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HomeMy WebLinkAbout31352 - MINUTES - City Commission lY MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 22, 1986 INVOCATION - Wanda Mullikin PLEDGE OF ALLEGIANCE ROLL CALL : Present - Mayor : John Bertino Vice Mayor : Chester A . Byrd Commissioners : Jean Cook Howard Hirsch Charles McElyea City Attorney : Frank Adler City Manager : Eugene Jewell City Clerk : Wanda Mullikin Police Chief: Gilbert Thivener Building Official : Paul Maxwell j 1 . CONSENT AGENDA Minutes 1 . 1 Regular Commission Meeting, June 24, 1986 . _ 1 .2 Regular Commission Meeting, July 8, 1986 . 1 . 3 Special Commission Meeting, July 14, 1986. Y- Building 8 Zoning Ordinances (First Reading) 1 . 4 PL-33A-86 - PETITIONER - M.E . Berry ; OWNER - Robert R . Krilich . Property located at Stirling Road and SW 18th CT . A Plat approval request for the Krilich Plat (Containing 161 .601 sq . ft . ) more or less . The title of an ordinance of the City of Dania , Florida , approving the plat of "Krilich Plat" , was read by City Attorney Adler . Administrative Ordinances (First Reading ) - None a A motion was made by Vice Mayor Byrd, seconded by Commissioner f Cook to approve the consent agenda . ( t The motion passed on the following roll call vote : I Commissioner Cook -yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes III Commissioner McElyea-yes 2 . PRESENTATIONS - none 3. BIDS (Closing 8: 15 p .m. ) *(at this time agenda items 3 .2 and 3, 3 were addressed ) i i ** 3 . 1 Receipt of bids for work contained in the project " U. S . N1 I Landscaping Plan" A motion to close receipt of bids was made by Commissioner €i Hirsch, seconded by Commissioner McElyea . The motion passed unanimously . *** Bids for the work contained in the project "U.S .H1 Landscaping Plan" were open and read by City Manager Jewell as follows : i i Regular Commission Meeting 1 July 22, 1986 i Signa Corp . , items 1-7 $54, 036 Brooks Wyldwood Tropical Nurseries, items 1-7 $39, 209 .86 A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to remand the bids to the City Manager for recommendation at the next meeting . The motion passed unanimously . i * 3 . 2 Recomendation on awarding of bid on " Demucking - Project IMPAC" City Manager Jewell recommended awarding the bid for the Demucking-Project IMPAC to Butch ' s Trucking in the amount of $9, 695 . This was the only bid received , however it meets with the approval of Broward County and is under the amount projected for the project . A motion was made by Vice Mayor Byrd , seconded by Commissioner Cook to approve awarding the bid for Demucking-Project IMPAC to Butch ' s Trucking in the amount of $9, 695 . 00 . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 3 . 3 Request permission to bid for construction of S.E . 5th Ave . from Dania Beach Blvd . South to S .E . 3rd Place. City Manager Jewell explained that the developers of Watermark and Meadowbrook Lakes were responsible for the construction of , .. approximately 600 to 750 feet of road and that the funds have already been received from Watermark . He is working with the developers of Meadowbrook and will present a recommendation on funding when the bids are received . A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to grant permission to bid this project . The motion passed unanimously . 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS Building E Zoning (Second and Final Reading) 4. 1 PETITIONER - Richard Percic ; OWNER - William Stewart, Jr . Property located at 999 North Federal Highway . A. PUBLIC HEARING - RZ-11-86 - A Rezoning Request (Containing 2. 8 acres , more or less) to change from RD-6000 ( Duplex ) to C-3 (Commercial ) . The title of an ordinance rezoning the following described j lands, to-wit : the east 1 /2 of the northwest 1/4 of the k northeast 1/4 of the northwest 1/4 of section 34, township 50 south, range 42 east, less the west 150 feet thereof, from zoning classification of RD6000 to C-3 zoning was read by City Attorney Adler for second and final reading . Petitioner Richard Percic explained the reason for requesting the rezonina and land use flex change for the orODerty located ! at 999 N . Federal Highway and New Griffin Road . Since the front 10 acres are zoned C-3 and the back 5 acres are zoned RD-6000, they are making the request to allow for conformity . The owners request a rezoning of 2 .8 acres from RD-6000 to C-3 . A 150 foot buffer would remain at RD-6000 zoning to protect the single family homes to the West of the parcel . At present , the intent is that the property remain a Mobile Home Park . L ++� Regular Commission Meeting 2 July 22, 1986 3 i f Several residents of the Mobile Home Park objected to the change . City Attorney Adler explained what their position would be if the property was sold and no longer operated as a Mobile Home Park . ** ( at this time, approximately 8: 15 p .m . , receipt of bids for item 3. 1 was closed ) . Attorney Hall , representing the home owners , explained legislation specifically protecting owners of Mobile Homes . Bob Mikes expressed concern that there is no requirement for a traffic impact study under the C-3 zoning classification . Building Official Maxwell stated that under the conditions of the City comprehensive land use plan a traffic impact study could be required . The differences in C-3 and IRO zoning were discussed . At this time, the petitioner agreed to amend the rezoning request to IRO for the 2.8 acres . A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to accept the petitioner ' s amendment . The motion passed i unanimously . A motion was made by Commissioner Hirsch, seconded by Vice-Mayor f Byrd , to grant the request to rezone 2 .8 acres to IRO. The motion passed on the following roll call vote : i Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes *** ( at this time bids were opened and read for item 3. 1 ) B . LUF-12-86 - A Land Use Flex Change to assign 2 .8 acres, more or less of Commercial Flex Acreage, subject to determination of Major Employment Center. Mayor Bertino stated that this item is to be excluded from the agenda due to the fact that the petitioner amended his request in item 4. 1 . 4. 2 PETITIONER/OWNER - Michael L . Thomas ; Property located at Tigertail Boulevard ( NW 1 Street ) and Bryan Road . A. PUBLIC HEARING - RZ-24-86 - Rezoning Request to change from IG ( Industrial ) and A-1 ( Agriculture ) to IRO ( Industrial -Research-Office ) . City Attorney Adler read the title of an Ordinance of the City of Dania , Florida, rezoning a parcel of land located at i Tigertail Blvd and Bryan Road from IG and A-1 to IRO for second and final reading . j i Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Vice-Mayor Byrd , seconded by Commissioner McElyea to approve RZ-24-86. The motion passed on the following roll call vote : j Commissioner Cook-yes Vice Mayor Byrd-yes ! Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes Regular Commission Meeting 3 July 22, 1986 i 1 I 1 B . LUF-25-86 - A Land Use Flex Change to assign 9 .00 acres of Commercial Flex Acreage, subject to determination of Major Employment Center . A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to approve the land use flex change . The motion passed on the following roll call vote : iCommissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 4. 3 PETITIONER - Phoenix Group II ; OWNER - Nisa Industries , Inc . Property located at Taylor Road Extension . A. PUBLIC HEARING - RZ-43-86 - A Rezoning Request ( containing 3. 0 acres, more or less) to change from IG ( Industrial General ) to IRO ( Industrial Research Office) . An ordinance of the City of Dania, Florida , rezoning 3 .0 acres more or less from IG to IRO was read by City Attorney Adler for second and final reading . 1 Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . I A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to grant the rezoning . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i B . LUF-42-86 - A Land Use Flex to assign 3 . 0 acres, more or less of Commercial Flex Acreage (20% Rule) . Motion by Commissioner Cook, seconded by Commissioner McElyea to approve the request . The motion passed on the following roll call vote : Commissioner Cook -yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes C . PUBLIC HEARING - SE-49-86 - A Special Exception request for a Hotel facility in an IRO zoning district . Petitioner - Phoenix Group II ; I j The representative for The Phoenix Group explained that the project would be family oriented and similar to a cluster of Y Towne Houses , without the impact of a lobby or convention halls . f j Mayor Bertino opened the public hearing . Hearing no one speak in f.vnn nr nnnneifinn ♦ 6n Ale. .. I . -A ♦L.. ....61 : .. 6---t -- I ♦nQ vu. I I "Cal iny . A motion was made by Commissioner Cook , seconded by Commissioner I Hirsch to approve the special exception . r The motion passed on the following roll call vote : I Commissioner Cook-yes Vice Mayor Byrd-yes I :� Commissioner Hirsch-yes Mayor, Bertino-yes Commissioner McElyea-yes I wJ ;: , July 22, 1986 Regular Commission Meeting 4 I k 1 1 4 . 4 PETITIONER/OWNER - Ivory McCutcheon . Property located at 706 NW 1st Street . A . PUBLIC HEARING - RZ-45-86 - A Rezoning Request ( containing 0. 20 acres , more or less ) to change from RD-6000 ( Duplex ) to C-2 (Commercial ) . City Attorney Adler read the title of an ordinance rezoning .20 acres more or less from RD-6000 to C-2 for second and final s reading . , i Mr . McCutcheon stated the reason for requesting the rezoning was to operate a barbecue restaurant on the property . Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Cook, seconded by Vice-Mayor Byrd to approve the rezoning . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes E Commissioner McElyea-yes B . LUF-46-86 - A Land Use Flex Change to assign 0. 20 acres , more or less , of comercial flex acreage ( 5% Rule) . t 4, A motion was made by Commissioner Cook , seconded by Commissioner McElyea to approve the flex change . The motion passed on the following roll call vote : Commissioner Cook -yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 4. 5 PETITIONER/OWNER - Ivory McCutcheon . Property located at the i corner of NW 8th Ave . and NW 1st . St . A . PUBLIC HEARING - RZ-47-86 - A Rezoning Request ( containing 0. 25 acres, more or less ) to change from RD-6000 (Duplex ) to C-2 (Commercial ) . The title of an ordinance rezoning .25 acres, more or less from RD-6000 to C-2 was read for second and final reading by City Attorney Adler . f Ivory McCutcheon , petitioner, explained he intended to build a small office complex and laundromat on the property . i Mayor Bertino opened the public hearing . Hearing no one speak j in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Cook , seconded by Commissioner McElyea to approve the rezoning request . The motion passed on the following roll call vote : 1 �1 { Commissioner Cook-yes Vice Mayor Byrd-yes i Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes B . LUF-48-86 - A Land Use Flex Change to assign 0. 25 acres, more or i less, of commercial flex acreage ( 5% Rule) . A motion was made by Commissioner Hirsch, seconded by ICommissioner Cook to approve the flex change. L Regular Commission Meeting 5 July 22, 1986 The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 4. 6 PETITIONER/OWNER - John Bond . Property located at Taylor Road Extension . PUBLIC HEARING - RZ-51-86 A Rezoning Request (containing 12 . 6 acres , more or less ) to change from IRO ( Industrial Research Office) to PEDD (Port Everglades Development District ) . An ordinance rezoning 12.6 acres , more or less from IRO to PEDD was read by City Attorney Adler for second and final reading . John Bond, peititoner, stated the reason for requesting the change was to be consistent with the City ' s Land Use Plan . Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Cook , seconded by Commissioner McElyea to approve the adoption of the ordinance . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes " g Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes ar- 4. 7 PETITIONER - Ed Waller : Owner - Nick Nolter, Solic Properties . Property located at 1301 S . Federal Hwy . PUBLIC HEARING - SE-39-86 - A Special Exception request for ? entertainment use . The petitioner explained to the Commission that he intended to have only wholesome entertainment . Mayor Bertino opened the public hearing, several residents commented on past experience with entertainment in that area and also requested a buffer be erected along the parking lot . Petitioner agreed to erect a fence and landscaping as a buffer . A motion was made by Vice-Mayor Byrd , seconded by Commissioner Hirsch to grant the special exception with the condition that there be no nude entertainment , a buffer of vegetation on three sides of the parking lot, and review of the special exception request in one year . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-no 4.8 PETITIONER - M . E . Berry : OWNER - Victory Villas , Inc . Property I t 1- n 6e�. . CLI I + C4 nania RPafh IULaLeU G . - _ __ _ I Blvd . PUBLIC HEARING - VC-44-86 - A Vacation Request to vacate SW 11th Ave . I City Attorney Alder read the title of a Resolution vacating a j I portion of SW 11th Ave . 1 Mayor Bertino opened the public hearing . Hearing no one speak ti Lin favor or opposition, the Mayor closed the public hearing . There was some discussion of the City ' s right of way in that area . Regular Commission Meeting 6 July 22, 1986 _ -«I i I A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to approve the vacation Resolution subject to the dedication of an utility easement . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i 4. 9 PETITONER/OWNER - Elias Gunnell : Property located at 775 Taylor Lane . A . PUBLIC HEARING - VA-40-86 - A Variance request to construct boat sheds to a maximum height of 60 ' and boat construction building to a maximum height of 50 ' (Maximum 35 ' permitted ) . Petitioner explained the request and showed a conceptual design of the project . Mayor Bertino opened the public hearing . Several area residents objected to the variance. A motion was made by Commissioner McElyea, seconded by Commissioner Hirsch , to deny the variance request . j The motion passed on the following roll call vote : I Commissioner Cook -yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes B . SP-09-86 A Site plan approval request to construct boat sheds ,r and boat construction building in an IG ( Industrial general ) zoning district . { 1 F No action was taken on this since item 4. 9 A was denied . i j i Administrative Ordinances ( second & final reading ) 4 .10 City Attorney Adler read the title of an ordinance amending j Section 10. 33 of Chapter 28 of the 1980 Code of Ordinances providing for the method of appeal from decisions of the City Commission on petitions for zoning ordinances for second and final reading . Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve the ordinance . The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes 1 Commissioner McElyea-yes 4. 11 City Attorney Adler read the title of an ordinance repealing Sections 6-32. 6-33. 6-33 . 1. 6-34. 6-35. 6-37 . 6-38. and 6-39 of i Chapter 6 of the 1980 Code of Ordinances and enacting new i provisions for collecting parking fees, for second and final { reading and outlined the following changes that were made since f the first reading : j Section B . " the word "resident" as used herein shall mean a f I person who lives year round in the City and submits a voters registration card and Florida drivers ' license or other evidence satisfactory to the City Manager that establishes year round residency . Regular Commission Meeting 1 July 22, 1986 Al.w.w......._.. . 1 Section E . "duplicate parking stickers will be issued for lost or stolen permits providing that acceptable evidence of loss or theft is submitted to the City Manager to establish same . 11 Mayor Bertino opened the public hearing . Mr. Carroll spoke in j favor of the ordinance . The Mayor then closed the public hearing . i A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to approve the ordinance as amended . j I The motion passed on the following roll call vote : Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 5. SITE PLAN REQUEST 5. 1 SP-10-86 - PETITIONER/OWNER - James Pag . Property located at 595 East Dania Beach Blvd . A Site Plan Request for a Motel and Office facility in a C-3 District . Mayor Bertino opened the public hearing . Several residents spoke in opposition to the request . i Mayor Bertino passed the gavel and made a motion to continue I this item until the next meeting . The motion was seconded by Commissioner Hirsch and passed unaminously . ! 6. EXPENDITURE REQUESTS j 6. 1 Request by Police Chief Thivener that the City reimburse the participants of the Annual Florida Police Olympics held in Tampa on June 16-20, 1986 . Four (4 ) participants @ $125.00 each , Totaling $500.00 . A motion was made by Commissioner Hirsch, seconded by { Commissioner Cook , to approve the request . Commissioner McElyea donated $100 . It was generally agreed that this is a Police Dept . function and the individuals wishing to be reimbursed should submit the proper travel form vouchers . jThe motion passed with Vice-Mayor Byrd and Commissioner McElyea voting ' no ' . 1 6 . 2 Request by Police Dept . to replenish $1 , 880 .06 to the Investigative Account , from the Law Enforcement Trust Fund . A motion was made by Commissioner Hirsch, seconded by ti Commissioner McElyea to approve the expenditure request . The motion passed unaminously . 7 . SPECIAL REQUESTS 1 7 . 1 Request by Ft . Lauderdale Airport Hilton to temporarily hang a 1 sign stating " HILTON OPEN DECEMBER 1986" , until permanent sign is in place . Also added to this was a request to include a cold 1 air balloon . A motion was made by Commissioner Cook , seconded by Vice-Mayor Byrd to allow a temporary sign and air balloon stating " Hilton , 3 open December 1986 in Dania" . The motion passed with Commissioner Hirsch opposing . j 8. APPOINTMENTS 8. 1 Appointment of an Engineer ( if possible ) to the Code Enforcement g Board to take the place of Arthur Benjamin/per his resignation €€ i effective July 2, 1986 . (Note Appointee must reside in Dania) . f Mayor Bertino nominated Michael Burgio , a CPA, in lieu of an engineer . i Regular Commission Meeting 8 July 22, 1986 i i i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to appoint Michael Burgio to the Code Enforcement Board . The motion passed unaminously . 9. DISCUSSION 9. 1 Discussion and possible action regarding status of Ms . Elizabeth Breeschoten to the Code Enforcement Board . (continued from Special Meeting of 7/14/86 ) . No action was taken on this item pending the outcome of Ms . Breeschoten ' s attendance at the next meeting . 10. CITIZENS ' COMMENTS - none I 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager Jewell requested clarification from the Commission of their desire to amend Ordinance 100 to provide for a traffic survey in C-3 and C-4 zoning . The Commission agreed that they wished to have the City Attorney prepare an amendment . i j 11 . 2 City Attorney Adler stated that an amendment to Ordinance 100 would not be necessary as the Commission could require a traffic study when a zoning change was requested if they felt it was necessary . j 12. COMMISSION COMMENT 12. 1 Commissioner Cook asked the City Manager to report on the signal light at 5th Ave . and Sheridan . City Manager Jewell reported that the poles are due to be delivered on August 1, and construction is scheduled to begin at that time . i 12 . 2 Commissioner Hirsch submitted 3 tickets to see President Reagan to the City Manager and requested that they be given to who ever requests them . 12. 3 Commissioner McElyea requested a " No Dumping" sign at SW 12th St . and 2nd Ave . He also complained about A-1 Rent-a-Car operating without an occupational license . A discussion ensued regarding the method which should be used to ensure that violators of the City Code are prosecuted . 12 . 4 Vice Mayor Byrd suggested consistency in requesting that businesses properly identify themselves with Dania . 12 . 5 Mayor Bertino asked that the minimum size of rental units be established . This Regular Commission Meeting was then adjourned. i �7 XITY CLERK-AUDITOR L Regular Commission Meeting 9 July 22, 1986 i AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 22 , 1986 8 : 00 P .M. INVOCATION - PLEDGE OF ALLEGIANCE ROLL CALL 1 . CONSENT AGENDA Minutes 1 . 1 Regular Commission Meeting , June 24 , 1986. 1 . 2 Regular Commission Meeting , July 8 , 1986 . 1 . 3 Special Commission Meeting , July 14 , 1986. j Building 8 Zoning Ordinances (First Reading) I 1 .4 PL-33A-86 - PETITIONER - M. E . Berry ; OWNER - Robert R . Krilich . Property located at Stirling Road and SW 18th CT. A Plat approval request for the Krilich Plat (Containing 161 . 601 sq . _ ft . ) more or less . AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , APPROVING THE PLAT OF " KRILLICH PLAT" , SAME BEING : THE E 1 /2 OF THE W 112 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1/4 , LESS THE SOUTH 193 FEE"I THEREOF , IN i SECTION 33 , TOWNSHIP 50 SOUTH , RANGE 42 EAST , BROWARD COUNTY , r FLORIDA; AND LOTS 18 THROUGH 24 INCLUSIVE , BLOCK 1 , TOGETHER WITH LOTS 1 THROUGH 12 INCLUSIVE , BLOCK 2 ; ALL ACCORDING TO THE PLAT OF "DOUGLAS HILL" , AS RECORDED IN PLAT BOOK 12 , PAGE 45 , OF THE PUBLIC RECORDS OF BROWARD COUNTY , FLORIDA. SAID LANDS CONTAIN 3. 7099 ACRES ( 161 ,601 SQ. FT. ) MORT OR LESS ; AND ACCEPTING THE s DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "KRILLICH PLAT" ; AND PROVIDING THAT ALL :... ORDIANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE. i Administrative Ordinances (First Reading) - None 2 . PRESENTATIONS 3. BIDS (Closing 8: 15 p.m. ) 3 . 1 Receipt of bids for work contained in the project "U .S . #1 Landscaping Plan" 3 .2 Reccomendation on awarding of bid on "Demucking - Project IMPAC" 3 . 3 Request permission to bid for construction of S .E . 5th Ave. from Dania Beach Blvd . South to S . E . 3rd Place. i 1 OF R ! L� , i i T7 i 4. PUBLIC HEARINGS AND OTHER RELATED MATTERS Building A Zoning (Second and Final Reading) 4 . 1 PETITIONER - Richard Percic ; OWNER - William Stewart , Jr. Property located at 999 North Federal Highway . A. PUBLIC HEARING - RZ-11-86 - A Rezoning Request (Containing 2 .8 acres , more or less ) to change from RD-6000 (Duplex ) to C-3 (Commercial ) . { "AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REZONING THE j I FOLLOWING DESCRIBED LANDS , TO-WIT : THE EAST 1/2 OF THE NORTHWEST j 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1 /4 OF SECTION 34 , TOWNSHIP 50 SOUTH , RANGE 42 EAST , LESS THE WEST 150 FEET THEREOF , SAID LANDS SITUATE , LYING AND BEING IN BROWARD COUNTY , FLORIDA , FROM ZONING CLASSIFICATION OF C-3 AND RD6000 TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO . 100 OF THE i CITY OF DANIA , FLORIDA , AS SUBSEQUENTLY AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE . " B . LUF-12-86 - A Land Use Flex Change to assign 2 .8 acres , more or less of Commercial Flex Acreage , subject to determination of i Major Employment Center. j 4 . 2 PETITIONER/OWNER - Michael L . Thomas ; Property located at Tigertail Boulevard ( NW 1 Street ) and Bryan Road . A. PUBLIC HEARING - RZ-24-86 - Rezoning Request to change from IG ( Industrial ) and A-1 (Agriculture) to IRO ( Industrial -Research-Office ) . "AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: A PARCEL OF LAND BEING A PORTION OF SECTION 33 , TOWNSHIP 50 SOUTH , RANGE 42 EAST AND ALL j OF PARCEL "A" I M I LANDS AS RECORDED IN PLAT BOOK 116 , PAGE 24 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY , FLORIDA , SAID PARCEL ALSO BEING A PORTION OF LOT 3 AND ALL OF LOTS 1 AND 2 OF TIGERTAIL GROVE RESUBDIVISION AS RECORDED IN PLAT BOOK 30 , PAGE 20 OF SAID PUBLIC RECORDS , SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE_ AT THE NORTHWEST CORNER OF SAID 4 LOT 3 , SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 33 ; THENCE ON AN ASSUMED BEARING OF NORTH 87 j DEGREES 46 MINUTES 58 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 3 , SAID LINE ALSO BEING THE NORTH LINE OF THE SAID SE 1 /4 A J DISTANCE OF 40 FEET TO THE POINT OF BEGINNING : THENCE CONTINUE NORTH 87 DEGREES 46 MINUTES 58 SECONDS EAST ALONG SAID NORTH LINE A DISTANCE OF 1269. 34 FEET TO A POINT ON A LINE 40 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 33 ; THENCE SOUTH O1 0EGREES , 09 MINUTES, 03 SECONDS , EAST ALONG SAID PARALLEL LINE A DISTANCE OF 632 FEET TO A POINT s ON THE SOUTH LINE OF SAID LOT 1 : THENCE SOUTH 87 DEGREES , 49 MINUTES , 00 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOTS 1 , 2 Continued. . . . . 2 OF 8 a e E a kid ,i Continued RZ-24-86 . . . AND 3 A DISTANCE OF 1207 . 05 FEET TO A POINT ON A LINE 100 FEET F EAST OF AND PARALLEL WITH THE WEST LINE OF SAID LOT 3; THENCE x NORTH 01 DEGREES 21 MINUTES 24 SECONDS WEST ALONG SAID PARALLEL E. LINE A DISTANCE OF 25 FEET TO A POINT ON A LINE 25 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 3 ; THENCE SOUTH 87 DEGREES 49 MINUTES 00 SECONDS WEST ALONG SAID PARALLEL LINE A I DISTANCE OF 50. 01 FEET TO A POINT OF CURVATURE OF A NON-TANGENT B CURVE , CONCAVE TO THE EAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 87 DEGREES 49 MINUTES 00 ; SECONDS WEST ; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO l THE RIGHT , HAVING A CENTRAL ANGLE OF 20 DEGREES 32 MINUTES 38 SECONDS AND A RADIUS OF 425 FEET FOR AN ARC DISTANCE OF 152 .39 I FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY , NORTHERLY , AND NORTHWESTERLY j ALONG THE ARC OF SAID CURVE TO THE LEFT , HAVING A CENTRAL ANGLE OF 41 DEGREES 20 MINUTES 09 SECONDS AND A RADIUS OF 425 FEET FOR AN ARC DISTANCE OF 306 . 62 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST ; THENCE NORTHWESTERLY , AND NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT , HAVING A CENTRAL ANGLE OF 21 DEGREES 37 MINUTES 07 SECONDS AND A RADIUS OF 425 FEET FOR AN ARC DISTANCE OF 160 . 36 FEET TO THE POINT OF BEGINNING ; SAID LANDS SITUATE WITHIN THE CITY OF DANIA , BROWARD COUNTY , FLORIDA, CONTAINING 17 .91 ACRES ( 779 ,969 SQUARE FEET) , MORE OR LESS , FROM ZONING CLASSIFICATION OF IG TO IRO ZONING R CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA , FLROIOA , AS SUBSEQUENTLY AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE . " ( B . LUF-25-86 - A Land Use Flex Change to assign 9 . 00 acres of f Commercial Flex Acreage , subject to determination of Major Employment Center. z n 4 i i f I I I I f InFR j I i 4 . 3 PETITIONER - Phoenix Group II ; OWNER - Nisa Industries , Inc . Property located at Taylor Road Extension . A. PUBLIC HEARING - RZ-43-86 - A Rezoning Request (containing 3 .0 acres , more or less ) to change from IG ( Industrial General ) to IRO ( Industrial Research Office ) . AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT : THE EAST 416 .66 FEET OF THE WEST 516. 66 FEET (AS MEASURED ALONG THE NORTH LINE ) OF THE N 1/2 OF THE NW 1 /4 OF THE SE 1 /4 OF THE NW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH , RANGE 42 EAST , LESS THE SOUTH 30 FEET THEREOF . TOGETHER WITH : THE SOUTH 7 . 5 FEET OF THAT CERTAIN 15 FEET ROAD i RIGHT-OF-WAY ( NOW VACATED ) LYING NORTH OF AND ADJACENT TO THE 4 ABOVE DESCRIBED PARCEL . SAID LAND SITUATE , LYING AND BEING IN BROWARD COUNTY , FLORIDA , AND CONTAINING 3 . 0 ACRES MORE OR LESS , FROM ZONING CLASSIFICATION OF I-G TO IRO ZONING CLASSIFICATION g UNDER THE PROVISIONS OF ORDINANCE NO . 100 OF THE CITY OF DANIA, FLORIDA , AS AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN i CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND 1 PROVIDING FOR AN EFFECTIVE DATE . B . LUF-42-86 - A Land Use Flex to assign 3 .0 acres , more or less of Commercial Flex Acreage ( 20% Rule ) . C . PUBLIC HEARING - 5E-49-86 - A Special Exception request for a r Hotel facility in an IRO zoning district . Petitioner - Phoenix Group II ; 4 . 4 PETITIONER/OWNER - Ivory McCutcheon . Property located at 706 NW ~ 1st Street . A. PUBLIC HEARING - RZ-45-86 - A Rezoning Request ( containing 0 . 20 acres , more or less ) to change from RD-6000 (Duplex ) to C-2 (Commercial ) . AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT : LOT 1 TOGETHER i WITH THE NORTH 1 /2 OF LOT 2 , OF "SARATOGA" ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK 18 , PAGE 23 OF THE PUBLIC RECORDS OF BROWARD COUNTY , FLORIDA , FROM ZONING CLASSIFICATIONS OF RD6000 TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF i ORDINANCE NO .100 OF THE CITY OF DANIA , FLORIDA AS AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL : RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE w REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE . B . LUF-46-86 - A Land Use Flex Change to assign 0 .20 acres , more or less , of comercial flex acreage ( 5% Rule) . t I 4 OF 8 J I 4. 5 PETITIONER/OWNER - Ivory McCutcheon . Property located at the corner of NW 8th Ave and NW 1st St . A. PUBLIC HEARING - RZ-47-86 - A Rezoning Request (containing 0 . 25 acres , more or less ) to change from RD-6000 (Duplex ) to C-2 ( Commercial ) . AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT ; LOTS 22 & 23 , BLOCK 30 OF "THE TOWN OF MODELO" ACCORDING TO THE PLAT THEREOF , AS RECORDED IN PLAT BOOK B , PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY , FLORIDA , SAID LANDS SITUATED , LYING AND BEING IN THE CITY OF DANIA , BROWARD COUNTY , FLORIDA , FROM ZONING CLASSIFICATION OF i RD6000 TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO . 100 OF THE CITY OF DANIA , FLORIDA , AS SUBSEQUENTLY AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT : AND PROVIDING FOR AN EFFECTIVE DATE . B . LUF-48-86 - A Land Use Flex Change to assign 0 . 25 acres , more or less , of commercial flex acreage ( 5% Rule ) . 1 4. 6 PETITIONER/OWNER - John Bond . Property located at Taylor Road Extension. PUBLIC HEARING - RZ-51-86 - A Rezoning Request ( containing 12 . 6 acres , more or less ) to change from IRO ( Industrial Research Office ) to PEDD (Port Everglades Development District ) . AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT : A PORTION OF SECTION 23 , TOWNSHIP 50 SOUTH , RANGE 42 EAST , AND A PORTION OF SECTION 26 , TOWNSHIP 50 SOUTH , RANGE 42 EAST, ALL MORE FULLY DESCRIBED AS FOLLOWS : BEGINNING AT THE S 1/4 CORNER OF SAID SECTION 23 , THENCE SOUTH 2 DEGREES 16 MINUTES 58 SECONDS EAST , ALONG THE EAST LINE OF THE NW 1 /4 OF SAID SECTION 26 , A DISTANCE OF 15 .00 FEET ; THENCE SOUTH 88 DEG 6 MIN 48 SEC WEST , ALONG THE LINE 15 . 00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 26 , A DISTANCE OF 317 .89 FEET ; THENCE NORTH 2 DEG 2 MIN 11 SEC WEST , A DISTANCE OF 7 . 50 FEET; THENCE SOUTH 88 DEG 6 MIN 48 SEC WEST , ALONG THE LINE 7 . 50 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 23 , A DISTANCE OF 580 .60 FEET; THENCE NORTHERLY ALONG THE EASTERLY RIGHT-OF-WAY OF TAYLOR ROAD , THE FOLLOWING THREE COURSES AND DISTANCES ; NORTH 21 DEG 52 MIN 4 SEC EAST , A DISTANCE OF 203 . 12 FEET TO A POINT OF CURVE ; THENCE r NORTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 592. 98 FEET; e AND A CENTRAL ANGLE OF 45 DEG 6 MIN 12 SEC AN ARC DISTANCE OF 466. 76 FEET ; THENCE NORTH 12 DEG 45 MIN 46 SEC WEST , A DISTANCE OF 41 .99 FEET; THENCE NORTH 88 DEG 5 MIN 24 SEC EAST , ALONG THE NORTH LINE OF THE S 1/2 OF THE S 1/2 OF THE SW 1/4 OF SAID SECTION 23 , A DISTANCE OF 818. 67 FEET ; THENCE SOUTH 1 DEG 34 MIN 15 SEC EAST , ALONG THE EAST LINE OF SW 1 /4 OF SAID SECTION 23 , A y, Continued. . . a 5 OF 8 F r, i I F17- Continued RZ-51-86. . . . I R DISTANCE OF 674 . 73 FEET TO THE POINT OF BEGINNING . SAID LAND j 9 SITUATE , LYING AND BEING IN BROWARD COUNTY , FLORIDA , AND CONTAINING 12 . 6707 ACRES MORE OR LESS , FROM ZONING CLASSIFICATION { OF IRO TO PEDD ZONING CLASSIFICATION AS DEFINED UNDER THE ¢ PROVISIONS OF ORDINANCE NO . 100 OF THE CITY OF DANIA, FLORIDA , AS ? AMENDED ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT : AND PROVIDING FOR AN EFFECTIVE DATE . i a 4. 7 PETITIONER - Ed Waller ; OWNER - Nick Nolter , Solic Properties. Property located at 1301 S . Federal Hwy . PUBLIC HEARING - SE-39-86 - A Special Exception Request for entertainment use . i 4 .8 PETITIONER - M .E . Berry ; OWNER - Victory Villas , Inc . Property located at SW llth Ave . , between SW 1st St . and Dania Beach Blvd . j PUBLIC HEARING - VC-44-86 - A Vacation Request to vacate SW llth Ave . A RESOLUTION OF THE CITY OF DANIA , FLORIDA , VACATING CERTAIN STREET RIGHT OF WAY LEGALLY DESCRIBED AS : ALL THAT PORTION OF SW 11TH AVENUE AS SHOWN ON THE PLAT OF "HENRY PARK" , AS RECORDED IN PLAT BOOK 24 , PAGE 27 , OF THE PUBLIC RECORDS OF BROWARD COUNTY , FLORIDA , BONUNDED ON THE SOUTH OF THE NORTH LINE OF SAID BLOCK 2 . SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF DANIA , BROWARD q COUNTY FLORIDA ; AND PROVIDING THAT ALL RESOLUTIONS AND PARTS OF ; ti- RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE . 4 . 9 PETITIONER/OWNER - Elias Gunnell ; Property located at 775 Taylor Lane. s A . PUBLIC HEARING - VA-40-86 - A Variance request to construct boat f sheds to a maximum height of 60 ' and boat construction building 'i to a maximum height of 50 ' (Maximum 35 ' permitted ) . "x`°* B . SP-09-86 - A Site plan approval request to construct boat sheds and boat construction building in an IG ( Industrial general ) zoning district. Administrative Ordinances (Second 3 Final Reading) 4. 10 AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , AMENDING SECTION 10 . 33 OF CHAPTER 28 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA , �. FLORIDA , PROVIDING FOR THE METHOD OF APPEAL FROM DECISIONS OF THE CITY COMMISSION ON PETITIONS FOR ZONING ORDINANCES ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE DATE . t nr o u ur u @@ S' k' �` Administrative Ordinances (Second 6 Final Reading) Continued. . . 4. 11 AN ORDINANCE OF THE CITY OF DANIA , FLORIDA , REPEALING SECTIONS 6-32 , 6-33 , 6-33 . 1 , 6-34 , 6-35 , 6-37 , 6-38 AND 6-39 OF CHAPTER 6 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA , FLORIDA , AND ENACTING NEW PROVISIONS FOR THE COLLECTION OF PARKING FEES FOR BEACH ;DANIA N PROVIDING T L ORDINANCES ORDINANCES ANDALLRESOLUTIONSORPARTSOFRESOLLUTI S ONSINFCONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE . 5 . SITE PLAN REQUEST 5 . 1 SP-10-86 - PETITIONER/OWNER - James Pag . Property located at 595 East Dania Beach Blvd. A Site Plan Request for a Motel and Office i facility in a C-3 District . 6. EXPENDITURE REQUESTS 6. 1 Request by Police Chief Thivener that the City reimburse the participants of the Annual Florida Police Olympics held in Tampa on June 16-20 , 1986. Four (4 ) participants @ $125.00 each , 1 Totaling $500. 00 . I 6 . 2 Request by Police Dept . to replenish $1 ,880.06 to the Investigative Account , from the Law Enforcement Trust Fund . I 7. SPECIAL REQUESTS 7 . 1 Request by Ft . Lauderdale Airport Hilton to temporarily hang a sign stating "HILTON OPEN DECEMBER 1986 until in place. unt permanent sign is ; ,,._, I 8. APPOINTMENTS � t 8. 1 Appointment of an Engineer if possible ) to the Code Enforcement Board to take the place of Arthur Benjamin/per his resignation effective July 2 , 1986. (Note Appointee must reside in Dania ) , E 9 . DISCUSSION 9. 1 Discussion and possible action regarding status of Ms . Elizabeth Breeschoten to the Code Enforcement Board . (Continued from Special Meeting of 7/14/86) . i I I F f f 1 7 OF 8 L.� I J i 10 . CITI7_ENS ' COMMENTS - Comments by Dania citizens or interested j parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4 : 00 p .m, the second ( 2nd ) and fourth (4th ) Monday of each month . Comments of any nature will be responded to by the office of the City Manager . In the event that the concern remains unresolved , the citizen ( s ) or party will be asked to address the City Commission during the meeting . **Emergencies may be given to the Mayor , a City Commissioner or the City Manager prior to the beginning of the meeting . 11 . ADMINISTRATIVE REPORTS E 11 . 1 City Manager 1 11 . 2 City Attorney 1 f 12 . COMMISSION COMMENTS 12. 1 Commissioner Cook 12.2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Bertino ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY 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 BE BASED , v w- R F i 7 r t � I i 1 # F i i I f anFA I 1 J i i I ADDENDUM DANIA CITY COMMISSION REGULAR MEETING JULY 22, 1936 8:00 P.M. 7 . SPECIAL REQUEST 7 . 1 ADDITION TO PETITION OF THE FT. LAUDERDALE AIRPORT HILTON FOR BANNER SIGN TO ALSO INCLUDE A HOT AIR BALLOON . Requested by Mayor John Bertino. s f t 1 i 9 C i 1 ypr-. 1 e d i w f 1 i p i :non✓ i i i i i i i I