will need a record.. of the proceedings and for such purpose may need t0 ,ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to based. Lou Ann Cunningham Planning Associate November 17.2006 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH MARINA MILE REZONINGS NOTICE IS HEREBY GIVEN that a pubic hearing will be held before the City Commission, on Tuesday, November 28, 2006, or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: RZ-64-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2501 State Road 84. Exhibit A - Property is legally described as: 5042-20-26-0010 - The Bonnie Plat, Plat Book 114, Page 40, Parcel `A' and 5042-20-00-0111 - Parcel "C" a parcel of land in the west one-half (W I/2) of the East one-half (E 1/2) of the southwest one-quarter (SW 1/4) of the northeast one-quarter (NE 1/4) of Section 20, Township 50 South, Range 42 East Broward County, Florida, more fully described as follows: Beginning at the point of intersection formed by the East line of the said West one-half (W 1/2) of the East one-half (E 1/2 ) of the southwest one-quarter (SW 1/4) of the Northeast one —quarter (NE 1/4) of Section 20 and the north right-of-way line of State Road No. 84; thence northerly along the said east line a distance of 200 feet; thence southwesterly parallel to the said north right-of-way line making an included angle of 75' 92' 52" a distance of 90 feet; thence southerly parallel to the said east line, making an included angle of 104 30 08 a distance of 200 feet to a point on the said north right-of-way line of state Road No. 84; thence northeasterly along said right-of-way line a distance of 90 feet to the point of beginning. Broward County, Florida. RZ-65-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2555 and 2565 State Road 84. Exhibit A - Property is legally described as: 5042-20-42-0010; 0020 and 0030 — The R.P.M. Plat, Plat Book 149, Page 35, Parcel `A', Parcel `B' and Parcel 'C'. Said lands situate, lying and being in Broward County, Florida. RZ-66-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile(MA-t) district, by John A. Verkey, for property located at 2200 State Road 84. Exhibit A — Property is legally described as: 5042-20-02-0410 — A portion of Tract 16, "Seaboard Farms", according to the plat thereof, recorded in plat book 18, page 22, of the public records of Broward County, Florida, more particularly described as follows: Beginning at the southwest corner of the intersection of the south right-of-way line of State Road 84, and the west right-of-way line of Ravenswood Road and running in a southerly direction along the west right-of-way line of Ravenswood Road, a distance of one hundred forty feet (140') to a point; thence in a westerly direction, a distance of one hundred fifty feet (150') to a point ; thence in a northerly direction a distance of one hundred forty feet (140') to a point on the south right-of-way line of State Road 84; thence in an easterly direction along the south right-of-way line of State Road 84 a distance of one- hundred fifty feet (150') to the point of beginning. Less that portion lying within the State Road 84 right-of-way as described in official record book 13665, Page 300, of the public records of Broward County, Florida. RZ-67-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (VIA-1) district, by William B. Bigger III,for property located at 2501 State Road 84. Exhibit A — Property is legally described as: 5042-20-41-0010 — Tract 'A', of Staff Marine Plat as recorded in plat book 148 at page 27 in the public records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. Copies of the proposed rezoning requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: November 17, 2006 PUBLIC HEARING NOTICE MAP 2006 MARINA MILE PROPERTY REZONING -- Legend Proposed Rezoning Sites S-2 RZ-65-06 RZ-64-06 �IROM R -66-06-- _ C.3 C 2 _I RZ-67-06 LU IROM I-G IROM' I d StatO(koadB , I C 3 Cd - rY N 0 N IROM I wl r lTfi. R-1 C 3 > — T C 3. 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Maxoomaz - Jw _ 0 ¢ QQ M 0 0 z QOf0m - mw m mMF- LL � mmU3000m -� Umm NfnZ < CO co fl� (n U V 00 , M 0 0 0 N vLn oN 00000 OOOO OOOo0 (0 m _O O NM N 00000 N LO LO CD , M N Ul N . . 0 , -q V v V' v �{ V 00 , ,'� 000 0 0 00 a m m IL 99999991 . 999 . 199999999999999 1 O O O O O O N N N N N N N N ZEU 0000000000000o009990 - - - NMY4Y COMMy 000000O000000000000000000000 0 On m N N N N N N N N N N N N N N N N N N N N N N N N N N N N v cZYgYVIIIIT 04 IfINITIITY4IfITITYYIIT417ITIIT117 co omLLoo000000000oo000oo000000000o m U .- OQmm0 � mN � UNU � 0U � U0UUUu� inv� uo �nU � u� Ln N Map Page 1 of I LORI PARRISH = ' • BER' ,WAR D r iti- COUNTY ' r f 1 q S S S wA J ,y ..fi� ...asm... - L FppN'.X:E F❑ f7P1'�- a vat f r s N mw f AL, • P yf y 1 � r - ' p E� s56 50220020410 Cleated on 10/10/2006 1 58.19 PM using ArcIMS 4.0.1.©Copyright 2003 Broward County Properly Appraiser • http://66.55.51.198/map_print.asp?folio=504220020410&folionum=&minX=927623.798... 10/10/2006 ® CITY OF DANIA BEACH Agenda Item # / • Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ ' Adopt Ordinance (2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: Requested:AMICA , '(tlenfit a ppropdate'Actron o rMo` n) , ' "' ROM ORDINANCE NO.2006-035 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOHN A VERKEY(RZ-66-061,FOR PROPERTY LOCATED AT 22M STATE ROAD 04,IN THE CITY OF DANIA BEACH,FLORIDA.WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM ROM(INDUSTRIAL RESEARCH OFFICE MARINE),TO MA-1(MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why�AcYionvis�htecessary , y . Wliat;Action Acco �pushes : � �. � �: Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ =9urnmaryExplanationlBackground x RZ-66-06: The applicant, Margaret Croxton, on behalf of John Verkey, is requesting a change in zoning from Industrial-Research-Office-Marine (IROM)to Marina Mile (MA-1)zoning for the property located at 2200 State Road 84. (Second Reading) FisaatN Impact)Cost Summary .Exhibits Attached ` Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures , ' � Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOHN A VERKEY (RZ-66-06), FOR PROPERTY LOCATED AT 2200 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the rezoning request filed by John Verkey, for property located at 2201 State Road 84, within the City of Dania Beach, Florida, is granted and the parcel, as described in Exhibit "A", a copy of which is attached to this Ordinance, is rezoned from the "IROM" zoning classification to the "MA-l" zoning classification. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on November 14, 2006. PASSED and ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-035 EXHIBIT "A" LEGAL DESCRIPTION 5042-20-02-0410 —A portion of Tract 16, "Seaboard Farms", according to the plat thereof, recorded in plat book 18, page 22, of the public records of Broward County, Florida, more particularly described as follows: Beginning at the southwest corner of the intersection of the south right-of-way line of State Road 84, and the west right-of-way line of Ravenswood Road and running in a southerly direction along the west right-of-way line of Ravenswood Road, a distance of one hundred forty feet (140) to a point; thence in a westerly direction, a distance of one hundred fifty feet (150) to a point ; thence in a northerly direction a distance of one hundred forty feet (140') to a point on the south right-of-way line of State Road 84; thence in an easterly direction along the south right-of-way line of State Road 84 a distance of one-hundred fifty feet (150) to the point of beginning. Less that portion lying within the State Road 84 right-of-way as described in official record book 13665, Page 300; of the public records of Broward County, Florida. 3 ORDINANCE#2006-035 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner Louis Mercado, Planner SUBJECT: RZ-66-06: The applicant, Margaret Croxton, on behalf of John Verkey, is requesting a change in zoning from Industrial-Research-Office-Marine (IROM) to Marina Mile (MA-1) zoning for the property located at 2200 State Road 84. (Second Reading) REZONING: To change the zoning from Industrial-Research-Office- Marine (IROM) to Marina Mile (MA-1). PROPERTY INFORMATION: ZONING: Industrial-Research-Office-Marine (IROM) LAND USE DESIGNATION: Industrial REZONING: The applicant, Margaret Croxton, on behalf of John Verkey, is requesting a change in zoning from Industrial-Research-Office-Marine (IROM) to Marina Mile (MA-1) zoning for the property located at 2200 State Road 84. The property is located at the SW corner of State Road 84 and Ravenswood Road west of 1-95. The proposed use at this location under the new MA-1 zoning will enable First Marine, the lessee of the property to import, trade, and sell late model boats. CITY COMMISSION PREVIOUS ACTION: On November 14, 2006 the City Commission recommended approval on First Reading. PLANNING AND ZONING BOARD RECOMMENDATION: On October 18, 2006 the P&Z Board recommended approval. LL/CC/LM City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (934)924-3643 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation RequestRezoning �I7 n ❑ SiftPlan Y �LJ Date Reed. ❑ SPedal Exception ❑ special Request SEP 2 2 2006 Petition No.: ❑ Trafflcway Waiver ❑ Variance Plannin❑ Vacation Request 9 ❑ other: Department 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"checkllst to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your appl or permit from the City's Building Department. ication, As always, the applicant their authorized legal agent must be present at all meetings. All projects must also obtain a building Location Address: • 2,i20 e2 -Sr Q,6 Logs): Block; subdivision: Recorded Plat Name; $EAR¢Qn 25`J M Folio Number(s):/0 JL)-0 0 ;L 0 %0 0 Legal Description: /S 2 (j Ole- 4 T- /y o c:o,e o,4 -zWPW" z 2 . ..a `' ESQ . � F4fti 7J v`r' C.A �;y•CIS Jti� ti• 1; ••• J - / Applica Consults Legal Representative(circle one) L'-11 l-/�aX rN Address of Applicant: / '— �'•� i3 3 , Business Telephone: '/� p ome: Fax: ` Name of Property Owner: /f 4i/ Address of Property Owner: 300 i, S E�0(1 S'GcI �1 it 'ry Business Telephone�Y�S Home:aj S'4 yC j�el Fax: Explanation of Request: /o Z)AJ-'E c-l/I1,9I) Prop. Net Acreage: Gross Acreage: Prop. Square Footage: f 3�3 �h Existing Use:&'dr 5'•/l E5 f-S% 6% posed use: S /i7I is property own lndivi� dual y by a corporation, or a joint venture? Z*Ald, CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a du ('f thoriz have authorized (npplim epresentative) to make and file a d application. Swom to and subscribed before me Corporation Name: Thls l—L day of 20g!,ir Al r/ U Signature: v Date: Print Narne) nn f Name P/`�t s ry Publk (Print Title) State of( TtE ' .� s,f.f/ Tiij6o x ,,?600 < `%Print Name of Notary treat Address, Oty,State and Zip Code Eia+cState orFro,w JJon A San My Con"wion ODS07MB Ti ne No. at Fax No, Expies01/17/2010 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly audwized persons are the owners of subject lands described above rid Nt all Dartners�have authorized (Apdka `td{� to make and Ale the a�apple) Sworn to and subsoibed before me This—,J-L day of_ 20 O,� Signature[�l f 6 0 Ud L Date:X_ 9 — 21 — 0 6 (Print Name)** gn Name f ry Ic State of(lrlo,Pf;:114 f ) T "✓ ole, n ar e o f liapyelro State of Florida Street Address Gty, State and Zip Code Jose A Santiago P�7 rk C In r5ocbt8� 0 seonDDS01888 X ��7/_ �gI/ efephone No. at Fax No. **Each partner must sign. Attach duplicate sheets as required, I undergtand that site plan and variance approval automatically expires within 12 m th bf C ty Coq�mission approval, pursuant to Ordinance No. 2005.040. p cant/Owner ature rind t Name Date APPLICANT, C ULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/ Itan `,�,� tative: This day Of—L"�20 O ` 7 Signature: , / J �G �-- Date:— 9 D �d n Name of ota k 'Q of(�•Z s le r lj (Print Name State Paint Name of Notary sweet Address, aty, 5tate and Zip Code C on Notary Public State of Florida c'Sy /Seb 95'f f2 yi2zc� a amofa�D0D50788E Telephone No. d Fax No. INDIVIDUAL WNER NOTARIZED SIGNATURE.- This Is to certify that I the fee simple owner of subject lands escri ed abo a and that I have authorized (Apple ant( Ilan epmsentadve) make and flle the afor (cation. �� �� H 1 to Sloan to and subsaiPed before me This_�day of 20 0 Owner: �i < Signature: ,sin Name of No a u lic /�'�/ ' V� JL State of(fGe et4e f) (Print Name) iU Print Name of Notary Street Address, City, State and Zip Code Commission Expires: X 9?�_ J Seal: 7 ( � S �-� �7 �1�e - elephone No. at Fax No. �y*w Notary Public State of Florida lose A Santiago my a n�F zpuve0V171 on �7888 1010 MROARET CROXT®W fR1MpRW8j INC. 1315 S Mlami Road NF Fort Lauderdale,FL 33316 Phone(954)494-1900 Fax(954)524-1220 E-mail croxtomnald nol com September 22, 2006 Rezoning request for Seaboard Farms Plat City of Dania Beach This property is owned by John(Jay)AVerkey who also owns Lauderdale Speedometer and Compass in Fort Lauderdale. Jay purchased this former gas station and it has been leased since January 2006 to Hector Raul Garcia owner of First Marine. The lessee imports and sells new boats,takes in boats on trade, and services them for resale. He has been unable to obtain an occupational license and worse,the owner has been sited for a zoning violation. While we believe this property should be grandfathered in as it has always been used for like purposes as Angler's Marine and Broward Trailer(which abut this property)we are requesting it be rezoned to the new Marina Mile District (MAI), which was recently created, (after a unanimous recommendation of the Planning and Zoning Board)by a unanimous vote of the City Commission. The property owner believes that city zoning,which does not permit previously permitted uses, devalued the property and has caused problems with lessees obtaining occupational licenses. The new Marina Mile Zoning District is the appropriate use for this property and returns rights to the owner that he had under county zoning. Members of the Marina Mile 84 Association including Board Member Jay Verkey— believe that properties that were previously county zoned were inadvertently harmed by the City's zoning change. After years of work with city st4 we were successful in creating the new Marina Mile Zoning District, which will now allow businesses that want to rezone to former legal uses to do so. It was represented to the P&Z board and the Commission that this property would be applying for zoning relief. These previous and current uses are in keeping with the Marine District along State Road 84 and are an economic benefit to the city. We appreciate the cooperation of staff and this effort. Respectfully submitted, Margaret A Croxton President, Margaret Croxton Enterprises Inc. Executive Director, Marina Mile Association Lauderdale Speedometer Inc. 300 Marina Mile Blvd. Fort Lauderdale, F1.33315 aII���aD 954-522-4885 954-522-2133 SEP 2 2 2006 Planning Department City of Dania Beach: September 15, 2006 Regarding: Case #06-00001079 First Marine has been a tenant of mine for a number of months and is a professional in the marine business. The tenant keeps the property clean and pays rent on time, he is a great tenant. First Marine imports and sells new boats, and also takes boats in on trade and needs to be able to service new and used boats so he can resell them. With this particular zoning he says he is not allowed to sell used boats. He is a Marine Business on Marina Mile. He has missed opportunities for boat dealerships because of not being able to get an occupational license. We are looking for a occupational license for boat sales and service. S' c ly,I hn Verkey v i119' 3111 -3 ' I This property described as: A portion of Tract. 16 , "SEABOARD FARMS" ; according to 'the Plat thereof, recorded in Plat Book 18 , Page 22 , of the Public Records Of Broward County, Florida, more particularly described as follows: Beginning at the Southwest corner of the intersection of the South right-of,-way line of State Road 84 , and the West right-of-way line of Ravenswood Road and running in a Southerly direction along. the West right-of-way line of Ravenswood Road, a distance of one hundred' forty feet 11400 ) to a point;' thence in a Westerly direction, a distance of . one hundred fifty feet (150) , to a point; thence in a Northerly direction a distance of one hundred 'forty feet (140 ' ) feet to a point on the South right-of-way line of State Road 84; thence in an Easterly direction along the South right-of-way line of State Road 84 a .distance of-one-hundred fifty feet (1501 ) to the Point of Beginning.' Less that portion lying within the State Road 84 right-of-way as described in Official Record Book 13665 , Page 300, of the Public Records of Broward County, Florida. I T•'1 n. LEASE AGREEMENT THIS LEASE_ .AGREEMENT, entered into this — _day of ?,R�/ .2006 between l Q _ 26A3� hereinafter called tha "LESSOR", and F/47 InIR/iti/d; hereinafter called the"LESSEE". .- 1. LEASED PREMISES WITNESSETH, That the Lessor hereby leases to the Lessee and the Lessee hires and takes from the Lessor, the following described premises located at 2200 State Road 84, Fo Lauderdale,Florida 33312. rt 2. TERM Lessor hereby leases to Lessee the subject premises described above on a S basis commencing�,4/�J �oo� all upon the conditions and covenants set forth below. 3. RED Lessee shall pay to Lessor the sum of 3yS00 per month plus applicable Florida sales tax as rent payable in monthly installments in advance of the first day of each and every month of the term of this lease. Said rental shall be mailed to the address of Landlord set forth herein or at such other place as Lessor may designate in writing. Upon execution of this lease by all parties,Lessee shall deposit the following sums with Lessor: First Months Rent---—�,OOre---- Florida Sales Tax(6%)--- _- s�. Security Deposit------Sf—�OQ-s-------- Total----------- j C_1 - -- 4. USE The leased premises, while they are in the possession of Lessee shall be occupied and used as a—&Jg ��Q�,Ef The use of the premises may be changed or modified with the written consent of Lessor which consent shall 5. REPAIRS&MAIN'TENANCEMUPLE NET LEASE �O 2 �¢ni� I /e�scv�r, I Except as specifically provided herein, this lease is a "Net/Net/Net Lease". As more particularly set forth hereafter Lessee shall be responsible for the following including, the cost thereof: I I r CITY OF DANIA BE�.,H Community Development Occupational License Division April 05, 2008 FIRST MARINE INC Attn: HECTOR RAUL GARCIA 2500 PARK VIEW DRIVE 607 HALLANDALE BEACH FL 33009-2808 Dear Sir/Madam: This form letter Is sent to you for the following reason(s) listed below: Please see other comments below Other Comments: Your application for an Occupational License has been denied. Please contact the Community Development Division at 954-924.3645 should you have further questions. The request stated above is due by Sincerely, Awe ' • Mimi Cora Occupational License Coordinator City of Dania Beach /" r 00014 D6 Certificate of Re istration R OR1/De Issued Pursuant to Chapter 212, Florida Statutes 01/31/0E N ARTMENT Of REVENUE ' 18-8013489146-1 01/27/06 02/15/06 MONTHLY Certificate Number Registration Effective Date Opening Date Filing Frequency This aMfNe that FIRST MARINE, INC. 2200 W STATE ROAD 84 FORT LAUDERDALE FL 33312-4838 has met the sales and use tax registration requirements for the business location stated above and is authorized to collect and remit tax as required by Florida law. This certificate Is nontransferable. POST THIS CERTIFICATE IN A CONSPICUOUS PLACE t IS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION (DETACH AND POST IN A CONSPICUOUS PLACE) REFER TO THE SACK OF THIS SECTION FOR SPECIFIC INFORMATION REGARDING YOUR COUNTY'S TAX RATES. THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TAX Note: New dealers who register after mid-October are Issued annual resale certificates that expire on December 31 of the following year. These certificates are valid immediately. OR-I IR,R. 10105 2006 Florida Annual Resale Certificate for Sales Tax DR-13 R.01/OB ON THIS CERTIFICATE EXPIRES ON DECEMBER 31, 2008 Businesa Name and LocaflanAddress Registration Effective Date Certificate Number FIRST MARINE, INC. 01/27/06 16-8013489146-1 2200 W STATE ROAD 84 FORT LAUDERDALE FL 33312-4838 This Is to cerlify that all tangible personal property purchased or rented,real property rented,or services purchased on or after the above Registration Effeetlw Date by the above business are being purchased or rented for one of the following purposes: • Resale as WNW personal properly. . Re-rental as real pfopsry. . Incorporation as a material,ingredlent,or oompo. • gAle personal property. • Incorporation Into and sale as part of the repair of nent part of tangible personal property that is being • Resale of Services. langlols personal property by a repair dealer. produced for sale by manufacturing.compounding. • Re-rental as transient rental property, or processing. This certigicete cannel be reassigned or transferred. This certificate can only be used by the active dealer or its authorized employees. Misuse of this Annual Resale Certificate wig subject the user to penalties as provided by law. Use signed photocopy for resale purposes. Presented to: Presented by. flnfM cam.nl unrmew,,,...,., ,.,.,., I '>''�i� �;1;:M,./1L l ' •ti t5 `.�. _ / i r` d'•:► r �4fr'. '� �° � �'� T+\.Y�r'°•TMr . ��*( 'P `�1 rt��fi��������r"""��lf.�jlri i'�7' � ,� 1 • r 1M( i 1 � •71�;�7({,� 1 \Y 1•l �,� a• h 1 ti . 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' : 1 1 11• • NOTICE OF PUBLIC NEARING BEACH SUN- SENTINEL MAIRINA TY MI ENIA REZONINGS Cl NOTICE IS HEREBY GIVEN that a public hearing will PUBLISHED DAILY be ember zs z006 or as soon hereafter as ssibl;In- FORT LAUDERDALE, BROWARD COUNTY, FLORIDA the Dania Beach City Commission Room,City lialti100' West Dania Beach Blvd.,Dania Beach,Florida 33094 BOCA RATON, PALM BEACH COUNTY, FLORIDA for the purpose of hearing any comments Which migtill MIAMI MIAMI DADE COUNTY, FLORIDA be made to thefoilowing: � < r RZ-64-06-Request for a Zoning an change from', Commercial(C-3)to Marina Mile(Ml district;by JO-;, aeon J. Rubano for property located at 2501.'State Road 84. ' 1.1• y-. STATE OF FLORIDA Exhibit A-Property is legally described ar;5042 COUNTY ARD/PA EACH/MIAMI DADE ParcP-OA i and Oat 20 ie -0111Flats ook 114,Paceloii 0 0111 -Parcel C a porter Ofl law' in the West ono-half(W112)of the East onefi 01'I BEF E T DERSI �1T O Ty' PERSONALLY APPEARED E1/2) of the southwest one-quarter (SWi/41 Of the; northeast one-quarter (NEi/4)of Section 20, To ll=1 ship 50 South,Range 42 East Broward COunty,'FIOrI- O, ON OATH, SAYS THAT da. more fully described as follows:Beginning at Nei HE/SHE IS A DULY AUTH0 ED REPRESENTATIVE OF THE CLASSIFIED point of intersection formed by the East line of the said West one-half(W 1/2)of the East one-half JE7/211 DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED of the southwest one-quarter(SW1/4)of the:North INBRDWARD/PALM BEACH/MIAMIDADE COUNTY, FLORIDA, AND THAT THE east one-quarter(NEl/4)of t of-way line of state Road doo. 20and thence enorth' bj ATTACHED COPY OF ADVERTISEMENT, BEING A: henalte saidast line a distance of 200 fail) southwesterly parallel to the said north"right of-way line making an included angle of 75 geg.92." NOTICE OF PUBLIC HEARING 52"a distance of 90 feet;thence seat nerly parallel tol the said east line,making an included angle of,10430 08 a distance of 200 feet to a point on the said)north; IN THE MATTER OF: right-of-way line of state Road No.84;thence;north''-� easterly along said right-of-way line a distance'oR901 feet to the point of beginning.Broward Coun ,Flori MARINA MILE REZONINGS da. RZ-65-06-Request for a zoning map change.from. Industrial Research office Marine (IROM) to Marine, Mile(MA IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE located at 2555 and 2565 sta eJ Road 84 Rubano for Property; ..,a,S(iI2; ISSUES OF: Exhibit A-Property is legally described a5 t-Pla , Book-0010;149,P ge 3 and el' - The R.P.M.and P Pletf Book 149,Page 3 it ate,Parcel'A',Parcel'B' n B Parcelj 11117 13062848 'D'. Said lands situate, lying and being in Browaftl, County,Florida. ral RZ-66-O6-Request for a Zoning map change ir0O1;_ AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER industrial Research office Marine (IROM) tolMarmef Mlle(MA-11 district,by John A.Verkey,for property.lo= PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, cared at2200 state Road 84.AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY 20 02 ibit -A p0 tlon lofiT act 16,Se board Fe rr 11 PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, according to the plat thereof, recorded in plat;boukj 18,page 22,of the public records of Broward CoU EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Florida, more particularly described as follows::Be-i POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ginning atthesouthwest corner of the intersectlonbt; the south right-of-way line of State Road 84,andtjtet FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF west right-of-way line of Ravenswood Road and it ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT y southerly direction log the wsf rehw neofRavewood Road, distancehun=i HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON,FIRM, OR dyed forty feet(140')to a point;thence in a westell CORPORATI , ANY DISCOUNT, REBATE, COMUSSION, OR REFUND, FOR THEtoa pion a distance of one hundred(iffy feet(1501f), anc direction point;thence in o northerly direction a et CBi PURPO URING T ADVERT SEMENT FOR PUBLICATION IN SAID of one hundred forty feet (140') to a point gnithel south right of way line of state Road 84;thence in'arci NEW AP easterly direction along the south right-of-way line.pfj state Road 84 a distance of one-hundred flftyty,.feet; (150')to the point of beginning.less that port(oIt ly-.i ing within the State Road 84 right-of-way as described) (SIGNATURE OF AFFIANT) in official record book 13665,Page 300,of the public: records of Broward County,Florida. RZ-67-06-request for a Zoning map change..from SWORN TO AND SUBSCRIBED BEFORE ME commercial m BBigger m,oforr properarina tyllocated at P501 State ON: 17-November-20 6 A.D. Road 84. ;f in Exhibit A-Property is legally described as 5042 ) 20-41-0010-Traci A,of Staff Marine Plat as recordtil in plat book 148 at page 27 in the public records of; Froward County,Florida.Said lands situate lying and: being in Broward County Florida. yt', Copies of the proposed rezoning requests are avail-i able for viewing in the Community Development De=: I"" Poe ideila Johnson partment, lo0 West Dania Beach Blvd.,Dania Beal O Florida between the hours of 8'.00 a.in.and 4:00 p.m;;; Commission#D0326508 Monday-Friday please call(954)924-3645 for more o" Expires June 6 ?008 information. Interested parties may appear at-the: ,p public hearing and be heard with respect to the pro - tY W' p4ry4Tmy Feinmeurcm., 'UdaS7018 posed pebtion.ln accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should con- (NAME OF NOTARY,TYPED, PRINTED, STAMPED) tact Louise Sbison, City Clerk, 100 W. Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3622,at least. 48 hours prior to meeting. PERSONALLY KNOWN OR Any person who decides to appeal any decislonq made by the Planning and Zoning Advisory Board or. ,the City Commission with regard to any matter'conl; PRODUCED IDENTIFICATION Isundered at this meeting or hearing will need a record) of the proceedings and for such purpose may need to ,ensure that a verbatim record of the proceedings Is; made, which record includes me testimony and evi- Bence upon which the appeal is to based. Lou Ann Cunningham Planning Associate November 17,2006 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH MARINA MILE REZONINGS NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, November 28, 2006, or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: RZ-64-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2501 State Road 84. Exhibit A - Property is legally described as: 5042-20-26-0010 - The Bonnie Plat, Plat Book 114, Page 40, Parcel 'A' and 5042-20-00-0111 - Parcel "C" a parcel of land in the west one-half (W 1/2) of the East one-half (E '/2) of the southwest one-quarter (SW '/4) of the northeast one-quarter (NE '/4) of Section 20, Township 50 South, Range 42 East Broward County, Florida, more fully described as follows: Beginning at the point of intersection formed by the East line of the said West one-half (W 1/2) of the East one-half (E t/2 ) of the southwest one-quarter (SW '/4) of the Northeast one —quarter (NE '/4) of Section 20 and the north right-of-way line of State Road No. 84; thence northerly along the said east line a distance of 200 feet; thence southwesterly parallel to the said north right-of-way line making an included angle of 75° 92' 52" a distance of 90 feet; thence southerly parallel to the said east line, making an included angle of 104 30 08 a distance of 200 feet to a point on the said north right-of-way line of state Road No. 84; thence northeasterly along said right-of-way line a distance of 90 feet to the point of beginning. Broward County, Florida. RZ-65-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2555 and 2565 State Road 84. Exhibit A - Property is legally described as: 5042-20-42-0010; 0020 and 0030 — The R.P.M. Plat, Plat Book 149, Page 35, Parcel 'A', Parcel 'B' and Parcel 'C'. Said lands situate, lying and being in Broward County, Florida. RZ-66-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile (MA-1) district, by John A. Verkey, for property located at 2200 State Road 84. Exhibit A — Property is legally described as: 5042-20-02-04t0 — A portion of Tract 16, "Seaboard Farms", according to the plat thereof, recorded in plat book 18, page 22, of the public records of Broward County, Florida, more particularly described as follows: Beginning at the Southwest corner of the intersection of the south right-of-way line of State Road 84, and the west right-of-way line of Ravenswood Road and running in a southerly direction along the west right-of-way line of Ravenswood Road, a distance of one hundred forty feet (140') to a point; thence in a westerly direction, a distance of one hundred fifty feet (150') to a point ; thence in a northerly direction a distance of one hundred forty feet (140') to a point on the south right-of-way line of State Road 84; thence in an easterly direction along the south right-of-way line of State Road 84 a distance of one- hundred fifty feet (150') to the point of beginning. Less that portion lying within the State Road 84 right-of-way as described in official record book 13665, Page 300, of the public records of Broward County, Florida. RZ-67-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by William B. Bigger III, for property located at 2501 State Road 84. Exhibit A — Property is legally described as: 5042-20-41-0010 — Tract `A', of Staff Marine Plat as recorded in plat book 148 at page 27 in the public records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. Copies of the proposed rezoning requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: November 17, 2006 PUBLIC HEARING NOTICE MAP 2006 MARINA MILE PROPERTY REZONING _ Legend Proposed Rezoning Sites S-2 RZ-65-06 `\ RZ-64-06 ;IROM ' R -66-06 C-2 --. 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O m Y U w ZCL a 0 U p O D U U Y w O 3 p W 9 O z w � R p x a M O vLn > o F a � p ¢ Q mC xx2 > m p =wQ mF-V ga 2O CD J0 � �i00Wrn — J] p� pw0z OrJOKj mI) < WoomoJW —O00amoo =— < x0 a w L U m O 'C O O M O O O N 7 Ln O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O . . .. 0N00000 TOO (O a 0 a0 CD 0 CD 0 CD N m LL 999999 o. .0 .o 9999999999999999999 E 0 00 0 0 o ' cU o000000000000oo — - — N M gy' v M M m o000000000000000000000000000 0 00 in N N N C V N N N N C V N N N N N N N N N N N N N N N N N N N 0 oN00000000000000000000000Noo p p (Cp x o 0 o 0 0 0 o 0 0 0 0 0 0 o o o 0 0 o 0 o o 0 0 o o o o co U1pQ Lora 0 Lo 0 0 0 0 Lo 0 Lo Ln Loin Ln 0 to 000 ro N ro ro ro M 0 ro co Map Page I of 1 LORI PARRISH � �� : R', ,WARD A— COUNTY • r' ti [ 11 M! 94j, Y C�y�j , �� i i�il�(9G v • � 5 `� r 'l _�,�/ �' ,-vd„z• "' � [ERA r �u 4 s �'i, ■ � .,a*ng.'�'�" F `:C` t`: 3' 'gam # ! _ 504220410010 Creatod on 1011312006 1 0:49 45 AM using Arc[MS 4.0-1.Cc,Copyright 2003 Browato County Property Appraisei http://66.5 5.51.198/map_pri nt.asp?folio=5 0422041001 0&fol ionum=&minX=92645 5.340... 10/13/2606 CITY OF DANIA BEACH Agenda Item # s Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: E2equesfed*Action ',(IdenFliy,�appropr+ate'tRctoh,or o b ) f ORDINANCE NO.2006-036 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J.RUBANO (RZ-64-06),FOR PROPERTY LOCATED AT 2501 STATE ROAD 84,IN THE CITY OF DANIA BEACH,FLORIDA,WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT-A-,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3(COMMERCIAL),TO MA-1 (MARINA MILE),SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why Actori'rs Necessary , tNhat Action�lccomplis�es. r Purchasing-Requests ONL'�Y " = ",r * .: # „� d Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Baglcgt'ound "''� m -s. ' 3- RZ-64-06: The applicant, Margaret Croxton, on behalf of the property owner Joseph Rubano, is requesting a change the zoning from Commercial (C-3)to Marina Mile (MA-1)zoning for the property located at 2501 State Road 84 (SECOND READING). �isoaSlni�ra , Cvst�Su�ima�y t .;,r ;�. -rd :Exhibits Pittactied' � P Ordinances Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Aufho'rized Signature,`s F � ' Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-64- 06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Joseph J. Rubano, for property located at 2501 State Road 84, within the City of Dania Beach, Florida, is granted and the parcel, as described in Exhibit "A", a copy of which is attached to this Ordinance, is rezoned from the "C- 3" zoning classification to the "MA-I" zoning classification. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on November 14, 2006. PASSED and ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-036 EXHIBIT "A" LEGAL DESCRIPTION 5042-20-26-0010 -The Bonnie Plat, Plat Book 114, Page 40, Parcel 'A' and 5042-20-00-0111 - Parcel "C" a parcel of land in the west one-half(W1/2) of the East one- half (E ''/z) of the southwest one-quarter (SW '/4) of the northeast one-quarter (NE '/) of Section 20, Township 50 South, Range 42 East Broward County, Florida, more fully described as follows: Beginning at the point of intersection formed by the East line of the said West one-half(W '/2) of the East one-half(E 1/2 ) of the southwest one-quarter (SW '/4) of the Northeast one —quarter (NE '/4) of Section 20 and the north right-of-way line of State Road No. 84; thence northerly along the said east line a distance of 200 feet; thence southwesterly parallel to the said north right-of-way line making an included angle of 75' 92' 52" a distance of 90 feet; thence southerly parallel to the said east line, making an included angle of 104 30 08 a distance of 200 feet to a point on the said north right-of-way line of state Road No. 84; thence northeasterly along said right-of-way line a distance of 90 feet to the point of beginning. Broward County, Florida. 3 ORDINANCE#2006-036 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director G, �� Corinne Lajoie, AICP, Principal Planner(�j' SUBJECT: RZ-64-06: The applicant, Margaret Croxton, on behalf of the property owner Joseph Rubano, is requesting a change the zoning from Commercial (C-3) to Marina Mile (MA-1) zoning for the property located at 2501 State Road 84 (SECOND READING). REZONING To change the zoning from Commercial (C-3) to Marina Mile (MA-1). Property Information: ZONING: Commercial (C-3) LAND USE DESIGNATION: Industrial REZONING The subject property was annexed into the City in 1990. In 2000 the City changed the commercial districts from the Broward County zoning to the City commercial zoning district. When the zoning changed some uses that were previously allowed became illegal. On August 8, 2006 the City Commission approved a new zoning district called Marina Mile (MA-1), which allows many uses that were originally permitted with the original Broward County zoning. The applicant is requesting to change the zoning of the property to MA-1 to legalize the tenants (Atlantic Truck Center) currently located on the site, who are operating as an existing non-conforming use. CITY COMMISSION PREVIOUS ACTION On November 14, 2006 the City Commission approved the request on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On October 18, 2006 the Planning and Zoning Board recommended approval. � t f City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954) 924-3645 ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat g B�OUR@ � ••Pat Delegation RequestRez D ob Site Plan Data Rec'd: ❑ Special ExCeptiOn ❑ special Request SEP 2 2 2006 Petition No.: ❑ Traffikway Walver ❑ variance Planning ❑ vacation Request Department ❑ Othen 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. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Clty's Building Department, Location Address: J o! ST/t Tr /Cy.7(� �c{ 7r>.1/ii7 c// i L J3? Lots):49Y4j49tEeW Block; Subdivision: Recorded Plat Name: /Vfcc < G "�'(/Z2o2!„co/p Folio Number(s): So Itc a c, 1, 1 Legal DescriptionT 1U. 51^ Y s B cG cy 4 Pr c Al E L /FLU e• k% .> Sw/y -1'--V d, 1✓d•,/w ce Srd v Yo Al2.,c S�J o$...�, ,VC,t ,)peA ); A/.vre Pt r ,�w 4U /3 P11.c C cZA --7 - j l7 Appilca sulfa Legal Representative(circle one) /l4z p sit),F 7 L, eo Xi o t1 Address of Applicant: Z3 / S- .S '47 ") 11/ /�p �j ! 7/s -0i:,e7 Business Telephone:%T - -/ 00 Home:%`/-_ S-2 7- c —/ -- —3 Fax: /-5 �. .ti ;L V •-/.1—_. ed Name of Property Owner: JG 5,10r/ le"?,44,6 Address of Property Owner; 2,y LJ ii- 1� I A/ - Business Telephone:•fly-UV-,Yi'4 / Home: St>r c` Fax: 1)5-Y.- SF3_ J9��/ Explanation of Request: �� " ��,ur /�[/c^.rl 0- '3 Prop. Net Acreage: Gross Acreage: • Y6 2-1 PrOP. Square Footage: Existing Use:,P/1'ti/e ep/c j r[t:a sa c',c4'Proposed Use: Is property owned Individually, by a corporatlorrf or a Joint venture? C11 / n / I I understand that site plan and variance approval automatically expires within 12 ( /rytonths of City Commission approval, pursuant to Ordinance No. 2005-040. CJ� �'�t�0 �/ •sue j A�pl / caner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applka Cansulta Representative: This_day of 20_ Signature: Date: �/���4:7 Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, aty,State and Zip Code Commission D pires: `)'S'-y - K V —/felo Seal: Telephone No. &Fax No. i INDMDUAL OWNER NOTARIZED SIGNATURE: This Is ri to certify that authorized (Applkan Corsu the fee simple owner of subject lands described above an nd�hat I have lca epresertaM) !�.9.P l Aa zFT �'€+�Xi to make and file the afor application. Sworn to and subscribed before me Owner: Jam'S t Aj— This_day of 20_ Signature 1 Date: c �� Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Z16 Code Commission Expires: fc/ S 7 �/ �5�61 �jlX gjlf_ 5T 79 Seal: Telephone No. ✓I<Fax No. i CORPORATION NOTARIZED SIGNATURE: i This Is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a du thAri� oriicer, have authorized (Apoican�Representable) ll�' i ( 0}(�z to make and file the aforesaid application. Swom to and subscribed before me Corporation Name: n This_day of 20_ Signature: . Date: (Print Name) `�2t3',V7cw r Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: L75Y-S2-Y404 1 r4l 5�y ,0,3 - ?y39 Seal: Telephone No. a Fax No. f 30INT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (APWkant(Consuirant/Representative) to make and file the aforesaid application. Swom to and subscribed before me This_day of 20_ d� Signature Date: (Print Name)** Sign Name of Notary Public State of( /tea Ja -r.t�l�e. r% 1ar1 t p;)9� �L•33>•C Print Name of Notary Street Address, City, State and Zip Code Commission Expires: �'�-��cf-T-W jAX 9S TF3 Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. HARGARU CROXTON ENTrWR18M, INC. 1315 S Miami Road#F Fort Lauderdale,FL 33316 Phone(934)494-1900 Fax(954)524-1220 E-mail croxtonmardaol com September 22, 2006 Rezoning request for Mulligan and Rubano LLC. City of Dania Beach The parcel on this property owned by Joseph J. Rubano of RPM Diesel Engine Co. and directly across the street,is being requested to be rezoned, to the new Marina Mile District(MAI), which was recently created, after a unanimous recommendation of the Planning and Zoning Board,by a unanimous vote of the City Commission. The property owner believes that city zoning, which does not permit previously permitted uses, devalued the property and has caused problems with lessees obtaining occupational licenses. The property is used by the owner Joseph J Rubino, RPM Diesel Engine Co. and leased to Atlantic Truck Center as in the Rumur Plat across the street. Although uses on the site were grandfathered in when the property was annexed to the city from the county,we are asking for a permanent and appropriate use of this property as it is presently being used. Members of the Marina Mile 84 Association—including Vice President Joseph J. Rubano—believe that properties that were previously county zoned were inadvertently. harmed by the City's zoning change. After years of work with city staff, we were successful in creating the new Marina Mile Zoning District,which will now allow businesses that want to rezone to former legal uses to do so. It was represented to the P&Z board and the Commission that this property would be applying for zoning relief. These previous and current uses are in keeping with the Marine District along State Road 84 and are an economic benefit to the city. We appreciate the cooperation of staff and this effort. Respectfully submitted, SEP 2 2 2006 Margaret A. Croxton Planning President, Margaret Croxton Enterprises Inc. Department Executive Director, Marina Mile Association Map Page 1 of 1 LORI PARRISH BR�'N OUNTY 5IP 4 a 5` NMI e { S1 r " A r , yp x �' l.P ���7�1 r yl:��.�a•'e'�vw ° n �`,—• f .nJ.r' t#c:�: �,.ra- r,,,=� ,�r� r•' ,k,.o-x- sue,,,,,` :�;;�" SSt+7 P sA r 504220260010 Created on 10110/2006 2:36:49 PM using ArcIMS 4.0.1.©Copyright 2003 Broward County Property Appraiser http://66.55.51.198/map_lrint.asp?folio=504220260010&fol ionum=&minX=926464.631... 10/10/2006 Map f- ( - Page i of 1 LORI PARRISH B D A— COUNTY 171 FIIIR a a a; z•, r . �1 as #+n k f All- ti 11 r f :. Y4'd .�� '��yr ��., .� t PROM/.dER���.,�w'��yC�^" q � •2 f'i Jtl wmY��1.. 504220000111 Created on 10/1012 006 2:38:02 PM using Arc]MS 4.0,1.©Copyright 2003 B row ard County Property Appraiser l http://66.55.51.198/map_print.asp?folio=5042200001 I l&folionum=&minX=926620.521... 10/10/2006 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH .. SUN- SENTINEL MARINA MILE REZONINGS '- NOTICE IS HEREBY GIVEN that a public hearing will PUBLISHED DAILY be held before the City Commission,on Tlleaday�No- vember 29,2006,or as soon thereafter asp slGe;In,' FORT LAUDERDALE, BROWARD COUNTY, FLORIDA the Dania Beach City Commission Room,Cl ga11,100'' West Dania Beach Blvd.,Dania Beach,Flor d y3l3�0q�`� BOCA RATON, PALM BEACH COUNTY, FLORIDA for the purpose of hearing any comments which might: MIAMI MIAMI DADE COUNTY FLORIDA be made to the following: i 1 commercial(C3)to Manna Mr a Ae(MA-1) st map rlge6001,, seph J. Rubano for property located at 2501 SStai Road 84. STATE OF FLORIDA Exhibit A -Property is legally described as(50i 20-26 0010-The HOnnie Plat,Plat Book 114,Pege 40 f COUNTY ARD/PA EACH/MIAMI DARE Parcel A Ono ,042 30 00-0111 Parcel c a 1 17,at'Q11 Ian' in the west one half(W 1/2)of the East Or1oi BEF E T DERSI VT 0 TY, PERSONALLY APPEARED Eli2)north of the Southterst one j ofr5ec(swtion bdwIIa Ship 50 South,Range 42 East Broward County,Fkwl-� O; ON OATH, SAYS THAT do,more fully described as follows:Beginning at Mel HE/SHE IS A DULY AUTH0 ED REPRESENTATIVE OF THE CLASSIFIED point of intersection formed by the East"Ok df 1 l said West one-half(WI/2)of the East one-hair(B7 DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED of e the southwest -quarter one quarter t (SWI 4)of the No t r l IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE east right-of-way line of State Road do ea;thence e ATTACHED COPY OF ADVERTISEMENT, BEING A: er y along the said east line a distance of 20p thence southwesterly parallel I, the saltl none A t-i of-way line making an includetl angle of 75 NOTICE OF PUBLIC HEARING 52•a distance ofgo feet;thence southerly para ,blij the said east line,making an included angla of.77 gel 08 a distance of 206 feet to a point on the so]Q pWth, IN THE MATTER OF: right-of-way,line of state Road NO.84;thence IT easterly along said right-of-way line a distenwar 9eJ feet to the point of beginning,Broward County,Fkf( Ile MARINA MILE REZONINGS RZ-65-06-Request for a zoning map change from Industrial Research Office Marine (IROM) to Marine! Mile(MA-11 district,by Joseph J.Rubano fi prdparty; IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE located at 2555 and 2565 state Road 84. ISSUES OF: 20-42-onto: 0020 and 100 o lidescribed e R P m. a PPIiB�) Book 149,Page 35,Parcel'A',Parcel'B- and Pareeh 11/17 13062848 C'. Said lands situate, lying and being In atOwq(dI County,Florida. - RZ-66-06-Request for a zoning map change IrGCIj AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER Industrial Research office Marine(IROM) to Merhml Mile(MA-1)district.by)ohn A.verkey,forproperty.l0y PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, cated at 2200 state Road 84. Exhibit A-Property is legally described as:5pp}}��y AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY 20-02-0410-A portion of Tract 16.Seaboard Faxii PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, according to the plat thereof,recorded in plat Eooki is.page 22,of the public records of Broward COludy t EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Florida, more particularly described as foll"L'Be f POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, ginning at right-of-way the southwest line of State Road 84 apdti FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF west right-of-way line of Ravenswood Road and.ru- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT way line of Raven in a Southerlswood Road,a distance direction along the eof alaNhuh-j HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR dred forty feet(140')toa point;thence inawasUi direction a distance of one hundred fifty to (15M , CORPORATIQJN,ANY DISCOUNT, REBATE,COMNSSION,OR REFUND, FOR THE to a poini;thence in a northerly direction a dbtanbel PURPO URIATADVERT SEMENT FOR PUBLICATION IN SAID of one hundred forty feet(140'1 to a point gn:this! south right-of way line of State Road 84;thence In Be, NEW AP easterly direction along the south right-of-wsyy llnaAfT flttv State Road 84 a distance Of one-hundredfeet; (150'1 to the point of beginning.Less that port On ly-J 5M ing Within the state Road 84 right-of-way as described' (SIGNATURE OF AFFIANT in official record book 13665.Page 300,of the public: ) records of Broward County,Florida. RZ-67-06-Request for a zoning map change from Commercial (C-3)to Marina Mlle (MA-1) district.try: SWORN TO AND SUBSCRIBED BEFORE ME William B.Bigger III.for property located at 2501 State ON: 17-November-20 6 A.D. Road 84. g . Exhibit A-Property Is legally described as:,5047-; 20-41-0010-Tract A,of Staff Marine Plat as recondite in plat book 148 at page 27 in the public reerds Of Broward County,Florida.Said lands situate,lying and 7 being in Broward County,Florida. r; Copies of the proposed rezoning requests are avail-' able for viewing in the Community Development De-- �hRY 01,a Idella . Johnson parlment, too West Dania Beach Blvd.,Dania Bean; ? Florida between the hours of 8.00 a.m.and 4:00 p.m.,. g♦t .Commission#UD326508 Monday-Friday please call(954)924-3645 for RWfB'. q� Expires June 6, :?008 information. Interested parties may appear at me ,p public hearing and be heard with respect to the pro- posed petition.In accordance with the Americans With Disabilities Act,persons needing assistance t0 participate in any of these proceedings should con- (NAME OF NOTARY,TYPED, PRINTED, STAMPED) tact Louise stilson, City Clerk, 100 w. Dama Beach Blvd,Dania Beach,FL 33004,(9541924-3622,at least, 48 hours prior to meeting. PERSONALLY KNOWN OR Any person Who decides to appeal any decision' made by the Planning and Zoning Advisory Board of ,the City Commission with regard to any matter con. PRODUCED IDENTIFICATION Isidered at this meeting or hearing will need a recoi lof the proceedings and for such purpose may need to' ,ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evi- dence upon which the appeal is to based. LOU Ann Cunningham Planning Associate November 17,2006 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH MARINA MILE REZONINGS NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, November 28, 2006, or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: RZ-64-06—Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2501 State Road 84. Exhibit A - Property is legally described as: 5042-20-26-0010 - The Bonnie Plat, Plat Book 114, Page 40, Parcel 'A' and 5042-20-00-0111 - Parcel "C" a parcel of land in the west one-half (W I/2) of the East one-half (E '/2) of the southwest one-quarter (SW '/4) of the northeast one-quarter (NE '/4) of Section 20, Township 50 South, Range 42 East Broward County, Florida, more fully described as follows: Beginning at the point of intersection formed by the East line of the said West one-half (W '/2) of the East one-half (E 1/2 ) of the southwest one-quarter (SW '/4) of the Northeast one —quarter (NE '/4) of Section 20 and the north right-of-way line of State Road No. 84; thence northerly along the said east line a distance of 200 feet; thence southwesterly parallel to the said north right-of-way line making an included angle of 75' 92' 52" a distance of 90 feet; thence southerly parallel to the said east line, making an included angle of 104 30 08 a distance of 200 feet to a point on the said north right-of-way line of state Road No. 84; thence northeasterly along said right-of-way line a distance of 90 feet to the point of beginning. Broward County, Florida. RZ-65-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2555 and 2565 State Road 84. Exhibit A - Property is legally described as: 5042-20-42-0010; 0020 and 0030 — The R.P.M. Plat, Plat Book 149, Page 35, Parcel 'A', Parcel 'B' and Parcel 'C'. Said lands situate, lying and being in Broward County, Florida. RZ-66-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile (MA-I) district, by John A. Verkey, for property located at 2200 State Road 84. Exhibit A — Property is legally described as: 5042-20-02-0410 — A portion of Tract 16, "Seaboard Farms", according to the plat thereof, recorded in plat book 18, page 22, of the public records of Broward County, Florida, more particularly described as follows: Beginning at the southwest corner of the intersection of the south right-of-way line of State Road 84, and the west right-of-way line of Ravenswood Road and running in a southerly direction along the west right-of-way line of Ravenswood Road, a distance of one hundred forty feet (140') to a point; thence in a westerly direction, a distance of one hundred fifty feet (150') to a point ; thence in a northerly direction a distance of one hundred forty feet (140') to a point on the south right-of-way line of State Road 84; thence in an easterly direction along the south right-of-way line of State Road 84 a distance of one- hundred fifty feet (150') to the point of beginning. Less that portion lying within the State Road 84 right-of-way as described in official record book 13665, Page 300, of the public records of Broward County, Florida. RZ-67-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by William B. Bigger III,for property located at 2501 State Road 84. Exhibit A — Property is legally described as: 5042-20-41-0010 — Tract 'A', of Staff Marine Plat as recorded in plat book 148 at page 27 in the public records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. Copies of the proposed rezoning requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622,at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: November 17, 2006 PUBLIC HEARING NOTICE MAP 2006 MARINA MILE PROPERTY REZONING _ Legend �X�� Proposed Rezoning Sites S-2 RZ-65-06 RZ-64-06 IROM R -66-06 _ C-3 C 2 i �1. d RZ-67-06 I-G IRO/ , IROM 4 2 .y. _ O -, R-1C 3 IROM > C-3. t� (a- ---- [ i IROM, r- oo (D (0 O I I�I�JJ N LLl0. N N .Cc � 00 N LOd N N E 0 0 n oOLL NM Cdcl) N (O f0 z� 00 CDO 70U N N.O MM ( m MN7y Mcn co 0n MM MMMM NN cli MM M M M M fMM M MM MM !n ONJ JNNcc M NJ M J NN JJ MNNN J J J JN c%4 LLLL J LL J LL LLLL J LLLL LL LLI M M W W M M LL M W LL W M M M W W LL M M M W W w W M M J Q J J Q xQ J (n x Q M J J Q Q QQ J J J Q Q Q J t c v OxW W2xWxW � WZS2WWMLL1222W WNW Wx 1- O U am MQ UQ p } m 0 QUQ Q UQ p p M m Q U Q U Q U W W M O W U UO � » uIWO W pZODRM D0 JOuiui Wpp J » �y 1 C3 mggmmamg > agamco LL mmmggLLggm ono O Ja F- F- QQa QF W aF.. � a ¢ F- �... waQ ¢ QI- — rF- Q gJZK W ZZm ZZwz2w z2ww > 2ZZZLL' w D' wz E .;i99 N IOQOoaa0QOWO aQOOQOQQQ00 - OOa U20LLLLOpM L.L00. 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O V `p V V 0 0 . . 0 0 0 0 0 0 0 0 m m LL 0 0 0 0 0 0 R O . . . 1 0 0 0 O 0 O O O O O O O O O 0 O i i i i i i t t i i i i i lD .(� L O O O O N N N N N N N N N N N M M M M Mtn N (O (O N (0 .2 c U 09999999999999909999 — .- .- N M y 1 1 N (0 (p 6000000060006000066666600000 � O^ p p m N N N N N N N N N N N N N N N N N N N N N N N N N N N N Q N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ap G a � nz. o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U p Q to to to to to to to to to 0 to to to to to to to to to to to to 0 to to to to to co ® CITY OF DANIA BEACH Agenda Item # /• Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) X Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Achorc pd nfltyap�rop';ate,:A o Ior.Moio, ) . ORDINANCE NO.2006-037 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J.RUBANO(RZ-65 06),FOR PROPERTY LOCATED AT2555 AND 2565 STATE ROAD 84,IN THE CITY OF DANIA BEACH.FLORIDA,WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A-,A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM(INDUSTRIAL RESEARCH OFFICE MARINE),TO MA-1(MARINA MILE).SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. kW)iylActior Is;Necessary 1Nhat=Action Accomptrshes�: � � F?u�hchasinge�c�estsl,ONLY "� `�� Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �Summa'ry Explanaton(Baakgrounii � M �' r'.-�''`_ RZ-65-06: The applicant, Margaret Croxton, on behalf of the property owner Joe Rubano, is requesting a change the zoning from Industrial, Research, Office, Marine (IROM)to Marina Mile (MA-1)zoning for the property located at 2555 & 2565 State Road 84 (FIRST READING). tscal impacUCost Summary Exhibfs Attached: �;' - Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 u£horized Signatures Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2006-037 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR PROPERTY LOCATED AT 2555 AND 2565 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Joseph J. Rubano, for property located at 2555 and 2565 State Road 84, within the City of Dania Beach, Florida, is granted and the parcel, as described in Exhibit "A", a copy of which is attached to this Ordinance, is rezoned from the"IROM" zoning classification to the "MA-I" zoning classification. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on November 14, 2006. PASSED and ADOPTED on second reading on 2006. PATRICIA FLURY MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2006-037 EXHIBIT "A" LEGAL DESCRIPTION 5042-20-42-0010; 5042-20-42-0020 and 5042-20-42-0030—The R.P.M. Plat, Plat Book 149, Page 35, Parcel `A', Parcel `B' and Parcel `C'. Said lands situate, lying and being in Broward County, Florida. 3 ORDINANCE#2006-037 CITY OF DANIA BEACH 6 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director L Corinne Lajoie, AICP, Principal Planner SUBJECT: RZ-65-06: The applicant, Margaret Croxton, on behalf of the property owner Joe Rubano, is requesting a change the zoning from Industrial, Research, Office, Marine (IROM) to Marina Mile (MA-1) zoning for the property located at 2555 & 2566 State Road 84(FIRST READING). REZONING To change the zoning from Industrial, Research, Office, Marine ([ROM) to Marina Mile (MA-1). Property Information: ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial PROPOSED USE: REZONING The subject property was annexed into the City in 1990. In 2000 the City changed the commercial districts from the Broward County zoning to the City commercial zoning district. When the zoning changed some uses that were previously allowed became illegal. On August 8, 2006 the City Commission approved a new zoning district called Marina Mile (MA-1), which allows many uses that were originally permitted with the original Broward County zoning. The applicant is requesting to change the zoning of the property to MA-1 to legalize the tenants (Atlantic Truck Center) currently located on the site, who are operating as an existing non-conforming use. CITY COMMISSION PREVIOUS ACTION On November 14, 2006 the City Commission approved the request on first reading. PLANNING AND ZONING BOARD RECOMMENDATION On October 18, 2006 the Planning and Zoning Board recommended approval. l r City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (954)924-3643 Cl Adminbtrative Variance ❑ Assignment of Flex/Reserve Units 11 0 Plat Use Amendment =Department ❑ Plat Delegation Request �/Rezoning Date Redd: I �' ❑ Site Plan ❑ special ExceptionPetition No.: —(OS'v� ❑ special Request❑ Trafflkwey waiver ❑ Variance ❑ Vacation Request ❑ Othen 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 applkatlon. For after the fad applications, the responsible contractor of record shall be present at the board hearing.Their failure to attend_may Impact upon the dispositionof your application; As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Oty's Building Department. location address�'�.tAl d I.ot(s): Block:: Subdivision: �C=(s ) Recorded Plat Name: Folio Numher(s): DU7 li jZ Legal �ptlon:0y' ° / Applicant/ sultan Legal Representative(drde one) Ago, d12 b Address of Applicant: / 3/S s AQ Business Telephone: !Sz1�/i& Home: ri Qq&-77 5"�, 22 Fax; Name of Property Owner: Q /� Address of Pro /party owner: Lf�/J� f �C�caa 17�� 3 33/ Business Telephone: SSA LZ L&IHome: ac2xte ----�_ Fax: Explanation of Request: d rI A J4 tj Prop. Net Acreage: Gross Acreage:7 k Prop. ' p Square Footage: Existing Use: t c /� ('Proposed Use: Is property owned individually, by corporation, a joint venture? q W.J CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation Is the owner of subject lands described above and that I, a a duly aul zed QQfilcer� haveve authorized (AppikanV wRann epresentative) ��C4✓G C/l to make and file the�fbf�s fa d application, Sworn to and subscribed before me Corporation Name: 7144p '�o�zR�iry L7) This_1__day of 20 0 G Signature: Date:X 9 /2 , /06 V ,2�c1 BiY tJ d Print Name) �R�nlc� State of(Fie y�/,p)k (Print 7tde) n n cTotB^ � Sil 'V 'Ifd- X/�oo Js .�QrAcl !J cef^ Print Name of Notary a fT 333 !�uDtQQ�l�� .E ry Street Address, qty, State and Zip Code SealmissionExpires: xr/ `F S rF-"47 9,9X• yp•y ,�3 pe Notary Public State of Florida elephone Na 8 Fax NO. Jose.A Santiago .My t;anmwion DD507888 0' Expires 01/17Q070 JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appli ant/qRe to make and Ale the a d application. v Sworn to and subscribed before me This / day of 20 e! Signature: /` ` �•= �`c ,J .c�(r�i��' Date:X (Print Name gn Name of Notary Wc / State of(f'leitl�fi1�) �1 a f/. udf ldi/l FZ ' Print Name of Notary Street Address, city, State and Zip Code Commission Expires: Cie, P%67 ��� ��tt•-r d 3 ��j J Seal: — — Telephone No. d Fax No.�d'w� Notary Puolio$late of Florida :OSBA Sdnflag0 Commission DD501988 **Each ust slgrtas AtQ9ghup cote sheets as required. I understand that site plan and variance approval automatically expires within 12 nths of City Commission approval, pursuant to Ordinance No. 2005-040. J a S--,6w, o� APP Iran / ner signature pp Nama Dat APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Appllcan Consultan epreserttative: This 2L day of 20_Q6 Signature: Date:_ /0 n Name of Notary PLl�e� b R�d AJ State of( "r-404 4) (Print l la(M) u To Print Name of Notary Street Address, f]ty, State and Zip Code Commission Expires: 9sy_ 11i"" Seal: Telephone No ✓►Fax No. �.,►�� Notary Public State of Florida Cf,S4 S Z y 1i 2 Z Jose A Santiago ( = My Commwion D0507888 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify thatthe fee simple owner of subject authorized (Applkarn� Td ntauve) lands bed atxnie and �at I have make and file the aforesa application, t�t��a_ to Sworn to and subscribed before me Owner: This_d_L_day of.. 20 o e Signature: Dater; 2-i 11 Zf No T"' State of ry Public Int Name) J c xz' A S.je el Sr> . �Q Print Name of Notary Street Address, Gty, State and zip Code �� j33k' Commission Expires: 1{' —s'� y-�yL 7 �,f �� Seal: x y 3�d'3 Zc 3 Ifelephone No. &Fax No. 7�ani f Florida aa� 00507888010 I � HHARGARIC Y CROW ON E MM, INC. 1315 S Miami Road W Fort Lauderdale,FL 33316 Phone(954)494-1900 Fax(954)524-1220 E-mail croxtonmaitaol com September 22, 2006 Rezoning request for Rumur properties Ltd. City of Dania Beach The three parcels on this Plat, are being requested to be rezoned to the new Marina Mile District(MAI),which was recently created, after a unanimous recommendation of the Planning and Zoning Board, by a unanimous vote of the City Commission. The property owners believe that city zoning, which does not permit previously permitted uses, devalued the property and has caused problems with lessees obtaining occupational licenses. The property is used by the owner Joseph J Rubano, RPM Diesel Engine Co. and leased to Atlantic Truck Center. Although uses on the site were grandfathered in when the property was annexed to the city from the county, we are asking for a permanent and appropriate use of this property as it is presently being used. Members of the Marina Mile 84 Association-including Vice President Joseph J. Rubano—believe that properties that were previously county zoned were inadvertently harmed by the City's zoning change. After years of work with city star, we were successful in creating the new Marina Mile Zoning District,which will now allow businesses that want to rezone to former legal uses to do so. It was represented to the P&Z board and the Commission that this property would be applying for zoning relief. These previous and current uses are in keeping with the Marine District along State Road 84 and are an economic benefit to the city. We appreciate the cooperation of staff and this effort. Respectfully submitted, tjll�l°JL'��V Ly�nl SEP 11 1006 Planning Margaret A. Croxton DePartmant President, Margaret Croxton Enterprises Inc. Executive Director, Marina Mile Association Map Page 1 of 1 i _ LORI PARRISH Bt�;�;iNARD A!- COUNTY �1,�'"� .� ���.���44;f-�.y�r�"iSy�'i.�,A,�1]1�"�,vyp„g9a°�+g.�eY t'� s 7 �,�'� �',✓�� .^ � t � .. 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ON . 504220420030 Created on 10/10/2006 1:49.19 PM using ArCIMS 4.0.1.rO Copyright 2003 Broward County Property Appraiser http://66.55.51.198/map_print.asp?folio=504220420030&folionum=&minX=926043.057... 10/10/2006 I • NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH .. SUN- SENTINEL MARINA MILE REZONINGS NOTICE IS HEREBY GIVEN that a public healing will PUBLISHED DAILY vember beforee held , 06 Of as soon thereafternas�poseI&a In.' FORT LAUDERDALE,BROWARD COUNTY, FLORIDA the Dania BeachCltyCommissionRoom,ClLyNnll,100, West Dania Beach Blvd.,Dania Beach,Florida BOCA RATON, PALM BEACH COUNTY, FLORIDA or thepurposeofhearinganycommentswhkhmf! MIAMI MIAMI DADE COUNTY FLORIDA be modem-Request following:o r RZ-6d-06-Request for a zoning map thangga bath, Commercial(C-3)to Marina Mile(MA-1)dI5[rIa by Jo-° seph J. Rubano for property located at 2501 State% Road 84. STATE OF FLORIDA Exhibit A-Property is legally described as;.5042-" 20-26-0010-The HOnnie Plat,Plat Book 114,Pa B 40`i C Parcel A ano nD:i 30 OU-0111 -Parcel C 8. Cal Oil OUNTY ARD/PA EACH/MIAMI DADS an::!n the west one half Iw1/2)of the East one-hbtf, BEF E T DERSI )Tj 0 TY, PERSONALLY APPEARED (eve) of the southwest one-quarter(SW1/4)Ofd1 e, northeast one-quarter (NET/4) of Section 20,-TOw7i,( Ship 50 South,Range 42 East Broward County,Flea O; ON OATH, SAYS THAT da,more fully described as follows:Beginning at the% HE/SHE IS A DULY AUTHO ED REPRESENTATIVE OF THE CLASSIFIED point of intersection formed by the East line Of�thIppI said west one-half(W1/2)of the East one-half(61/9�i DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED of the Southwest quar,er one-LNE1quarter(SW1/ )of the eNmrtM,' IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE ri stone-y line of State Road do 84:thence e ATTACHED COPY OF ADVERTISEMENT, BEING A: ergiy along the said east line a distance of top to y thence southwesterly parallel to the saitl nortd t- of-way line making an included angle of 75 V NOTICE OF PUBLIC HEARING 52-a distance of 90 feet;thence southerly pare bl the said east line,making an included angle of 7 30] 08 a distance of 200 feet to a point an the said IN THE MATTER OF: right-of-way line of state Road No.84:thence O'apk; easterly along saitl right-of-way line a distance of 90 feet to the point of beginning.Broward County.Florf , MARINA MILE REZONINGS tla. r Rz-65-06-Request for a zoning map Cheap ft01IL Industrial Research office Marine (IROM) t0 Marina, N THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE Mile(MA-1)district,by Joseph J.Rubano for property; located at 2555 and 2565 State Road 84. r.. ISSUES OF: Exhibit A-Property is legally described as>6W;�j 20-42-0010; 0020 and 0030- The R.P.M. Play PIA, Book 149,Page 35.Parcel'A',Parcel'B' and ParCgli C'. Said lands situate, lying and being in Broyryd, 11/17 13062848 county,Florida. H iindustrial nesearrch office mariner a FROM) to change' a inin AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER mile(MA-1)district.by Jahn A.verkey,for property low' PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, cared at 2200 state Road 84. 8 Exhibit A-Property is legally described as:s5o0�{�9 AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY 20-02-0410-A portion of Tract 16,seaboard Farms,, PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, according to the plat thereof,recorded in plartboukl 18.page 22,of the public records of Broward COUBII. EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Florida, more particularly described as follows;W; POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, giinningate south right southwest corner ai of State Road 84,and i FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF west right-of-way line of Ravenswood Road and,nm- ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT way line of Rave in a nswood Road,direction la distanceong the est of ones o-% HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR fired forty feet(140')to a Point;thence in a westedv: CORPORATI ,ANY DISCOUNT, REBATE,COMMISSION,OR REFUND, FOR THE direction a distance of one hundred fifty feet(150}, to a point;thence in a northerly direction a distances PURPO URIATADVERT SEMENT FOR PUBLICATION IN SAID of one hundred forty feet(14D'I to a point on:thel south right-of-way line of State Road 84;thence In an NEW AP easterly direction along the south right-of-we IIoeafT State Road 84 a distance of one-hundred fl feat; 050')to the point of beginning.Less that port on ly-.I mg within the Slate Road 84 right-of-way as described' in official record book 13665,Page 300,of the public (SIGNATURE OF AFFIANT) records of Broward County,Florida. RZ-67-06-Request for a zoning map change from, Commercial(C 3)to Marina Mile(MA-1) dISVICI.by, SWORN TO AND SUBSCRIBED BEFORE ME wiriame.Biggerm.forproperty located at2501 Stele ON: 17-November-20 8 A.D. Road 84. 11 Exhibit A-Property is legally described as:.5042-:. 20-41-0010-Tract A.of Staff Marine Plat as recorded m plat book 148 at page 27 in the public records of Broward County,Florida.Said lands situate,lyms and: being in Broward County,Florida. r Copies of the proposed rezoning requests are avaiv able for viewing in the Community Development oe-. otFpY Para' Idella . Johnson parlment, 100 West Dania Beach Blvd.,Dania Beacth. Florida between the hours of 8:00 a.m.and 4:00 p.m:,. Commission#00326508 Monday-Friday please call(954)924-3645 for rrrOal w information. interested parties may appear at the q� gP` Expires June 8, 2008 public hearing and be heard with respect to the pro MN' aaMM'ieT FN,•Mmmrwv.u+. % !aiTm9 posed petition.ln accordance with the Americans With Disabilities Act,persons needing assistance to participate in any of these proceedings should con- (NAME OF NOTARY,TYPED, PRINTED, STAMPED) tact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd,Dania Beach,FL 33004,(954)924-3622.at least, 48 hours prior to meeting. PERSONALLY KNOWN OR Any person who decides to appeal any declslan' made by the Planning and Zoning Advisory Board or ,the City Commission with regard to any matter con-, PRODUCED IDENTIFICATION isidered at this meeting or hearing will need a recoil. of the proceedings and for such purpose may need to I,ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon which the appeal is to based. Lou Ann Cunningham Planning Associate November 17,2006 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH MARINA MILE REZONINGS NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, November 28, 2006, or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: RZ-64-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2501 State Road 84. Exhibit A - Property is legally described as: 5042-20-26-0010 - The Bonnie Plat, Plat Book 114, Page 40, Parcel 'A' and 5042-20-00-0111 - Parcel "C" a parcel of land in the west one-half (W 1/2) of the East one-half (E '/z) of the southwest one-quarter (SW 1/4) of the northeast one-quarter (NE 1/4) of Section 20, Township 50 South, Range 42 East Broward County, Florida, more fully described as follows: Beginning at the point of intersection formed by the East line of the said West one-half (W 1/2) of the East one-half (E 1/2 ) of the southwest one-quarter (SW '/4) of the Northeast one —quarter (NE 1/4) of Section 20 and the north right-of-way line of State Road No. 84; thence northerly along the said east line a distance of 200 feet; thence southwesterly parallel to the said north right-of-way line making an included angle of 75° 92' 52" a distance of 90 feet; thence southerly parallel to the said east line, making an included angle of 104 30 08 a distance of 200 feet to a point on the said north right-of-way line of state Road No. 84; thence northeasterly along said right-of-way line a distance of 90 feet to the point of beginning. Broward County, Florida. RZ-65-06 — Request for a Zoning map change from Industrial Research Office Marine (IROM) to Marina Mile (MA-1) district, by Joseph J. Rubano for property located at 2555 and 2565 State Road 84. Exhibit A - Property is legally described as: 5042-20-42-0010; 0020 and 0030 — The R.P.M. Plat, Plat Book 149, Page 35, Parcel 'A', Parcel 'B' and Parcel 'C'. Said lands situate, lying and being in Broward County, Florida. RZ-66-06 — Request for a Zoning map change from Industrial Research Office Marine (IRONI) to Marina Mile (NIA-1) district, by John A. Verkey, for property located at 2200 State Road 84. Exhibit A — Property is legally described as: 5042-20-02-0410 — A portion of Tract 16, "Seaboard Farms", according to the plat thereof, recorded in plat book 18, page 22, of the public records of Broward County, Florida, more particularly described as follows: Beginning at the southwest corner of the intersection of the south right-of-way line of State Road 84, and the west right-of-way line of Ravenswood Road and running in a southerly direction along the west right-of-way line of Ravenswood Road, a distance of one hundred forty feet (t40') to a point; thence in a westerly direction, a distance of one hundred fifty feet (t50') to a point ; thence in a northerly direction a distance of one hundred forty feet (140') to a point on the south right-of-way line of State Road 84; thence in an easterly direction along the south right-of-way line of State Road 84 a distance of one- hundred fifty feet (150') to the point of beginning. Less that portion lying within the State Road 84 right-of-way as described in official record book 13665, Page 300, of the public records of Broward County, Florida. RZ-67-06 — Request for a Zoning map change from Commercial (C-3) to Marina Mile (MA-1) district, by William B. Bigger III,for property located at 2501 State Road 84. Exhibit A — Property is legally described as: 5042-20-41-0010 — Tract `A', of Staff Marine Plat as recorded in plat book 148 at page 27 in the public records of Broward County, Florida. Said lands situate, lying and being in Broward County, Florida. Copies of the proposed rezoning requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate Notice Date: November 17, 2006 PUBLIC HEARING NOTICE MAP 2006 MARINA MILE PROPERTY REZONING Legend Proposed Rezoning Sites S-2 RZ-65-06 RZ-6406 �IROM R -66-06 1- C-2 RZ-67-06 a IROM I �i IROM I-G 9a - �s`atBRoaaaa C-g � � C y -- _3` 1 _Loi IROM 3; R-1C 3 ]ROM > C-3. r-1 �— - ]ROM r- 9999(O o 0 1999 N N E C l0 'Q C (0 N (0 d 0 NCDco Ln (D LL haD M � ^ > Li P 0 C M M(p ' O of v N N (O N (O Z M 0 O O O IO p> 7 W Mcn N M NM MM cMM MN E (�0 M Cl) Cl) M M c'M O Cl) M Cl) M N > y M M M M M M M M cn Cl) M Cl) M lY (n O N J J N N M N J M J N N J J M N N N J J J J 0 O (v> u' LL � � J e�- V' JLLI '- e- LLLL J LLLL LL LL � (.> M W WM MLL (0UJ LL W M M M W W LL m chM W W W W Cl) M M M M x M J (0 S J M M CO J S M c'M M J J J M J JJ JQQ JQ (f> Q ¢ JJ ¢ � aa J JJ ¢ ¢ Q � J �O •r p x W W S x 6 x W � W W Z = = W W M W S x x W W N W W = � ON o F- O 4U o o UQ QU m QU p } m W O QU QU p p M m QU UQ QU p O M p p m O W W W W S Z 0 F_ W W > > J W W W j �.� �y O � mggmmamga> Qg ¢ mmggLLammmggLLggm , , ro 0 � Fw F- Z _ _ F- F _ HF'- g JZLYLYZZ2 LYZ `� LL' ZZKIY > � - - - LYE mKZ ioaooQ ¢ oaoWoogzz OQoa � �aMOO < U x0 LL LL p p a 0 LL a d LL LL a p LL LL p a p p p LL LL LL LL 0 ~6o N a O 0) N -�11Nf1 o N N p .N- NLf) to O N CD coo O ,.. .?• LO � R > p o I I cs w LLw Q Q N J > J ppp IL k- a � y? a0x > O > Oa uja > 00 0WLu LwUQYN OpnOO O LL' 0FmQlYdp > pE, FZ Y W J ZEN W 00 ZZ N0 W ZZW Qn Un3W L- a WCo W 0 * UNNIJULLI L wE > = D p � W¢ � 0pz ( � Z: vi � v333pn � LLU o �K /Li / r , J r o O U o o z M o v z3o .- o � � o W O0Oaaz m0CD Z (p O u•> N N N O (O O O M (O O N M O O O(O N O M V 00 � 0000O C u700 r OOOMM O � O) g (000 GOOD 00 NN1 NN V NNCl) V' M a- NN NNP, NNN hLL O J U CO J J Z J U Z O J m J U QQW�Q LU U) N W W � < 0Ua 0WQQ ZF. 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Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SummaiyEfspl n`"' ion/Background..m' `' _ VA-49-06: The applicant, Sheryl Zvi, on behalf of the property owner Veneza Villa LLC. is requesting variance and waiver for a property located at 4432 SW 52 Street. ISCat(A. Pa6 COSt=$U311n'12Itj+ '',t_ , . r' „ ,• ',._ .i . ' r a Exhlbrts�,4ttaclied: � - Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorize rSlgnature Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date r. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52No STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, " Off-Street Parking", prescribes the off-street parking requirements for properties within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 29 "Pervious and Impervious Areas", Section 29.10 prescribes the impervious land area requirements for properties within the City of Dania Beach; and WHEREAS, Sheryl Zvi,with Consultech Development Services,Inc., on behalf of Regina Novaes Perim representing Venezia Villas, LLC., has applied for a variance (VA-49-06) from Chapter 28, "Zoning", to allow a 22 foot wide driveway (where a 24 foot driveway is otherwise required) and a waiver from the 40% pervious area requirement (to provide 38% where 40% is otherwise required); and WHEREAS,the Planning&Zoning Board on October 19, 2006,recommended approval of the variance request based upon the criteria set forth in section 10.13 of Article 10 of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-49-06, from requirements in Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations", Section 6.21, "Off-Street Parking", and waiver from Article 29, "Impervious and Pervious Areas", Section 29.10, is approved with the following conditions: The Fire Marshall can accept the driveway reduction with the following conditions: 1. The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces; 2. The driveway must be designated by yellow painting, striping or markings on the curbs and roadways and the words"NO PARKING—FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. All pavement markings shall be of thermoplastic paint. 3. Free-standing signs must be provided in accordance with the following guidelines: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background with red letters. c. The sign must state "NO PARKING — FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The sign must be within sight of the traffic flow and be a maximum of 60' apart. The Public Services Director has no objection to a 2% waiver of pervious area requirement. Mitigating design improvements were shown, however, the Public Services Director has requested the applicant submit details and storm drainage calculations. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2006. PA I MULA FLUKY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK 2 RESOLUTION#2006-195 APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION i#2006-195 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director L. G Corinne Lajole, AICP, Principal Planner 0fO SUBJECT: SP-10-06/VA-49-06: The applicant, Sheryl Zvi, on behalf of the property owner Veneza Villa LLC. is requesting variance, waiver and site plan for a property located at 4432 SW 52 Street. Variance To allow a driveway to be 22 feet; code requires 24 feet. Waiver To allow 38% pervious area; code requires 40%. Site Plan To allow the construction of 8 townhomes. Property Information ZONING: Broward County, Multi-Family (RD-10) LAND USE DESIGNATION: Low Medium (10) Residential VARIANCE The applicant is requesting a variance to allow a driveway to be 22 feet; code requires 24 feet. The variance is necessary in order to provide the minimum required landscaping adjacent to the east and west property lines in the north parcel of the property. The Fire Marshall can accept the driveway reduction with the following conditions: 1 . The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces; 2. The driveway must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING - FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. All pavement markings shall be of thermoplastic paint. 3. Free-standing signs must be provided in accordance with the following guidelines: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background with red letters. c. The sign must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The sign must be within sight of the traffic flow and be a maximum of 60' apart. WAIVER To allow 38% pervious area; code requires 40%. The Public Services Director has no objection to a 2% waiver of pervious area requirement. Mitigating design improvements were shown, however, the Public Services Director has requested the applicant submit details and storm drainage calculations. SITE PLAN To allow the construction of 8 townhomes. The following comments must be addressed prior to issuance of a building permit: 1. Submit details and storm drainage calculations (Public Services). 2. Fire Marshall's dated July 13, 2006 (Fire Marshal). PLANNING AND ZONING BOARD PREVIOUS ACTION On September 27, 2006 the Planning and Zoning Board recommended approval with the condition that the applicant provide a 6' wall along the west, north and east lot lines of the site & subject to staff's conditions. CITY COMMISSION PREVIOUS ACTION On November 14, 2006 the City Commission continued this item. City of Dania Beach, Florida Department Of Community Development Planning and Zoning Division General Development Application (3 4)J 4-3645 ❑ Assignment of Flex/Reserve Units r 0 land Use Amendment 0 Plat ❑ Plat Delegation Request 0 Rezoning 18 Site Plan Date Read: [_ 0 Special Exception Petition No.:s�' /0 D v 0 Special Request ❑ Trafflcway Waiver l ❑ Variance 14\ i `t ❑ Vacation Request ❑ Other: 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"checkllst to determine the supplemental documents required with each application, For after the fad applications,the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also o/bttal a building permit,from the City's Building Department, Location Address: 7�3� �. KJ• 5..2 S'rnceT 1 � VA R690 / Lot(s); 81ock: J!' Subdivision: &ROWAR,D A�E.cf S Recorded Plat Name: SRO W/K-h G'.9'et DNS Folio Number(s): 5'6-Y1 -.36-0J•-0pOD Legal Description: ;3A0W0RD (9AJfb&;S �2 for s'/oo� L O r Bs Io o Q E 4 oe N /iG )f jJ Y# of ,V/14,,16S10 o�, L<,S- Applicant/Consultant/Legal Representative (circle one) .`VI / Q'A)gul- Address of Applicant: 3)�l 33 5 Business Telephcne: Ly �39 3ULHome: Fax: (/ if� �3T 8 -ly.-?3 Name of Property Owner: 5/Vj5ZJ \ CCacrr,0T -2cc7,�gPE�iin, Address of Property Owner; iN0[Jn A Gt>R y/ 4�/�S-rp/� L 33 � We Business Telephone>!9St a l`'`f3 Home: Fax: CIS 515- O.2 Cc) Explanation of Request SZrE /�pPRc VRL -� 8 Twr! Prop. Net Acreage: •79y AC Gro77s��sAcreage: 08,13 Prop. Square Footage: _td6r Existing Use: Rey'D'E�77,4t. /0� Proposed Use: JA/ram Is property owned individually, by a corporation, or a joint venture? L LG I understand that site plan approval automatically expires within 12 months of City Com�i Iona oval,pursuant to Ordinance No. 2005-040. plicant/OvJ Ap r gnature Prin Nam *Dateo-�2— APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) state of( ) Print Name of Notary street Address, Ciry, State and Zip Code Commission Expires: Seal Telephone No. (x Fax Na. I INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Appikant/Cansuitant/Representative) make and file the aforesaid appllcatlon. to Sworn to and subscribed before me Owner: This_,day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, Clry, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No, CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation Is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This_day of Zp_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: ____ Seal: Telephone No. at Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject Ian Qs descrl ed above a d that all partners have authorized (Applicant/Consultant/Representative) ° 7' c' e' r to make and�il�the afore_sa)Idatppplicaton. /I Sworn to and subscribed before me 44VV o This day of zp_ Sign ture: Date: ( Q Q !� AName NQv /j'"5 `Pep-k' (Print Name)ublic State ofOf MOdda ( ,� ) �,�4 :llgrar, i 7T N.LEANFSS s lah'4- 2008 Print Name of Notary Street Address, City, a te'and ZIp C Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. ConsuiTecih ( July 10, 2006 E N T E I a I S E S. I N C I ('une J=tech (:14Wructi„n Alanagcmcot,Inc. Mrs. Corinne Church `''"Is t,I-•4cch Planner mcn Urrclopt Services,Inc. (,,,II,111-Tech Community Development Division F'.nginecring, Inc. 100 W Dania Beach Blvd ( "n,t11-reel, Dania Beach, FL 33004 3orecying Mapping.Inc. Phone: 954-924-3700 `''an,nl-net h Fax: 954-922-2687 Transp)rrati-,n,Inc. RE: Seminole Village Miramar SP-10-06 t.;,r7,n,rr City of Dania Beach 1141 l'u,unirrcc Parkway klirautar,Fl, t1025 (954)4 0-4 U) FAX(954)44M.143.1 Dear Mrs. Church, Bomts Springs (2 0)947-u2a(. I'A X 12 49)947 132 4 We would like to apply for a variance for the subject property Ft.Myers for a reduction of the drive aisle width from 24 feet to 22 feet cs,)6%-1,21, to the west of the parking spaces at the entry into the FAX Q39i 652.077a development, providing 18 foot deep parking spaces. Per i City Code, we meet the following criteria below: FA X 1 C 4 4I .\ i71 1.3104 (a) That special conditions and circumstances exist which Lakewood Ranch are peculiar to the land, structure or building involved and F\X(94 )%7 which are not applicable to other lands, structures or \T ('41i'"' MM21 buildings in the same zoning district. Miami (i115)599-1141 Per City staff, it was concluded that the angle of the subject FAX j 0 51 599-1143 building needs to be adjusted to allow or for the 20 foot Naples buffer next to the backyards of the single family homes and (231)1-41-5112 the 20 foot side setback. I'.4X(2.4")613.5134 Orlando (b) That the special conditions and circumstances do not FA+ X(4 M1,4 X(407)647 8190 result from the actions of the applicant West palm Beach There are no special conditions and circumstances that have FAX(59-iaH(1 Ills FAX(S(,l) resulted from the actions of the applicant. (561)242-6042 FAX(sal)242-7745 14 www.ctc•cc i i (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district, The granting of the variance requested will not confer on the applicant any special privilege that is denied by the City's Land Development Code to other lands, buildings or structures in this same zoning district. City Staff is supportive of this variance as well as City of Dania Beach Fire Rescue. (d) That literal Interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties In the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; The granting of this variance will not have any deprivation of rights commonly enjoyed by other properties in the same zoning district under the terms of the City's Land Development Code would work unnecessary and undue hardship on the applicant. i (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure, A letter was submitted to the Fire Marshall at the City of Dania beach fire rescue. The Fire Marshal accepted the variance reduction request with 3 conditions. The first condition was that the reduction will be acceptable for the drive entry to the west of the ten parking spaces. The second conditions was for the drive entry to the west of the parking spaces must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING — FIRE LANE" must also be included with the striping. These markings must extend from the west side of the pavement six feet to the drive isle. All pavement markings shall be of thermoplastic paint. The third condition required free- standing signs to be provided in accordance with specific guidelines (can be found in Exhibit 1). (0 That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. This variance request is in harmony with the general intent and purpose of the City's Land Development Code and will have any injurious affect to the area involved or otherwise detrimental to the public welfare. r Please feel free to contact me to discuss any issues that may be necessary to satisfy your requirements/needs for the proposed project. Should you have any questions or comments on our proposal, please do not hesitate to contact me at my office at (954) 438-4300 ext. 1026, or on my cellular phone at (954) 214- 4442. Best Regards, i Sheryl Zvi, Land Planner�� Consul-Tech, Inc. 3141 Commerce Parkway Miramar, FI 33025 Phone (954)438-4300 ext. 1026 Fax: (954) 438-4308 e-mail: szvi cte.c Web: www.cte.cc NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-49-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, November 14 Beach C 2006 at 7:00 .m., or as soon thereafter as possible, In the Dania ity Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: Request submitted by Sheryl Zvi, Land Planner with Consultech Development Services, Inc. on behalf of property owner Regina Novaes Perim representing Venezia Villas, LLC., for prope located at 4432 SW 52nd Street, Dania Beach. The request is for. rty VA-49-06 - A variance to allow a driveway 22 foot wide driveway; (Chapter 28, Zoning, requires driveways to be 24 feet wide). Waiver - A waiver from the 40% pervious area requirement. (Chapter 28, Zoning Article 29.10. Impervious land area requirements). SP-10-06 -The above requests are in conjunction with a proposed site plan for the construction of an 8 unit town home project (Seminole Village). Property is legally described as: The south 100 feet of the Lots 7, 8, 9 and 10, Block 5, "Broward Gardens", according to the plat thereof, as recorded in Plat Book 21, Page 48 of the public records of Broward County, Florida, and the East 6 feet of the North 116 feet of Lot 8 and the West 44 feet of the North 116 feet of Lot 9, in Block 5, "Broward Gardens", according to the Plat thereof, as recorded in Plat Book 21, Pager of the public records of Broward County, Florida. Subject to easement for ingress and egress over and across the Block 5 of"Broward Gardens". south 16 feet of the south 100 feet of Lots 7 to 15 inclusive, Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petit ici accordance with ion.ln a the Americans With Disabilities Act, persons needing assistance to part pate se a any of the proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beac 33004, (954) 924-3622, at least 48 hours prior to meeting. h Blvd, Dania Beach, FL se Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. 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Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: - e pS#e n (I n aPpro fat RESOLUTION NO.2006.197 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI,LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES,INC.,ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS,L-C,FOR PROPERTY LOCATED AT 4432 SW 52nd STREET,DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ha,Act on "com Ilshe Turchasfn#31 equests ONt, h Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ "Summary Explanation/Background; + -; SP-10-06: The applicant, Sheryl Zvi, on behalf of the property owner Veneza Villa LLC. is requesting a site plan fora property located at 4432 SW 52 Street. hiGi :rl� afied Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Site Plan Exhibit 1 `Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 A:FA rr Signs es Submitted by Date Department Director Date HR Director Date Finance Director Date City Attornev Date City Manager Date r 4 xle� Ue � so ~'Gi _ : � x; . Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director �. G Corinne Lajole, AICP, Principal Planner SUBJECT: SP-10-06/VA-49-06: The applicant, Sheryl Zvi, on behalf of the property owner Veneza Villa LLC. is requesting variance, waiver and site plan for a property located at 4432 SW 52 Street. Variance To allow a driveway to be 22 feet; code requires 24 feet. Waiver To allow 38% pervious area; code requires 40%. Site Plan To allow the construction of 8 townhomes. Property Information ZONING: Broward County, Multi-Family (RD-10) LAND USE DESIGNATION: Low Medium (10) Residential VARIANCE The applicant is requesting a variance to allow a driveway to be 22 feet; code requires 24 feet. The variance is necessary in order to provide the minimum required landscaping adjacent to the east and west property lines in the north parcel of the property. The Fire Marshall can accept the driveway reduction with the following conditions: 1 . The reduction will be acceptable for the driveway adjacent to 10 guest parking spaces; 2. The driveway must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING - FIRE LANE". These markings must extend from the west side of the pavement 6' into the drive aisle. All pavement markings shall be of thermoplastic paint. 3. Free-standing signs must be provided in accordance with the following guidelines: a. Signs are to be 24" in height by 18" in width. b. Signs must be of white background with red letters. c. The sign must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT". d. Signs are to be 7' in height from the roadway to the bottom of the sign. e. The sign must be within sight of the traffic flow and be a maximum of 60' apart. WAIVER To allow 38% pervious area; code requires 40%. The Public Services Director has no objection to a 2% waiver of pervious area requirement. Mitigating design improvements were shown, however, the Public Services Director has requested the applicant submit details and storm drainage calculations. SITE PLAN To allow the construction of 8 townhomes. The following comments must be addressed prior to issuance of a building permit: 1. Submit details and storm drainage calculations (Public Services). 2. Fire Marshall's dated July 13, 2006 (Fire Marshal). PLANNING AND ZONING BOARD PREVIOUS ACTION On September 27, 2006 the Planning and Zoning Board recommended approval with the condition that the applicant provide a 6' wall along the west, north and east lot lines of the site & subject to staff's conditions. CITY COMMISSION PREVIOUS ACTION On November 14, 2006 the City Commission continued this item. RESOLUTION NO. 2006-197 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI,LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC,FOR PROPERTY LOCATED AT 4432 SW 52"d STREET,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach,Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Sheryl Zvi,with Consultech Development Services,Inc.,on behalf of Regina Novaes Perim representing Venezia Villas, LLC, has applied for site plan approval to allow the construction of an 8 unit town home project (Seminole Village), to be located at 4432 SW 52"d Street,Dania Beach; and WHEREAS, the Planning&Zoning Board on September 27,2006, recommended that the City Commission grant the site plan request(SP-10-06),based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (SP-10-06) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: The following comments must be addressed prior to issuance of a building permit: 1. Submit details and storm drainage calculations (Public Services). 2. Fire Marshall's dated July 13, 2006 (Fire Marshal). 3. The applicant to provide a 6 foot wall along the west,north and east lot lines of the site(Planning and Zoning Board). It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8,of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-197 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 General Development Application .; - J ; ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat Cl Plat Delegation Request ❑/ Rezoning Date Redd: gJ Site Plan o ❑ Special Exception Petition No.�` ' 0 ` D ❑ Special Request f ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request ❑ Other: 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. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obttal5a building permit from the City's Building Department ( . Location Address: / / 3L S. O. 5"2 J'T-R ee-r/, /AEACH Lot(s): 8 /0 Block: 5 Subdivision: Roc�lYRD Chi Etl S Recorded Plat Name: R�WftR D ��nfS Folio Number(s): 50-�1 -34-0-1-'0 Legal Description: RAowotb �gXOEtiii �2 f- �g� 407-7S160-) 40T8-S/00 1 E 4 o-N //6, 9S/0ot IJI# oF A1116 ,/09/00-, RLX S- Applicant/Consultant/Legal) Representative (circle one) J�!`yL ZVI /L �/JSCcL - /EGf/�SAC Address of Applicant: 3h/ t /�2gmr7�2 , )CZ33 Oa Business Telephone; 75 y ¢3&�3dCHome:' Fax:: f\1 f38 -1f 33 Name of Property Owner: V AJ64A VILLAS l L� l C01 AcT / ry Address of Property Owner: 7/�7 K//Nl1�d/iAb A)R y J�STDA , Z 33�/ BusinessTelephone(9b 8110-.' 3�3Home: Fax: qs 515- 020CJ Explanation of Request: Sim 2 Ae d /)oPRCV191 Prop. Net Acreage: •79y AC Gross Acreage: 0813 Prop. Square Footage: 3T� (BCD SIF, rlcT Existing Use: ES"ram tiT1'g4-(7 b1(0� Proposed Use: S,0/71tr- Is property owned individually, by a corporation, or a joint venture? ALL I understand that site plan approval automatically expires within 12 months of City Com i ion algarovall, pursuant to Ordinance No. 2005-040. -3 IJ o Applicant/Ow r gnature PHR NamqJDate APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Appllcant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. I CORPORATION NOTARIZED SIGNATURE: This Is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Tide) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal; Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject Ian descri s above a d that all partners have authorized (Appllcant/Consultant/Representative) �o nsu( art Zvi to make a7le the afore pp Icat on. �' Sworn to and subscribed before me I(J b This day of 3 20_ — Sign ture: Date: Q '3 Q 4Nameo' (Print Name)** s� ., TT N.LEANESS State of ) ' i.Safe of Floritla L l.1y G::Tn;. spin s l.ly 28,2008 Print Name of Notary Street Address, City, State and Zip Code- Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. LOCATION MAP RD-1 a SW 52ND S �i 7hls,Slta o sw szwD C.T RM;15 ConsulTech -- qa`ft� E N T E R P R I S E 5. I N C. July 10, 2006 Con,ul-Tcch ('(Instructiun,Managcmcnt,Inc. (li msul-'I'cch Mrs. Corinne Church )ceclopnxmt Service., Inc. Planner o,iis of-Tech Community Development Division Engineering,Inc. 100 W Dania Beach Blvd Sit g& Sunrymg 3r Napping.Inc. Dania Beach, FL 33004 Gm,ul-Tech Phone: 954-924-3700 Tran,purtalion,Inc. Fax: 954-922-2687 RE: Seminole Village Miramar SP-10-06 fl4l G-n E wrrr iHl l:nnu ucn'c Parkway City of Dania Beach Miranlar,Ff. 1W25 (954)4M. i1N) FAX 054)414-14i4 Bonita Springs Dear Mrs. Church, (239)947.0_66 FAX(2 W)947 1 Q i We would like to apply for a variance for the subject property Ft.Mye" for a reduction of the drive aisle width from 24 feet to 22 feet (249)656.6217 to the west of the parking spaces at the entry into the VAX(2 i9)652.0776 development, providing 18 foot deep parking spaces. Per (,49)54 i.i192 City Code, we meet the following criteria below: FAX 1219)54 i.ip)4 kewoo (a) That special conditions and circumstances exist which ('HI) 117 L41)907d Ranch _y922 are peculiar to the land, structure or building involved and FAX(9411907.nnZl which are not applicable to other lands, structures or buildings in the same zoning district. Miami (4115)599- Per City staff, it was concluded that the angle of the subject FAX(3115)59-L.i I4 i building needs to be adjusted to allow or for the 20 foot Maples buffer next to the backyards of the single family homes and FAX(2 511' the 20 foot side setback. ' i0)`'1i 5j f4 Orlando (407)649-8 1 A (b) That the special conditions and circumstances do not FAX(407)649AI90 result from the actions of the applicant West Palm Beach (561)659.3680 There are no special conditions and circumstances that have FAX(561) 69.2105 resulted from the actions of the applicant. (561)242- 42 FAX(561)242-9745 wwwlcte.Cc __ 1 (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; The granting of the variance requested will not confer on the applicant any special privilege that is denied by the City's Land Development Code to other lands, buildings or structures in this same zoning district. City Staff is supportive of this variance as well as City of Dania Beach Fire Rescue. (d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; The granting of this variance will not have any deprivation of rights commonly enjoyed by other properties in the same zoning district under the terms of the City's Land Development Code would work unnecessary and undue hardship on the applicant. (9) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; A letter was submitted to the Fire Marshall at the City of Dania beach fire rescue. The Fire Marshal accepted the variance reduction request with 3 conditions. The first condition was that the reduction will be acceptable for the drive entry to the west of the ten parking spaces. The second conditions was for the drive entry to the west of the parking spaces must be designated by yellow painting, striping or markings on the curbs and roadways and the words "NO PARKING — FIRE LANE" must also be included with the striping. These markings must extend from the west side of the pavement six feet to the drive isle. All pavement markings shall be of thermoplastic paint. The third condition required free- standing signs to be provided in accordance with specific guidelines (can be found in Exhibit 1). (t) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. This variance request is in harmony with the general intent and purpose of the City's Land Development Code and will have any injurious affect to the area involved or otherwise detrimental to the public welfare. r Please feel free to contact me to discuss any issues that may be necessary to satisfy your requirements/needs for the proposed project, Should you have any questions or comments on our proposal, please do not hesitate to contact me at my office at (954) 438-4300 ext. 1026, or on my cellular phone at (954) 214- 4442. Best Regards, Sheryl Zvi, Land Planner Consul-Tech, Inc. 3141 Commerce Parkway Miramar, A 33025 Phone (954)438-4300 ext. 1026 Fax: (954) 438-4308 e-mail: szviActe.cc Web: www.cte.cc CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 5/i/2008 PZ Lop SP-10-08 Project SEMINOLE VILLAGE Folio 504138-02 0800 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up❑ In-house Sd Fire Marshal❑ Landscape❑ BSO❑ Public Services ❑ Planner® Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must addre pri ❑ Approved w/conditions [1 to P /Co p �. List Conditions 4 (Yy Signature Date Print Name Seminole Village; SP-10-06 5-4-06 Corinne Church, (954)924-3704 i 1. Incomplete information was provided, therefore additional review and comment will be provide by staff at time of further review of this project. 2. Survey must identify easements and encumbrances identified in Broward County Public Records in surveyor's notes and in sketch as listed in the City's "Required Documentation Check List." Revise surveyor's note #2 accordingly. 2nd time requested. 3. Show location of all overhead utilities in red on site plan and landscape plan as listed in the City's "Required Documentation Check List." 2nd time requested. 4. Must provide sidewalk adjacent to SW 52 Street. 2nd time requested. 5. Must show dumpster detail including height and character of walls and waste disposal as listed in the City's "Required Document Check List" including pedestrian access and gates. 2nd time requested. 6. Show dimensioned concrete landing pad at rear door of each unit, including length & width. Revise pervious area calculations accordingly. (Original site plan showed 13,844s.f., revised plan show 13,840 for a difference of only 4 feet. Recalculate. 2nd time requested. 7. Lighting plan must show light levels at property line, not to exceed .05 foot candle. Light level shown on Sheet E-4 range from .50 to 1.57 at property line. Revise accordingly. 2nd time requested. 8. Bar-B-Q deck shown on Sheet L-1 is not shown on Sheet A0.01. Sheet L-1 not provided in resubmittal. Clarify. 2nd time requested. 9. Single car garage min, dimensions = 20' X 11' clear space (no doors). Revise accordingly. 2nd time requested. 10.Provide a solid fence or wall around all vehicle use area to block headlights from neighboring properties. Provide proposed 36" wall/fence detail. 2nd time requested. NOTE: • Staff recommends reducing driveway to 22' 8 providing 18' deep parking spaces. Must request a variance and provide a letter of no opposition from the Fire Marshall's office to reduce driveway. = CITY OF DANIA BEACH " COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET " LFT�SEREVI $ITE.PL { ETUR ' COM E SII�ARl Route Date 9/1112005 PZ Log iSP-10.08 I —J Project SEMINOLE VILLAGE Folio 50-41-38-0 8-02 W PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail❑ Pick Up❑ In-house 2 Fire Marshal❑ Landscape ❑ BSO❑ Public Services Planner❑ Other Consultants ❑CGA Approved as submitted ] Denied ❑ Comments must address prior ] Approved wlcondilions to PZ I Commission Fearing List Conditions po ogr:Troa To WAIVEA OF lfCDloU g ffT"XTk MlrAq-r/NG DEsIbN rr4fffV6N&Jr5 WB46 sHOWJ 5MJ3y1r crut,st�'ivNSt, SEP 15 2006 Signature Data Planning Nmiutc-_ r. Department Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 5/1/2008 PZ Log SP-10-00 Project iSEMINOLE VILLAGE Folio 5041-38412-0800 PLEASE REVIEW T TH HE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN E COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Vla: Mall❑ Pick Up © In-house ❑ "Fire Marshal u'7/ Landscape ElBSO ❑ Public Services ❑ Planner ElOther Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior Approved w/conditions❑ to PZ/Commisalon hearing List Conditions srru. NfED6D - FiRE FLOW D601AuD roR OHNbAt1 l' F:LpW T4sr 'h )aEAM1.gLr wRrsa suPP� y -- - -- ��� 06 Signature Date -51n-3fb�44_n_ - Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET ..y .PLEASE REVIEW 91TE'PLAN dND RETURN INITIi"COMINENT$IFAN�� Route Date __8/18I2008� PZ Log �SP-10.06 I, Project iSEMINOL� E VILLAGE Folio I5041-38-02-0800 i PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTORS STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mall ❑ Pick Up❑ In-house 5Z Fire Marshal 0�7[ Landscape❑ SSO❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved assubmitted ❑ Denied ❑ Comments must address prior Approved w/conditions ❑ to PZ/Commission hearing List Conditions c4M1101"s FROM PR/aR Rjows-- -I NOT 8&/ R�D/?6StSED. I Signature Date Saa�l�-racwn_ __ Print Nam* CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Route Date 5/1/2008 PZ Log SP-10-06 Project SEM�VILLAGE Folio 5041-38-02-0800 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail❑ Pick Up ® In-house ❑ Fire Marshal ❑ Landscape 2 aS0❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved as submitted Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions 4alf�eL 7i(,'A-, A407ft4d Date Print Name v x _ _ - �Sr City of Dania Beach Fire Rescue F o�o Bureau of Fire Prevention 100 W. Dania Beach Blvd. • Dania Beach, FL 33004 1901% —•- Office: (954)924-3656 Fax: (954)924-3733 March 14, 2006 Elizabeth G. Camargo, LLC. 1530 W. 27 St. Miami Beach, FL 33140 Reference: Seminole Village Reduction in Drive Aisle Width SP-10-06 Dear Ms. Camargo: This letter is a response to your request for a reduction in the drive aisle width for the Seminole Village Project. Your request, more specifically, is for a reduction from 24 feet to 22 feet in the drive aisle width to the west of the parking spaces at the entry into the development. After further review of the site plan, I can accept this reduction with conditions. Condition 1: The reduction will be acceptable for the drive entry to the west of the ten parking spaces only. Condition 2 The drive entry to the west of the parking spaces must be designated by yellow painting, striping, or markings on the curbs and roadways and the words "NO PARKING - FIRE LANE" must also be included with the striping. These markings must extend from the west side of the pavement six (6) feet into the drive aisle. All pavement markings shall be of thermoplastic paint. Condition 3: Free-standing signs must be provided in accordance with the following guidelines: Signs are to be 24" in height by 18" in width Signs must be of white background with red letters The signs must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT" Signs are to be seven ft. (T) in height from the roadway to the bottom of the sign The signs must be within sight of the traffic flow and be a maximum of 60 feet apart. As long as the above conditions are met, the drive entry aisle width can be reduced to a minimum of 22 feet. If I can be of further assistance, feel free to contact me at your convenience. Sincerely, Sean Brown Fire Marshal, City of Dania Beach jc FI 181Y 1„ SST, City of Dania Beach Fire Rescue F D Bureau of Fire Prevention 19o& SITE PLAN REVIEW COMMENT SHEET Date: March 14, 2006 Time Spent: Project Name: Seminole Village (SP-10-06) Plan Reviewer: Sean Brown [ ] Approved As Submitted [ ] Denied [ ] Approved With Conditions [X] Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS/CONDITIONS: FIRE DEPARTMENT ACCES "NO PARKING"SIGNAGE AND STRIPED FIRE LANES REQUIRED The drive aisles in front of the dwelling units (on the north edge of the drive aisles) and the drive entry to the west of the parking spaces (on the west edge of the drive aisle) must be designated by yellow striping on the roadways. The words "NO PARKING - FIRE LANE" must also be included in this designated "No Parking" location with the striping. These markings must extend from the edges indicated above on the pavement six (6) feet into the drive aisle. All pavement markings shall be of thermoplastic paint. In addition, Free-standing signs must be provided in accordance with the following guidelines: Signs are to be 24" in height by 18" in width Signs must be of white background with red letters The signs must state "NO PARKING - FIRE LANE BY ORDER OF FIRE DEPARTMENT" Signs are to be seven ft. (7') in height from the roadway to the bottom of the sign The signs must be within sight of the traffic flow and be a maximum of 60 feet apart. TURNING RADIUS The turning radius of a fire department access road shall be as approved by the AHJ. [1:18.2.2.5.3) THE AHJ REQUIRES 38 FT. INSIDE RADIUS; 50 FT. OUTSIDE RADIUS WITH 12 FT. CLEAR SWEEP FOR ALL DRIVE AISLES. DEMONSTRATE ALL TURNING RADII ON THE PLANS. LANDSCAPING LANDSCAPE/GREENSCAPE OBSTRUCTIONS Provide a note on the landscape plan submittal for clearance requirements for the fire department with regards to landscape/greenscape: Fire Hydrants - Clearances of 7'6" in front of and to the sides of any hydrant with a 4' clearance to the rear of any hydrant must be maintained Vertical clearances of 14' are required for all tree canopies over drive aisles and fire department access roads. Fire Protection Appliances — Clearances of 7'6" in front of and to the sides of any appliances. WATER SUPPL APPROVED WATER SUPPLY An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction. [1:18.3.1'] (See NFPA 1141 as a reference for additional water supply and fire flow information — for minimum number of required hydrants and distribution) — PROVIDE A FIRE FLOW TEST TO BE WITNESSED BY THE FIRE PREVENTION BUREAU TO DETERMINEADEQUATE WATER SUPPLY. THIS MUST BE SCHEDULED THROUGH THE FIRE PREVENTION BUREAU (954)924-3635. _ FIRE FLOW CALCULATIONS tl Fire flow calculations must be submitted. Fire flow calculations shall be prepared by a professional engineer currently licensed in the state for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, published by the Insurance Services Office (Appendix A), December 1974 edition. PRIVATE FIRE SERVICE MAINS CONNECTION FROM WATERWORKS SYSTEMS Connections to public water systems shall be controlled by post indicator valves of an approved type and installed in accordance with section 6.3 of NFPA 24 [24:5.51 OR A non-indicating valve, such as an underground gate valve with approved roadway box, complete with T-wrench, and accepted by the authority having jurisdiction, shall be permitted. [24:6.1.5] PROVIDE VALVE DETAIL ON PLAN MINIMUM SIZE FOR PRIVATE FIRE SERVICE MAINS Private Fire Service Mains. Pipe smaller than 8 inches in diameter shall not be installed as a private service main supplying hydrants. [24:5.2.1] FIRE HYDRANTS FIRE HYDRANT DETAIL Please provide fire hydrant detail in accordance with the requirements below.ry HYDRANT DETAIL REQUIREMENTS The center of a hose outlet shall be not less than 18 inches above final grade, (or where located in a hose house, 12 inches above the floor) (24:7.3.3) with the steamer opening of 4 'Y2 inches in size with four (4) National Standard Threads per inch. All fire hydrants shall be "traffic type" to break-away upon impact. The fire hydrant main body valve shall open against the flow and shall close with the flow. BLUE REFLECTIVE HYDRANT MARKERS One (1) blue double-reflective department of transportation type road marker is to be adhered to the hard surfaces roadway in the middle of the lane nearest to, and directly in front of the newly installed fire hydrants. Provide a note on the plan demonstrating this requirement. IMPACT PROTECTION FOR HYDRANTS Permanent Barrier — Fire Hydrants, Backflow Preventors, Fire Department Connections and any other Fire Protection Appliances located in parking areas shall be protected by a permanent barrier approved by the fire chief that will prevent physical damage from vehicles. Three inch steel pipe buried three feet deep, three feet high and spaced three feet apart, filled with concrete and capped are acceptable. Provide impact protection detail in accordance with the requirements above on the plan. 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F, CITY OF DANIA BEACH Agenda Item # / • �� Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Fite uestett'Action� Id r+ a_ -' ' ` RESOLUTION NO.2006-207 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR AN EXTENSION OF THE EXPIRATION DATE FOR SITE PLAN SP-41-05,APPROVED BY RESOLUTION 2005-180 ON NOVEMBER 22,2005,SUBMITTED BY JODY OBERTHOLTZER,REPRESENTING WHB HOLDINGS,LLC.,FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. - Wtiy Acton`is Necessary� '' Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary��xplanattoi�lBackgioand, x:. �' f � ,_ _ SP-41-05-EX: The owner, WHB Holding, LLC., is requesting site plan approval extension for the construction of a warehouse facility located at 3013 Ravenswood Road. im Exhibits Attached r°' " �r t,'g fJ' Ordinance Staff Report Application Location Map Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 -Signatures' Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN EXTENSION OF THE EXPIRATION DATE FOR SITE PLAN SP-41-05,APPROVED BY RESOLUTION 2005-180 ON NOVEMBER 22, 2005, SUBMITTED BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC., FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before twelve (12) months from the date of approvals of the plan by the City Commission; and WHEREAS,on November 22,2005,the City Commission approved the request for site plan SP-41-05, by Jody Oberholtzer, representing WHB Holdings, LLC., to allow construction of a warehouse facility, for property located at 3013 Ravenswood Road, Dania Beach; and WHEREAS, Jody Obertholtzer, representing WHB Holdings, LLC, is requesting an extension of the expiration date for the site plan approval until March 27, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date for the approval of the site plan (SP-41-05) until March 27, 2007, is approved. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8,of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That such approvals are subject to the conditions previously approved by the City Commission. Section 4. That all resolutions orparts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 12006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-207 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director ! p- FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: SP-41-05-EX: The owner, WHB Holding, LLC., is requesting site plan approval extension for the construction of a warehouse facility located at 3013 Ravenswood Road. On November 22, 2005 the City Commission approved the requested site plan. The applicant is requesting a site plan extension of 4 months (until March 22, 2007). SITE PLAN To allow the construction of 4 buildings providing approximately 45,400 square feet of office/warehouse space. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) FUTURE LAND USE: Industrial STREET FRONTAGE: Ravenswood Road & SW 23 Terrace The subject property is a vacant lot located north of Interstate 595 and south of State Road 84. The property has access from Ravenswood Road on the east and SW 23 Terrace to the north. The site plan was circulated to various City departments for review. The landscape consultant has indicated that the landscape plans meet all code requirements. All of staffs comments have been addressed by the applicant. However, the Planning and Zoning Board requested a new elevation with addition window and/or architectural detail on east elevation. STAFF RECOMMENDATION Approval. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application 0 Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat (>i ( ❑ Plat Delegation Request � � � ❑ Rezoning I! Date Rec'd: o '� ❑ Site Plan❑ Special Exception OCT 3 U 1006 Petition No.:r J ❑ Special Request❑ Trafficway Waiver Planning ❑ Variance ',�slf�YilL1a ❑ Vacation R uest ❑ Other: �trt P&4-1 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 fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 3LD 15 oils woo0 �a Lot(s): Block: Subdivision: Recorded Plat Name: - �/tt/�,ht co,�J ��.4� /��S i wsSS Folio Number(s): � r r2� W�o Legal Description: P.¢r -er- 13 y� /96- 1/E-/14- Applicant�nsultant/Legal Representative (circle one) Address of Applicant: Business Telephone: Home:: Fax: Name of Property Owner: &-D S Address of Property Owner: /33© S6 I1 ��r �u -,-5- -,7/C Business Telephone: it Home: Fax: Explanation of Request: J, -S C y Prop. Net Acreage: �- F- f Gross Acreage: Q-c33 Prop. Square Footage:: Existing Use: } c. Proposed Use: / ZU-?!GHtu; 6- Is property owned individually, by a corporeti� r a joint venture? L L C CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that aa� a^ly authorized officer, have authorized (Applicant/Consultant/Representative) a1' 6 C-7t Zoo to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: �i 6 c S L This day of L'uN 20 `'� Signature: Date: l� o o� 6 dto C 2 C-4 (Print Name) A&E-t 6 Sig Name of Notary P lic (Print Title) Sta a of( ) , not Name of Notary—a Streft�ddns, YSand ,- ode7tiC � Commission Expires: el6—/y9y d -M Telephone No. & Fax No. LOUNMC1 YlY t R31t•B4aeidNs�b tVft a.H0eeFvbft201 reow»>I�r P NOTARIZED SIGNATURE: This is certify that the below referenced that the duly authorized persons are the owners of subject lands describ ove and t all partners have authorized (Applicant/Consultant/Representative) i to make and file the aforesaid application. Sworn to and subsc d before me This 30 day of " _ 2006 Signature: Date: Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, !7z Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. r r gee FLORIDA December 1, 2005 Jody Obertholtzer WHB Holdings LLC 2321 E Las Olas Blvd Ft Lauderdale, FL 33301 Re: Ravenswood Rd Business Park— Site Plan Request(SP-41-05). Property located at 3013 Ravenswood Road, Dania Beach, Florida. Dear Jody: Attached you will find Resolution #2005-180, approving your request. Please note that as stated in Section 2 of the Resolution, site plan approval shall automatically expire and become null and void unless building permits are obtained on or before 12 months from,the date of this resolution. If you require any further information, please do not hesitate to contact our office. Good luck with your project. Sincerely, Pansy Warwick Administrative Specialist cc: William S. Johnson, Chief Zoning/Code Enforcement Officer Attachment(s) pw "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us RESOLUTION NO. 2005-180 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS,LLC,FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Jody Oberholtzer representing WHB-Holdings,LLC.,has applied for site plan approval for the proposed construction of a warehouse facility, to be located at 3013 Ravenswood Road, Dania Beach; and WHEREAS,the Planning&Zoning Board on October 19,2005,recommended that the City Commission grant the site plan request(SP-41-05),based upon the criteria set forth in Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-41-05)for site plan approval,a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved. It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article I of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on November 22, 2005. ANNE CASTRO MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON -YES COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA- ABSENT CITY CLERK VICE-MAYOR FLURY- YES MAYOR CASTRO- YES APPROVED AS FORM AND CORRECTNESS BY: THOM S J A S O CITY ATT RNEY 2 RESOLUTION #2005-180 C-3 Rp . Th s Site I OM Imull z Location map CITY OF DANIA BEACH ,Agenda item # Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award,Bid/RFP ❑ Presentation ❑ Continued from: ;RequesteiC,Act)oii . ' Etdartety„apr�rop'ate, "'«i� oaon5 "" RESOLUTION NO.2006-208 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK CONTAINER ON RESIDENTIAL PROPERTY,SUBMITTED BY CARR RESIDENTIAL,LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. YVtiy„Ac)i©n rsNecessary'' � �. Purchasing,Req ests O;iJL(' Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ AA-79-06: The applicant, Matt Jackson, on behalf of the owner, Aqua Isle by Carr Residential, LLC., is requesting a variance for the previous approved townhouse project located at 3901 Griffin Road. FtscalflmpactlCo'st�S rt� "8; . �^ �'` �xhtbits�Attache r _ t � _ Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authdr'izedrSignatutie . ,:' > " �� � _ Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date e� u Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Lajoie, AICP, Principal PlannerCi1 SUBJECT: AA-79-06/SP-36-05: The applicant, Matt Jackson, on behalf of the owner, Aqua Isle by Carr Residential, LLC., is requesting a variance and site plan modification for the previous approved townhouse project located at 3901 Griffin Road. VARIANCE To allow the maximum distance from the dumpster to a residential unit to be 185'; code requires a maximum distance of 1 50'. SITE PLAN Modification To allow the reduction of 2 dumpsters on a previous approved site plan. On July 25, 2006 the City Commission conditionally approved a site plan at this location for the construction of 127 town homes. ANALYSIS The City Code requires no dwelling unit be greater than 150 feet from a dumpster. The approved plan, with six dumpsters, meets this requirement. The applicant wishes to eliminate two of the six dumpsters, claiming that four dumpsters are sufficient if trash is picked up 3 times per week. However, many units are now 180 feet from a dumpster, requiring the variance. Staff has no objection to the travel distance variance. Applicant has indicated that the HOA documents will require 3X per week pickup. However, the City has no authority to enforce HOA restrictions. RECOMMENDATION Because the City cannot enforce HOA regulations, staff recommends sufficient dumpster capacity be available to accommodate the standard (2X week) residential pickup. Staff can support the variance and site plan modification provided the solid waste handler documents the dumpsters are large enough to accommodate 2X week pickup. RESOLUTION NO. 2006-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK CONTAINER ON RESIDENTIAL PROPERTY, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sec. 13-75,"Dumpsters",of the City Code of Ordinances regulates the location and construction of bulk container enclosures in a manner that promotes the public health and safety and lessens or otherwise mitigates the visual impact of such bulk containers upon the community; and WHEREAS,Matt Jackson, an engineer with Calvin Giordano and Associates, on behalf of the owner, Aqua Isles by Can-Residential,LLC,has applied for an appeal(AA-79-06),to allow the maximum distance from the dumpster to a residential unit to be 185 feet. (Chapter 13 Health and Sanitation, Section 13.75 (e) (5)of the City Code of Ordinances provides that enclosures located in residential zoning districts shall be located no further than one hundred fifty(150)feet from any on- site dwelling unit); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain request for appeal, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved with the condition that documentation from the solid waste handler is submitted stating that the dumpsters are large enough to accommodate pick up 2 times per week. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 12006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-208 City of Dania Beach, Florida --- Department of Community Development Planning and Zoning Division (954)924-3645 General Development Application ❑ Assignment of Flex/Reserve U LJ Land Use Amendment ❑ Plat 7Pianning ❑ Plat Delegation Request❑ Rezoning Date Rec'& �-\ to ❑ Site Plan ❑ Special ExceptionPetition No.: y�-'I-uG ❑ Special Request ❑ Trafficway Waiver Department A Variance ❑ Vacation Request ❑ Other: 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. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 3901 Griffin Road, Dania Beach, FL 33004 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: N/A Folio Number(s): 0230-00-0280 Legal Description: See attached Exhibit A 50 'A a. '3 0 <� 03,5?0 Applicant onsultan Legal Representative (circle one) Matt Jackson Address of Applicant: 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 Business Telephone: 954 921-7781 Home: _ Fax: 954 921-8807 Name of Property Owner: Carr Residential Address of Property Owner: 1560 S. Dixie Hwy, Suite 211, Coral Gables, FL 33146 Business Telephone: 305 666-4900 Home: Fax: 305 666-8886 Explanation of Request: Increase distance allowed between dumpsters and buildings. Prop. Net Acreage: 10.35 Gross Acreage: 11.266 Prop. Square Footage: N/A Existing Use: Vacant Proposed Use: Multi Family Residential Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval. automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. /u/A }' -TAe-k,SuJ /D - /z - vK A is /Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/C s I t t/Representative: This day of 20 Signature:_ /i Date: Sign Name of Notary Public (Print Name) State of( ) /YGa 1//ii n�•'va �pi-ft G(./G fv�f (q�e/iisl�f/i Print Name of Notary Street Address, City, State and Zip Code f-< 777/d- Commission Expires: I1"Yl OF Q;) Seal: Telephone No. & Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: �i n Name of Notary Pu is (Print Name) t to of a Print Name of Notary U Street Address, City, State and Zip Code Commission Expires: ,P JOANNE tDNotaryAssn. Telephone No. & Fax No. Notary Public- a `My Commission Ea09 '9 Commission Bonded By Natisn. unr CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporal orf Nam �F} r5t%5 QY e'A ee AC--SeDE/U7TA L, Ll C This LQ day of OC44i.4A206Lo 1 Sionat re• / Date: e'70 /0 00 (a o/AmES (Print Na J&Xd HAe,,4&AJ& 49FM6EPC Sign Name of Notary Public (Print Title) State of( F7ORID4 ) TerPSa A. TOC.) 15(00 S . Alx/e Hwy/ #air Print Name of Notary Street Address, Citty State e�nnd Zi Code C-14 l a p(2o, pl- .33/t/ (o 30540 O� -305-lo (a "' " " m0"pj1t*ft.SMdphy Telephone No. & Fax No. byc wielbEr�i� P009 con�edprf W44MO6J0 -,,.� INotlmrtl JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of _ 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Aqua Isles 6901 Griffin Road Dania Beach Dumpster Variance Justification Calvin Giordano requests a variance from Section 13-75(e) of the City Code which requires a distance of no more than 150 feet between dumpsters and dwelling units. The site plan has been approved with the current design and provision for six dumpsters. However, it has been determined that two of the dumpsters are located not only within close proximity of dwelling units, but also will lower the aesthetic value of the proposed development. We request the strategic placement of four dumpsters throughout the site, Still providing the opportunity for equal use and without causing overflow at any dumpster location. To ensure this, the site's refuse will be picked up three times a week, and this information has been placed in the provided Homeowner's Association Documents. The reduction will slightly increase the Code requirement distance between some of the buildings and the dumpsters. The requirements for a variance and the applicant's responses are set forth below: A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The property the proposed development only allows for a specific layout of the multi-family buildings. Due to the layout, providing adequate dumpsters for twice a week delivery required six dumpsters. As previously mentioned, providing all six dumpsters would cause two of the dumpster's placement to encroach on buildings. Furthermore, these two extra dumpsters will to lower the overall aesthetic value of the property. B. That the special conditions and circumstances do not result from the applicant; The refuse provider has agreed to provide service three times a week, thereby eliminating the necessity for six dumpsters. Furthermore, if the applicant had been aware of this option during the initial site plan design phase, this option would have been presented to the City. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; The variance only stems from the result of a new refuse service schedule. No special privilege beside a minor increase of distance allowed between buildings and dumpsters is being requested. In the future, similar proposed developments will have the available option of utilizing three times a week service. When utilizing this option, the proposed site plans will then also have the opportunity to provide less dumpsters, thereby increasing overall aesthetic value. D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; Literal interpretation of the provisions of this chapter would cause the two additional dumpsters to impede the rights of the applicant in such areas as pedestrian traffic flow, open space and general aesthetics. These are very important amenities that potential homeowners look at while contemplating new residential location. The applicant, if made to provide six dumpsters, will then be forced to contend with potential home buyer's concern over the dumpsters located in front of their residence, and their adverse effects on the property such as unsightliness, narrowing of sidewalks, and loss of open space. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structures. The variance granted will be the minimum necessary due to the applicant relocating two of the remaining four dumpsters so that the distance between them and the surrounding buildings is at the lowest possible. F. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will no to be injurious to the area in involved or otherwise detrimental to the public welfare; As stated in Section 13-75 of the City Code, "It is the intent of this section to regulate the location and construction of bulk container enclosures in a manner that promotes the public health and safety and lessens or otherwise mitigates the visual impact of such bulk containers upon the community. The granting of this variance will adhere specifically to the intent in that the visual impact of the containers will decrease. Furthermore, the provision of four dumpsters will not be injurious to the area or detrimental to the public welfare. The area will be improved aesthetically and will be safer for pedestrian movement. The combination of all issues presented will then work together to add quality to the public welfare of the residents. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH AA-79-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the: Dania Beach Citv Commission on Tuesday, November 28, 2006, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Request by applicant Matt Jackson, Engineer with Calvin Giordano and Associates on behalf of the owner, Aqua Isles by Carr Residential, LLC, 3901 Griffin Road, Dania Beach, Florida, for approval of the following: AA-79-06 — Appeal to allow the maximum distance from the dumpster to a residential unit to be 185% (Chapter 13 Health and Sanitation, Section 13.75 (e) (5) states that enclosures located in residential zoning districts shall be located no further than one hundred fifty (150) feet from any on-site dwelling unit). SP-36-05(Mod) — Site Plan modification to allow four garbage dumpsters (Six dumpsters shown on the approved site plan). Legally Described as: The South 11 Acres of that part of the West 20 acres of the Southwest '/4 of Section 30, Township 50 South, Range 42 East, lying south of the Dania Cut-off Canal; more fully described as that portion bounded by a line starting at the Southwest corner of said Section 30; thence easterly along the South boundary of said Section 30, a distance of 530.14 feet; thence North making an included angle of 85 DEG 45 MIN 10 SEC a distance of 925.68 feet more or less to a point on the West boundary of said Section 30, 886.69 feet North of the Southwest comer of said Section 30; thence Southerly along the West boundary of said Section 30, a distance of 886.69 feet to the point of beginning; said lands situate, lying and being in Broward County, Florida, a/k/a Real Estate and improvements located at 3901 Griffin Road, Fort Lauderdale, Florida, known as "Aqua Isles Mobile Home Park." Being the same land described as: Beginning at the Southwest corner of Section 30, thence East along the south boundary 530.14 feet, North 925.96 feet, West 528.68 (feet) more or less to a point on the West boundary of Section 30, 886.69 (feet) North of the Southwest Corner; thence South along said West boundary 886.69 (feet) to the Point of Beginning, less (the) South 53 feet for county road, Section 30, Township 50 South, Range 42 East, lying and being in Broward County Florida, as set forth in that certain Trustee's Deed dated June 20, 1991, recorded September 12, 1991 in Official Records Book 18740, at Page 421, of the Public Records of Broward County, Florida. Also known as: BEGINNING at the Southwest corner of Section 30, Township 50 South, Range 42 East of Broward County, Florida; THENCE North 01 DEG 46 MIN 18 SEC West on the West line of the Southwest one- quarter (SW '/4) of said Section 30, a distance of 886.69 feet; Thence North 88 DEG 13 MIN 56 SEC East, a distance of 528.68 feet; Thence South 01 DEG 46 MIN 18 SEC East, a distance of 925.96 feet to a point on the South line of the Southwest one-quarter (SW '/4) of said Section 30; THENCE North 87 DEG 31 MIN 11 SEC West, on the South line of the Southwest one-quarter (SW 1/4 ) of said Section 30, a distance of 530.14 feet to the POINT OF BEGINNING; LESS AND EXCEPT the South 53.0 feet for County Road per Official Records Book 18740, Page 421 of the Public Records of Broward County Florida. Said lands being in the City of Dania Beach, Broward County, Florida and containing 451,005 square feet(10.35 acres), more or less. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. 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U '�1tn (o�(o'I(o OIO iO O10 O'O10 O Oi O'O:O.OiO'- M U > ¢ N N M M,co M CO MIM M;M IIM M MIM MIMIM MIM liN C4 NIN'N:'N N N NIN N:N;N'NiN Z Z'V V ViV iV VIV V V V V,V�51 V VIVIV V V V'V N� U p 2lvoiiLo X)i�u);Lr) nniuo->,+oniuo U� ILIi!Lo�Loiin in inoiin v ii cv CITY OF DANIA BEACH Agenda Item # 9 /� Agenda Request Database Date of Commission Meeting: 11/28/2006 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requestedl'A'cti`o - _td,nfify�approp�+a{eActionorM"�tiiuk} ..,� `. ,r RESOLUTION NO.2006-209 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN,APPROVED BY RESOLUTION 2006-127 ON JULY 25,2006, SUBMITTED BY CARR RESIDENTIAL,LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. lNttyAcfion�isrNece'ssaij '- . " VVhat�Acton Aaco ph" hes, ' � _ s x- Purchasing Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital:R. ❑ 'Sia marykExplanaton/Background 'j ,. "' ram., SP-36-05: The applicant, Matt Jackson, on behalf of the owner, Aqua Isle by Carr Residential, LLC., is requesting a site plan modification for the previous approved townhouse project located at 3901 Griffin Road. Ftscattfrtipa 1)'', t Su nt -y n` E httiits Attached ' _ Resolution Staff Report Application Location Map Site Plan Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2006-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN, APPROVED BY RESOLUTION 2006-127 ON JULY 25, 2006, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Matt Jackson, an engineer with Calvin Giordano and Associates,on behalf of the owner, Aqua Isles by Carr Residential, LLC, has applied for modifications to the site plan approved by Resolution 2006-127, relating to the proposed construction of 127 town homes, for property located at 3901 Griffin Road, Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposed modifications to the site plan (SP-36-05), for property located at 3901 Griffin Road, Dania Beach are approved, subject to the conditions previously approved by the City Commission and provided that documentation from the solid waste handler is submitted stating that the dumpsters are large enough to accommodate pick up 2 times per week. Section 2. Thatbased upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter 8,of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2006-209 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 28, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Lajoie, AICP, Principal PlannerC�l SUBJECT: AA-79-06/SP-36-05: The applicant, Matt Jackson, on behalf of the owner, Aqua Isle by Carr Residential, LLC., is requesting a variance and site plan modification for the previous approved townhouse project located at 3901 Griffin Road. VARIANCE To allow the maximum distance from the dumpster to a residential unit to be 1 85'; code requires a maximum distance of 1 50'. SITE PLAN Modification To allow the reduction of 2 dumpsters on a previous approved site plan. On July 25, 2006 the City Commission conditionally approved a site plan at this location for the construction of 127 town homes. ANALYSIS The City Code requires no dwelling unit be greater than 150 feet from a dumpster. The approved plan, with six dumpsters, meets this requirement. The applicant wishes to eliminate two of the six dumpsters, claiming that four dumpsters are sufficient if trash is picked up 3 times per week. However, many units are now 180 feet from a dumpster, requiring the variance. Staff has no objection to the travel distance variance. Applicant has indicated that the HOA documents will require 3X per week pickup. However, the City has no authority to enforce HOA restrictions. RECOMMENDATION Because the City cannot enforce HOA regulations, staff recommends sufficient dumpster capacity be available to accommodate the standard RX week) residential pickup. Staff can support the variance and site plan modification provided the solid waste handler documents the dumpsters are large enough to accommodate 2X week pickup. City of Dania Beach, Florida - -- Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request �D �,a ❑ Rezoning CtUt. � Date Rec'd: ❑ Site Plan ❑ Special Exception OAT 1 6 2006 Petition No.: b US M ❑ Special Request ❑ Trafficway Waiver P63nt1dr9g9 ❑ Variance El Vacation Request Department I Other: Site Plan Amendment 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 farm 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. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 3901 Griffin Road, Dania Beach, FL 33004 Lot(s): N/A Block: N/A Subdivision: _N/A Recorded Plat Name: N/A Folio Number(s): 0230-00-0280 Legal Description: See attached Exhibit A Sb4a 30 cti; C'),Yo Applicant onsultan Legal Representative (circle one) Matt Jackson Address of Applicant: 1800 Eller Drive, Suite 600, Fort Lauderdale, FL 33316 Business Telephone: 954 921-7781 Home: _ Fax: 954 921-8807 Name of Property Owner: Carr Residential Address of Property Owner: 1560 S. Dixie Hwy, Suite 211, Coral Gables, FL 33146 Business Telephone: 305 666-4900 Home: Fax: 305 666-8886 Explanation of Request: Reduce number of dumpsters to 4 from 6 Prop. Net Acreage: 10.35 _ Gross Acreage: 11,266 Prop. Square Footage: N/A Existing Use: _Vacant Proposed Use: _Multi Family Residential Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. oh Mali Torero Applic /Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed beforeme A t/Consultant/Representative: �( ri This day of ' 20" n Signature: MOV �^ Date: dl 0 c 4- 0 G Sig ame No ry Public (Print Name) iStat of o✓� ) -)OVLO-A Y )'l C lzoo fir S'" '4e !oo e3 Print Name of Notary Street Address, City, State and Zip Code Y+' d LORNA S.NEWTON - - Co `2 ie�'ranec-smote of florlda (s;s yz/- 779/ �ffy) yz ►- >'9 0 Se Cam �FpS�07 Telephone No. & Fax No. Cornmlalon#fM199096 '•,P„h.•" gpidedByNppagtNptayptyn. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This _day of_ 20_ Signature: Date: Sign Name of Notary Public^ (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: _ Seal: Telephone No. & Fax No. C CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) La)-;-J, z6'o AAre d / Maf� Twot(aoto make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Aav ZSC ES 6V e4,012 PESioE�TiAL, L l C This/day of 00-710&1 2000 Signature: Date: A>n (Print Name) Sign Name of Notary Public (Print Title) State of( IBC U,2//JA) _Teresa A . Ta /560 . S. 6txr e Nwyzii Print Name of Notary S eet AddYes&, ity, State and Zip Code UyYal LroEJ ee 331y&, Co /r76N� 3o5-Ulo(o= yye'o .305 Colo(o-£r�BG Sea "'° Telephone No. & Fax No. 'J' s-, Notary Pubk•SUb of Fbdda • W mud im Exphs Jul B 2009 CmanWm0DD//0W Bpded Naft" Ana. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_ day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of ( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. r � CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET "` '� .PLE 'SE�REVIE1NrSITE PLAN AND RETURN'WITH,COMMENT�S;IF ANY ,. - Route Date 0 16/2006 _ PZ Log ISP-36-OS Mod. VA-79-06 Project Igqu _ Folio 80-42-30-00-0280 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up In-house ❑ Fire Marshal ❑ Landscape DV BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted Denied❑ Comments must address prior Approved w/conditions ❑ to PZ/Commission hearing Ir��, List Conditions ut7[�OVE � 12006 Planning Department Signature Date I T rm CLea c� Print Name October 19, 2006 MOTTO MEMORANDUM t�+ OCT 19 2006 TO: Corrine Church Planning FROM: Patti Hoot-McLeod Department Landscape Consultant RE: Aqua Isles Dumpster Variance Please provide the following information and/or changes to meet code requirements: • The landscape plan as submitted exceeds the City of Dania Beach, landscape requirements and there are no negative impacts to the approved landscape plans as a result of this request. Respectfully submitted Patti Hoot-McLeod RESOLUTION NO. 2006-127 I A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Carr Residential LLC has applied for site plan approval with the assignment of up to 17 reserve units(LUF-19-05)and a waiver to allow 37%pervious area(the Code requires 40% of pervious area) to construct 127 townhomes, for property located at 3901 Griffin Road, Dania Beach; and WHEREAS,the Planning&Zoning Board on January 18,2006,recommended that the City Commission grant the site plan request(SP-36-05),based upon the criteria set forth in Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (SP-36-05) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the following conditions: 1. Provide $381,845.74 local park impact fee prior to issuance of building permits. 2. Show location of all over-head lines (telephone, power, etc.) on landscape plan. 3. Provide letter from solid waste company stating number and size of dumpsters provided is sufficient based on two pickups per week. 4. Provide dock approval documentation from DPEP. 5. Compliance with City Zoning Appendix dock requirements. 6. City Attorney to approve condominium disclosure language acknowledging current airplane over-flights(includingBCAD's decision to permit commercial air traffic)and planned south runway expansion. 7. The recorded condominium document(including city attorney approved language)shall be provided to the City prior to issuance of any development permits. 8. Applicant shall provide a tree valuation analysis to be evaluated by the City Landscape. 9. A tree bond and mitigation fee may be required pending analysis of Item 8 and 9. 10. Installation of impact resistant windows in lieu of shutters. 11. Fire Flow Calculations.Please provide fire flow calculations to be prepared by a professional engineer currently licensed in the state. All calculations must be in accordance with the Guide for the Determination of Required Fire Flow, , published by the Insurance Services Office (Appendix A) December 1974 edition (Fire Marshall). 12. Approved Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into the jurisdiction. [1:18.3.1*] (See NFPA 1141 as a reference for additional water supply and fire flow information—for minimum number of required hydrants and distribution) — provide a fire flow test to be witnessed by the fire prevention bureau to determine adequate water supply. This must be scheduled through the fire prevention bureau (954) 924-3635(Fire Marshall). 13. Hydrant Detail Requirements. Please provide additional hydrant detail to indicate a steamer opening size of 4.5 inches with 4 National Standard Threads per inch (Fire Marshall). 2 RESOLUTION#2006-127 14. Blue Reflective Hydrant Markers. Provide a note for hydrant markers. One blue double- reflective department of transportation type road marker is to be adhered to the hard surfaces roadway in the middle of the lane nearest to &directory in front of the newly installed fire hydrants (Fire Marshall). 15, Landscape/Greenscape Obstructions. Provide a note on the landscape plan submittal for clearance requirements for the fire department with regards to landscape/greenscape. 16. Fire Hydrants — Clearances of 7'6" in front of and to the sided of any hydrant with a4' clearance to the rear of any hydrant must be maintained.Vertical clearance of 14' is required for all tree canopies over drive aisles and fire department access roads. Fire Protection Appliances—Clearances of 7'6"in front of and to the dies of any appliances(Fire Marshall). 17. Backflows Required. Provide the locations of the backflow prevention assemblies. i 18. Impact Protection for Backflow Preventions. Provide impact protection detail for the backflow preventors. Permanent Barrier — Fire Hydrants, Backflow Preventors, Fire Department Connections and any other Fire Protection Appliances located in parking areas shall be protected permanent barrier approved by the fire chief that will prevent physical damage from vehicles. Three inch steel pipe buried three feet deep,three feet high&spaced thee feet apart, filled with concrete and capped are acceptable (Fire Marshall). 19. Siamese Connection Required. Where such docking facilities are inaccessible to Fire Department equipment, or exceed 150 feet from Fire Department vehicular access, a 2.5" Fire Department Siamese connection shall be provided. Location of Siamese shall be approved by the Fire Department [BCA F-26.4] (Fire Marshall). 20. See the Fire Marshall's comments dated 1/19/06 & 11/15/05 for hose station spacing requirements (Fire Marshall). 3 RESOLUTION#2006-127 It is further noted that the original Site Plan is maintained in the office of the Community f Development Department of the City of Dania Beach. Section 2. That based upon the criteria set forth in Section 84(p)of Article I of Chapter 8, of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on July 25, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORA AND CORRECTNESS n I BY: THOMASJ.ANSBRO CITY ATTORNEY 4 RESOLUTION#2006-127 i i i i i Location Map i may- t-0 ana CO -2 r_D i�— �► may rn 'N 4 C Q T �. Q Site -R9 ----- S-5 1 � r r L 4 RS-5 f 'it NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH,FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS GIVEN that on November 28, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following Ordinances: ORDINANCE NO. 2006-038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION", PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, ORDINANCE NO, 2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,(954)924-3623 at least 48 hours prior to the meeting. /s/Louise Stilson Run in Sun Sentinel: November 17,2006 City Clerk