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HomeMy WebLinkAbout1985-07-23 Regular City Commission Meeting Minutes and Agenda MINUTES DANIA CITY COMMISSION REGULAR MEETING JULY 23 , 1985 I i i INVOCATION - Rev. Gilmore Benton , Dania United Methodist Church PLEDGE OF ALLEGIANCE ROLL CALL i Present - Mayor: Jean Cook Vice Mayor: Chester A. Byrd Commissioners : James Adams Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk : Wanda Mullikin Police Chief: Rudolf Rigo City Planner: Larry Leeds 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of July 9 , 1985 Regular Commission Meeting . A. Ordinances ( First Reading) - None ,W_ A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to approve the consent agenda. The motion passed unanimously. 2 . PRESENTATIONS - None 3 . BIDS 3. 1 Request to add to list of approved surplus items declared for auction, (1 ) Royal 50 PD Calculator; (1 ) Comptroller Calculator; ( 1 ) Concord Tape Recorder S .N. 035593 . I A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to declare the tape recorder and two calculators surplus and add them to the list of approved surplus items declared for auction . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 . PUBLIC HEARINGS Ordinances (second and Final Reading) i i 4 .1 An ordinance amending Section 5 . 15 of Chapter 28 of the 1980 City Code of Ordinances to provide for the construction of dwelling units on platted lots less than sixty ( 60 ) feet in width was read for second and final reading by Mayor Cook. City Planner Leeds explained the terms of the ordinance I whereby a plot consisting of a single lot of record not less E i than fifty (50) feet in width and held in separate ownership may be utilized for a two-family dwelling and reported that I ' the Planning and Zoning Board recommended approval. During discussion, City Attorney Adler explained the benefits of the ordinance , saving time and expense for the Commission and for the owner of a platted single lot fifty feet in width j Regular Commission Meeting 1 July 23 , 1985 ) that meets the square footage requirements by removing the necessity to seek a variance to build a duplex on the lot. Mayor Cook opened the public hearing. Hearing Bob Mikes and Vincent Carroll comment in opposition to blanket approval , favoring the variance procedure, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by vice Mayor Byrd to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: i Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .2 An ordinance amending Ordinance No. 268 as amended by Ordinance No. 20-84 , by correcting a scrivener' s error at paragraph 8 of Section 15 thereof to reflect the proper Florida Statute was read for second and final reading by Mayor Cook. Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i A motion was made by Vice Mayor Byrd, seconded by Commissioner Adams to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes W' 4 .3 An ordinance amending Chapter 8 of the City Code to create Section 8-98 establishing an Interim General Services Fee was read for second and final reading by Mayor Cook. Mayor Cook opened the public hearing. Hearing no one speak j in favor or opposition, the Mayor closed the public hearing. City Attorney Adler reported that Sec. 8-98 , paragraph d) reads "$41 .00 per unit" in error and is being corrected to read "$35 .00 per unit" . W A motion was made by Vice Mayor Byrd, seconded by Commissioner Adams to adopt the ordinance establishing an Interim General Services Fee on second and final reading . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .4 (PL-37-85 , Plat Approval request for "Waterway Marina" Plat ( 1 .72 acres+) , Petitioner - M.E. Berry II , Owner - Pag Brothers, Inc. ; 1400 block of Old Griffin Rd . , located on the S/s of Old Griffin Rd. , E/o the C-10 Canal , N/o the FPL Right ( of Way. ) An ordinance approving the plat of "Waterway Marina" was read j for second and final reeding by City Attorney Adler. j I i Mayor Cook opened the public hearing . Hearing no one speak in favor or opposition , the Mayor closed the public hearing. Barry Willis, Director of Platting for Berry and Calvin, j 1 verified that there are no problems with F.P .6 L. The Planning and Zoning Board recommended approval . A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to adopt the ordinance on second and final reading. The motion passed on the following roll call vote: Regular Commission Meeting 2 July 23 , 1985 Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes ; 4 4 . 5 (PL-38-85 , Plat Approval request for "Stirling Industrial Park" Plat (4 .8 acres+) , Petitioner - M.E. Berry II , Owner - Pag Brothers, Inc. ; located W/o SW llth Ave. & approx. 650 ' N/o Stirling Rd . , bound on the West by the C-10 Canal and on the North by West Dania Beach Blvd. extended, located N/o NE 1.200 block of Stirling Rd. ) City Planner Leeds reported that the legal description for Stirling Industrial Park Plat has been revised. An ordinance approving the Plat of. "Stirling Industrial Park" as revised was read for second and final reading by City Attorney Adler. Mayor Cook opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. Mayor Cook declared that she has a financial interest in this item. During discussion of trafficways, it was determined that the plat was designed with rights-of-way provisions to facilitate the connection of SW 12th Avenue with Dania Beach Blvd. ` A motion was made by Commissioner Adams , seconded by Vice Mayor Byrd to adopt the ordinance approving the Plat of 1W_. "Stirling Industrial Park" on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes ? Commissioner Hirsch-yes Mayor Cook-abstain Commissioner McElyea-yes 4 . 6 ( PL-40-85 , Plat Approval request for "Governor Dan ' s Plat Number 1" (0 .88 acres+) , Petitioner - Charles S . Dale, Jr. , Owner - First American Service Corp. ; located at the SE corner of the intersection of U.S.#1 and SE 7th St . , 701 S. Fed. Hwy. ) An ordinance approving the plat of "Governor Dan' s Plat Number 1 " was read for second and final reading by City Attorney Adler. i Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. During discussion, the owner' s representative said that the original intended usage of the site was for a quick-change oil service center, which is still a considered usage, but is now not definite. When asked if the owner would be willing to tear down the two old buildings currently on the site , the owner' s representative said he was not in a position to respond, but would relay the inquiry to the owner. ( A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to continue the second and final reading of the ordinance approving the plat of "Governor Dan' s Plat Number 1 " until the next regular Commission meeting of August 13 , 1985 , to allow time for the owner to respond to the inquiry re tearing down the two old buildings. The motion passed on the following roll call vote: �. Commissioner Adams-yes Vice Mayor Byrd-yes [ ' Commissioner Hirsch-yes Mayor Cook-yes f Commissioner McElyea-yes j Regular Commission Meeting 3 July 23 , 1985 T7 , 4 .7 (LU-47-85, Land Use Plan Amendment to amend the City of Dania Land Use Plan to include previously annexed land (area between Seaboard Railroad and Ravenswood Road) at the same Land Use designations as the Unincorporated Area Land Use Plan, and to request the Broward County Planning Council to amend the boundary of Flex Zones 58 , and 83 so that the new boundary coincides with the Dania City Limits , Petitioner - i City of Dania) l i An ordinance amending the land use plan of. the City of Dania was read for second and final reading by Mayor Cook. f Mayor Cook opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. City Planner Leeds explained that the land use amendment } includes previously annexed areas not currently shown on the City Land Use map, and that Staff initiated the amendment to add approximately 20-25 acres of commercial flexibility to Flex zone 83 in the Northwest portion of Dania. The Planning and Zoning Board recommended approval . A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to adopt the ordinance amending the City' s Land Use Plan on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .8 (RZ-33-85 , Rezoning request from RD-6000 (Duplex) to C-3 (Commercial ) ; Petitioner/Owner - Thomas E. Esposito, Trustee. Property located at 701 N. Fed. Hwy. , W/o F.E .C. Railroad , N/o Dania Cutoff Canal , containing 2.58 acres-~) An ordinance rezoning the E 200 ' of the W 350 ' of. the E 3/4 of the S 1/2 of the NE 1/4 of the NW 1/4 of Sec. 34 , Township 505 , Range 42E , less the S 100 ' thereof, containing 112 ,349 sq. ft. , from RD-6000 to C-3 was read for second and final reading by City Attorney Adler. Mayor Cook opened the public hearing. Hearing Bob Mikes comment on trafficways and landscape buffer concerns , and hearing Thomas Esposito respond to the landscape concerns, the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the rezoning ordinance on second and final reading. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes Land Use Change i 4 .9 LU-36-85 , A Land Use Change request to assign 2 .58 acres of Commercial flex acreage under the 20% flexibility rule as permitted by the City Land Use Plan. Petitioner/Owner Thomas E . Esposito, Trustee. Property located at 701 N. Fed. Hwy. , W/o F.E.C . Railroad, N/o Dania Cut-Off Canal , containing 2 .58 acres+, t City Planner Leeds explained that this request is in conjunction with agenda item 4 .8 and stated that there is Ul sufficient flex acreage in the flex zone to accommodate the assignment request. The Planning and Zoning Board recommended approval. Regular Commission Meeting 4 July 23 , 1985 '� II J a Mayor Cook opened public Y A p c hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Adams , seconded by Commissioner McElyea to approve the land use change request by Thomas E. Esposito, Trustee. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i Variances 4. 10 VA-39-85; A variance request to allow 2 loading spaces (11 loading spaces required) to construct a hotel in a C-2 zoning district . Petitioner - Ross P. Beckerman; Owner - Michael L. Thomas , Trustee; located approximately on the North side of Griffin Rd. between I-95 and the Dania Cut-Off Canal (1610 Griffin Rd. ) Ross Beckerman stepped forward to describe the variance request and explained that the two loading spaces as designed for the hotel are much larger than required by the zoning code, so that the actual square footage of the two large spaces requested is not very different than the square footage would have been if eleven minimum-sized spaces were provided. The Planning and Zoning Board recommended approval. City Planner Leeds noted that there are four additional small spaces available for loading in the immediate area and stated that he would ask the applicant to designate those additional ti four spaces on the architectural drawings . Mr. Beckerman agreed to do so. Mayor Cook 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 Vice Mayor Byrd to grant variance request VA-39-85 , subject to the satisfaction of the building department re designation of four additional loading spaces. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 4 .11 VA-35-85; A variance request to allow a maximum 160 ' height (40 ' permitted) subject to F.A.A. height restrictions. Petitioner/Owner - Thomas E . Esposito, Trustee. Property generally located at 701 N. Fed . Hwy; W/o F.E.C. Railroad and N/o Dania Cut-Off Canal . Thomas Esposito stepped forward to explain the variance request and presented a conceptual drawing of the project. The Planning and Zoning Board recommended approval subject to: a) Compliance with F.A.A. and Broward County I restrictions; and b) Variance shall only be applicable to property which has a non-residential zoning designation. Mayor Cook opened the public hearing. In response to Bob Mikes ' comments, Mr. Esposito agreed to work with the Dania Griffin Road Landscape Committee re the landscape buffer area. Hearing Mr. Esposito assure Leta Scanlan that 7th St. f ; , will not connect to the project parking lot, the Mayor closed the public hearing. k L Regular Commission Meeting 5 July 23 , 1985 A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to grant variance request VA-35-85 to Thomas E. Esposito, Trustee, subject to additional landscaping in the buffer area to the West of the subject property as approved by the Commission in cooperation with the Dania Griffin Road Landscape Committee, and subject to compliance with F.A.A. f and Broward County restrictions. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes I Commissioner Hirsch-yes Mayor Cook-yes [ Commissioner McElyea-yes Right of Way Vacation Request 4. 12 VC-34-85 ; Road easement vacation request for portion of NW 4th Ave. , W/o F.E.C . Railroad and E/o 701 N. Federal Highway; Petitioner/Owner - Thomas E. Esposito, Trustee. ( RESOLUTION) Per a letter received from Thomas E. Esposito, Trustee, rescinding the road easement vacation request, this item VC-34-85 was withdrawn. i 4.13 VC-28-85; Utility easement vacation request for the West 11 ' j of the East 30 ' of Lot 1 , Powell Brothers Barge Terminal Plat. Petitioner - McLaughlin Engineering Co. ; Owner - Powell Brothers; Property located at 600 Taylor Lane . (RESOLUTION) A motion was made by Vice Mayor Byrd, seconded by Commissioner McElyea to adopt the resolution to grant utility - � easement vacation request VC-28-85 to McLaughlin Engineering Company, subject to: a) verification of a 15 ' easement on the West property line of the adjacent property; and b) approval I by City Engineer. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes I i 5 . OCCUPATIONAL LICENSE - None j 6 . SITE PLANS 6 .1 SP-11-85• A Site Plan ap proval request for a proposed hotel facility; Petitioner/Owner - Michael L. Thomas, Trustee; for the property located on the North side of Griffin Rd. between I-95 and Dania Cut-Off Canal (1610 Griffin Rd. ) , containing 11 .2 acres+ , Ross Beckerman, Attorney representing Michael L. Thomas , Trustee, stepped forward to request site plan approval and introduced Joe Rabun, the Senior Architect from Atlanta , who j described the plans for the Hilton Hotel showing photos and model . i A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to grant site plan approval for SP-11-85 i to Michael L. Thomas , Trustee, subject to: a) Provide documentation of compliance with County easement requirements , including medium area with entrance drive; b) Provide documentation indicating right to utilize adjacent property for maneuvering trucks onto site. Easement must be reviewed by City Attorney and recorded prior to issuance of a building permit; c) Provide documentation of compliance with E.A.A. requirements; d) Applicant/Architect and Hotel i Management Firm shall revise and resubmit letters verifying compliance with parking variance granted November 13 , 1984 ; and e) Parking documentation to be confirmed upon staff review of final construction drawings. The motion passed on the following roll call vote: Regular Commission Meeting 6 July 23, 1985 u,�,. F�`7 Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 7 . RESOLUTIONS 7 .1 The title of a Resolution prescribing rules of procedure for City Commission Meetings was read by Mayor Cook. Mayor Cook recognized Hugo Renda and Kurt Ely, who commented on the terms of the resolution and requested specific changes . i i A motion was made by Commissioner McElyea, seconded by Commissioner Hirsch to amend Section 3 , para. 3 . 1 as follows : omit the words "open to the" so that the phrase at the end of the first sentence reads "shall be public. " The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes A motion was made by Commissioner McElyea to amend Section 3 , para. 3 .5 as follows: insert the words "of the Commission and the public at large" so that the first sentence reads "Any member of the Commission and the public at large desiring to speak shall be recognized by the mayor and The motion died for lack of a second. r A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to amend Section 5 , para . 5 .3 as follows: insert the words "and the public" so that the phrase at the end of the sentence reads "confine the debate of the commissioners and the public to the question under discussion. The motion passed on the following roll call vote: e Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes f Commissioner McElyea-yes i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to amend Section 9 as follows: extend the title to read "CITIZEN' S COMMENTS AS AN AGENDA ITEM. " The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes A motion was then made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the resolution as amended. The i motion passed on the following roll call vote: j Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes ` Commissioner McElyea-yes 8 . EXPENDITURE APPROVALS - None � f 9 . APPOINTMENTS d i 9 . 1 Appointment of Member to the Annexation Committee by Vice Mayor Byrd. f 1 Vice Mayor Byrd named Nathaniel Hankerson to the Annexation Advisory Committee. Regular Commission Meeting 7 July 23 , 1985 A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to approve the appointment of Nathaniel Hankerson to the Annexation Advisory Committee. The motion passed on the following roll call vote: i Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 9 .2 Appointment of Member to the Housing Authority by Mayor Cook. i Mayor Cook named Gwendolyn Lee Peoples to the Dania Housing f Authority. A motion was made by Commissioner Hirsch, seconded by Commissioner Adams to approve the appointment of Gwendolyn Lee Peoples to the Dania Housing Authority. The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes 10 . DISCUSSION 10 .1 Commission consideration of proposed zoning code text change permitting adult congregate living facilities (A.C.L.F. ) in RM-2 District. Applicant: Wilson C . Atkinson, III . City Manager Jewell recommended that a Workshop be scheduled to discuss this item due to its complexity and reported that �r the applicant has agreed. A motion was made by Commissioner Hirsch , seconded by Vice Mayor Byrd to workshop this item on July 30 , 1985 , at 3 :00 j p.m. The motion passed unanimously. i 11 . ADMINISTRATIVE REPORTS i 11 . 1 City Manager Jewell requested cancellation of the Special Meeting previously scheduled for July 25 , 1985 , and requested permission to readvertise for bids for the work to be done on the Community Development Block Grant Project. A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to cancel the Special Meeting scheduled for July 25 , 1985 , and to authorize readvertisement for bids for the work to be done on the NW 1st Street roadway and drainage improvement project and to return unopened any bids received in response to the first advertisement for bid . The motion passed on the following roll call vote: Commissioner Adams-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes i 11 . 2 City Attorney Adler - no comment. 12 . COMMISSION COMMENT j 12 . 1 Commissioner Adams - no comment. 12 .2 Commissioner Hirsch yielded his time to C.F. Hill . Mr. Hill I commented on the Police Dept . not being able to catch the E people who are breaking the law by dumping trash all over the city. E 12 . 3 Commissioner McElyea - no comment. 3 12 .4 Vice Mayor Byrd - no comment. C 3 Regular Commission Meeting 8 July 23 , 1985 12 .5 Mayor Cook commented on a letter received from the Broward County School Board requesting that the City post school crossing guards and install walkways at specific locations in Dania. Mayor Cook remanded the matter to City Manager Jewell . 13 . CITIZENS ' COMMENTS 13 .1 Request by Hugo Renda to speak on the Height Ordinance. i Mr. Renda commented on the procedure followed when the Commission approved the site plan for the Diamond Center and complained that citizens were not given the opportunity to speak. City Attorney Adler explained that the Code provides for site plan approval by the Building Department, but that f it has been the City' s policy that site plans for large i buildings are brought before the Commission and that a public hearing had properly been held when the plan was before the Planning and Zoning Board. In response to Mr. Renda' s inquiry as to impact studies made, he was informed that all the documents and reports are on file in City Hall and are available for public inspection. This Regular Commission Meeting was then adjourned. i M� RR-COMMISSIONER CITY CLERK-AUDITOR i I I i 1 i 1 l t f � 1 i I 3f� Regular Commission Meeting 9 July 23 , 1985 .I FOR MEMORANDUM OF VOTING GC 'LILT LAST NAME -FIRST NAME-MIDDLE NAME — I C ., ,� THE BOARD, COUNCIL,C'OMMISSION, AUTHORITY, OR COMMITIEt 09 Ir- l WHICH I SERVE IS A UNIT OF: ! Vt All LINC ADDRESS J j \ l l �/ ('Il l" \C ) ` -� Y OCITI' ❑coils TY ❑OTHER LOCAL AGENCY ❑STATE INT /�",, ti f/ �-.�� i"vGlL �'r /�✓G v'' ". 7 ,.`� NAME OE POL.IT ICAL SUBDIVISION OR STATE AGENCY .)AIE O\ k4t11C H YOTF.00'C'URRED ' \)V I I PI T KO A' RI).COINCIt L,CONiMISSION,AUI HORI I Y.OR COMMI ITLE WHO MUST FILE FORM 4 I !-his form is for use by any person serving on either an appointed or elected board. council, Commission, authority, or committee, A hether state or local,and it applies equally to members of advisory and Con-advisory bodies who are faced with a voting conflict of uaciest. I As the votlngconflict requirementsfor public officers at the local level differ from the requirements for state officers,this form is divided i nto tv o parts: PART A is for use by persons serving on local boards(municipal,county,special tax districts,etc.),while PART B is prescribed for all other boards, i.e., those at the state level. i PAR r C of the form contains instructions as to when and where this form must be filed. j I I PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS (Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] I he Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public o[frrer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal(other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: +' P4!()R TOTH E VOTE BEING TAKEN by publicly stating to the assembly!hc nature of his interest in the matter on which lit is abstaining from voting;and ,hi WI rHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this pan below. i NOTE'Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357. Florida Statutes(Supp. 1984),or officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part rT�ust be made. i 1 i 1. the undersigned local public officer, hereby disclose that on <(,L) , 19 •_�' I I •.II I abstained from voting on a matter which (check one): — inured to my special private gain; or I inured to the special gain of _ _ __— _ , by whom I am rctamcd. 3 i I AGENDA DANIA CITY COMMISSION REGULAR MEETING JULY 23 , 1985 8 : 00 P.M. INVOCATION - Rev. Gilmore Benton, Dania United Methodist Church PLEDGE OF ALLEGIANCE ROLL CALL 1. CONSENT AGENDA Minutes 1. 1 Minutes of July 9 , 1985 Regular Commission Meeting i Ordinances (First Reading) - None 2. PRESENTATIONS j 3. BIDS 3. 1 Request to add to list of approved surplus items declared for auction ( 1 ) Royal 50 PD Calculator; ( 1) Comptroller Calculator; ( 1) Concord Tape Recorder - S.N. 035593 4. PUBLIC HEARINGS Ordinances (Second and Final Reading) 4. 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING SECTION 5. 15 OF CHAPTER 28 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, TO PROVIDE FOR THE CONSTRUCTION OF DWELLING UNITS ror- ON PLATTED LOTS LESS THAN SIXTY (60) FEET IN WIDTH; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 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. 4. 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE NO. 268 AS AMENDED BY ORDINANCE NO. 20-84 , BY CORRECTING A SCRIVENER' S ERROR AT PARAGRAPH 8 OF SECTION 15 THEREOF TO REFLECT THE PROPER FLORIDA STATUTE; 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. 4. 3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, TO CREATE SECTION 8-98 ESTABLISHING AN INTERIM GENERAL SERVICES FEE; PROVIDING FOR THE REASON FOR SUCH FEE; PROVIDING FOR PROPERTIES ON WHICH SUCH FEE IS LEVIED; PROVIDING WHEN SUCH FEE WILL BE PAID; PROVIDING THE AMOUNT OF SUCH FEE AND THE UNITS ON WHICH SUCH FEE IS ASSESSED; 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. 1 OF 5 i i ' 1 J 4.4 PL-37-85 - A Plat Approval Request for "Waterway Marina" Plat (1.72 acres more or less) , Petitioner - M.E. Berry II, Owner - Pag Brothers, Inc. ; 1400 block of Old Griffin Road, located on the South side of Old Griffin Rd. , East of the C-10 Canal, North of the FPL Right Of Way. AWATERWAY ORDINANCE MAROINA THE SAMEYBELNG DANIA, PORTIONFLORIDA, THEAPPROVING 1/4 OFTHE THEPLAT NEOF 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY OF CANAL C-10 AS SHOWN ON THE CENTRAL AND SOUTH FLORIDA FLOOD CONTROL DISTRICT CANAL C W ED UARY 22 , THE NORTH LINE SE AY WITH THE NET1/4FOFRSAID SECTION 4 � 33; THENCE ON AN ASSUMED BEARING, OF SOUTH 0 DEGREES 59 MINUTES 11 SECONDS WEST ALONG SAID EAST RIGHT-OF-WAY LINE 56. 87 FEET TO A POINT OF BEGINNING; THENCE, EASTERLY ALONG A LINE 22 FEET, MORE OR LESS , SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF PAVEMENT OF GRIFFIN ROAD, AS NOW BUILT, A DISTANCE OF 350. 4 FEET, MORE OR LESS; THENCE, SOUTH 0 DEGREES 59 ' 11" WEST 202. 78 FEET TO A POINT IN THE NORTH LINE OF A FLORIDA POWER AND LIGHT CO. RIGHT-OF-WAY; THENCE , SOUTH 89 DEGREES 08' 22" WEST ALONG THE LAST DESCRIBED NORTH LINE 350. 18 FEET TO A POINT ON THE EAST EES 11 I NE F D " EAST ALONGSAIDEASTRIGHTL RIGHT-OF-WAY LINE THENCE , NORTH FEET DTORTHE 59' POINT OF BEGINNING. SAID 'LANDS CONTAINING 1.72 ACRES ( 74 ,916 SQ. FT. ) MORE OR LESS. SAID LANDS SITUATE, LYING AND BEING IN THE 4 CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF 11 WATERWAY MARINA" ; AND PROVIDING THAT ALL ORDINANCES OR PARTS OFORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 4. 5 PL-38-85 - A Plat Approval Request for "Stirling Industrial Park' Plat (4.8 acres more or less) , Petitioner - M.E. Berry II; Owner - Pag Brothers, Inc. ; Located West of SW 11TH Ave. and approximately 650 feet North of Stirling Road, bound on the West by the C-10 Canal and on the North by West Dania Beach Blvd. extended, located North of NE 1200 block of Stirling Road. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "STIRLING INDUSTRIAL PARK" , SAME BEING THE NE 1/4 OF THE SE 1/4 0/4 , OFSSECTIONN33 , TOWNSHIP050THE NW SOUTH ,IRANGE 42E SE EAST,/4 OF THE SE THE TOGETHER WITH THE W 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH , RANGE 42 EAST, BROWARD COUNTY FLORIDA, LESS THE SOUTH 53 FEET FOR ROAD RIGHT OF WAY AND LESS THEREFROM CANAL RIGHT OF WAY, AS SHOWN ON DEED RECORDED IN O.R. BOOK 1246 , PAGE 220 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "STIRLING INDUSTRIAL PARK AND PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES ANDALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 2 OF 5 4.6 PL-40-85 - A Plat Approval Request for "Governor Dan's Plat Number 1" (0.88 Acres more or less) , Petitioner - Charles S. Dale, Jr. , Owner - First American Service Corp. ; Located at the SE corner of the Intersection of U.S. it and SE 7th Street, 701 S. Federal Highway. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "GOVERNOR DAN'S PLAT NUMBER 1" SAME BEING: THAT PART OF THE N 1/2 OF THE NW 1/4 OF THE SE 1/4 OF SECTION 3 TOWNSHIP 51 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID N 1/2 LOCATED 494 ' NORTH OF THE SW CORNER OF SAID N 1/2; THENCE RUN EAST PARALLEL TO THE SOUTH LINE OF SAID N 1/2 A DISTANCE OF 2461 ; THENCE RUN NORTH PARALLEL TO SAID WEST LINE 180 ' , MORE OR LESS, TO THE NORTH LINE OF SAID N 1/2; THENCE, RUN WEST ALONG SAID NORTH LINE 246' TO THE NW CORNER OF SAID N 1/2; THENCE, RUN SOUTH 180 ' MORE OR LESS , TO THE POINT OF BEGINNING; LESS THE WEST 33' FOR PUBLIC HIGHWAY RIGHT OF WAY. SAID LANDS SITUATE , LYING AND BEING IN BROWARD COUNTY, FLORIDA AND CONTAINS 0. 880 ACRES AND/OR 38 ,346. 39 SQUARE FEET (PLUS OR MINUS ) ; AND ACCEPTING THE DEDICATION FOR PUBLICC USE OF ALL STREETS , HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "GOVERNOR DAN' S PLAT NUMBER 111 ; 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. 4. 7 LU-47-85 - A Land Use Plan amendment to amend the City of Dania Land Use Plan to include previously annexed land (area between '►- Seaboard Railroad and Ravenswood Road) at the same Land Use designations as the Unincorporated Area Land Use Plan, and to request the Broward County Planning Council to amend the boundary of Flex Zones 58, and 83 so that the new boundary coincides with the Dania City Limits, Petitioner - City of Dania. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE LAND USE PLAN OF THE CITY OF DANIA COVERING THE AREA BOUNDED ON THE NORTH BY STATE ROAD 84 , ON THE SOUTH BY STIRLING ROAD, ON THE EAST BY THE SEABOARD AIRLINE RAILWAY AND ON THE WEST BY THE CENTERLINE OF < RAVENSWOOD ROAD, TO INCLUDE PREVIOUSLY ANNEXED LANDS AT THE SAME LAND USE DESIGNATION AS SHOWN ON THE UNINCORPORATED AREA LAND USE PLAN AT THE SAME TIME OF ANNEXATION AND TO REQUEST THE BROWARD - COUNTY PLANNING COUNCIL TO AMEND THE BOUNDARIES OF FLEX ZONES 58 AND 83 SO THAT THE NEW BOUNDARIES COINCIDE WITH THE DANIA CITY LIMITS; PROVIDING FOR SEVERABILITY; 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 f f I k I 1 i 3 OF 5 J 4. 8 RZ-33-85 - A Rezoning request from RD-6000 (Duplex) to C-3 (Commercial) ; Petitioner/Owner - Thomas E. Esposito, Trustee. Property located at 701 N Federal Highway, West of F.E.C. Railroad, North of Dania Cutoff Canal, containing 2.58 acres more or less. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: THE EAST 200. 00 FEET OF THE WEST 350. 00 FEET OF THE E 3/4 OF THE S 1/2 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE SOUTH 100. 00 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 112,349 SQUARE FEET ( 2. 579 ACRES ) MORE OR LESS , FROM ZONING CLASSIFICATION OF RD-6000 TO C-3 ZONING CLASSIFICATION UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, 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. Land Use Change 4. 9 LU-36-85 - A Land Use Change request to assign 2. 58 acres of Commercial flex acreage under the 20% flexibility rule as permitted by the City Land Use Plan. Petitioner/Owner - Thomas E. Esposito, Trustee. Property Located at 701 N Federal Hwy, West of F. E. C. Railroad , North of Dania Cut Off Canal , containing 2. 58 acres more or less. Variances w- 4. 10 VA-39-85 - A variance request to allow 2 loading spaces ( 11 loading spaces required) to construct a hotel in a C-2 zoning district. Petitioner - Ross P. Beckerman; Owner - Michael L. Thomas, Trustee; located approximately on the North side of Griffin Road between I-95 and the Dania Cut off Canal ( 1610 Griffin Road) i 4. 11 VA-35-85 - A variance request to allow a maximum 160 ' height (40 ' permitted) subject to F. A.A. Height restrictions. „.� Petitioner/Owner - Thomas E. Esposito, Trustee. Property generally located at 701 N Federal Hwy; West of F.E.C. Railroad and North of Dania Cut off Canal. Right of way Vacation Request 4. 12 VC-34-85 - Road easement vacation request for portion of NW 4th Ave. , West of F. E.C. Railroad & East of 701 N. Federal Highway; Petitioner/Owner - Thomas E. Esposito, Trustee. 4. 13 VC-28-85 - Utility easement vacation request for the West 11 ' of the East 30 ' of Lot 1 , Powell Brothers Barge Terminal Plat. Petitioner - McLaughlin Engineering Co. ; Owner - Powell Brothers; Property located at 600 Taylor Lane. 5. OCCUPATIONAL LICENSE. i i 4 OF 5 I ` J f 6. SITE PLANS 6 . 1 SP-11-85 - A Site Plan approval request for a proposed hotel facility; Petitioner/Owner - Michael L. Thomas, Trustee; for the property located on the North side of Griffin Road between I-95 and Dania Cut off Canal ( 1610 Griffin Road ) , containing 11. 2 acres more or less. 7. RESOLUTIONS 7 . 1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, PRESCRIBING RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 8. EXPENDITURE APPROVALS 9. APPOINTMENTS 9 . 1 Appointment of member to the Annexation Committee by Vice Mayor Byrd. 9. 2 Appointment of Member to the Housing Authority by Mayor Cook 10. DISCUSSION 10 . 1 Commission consideration of proposed zoning code text change permitting adult congregate living facilities (A. C. L.F. ) in RM-2 District. Applicant: Wilson C. Atkinson, III • 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager w_ 11. 2 City Attorney 12. COMMISSION COMMENT 12. 1 Commissioner Adams 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12. 4 Vice Mayor Byrd 12. 5 Mayor Cook -• �` 13. CITIZENS' COMMENTS - Comments by Dania Citizens or interested 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) Tuesdays 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. --------------------------------------------------------------------------- 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. 5 OF 5