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HomeMy WebLinkAbout31401 - MINUTES - City Commission MINUTES _j DANIA CITY COMMISSION yy V REGULAR MEETING JUNE 11, 1985 INVOCATION - VICE-MAYOR BYRD YZ 7 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 I Building Official : Paul Maxwell i 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of May 28, 1985 Regular Commission Meeting Bills 1 . 2 Approval of bills for the month of February, 1985 Ordinances ( First Reading) t 1 . 3 ( PL-29-85 A plat approval request for "Value 0201 Plat" E7 .8 I acres +], Petitioner - McLaughlin Engineering Co . ; Located approximately in the 400 block of Taylor Rd . Extension, approximately 1/4 mile east Of existing U.S . 1 ) 4 An ordinance a f pproving the plat of "Value 0201 Plat" was read k. for first reading by City Attorney Adler. j ADDENDUM ITEM : f 1 .4 An ordinance amending Chapter 28 of the Code of Ordinances entitled "Zoning" , by adding a new zoning classification to be known as "Port Everglades Development District" (PEDD) was )read for first reading by City Attorney Adler . i A motion was made by Vice-Mayor Byrd, seconded by Commissioner f 3 Adams to approve the consent agenda . 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 2 . PRESENTATIONS Honorable Mention Awards were presented to Mr . and Mrs . Peter Signore, Kurt Ely and Commissioner Charles McElyea for their cooperation and assistance during the May 23, 1985 chlorine tank leak emergency. L� Commissioner Adams congratulated Mr . and Mrs . Harrington Herr on their 60th wedding anniversary. Regular Commission Meeting 1 June 11, 1985 3 . BIDS (By 8: 15 P .M . ) ADDENDUM ITEM : 3. 1 Receipt of bids for surplus items . A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to close the receiving of bids . 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 A motion was made by Commissioner Adams , seconded by Commissioner Hirsch to open the sealed bids . 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 City Manager Jewell read the following sealed bids received : i 1 . Police Motors Division, by G. H. Segall For 5 vehicles : 1 1981 Chrysler LaBaron and �4 ; 1982 Plymouth Grand Furys $2, 700.00 k I 2 . Shady Lane Nursery f For 1969 Ford 3500 Series Backhoe : $1, 188.00 For 1975 Massey Ferguson MF300 : $1, 275 .00 f 3 . Jeffrey Hill l For 1969 Ford 3500 Series Backhoe : $2, 555 .00 For 19,15 Massey Ferguson MF300: $1, 555 .00 k (Commissioner McElyea stated for the record i that he and Jeffrey Hill are cousins . ) 4. Brown ' s Paving For 1969 Ford 3500 Series Backhoe : $1, 000 .00 A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to remand the bids to the City Manager for review and recommendation at the next Commission meeting of June 25, 1985 . 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 ) 4 . 1 (RZ-14-85 ; Rezoning from RD-6000 (duplex ) to C-2 ( Commercial ) j property located at 222 SW 2nd Terrace ; petitioner Fay M . Wishart . ) j An Ordinance rezoning All of Lot 1 and Lot 2, less the East 2 ? feet of Lot 2, Resubdivision of George E . Phippen ' s Subdivision, from RD-6000 to C-2 was read for second and final reading by City Attorney Adler . I i N_ Regular Commission Meeting 2 June 11 , 1985 i 4 1 ---- r i; Clarke Walden Attorney representing the petitioner, stepped forward to explain the rezoning request and submitted backup explanatory material to show that the property cannot be used at all with its present RD-6000 zoning without obtaining a variance . Mr . Walden described the compromise suggested at the workshop meeting held on June 5th in answer to objections raised at the May 28th public hearing, whereby the petitioner is willing to declare an irrevocable covenant (20 year deed restriction ) for the purpose of restricting the business usage of the property . Mayor Cook opened the public hearing . Hearing many citizens speak in opposition and Clarke Walden respond , the Mayor closed the public hearing . In response to Commissioner Hirsch ' s inquiry, City Attorney Adler expressed the opinion that a court action in this matter would be difficult to defend . City Attorney Adler also attested to the legal validity of an irrevocable covenant . During discussion , Commissioner Hirsch pointed out that if the rezoning request were denied and if the Courts upheld an action against the City, the property would revert to Commercial anyway and the neighborhood would lose the protection of the irrevocable covenant offered . In response to Commissioner McElyea ' s inquiry, Building Official Maxwell described RSO and C-1 zoning classifications . Mr . Maxwell also stated that the property does not meet the RD-6000 setback and footage requirements and currently could only be used with rezoning or a variance. ,r A motion was made by Commissioner Adams, seconded by Vice-Mayor Byrd to deny passage of the rezoning ordinance requested by RZ-14-85 . The motion to deny passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes f Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-yes i 4 .2 An Ordinance amending Ordinance No . 132 as passed and adopted on final reading on Feb . 22, 1977, regarding Police and Fire Retirement and disability benefits . ` i A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to continue the second and final reading of the ordinance until the next regular Commission meeting of June 25, 1985 to allow time to properly complete the paper work . 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. 3 PL-13-85; Plat approval "Village Marina" plat ; property located at 1540 Griffin Rd . , petitioner - Craig A . Smith & Associates, (9 . 083 acres ) . i 3 A motion was made by Vice-Mayor Byrd , seconded by i Commissioner Adams to continue the second and final reading Ii of the ordinance approving the plat of "Village Marina" until the next regular Commission meeting of June 25, 1985, at the petitioner ' s request . The motion passed on the following roll call vote : ! 1 Regular Commission Meeting 3 June 11, 1985 I 1� Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes Variances 4 .4 VA-24-85 ; A variance request by Michael L . Thomas, Trustee, for the property located at 1610 Griffin Road in Dania , to allow the first floor to be less than 6" above the crown of the road . ' The P&Z Board recommended approval of this request . Steve Williams , of Williams, Hatfield and Stoner, representing the petitioner, stepped forward to explain the variance request , necessitated by the unusually high elevation of the frontage road which covers the Everglades petroleum pipeline . Mayor Cook 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 grant the variance to Michael L . Thomas, 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 4 . 5 VA-25-85 ; A variance request by A . Andreen for the property located at 1327 S . Federal Hwy . , to erect a 13 ' high masonry wall on the north side of the property . The P&Z Board recommended approval of this request for a 13 ' x 36 ' wall as per plan submitted . A representative of the petitioner stepped forward to explain s•o/ the variance request and said that the wall will extend approximately 30 ' easterly from the west line to the rear of an adjoining commercial establishment for the purpose of providing a sight and sound buffer . Mayor Cook opened the public hearing . Hearing three citizens speak in favor and no one in opposition, the Mayor closed the public hearing . During discussion , it was revealed that the plan includes provision for a sign on the wall . The Commissioners expressed disapproval of a sign being placed on the wall . A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to grant a variance to A. Andreen to allow the 13 ' high masonry wall with no signs . 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 4.6 VA-26-85 ; A variance request by Ronald L . Tomecek for the j property located at 201-223 SE 1st St . in Dania , to allow construction in clusters of two (cluster of 4 required in RM-12 District) in order to give project a residential appearance rather than a multiple appearance . Regular Commission Meeting 4 June 11, 1985 � i The P&Z Board recommended approval of this request subject to the petition providing a revised plan indicating parking off alley for the unit . Ronald Tomecek stepped forward to explain the variance request and presented a revised plan per the P&Z Board recommendation . Mayor Cook 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 Adams to grant the variance request to Ronald L . Tomecek subject to the satisfaction of the P&Z Board ' s revised plan recommendation . 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 5 . SITE PLANS 5 . 1 SP-05-85 ; A preliminary site plan approval request for the construction of the Dania World Trade Center, located at SE j 4th Ave . and Sheridan St . generally located at 400 E . Sheridan Street in Dania ; petitioner - Moshe Tubero . The P&Z Board recommended approval subject to letters relating to parking requirements prepared by A .J . Ryan , Jr . , attorney representing petitioner, dated June 4, 1985 ; FAA written approval ; and applicant contacting Dept . of Community Affairs re Development of Regional Impact (DRI ) . 1 A . J . Ryan, representing the petitioner, stepped forward to explain the request for preliminary site plan approval with respect to the parking provisions for the 26 story, C-2 E zoned, World Trade Center . Mr . Ryan detailed the limited use of the building and the allocation of 396 parking spaces, t providing parking for public and non-public areas with a I surplus of over 12 percent . He stated that the building will occupy 8.29% of the plot area , over 20% will be devoted to landscaping and the rest parking . It was determined that in the event the use of the building were to change, provisions for a 4-story parking garage are available . Building Official Maxwell stated that the only P&Z Board recommendation that has not been met is the receipt of written approval from the FAA . In response to Bob Mikes ' written request, Mayor Cook allowed him to comment . Mr . Mikes voiced his objection to not opening this item to a public hearing . City Attorney Adler responded to audience disturbance regarding procedure . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to grant preliminary site plan approval to Moshe Tubero for the construction of the Dania World Trade Center, subject to satisfaction of all of the recommendations of the P&Z Board . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-no Mayor Cook-yes Commissioner McElyea-no f t Regular Commission Meeting 5 June 11, 1985 i E 5 . 2 SP-10-85 ; A site plan approval request to allow the construction of a fast food restaurant ; located at 141 S . Federal Hwy ; Petitioner - Church ' s Fried Chicken , Inc . The P&Z Board recommended approval of this request , Charles Richter, the petitioner ' s agent , stepped forward to describe the site plan and requested approval . In response to Commissioner Hirsch ' s inquiry regarding compliance with the downtown development plan of coordinating awnings, Mr. E Richter assured the petitioner ' s cooperation . t Building Official Maxwell reported satisfactory parking and driveway provisions and stated that an agreement has been reached regarding a road easement requirement . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Hirsch to grant site plan approval to Church ' s Fried Chicken, Inc . , subject to the road easement and decorative awning requirements being met . 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 y f 6 . RESOLUTIONS i6 . 1 The title of a Resolution authorizing execution of an agreement between the City of Dania and Broward Employment I and Training Administration ( BETA ) to provide worksites for economically deprived youth between the ages of 14 through 21 years, for the period of June 24, 1985 through August 16, 1985, which said project will be administered by the Summer Youth Employment and Training Program of BETA ( SYETP ) was read by Mayor Cook . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Hirsch to adopt the resolution . The motion passed unanimously . 6. 2 The title of a Resolution authorizing the City Manager to it purchase equipment in the amount of $8, 000 .00 without i competitive bidding and without advertisement for bids was read by Mayor Cook . It was explained that this is for the purchase of a removable disk drive for computer and is a budgeted item. i I A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to adopt the resolution . 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 6.3 The title of a Resolution authorizing the City Manager to j purchase equipment in the amount of $7, 000 .00 without I competitive bidding and without advertisement for bids was I 3 read by Mayor Cook . It was explained that this is for the purchase of a Cash Register and is a budgeted item . A motion was made by Vice-Mayor Byrd, seconded by Commissioner Adams to adopt the resolution . The motion passed on the following roll call vote : I Regular Commission Meeting 6 i June 11, 1985 I r Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook-yes Commissioner McEly ea-yes 7 . OCCUPATIONAL LICENSE i 7 . 1 Terri ' s Fireworks , 333 Gulfstream Rd ; Roadside firework sales at the location of 1505 S . Fed . Hwy, Gene ' s Mobil Station . i Terri Gallo stepped forward to request an occupational license for Terri ' s Fireworks to sell roadside fireworks . ! A motion was made by Vice-Mayor Byrd , seconded by Commissioner Adams to grant the occupational license to Terri ' s Fireworks for roadside firework sales at 1505 S . Federal Highway, Gene ' s Mobil Station, for seven days, to be effective June 28, 1985 thru July 4, 1985, subject to the approval of the Dania Fire Department . 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 7 .2 Florida Fireworks, 1881 Stirling Rd ; Sale of sparkler type fireworks . Ernest Poux stepped forward to request an occupational license for Florida Fireworks for the outdoor sale of sparkler type fireworks . ! A motion was made by Vice-Mayor Byrd, seconded by I Commissioner Adams to grant the occupational license to Florida Fireworks for the sale of sparkler type fireworks at 1881 Stirling Rd . for seven days , to be effective June 28, i 1985 thru July 4, 1985, subject to the approval of the Dania F Fire Department . 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 8. EXPENDITURE APPROVALS 8.1 Request by Gloria Daly for the City Commission to authorize funds in the amount of $400 .00 to help sponsor Dania Police participants ( 4 ) in the Police Olympics in Tampa beginning June 18, 1985 . Gloria Daly stepped forward to report that there are five ( 5 ) participants in the Police Olympics in Tampa and corrected the donation amount originally requested to $500 .00, reflecting an approximate cost of $ 100.00 to each officer. She listed the previous award winners who placed in the top three in past competitions, and requested that the City lend its support to the officers representing Dania ' s Police Dept . Ms . Daly also suggested that if the expenditure is approved, t the check be issued by Friday , June 14th , since competitions i start on Monday . j During discussion , Vice-Mayor Byrd expressed the need to revisit Commission policy regarding donations, noting that donations currently are not in the budget . Officer Marlin explained that in the past, each officer has been picking up the tab for his own expenses and expressed appreciation for any support the City Commission gives . Commissioner McElyea stated that he would gladly donate to the fund personally, but objected to City donations in general . Regular Commission Meeting 7 June 11, 1985 Y I 1 _ � i A motion was made by Commissioner Hirsch, seconded by Vice-Mayor Byrd to approve the expenditure of $500 .00 to help sponsor Dania Police participants in the Police Olympics in Tampa . The motion passed on the following roll call vote : Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-no a 8. 2 Request to approve retainer fee to Arnstein , Gluck , Lehr, I Barron and Milligan in the amount of $5, 000 .00 ; regarding work done by Cleveland Herring on the City ' s Annexation Project . A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to refer this matter to City Manager Jewell and City Attorney Adler for proper action . The motion passed unanimously . 9 . APPOINTMENTS 9 . 1 Re-appointment of Peat , Marwick , Mitchell & Co . , as independent Certified Public Accountants for the year ending September 30, 1985 . i A motion was made by Vice-Mayor Byrd , seconded by Commissioner Adams to reappoint Peat , Marwick, Mitchell & Co . as independent Certified Public Accountants for the year ending September 30, 1985 . After discussion , during which City Manager Jewell stated that Staff is satisfied with the outstanding job done by the firm in the past , but questioned the fee increase, the motion and second were withdrawn . I A motion was then made by Commissioner Hirsch, seconded by Commissioner McElyea to refer this item to the City Manager I and direct the City Manager to meet with Peat, Marwick , Mitchell & Co . and come back with a recommendation at the next regular meeting of June 25, 1985 . The motion passed on # �aJ the following roll call vote : { Commissioner Adams-yes Vice-Mayor Byrd-yes i Commissioner Hirsch-yes Mayor Cook-yes Commissioner McElyea-yes f ADDENDUM ITEM : 9 .2 Request to establish Advisory Committee on Annexation . By Mayor Cook . Mayor Cook suggested that the Commission appoint an Annexation Advisory Committee on or before July 1st to work with the Commission and Staff to prepare a recommended annexation plan for presentation not later than August 30th . She stated that Dania should be represented at the County ' s annexation public hearings . Vice-Mayor Byrd concurred . A motion was made by Vice-Mayor Byrd , seconded by Commissioner Adams to appoint a five member City Annexation Advisory Committee, Mayor Cook to appoint the Chair . The motion passed on the following roll call vote : f Commissioner Adams-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Cook -yes Commissioner McElyea-yes 10 . DISCUSSION ( At this time the Citizens ' Comments Agenda was addressed . ) I i ' Regular Commission Meeting 8 June 11, 1985 I a� ?OWN 1 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager City Manager Jewell reported the existence of several Board vacancies and relayed City Clerk Mullikin ' s suggestion that an article be published in the local newspapers inviting potential citizen volunteers to contact the City . The Commission did not object . City Manager Jewell requested that the Commission name Assistant Fire Chief Grammer as Acting Fire Chief . A motion was made by Commissioner McElyea , seconded by Commissioner Hirsch to name Thomas Grammer Acting Fire Chief and that he will stay in the Fire Station . 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 11 . 2 City Attorney Adler City Attorney Adler described the terms of an agreement between the City of Dania and Nicholas Pasquariello regarding an on-site inspector to oversee Mr . Pasquariello ' s excavating g and backfilling operation in the general area of Taylor Road f as extended in NE 20th St . A motion was made by Vice-Mayor Byrd, seconded by I s Commissioner Adams to authorize the execution of the Agreement between the City of Dania and Nicholas Pasquariello . The motion passed on a 3 - 2 vote . t 12 . COMMISSION COMMENT i 12 . 1 Commissioner Adams - no comment . i 12 .2 Commissioner Hirsch - no comment . i 12 . 3 Commissioner McElyea - no comment . F 12 .4 Vice-Mayor Byrd - no comment . 12 . 5 Mayor Cook asked City Manager Jewell to check into Sun Garden Isles regarding complaints of overgrowth and dumping . Mayor Cook also asked City Manager Jewell to check into and report whether or not the Personnel Director is following all i Federal guidelines for advertising for vacant positions for all groups including minorities . 13 . CITIZENS ' COMMENTS i i * 13 . 1 Mr . Harold Pearson, Dania ; suggestion regarding a possible j solution with Hollywood to acquire a bike path for the area 1 between the Intracoastal Bridge and the Motel 6 on Dania Beach Blvd . Harold Pearson described the hazards of riding a bicycle j along Dania Beach Boulevard to the Beach and asked that the j City of Dania communicate with the City of Hollywood and share the expense of getting a bike path along that route. Mr . Pearson mentioned that the letter he personally wrote to ` the City of Hollywood received no answer. Regular Commission Meeting 9 June 11 , 1985 I Robert Krouse , a hit and run victim of that route, explained that past efforts of the City of Dania to get a bike path there were hampered by the D .O.T . and suggested that the City pursue the idea of a pedestrian path that would not require D.O .T. approval . City Attorney Adler commented that land south and north of s Dania Beach Blvd . is being acquired for a County Park and suggested a bike path through the Park District as a possible new avenue to explore . Mayor Cook referred the matter to City Manager Jewell for further investigation . * 13 .2 June Silvernale ; request of an update on radar in the City . June Silvernale reported a complaint that the Dania Police Department is issuing tickets out of its jurisdiction . Police Chief Rigo reported that a zone map will be published in the newspaper describing where radar units will be located . Commissioner McE.lyea voiced a complaint regarding the police ticketing operation . Complaints about radar units stationed I out of view and the merits of the use of radar were discussed . 1 This Regular Commission Meeting was then adjourned . I _ W_ 1 I CIF V i M Y -C MMISSI NER i Y CLERK-AUDITOR i I j i i 1 I ; L r ; Regular Commission Meeting 10 June 11 , 1985 M' t . t � AGENDA DANIA CITY COMMISSION REGULAR MEETING JUNE 11 , 1985 8 :00 P.M. INVOCATION - s PLEDGE OF ALLEGIANCE ROLL CALL 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of May 28 , 1985 Regular Commission Meeting Bills 1 .2 Approval of bills for the month of February 1985 Ordinances ( First Reading) 1 .3 (PL-29-85 A plat approval request for "Value 0201 Plat" 17.8 acres more or less; , Petitioner - MCLauglin Engineering Co. ; Located approximately in the 400 block of Taylor Road Extension, approximately 1/4 mile east of existing U.S. 1 ) ' AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE. PLAT OF "VALUE 0201 PLAT" , SAME BEING THE WEST 1/2 OF THE EAST 1/2 OF THE SE 1/4 OF OF THE SE 1/4 OF SECTION 27 , TOWNSHIP 50 SOUTH , RANGE 42 EAST; LESS THE NORTH 30 FEET THEREOF, LESS (PARCEL 1 ) : A PORTION OF SECTION 27 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF SAID SECTION 27; THENCE RUN NORTH 2 DEGREES O1 MINUTE 16 SECONDS WEST FOR A DISTANCE OF 1317 .27 ° FEET, ALONG THE EAST LINE OF SAID SECTION 27 TO THE SOUTH RIGHT-OF-WAY LINE OF TAYLOR ROAD; THENCE SOUTH 89 DEGREES 27 ' 51 " WEST FOR A DISTANCE OF 341 .07 �FEET ALONG SAID SOUTH LINE TO THE POINT BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 27 ' 51 " WEST FOR A DISTANCE OF 341 .07 ; THENCE SOUTH 1 DEGREE 51 ' 02" EAST A DISTANCE OF 252 .61 FEET; THENCE NORTH 53 DEGREES 36 ' 15" EAST, FOR A DISTANCE OF 413 .47 FEET; THENCE NORTH 1 DEGREE 59 ' 09" WEST A DISTANCE OF 10 . 32 FEET TO THE POINT OF BEGINNING, ALSO LESS ( PARCEL 2 ) : A PORTION OF SECTION 27 , TOWNSHIP 50 SOUTH, RANGE 42 EAST: BEING DESCRIBED AS FOLLOWS: COMMENCE AT THE SE CORNER OF SAID SECTION 27 ; THENCE RUN NORTH 2 DEGREES O1 ' 16" WEST FOR A DISTANCE OF 1317. 27 FEET, ALONG THE EAST LINE OF SAID SECTION 27 TO THE SOUTH RIGHT-OF-WAY LINE OF 3 TAYLOR ROAD; THENCE SOUTH 89 DEGREES 27 ' 51 " WEST FOR A DISTANCE OF i 341 .07 FEET ALONG SAID SOUTH LINE: THENCE SOUTH 1 DEGREE 59 ' 09" EAST FOR A DISTANCE OF 10 .32 FEET; TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 1 DEGREE 59 ' 09" EAST FOR A DISTANCE OF 96 .97 FEET; THENCE SOUTH 53 DEGREES 36' 15" WEST FOR A DISTANCE OF 413.54 FEET; THENCE NORTH 1 DEGREE 57 ' 02" WEST FOR A DISTANCE OF 97 .01 FEET; THENCE NORTH 53 DEGREES 36 ' 15" EAST FOR A DISTANCE OF 413 .47 FEET TO THE POINT OF BEGINNING. 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 "VALUE 0201 PLAT" ; 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. f 1 OF 6 i i 2 . PRESENTATIONS - None 3 . BIDS - None 4 . PUBLIC HEARINGS Ordinances (Second and Final Reading ) _ 4 .1 (RZ-14-85; Rezoning from RD-6000 (dupl ex) etitionerCFayeMC1Wishart.) property located at 222 SW 2nd Terrace; p AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS, TO-WIT: ALL OF LOT 1 AND ALL OF LOT 2 , LESS THE EAST 2 FEET OF LOT 2 , RESUBDIVISION OF GEORGE E. PHIPPEN' S SUBDIVISION, ACCORDING TO THE PLAT THEREOF , RECORDED IN PLAT BOOK 35 , PAGE 4r PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION RD-6000 TO C-2 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 . (Continued from May 28 , 1985 Commission Meeting) 4 .2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ORDINANCE N0. 132 AS PASSED AND ADOPTED ON FINAL READING ON FEBRUARY 22 , 1977 , BY CHANGING THE NORMAL RETIREMENT DATE TO AGE 55 WITH TEN YEARS OF CONTINUOUS SERVICE; AND BY RAISING THE SERVICE INCURRED DISABILITY BENEFIT FROM 66 2/3% TO 80% OF AVERAGE MONTHLY EARNINGS LESS j WORKERS' COMPENSATION AND SOCIAL SECURITY; AND BY RAISING THE MAXIMUM SERVICE INCURRED DISABILITY BENEFIT FROM 40$ OF AVERAGE MONTHLY EARNINGS TO 60% AND BY RAISING THE NON-SERVICE INCURRED DISABILITY BENEFIT FROM 30% OF AVERAGE MONTHLY EARNINGS TO 40% AFTER ONE YEAR OF CONTINUOUS SERVICE , 45% AFTER TWO YEARS OF CONTINUOUS i w SERVICE, 50% AFTER THREE YEARS OF CONTINUOUS SERVICE, 55% AFTER FOUR YEARS OF CONTINUOUS SERVICE AND 60$ AFTER FIVE YEARS OF CONTINUOUS SERVICE; AND PROVIDING THAT EXCEPT AS HEREIN AMENDED, ALL OTHER PROVISIONS OF SAID ORDINANCE NO 132 SHALL REMAIN IN FULL FORCE AND EFFECT; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING THAT THIS ORDINANCE SHALL BE j IN FULL FORCE AND EFFECT IMMEDIATELY UPON ITS PASSAGE AND ADOPTION ON FINAL READING. (Continued from May 28 , 1985 Commission Meeting) 5 _ 1 R` Vi i!{ 1 { f 2 OF 6 { 4 I Ii • 4 .3 PL-13-85; Plat approval 'Village Marina' plat; property located at 1540 Griffin Rd. , petitioner - Craig A. Smith & Associates. (9 .083 acres) . AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF • "VILLAGE MARINA" , SAME BEING A PORTION OF TRACT 1 , BLOCK 3 , TRACT 12, BLOCK 4 AND A PORTION OF THE 20 .00 FOOT PLATTED ROAD RIGHT-OF-WAY, LYING BETWEEN SAID TRACTS, THE MARSHALL EVERGLADES LAND COMPANY SUBDIVISION OF SECTION 28 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 , r PAGE 98 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE j PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 28 ; THENCE NORTH O1 DEGREES 42 MINUTES 28 SECONDS WEST, ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION, 145 .77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 25 ' 47" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF GRIFFIN ROAD (AS DESCRIBED IN ORDER OF TAKING CASE ACTION NO. 80-18609 , DATED MARCH 3RD, 1981 ) , A DISTANCE OF 204 .72 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 250 .00 FEET, A DELTA OF 18 DEGREES 30 ' 15" , AN ARC DISTANCE OF 80 . 74 FEET; THENCE TANGENT TO SAID CURVE SOUTH 68 DEGREES 55 ' 32" WEST, 110 .00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A TANGENT CURVE, BEING CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 210 .00 FEET, A DELTA OF 20 DEGREES 56 ' 1711 , AN ARC DISTANCE OF 76 .74 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 2 ,213 .33 FEET, A DELTA OF 02 DEGREES 39 ' 26" , AN ARC DISTANCE OF 102 .65 FEET TO A POINT OF REVERSE, CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, BEING CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2 ,370 .33 FEET, A DELTA w OF 02 DEGREES 35 ' 10" , AN ARC DISTANCE OF 106 .99 FEET TO A POINT ON THE WEST BOUNDARY OF SAID TRACT 1 (THE LAST SIX (6 ) COURSES DESCRIBED BEING COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE) ; THENCE NORTH 01 DEGREES 39 ' 43" WEST, ALONG SAID WEST BOUNDARY, 565 .65 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1 ; THENCE, NORTH 87 DEGREES 31 ' 58" EAST, ALONG THE NORTH BOUNDARY OF SAID TRACT 1 , A DISTANCE OF 661 .97 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1 ; THENCE SOUTH O1 DEGREES 42 ' 28" EAST, ALONG THE EAST BOUNDARY OF SAID TRACT 1 , A DISTANCE OF 146 FEET, MORE OR LESS, TO A POINT ON A NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY BANK OF THE DANIA CUT-OFF CANAL, AS DESCRIBED IN OFFICIAL RECORDS BOOK 12044 , PAGE 809 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 38 DEGREES 27 ' 16" EAST, ALONG SAID SOUTHWESTERLY BANK, 197 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF PARCEL THREE, AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK; THENCE SOUTH 09 DEGREES 45 ' 47" WEST, 7 FEET, MORE OR LESS , TO THE NORTHEAST CORNER OF PARCEL TWO, AS DESCRIBED IN SAID OFFICIAL RECORDS BOOK; THENCE SOUTH 37 DEGREES 25 ' 14" EAST, ALONG SAID SOUTHWESTERLY BANK, 183 FEET, MORE OR LESS TO THE SOUTHEAST CORNER OF SAID PARCEL TWO; THENCE SOUTH 62 DEGREES 22 ' 40" WEST, ALONG THE SOUTH BOUNDARY OF SAID PARCEL TWO, 111 FEET, MORE OR LESS; THENCE SOUTH 87 DEGREES 25 ' 02" WEST ALONG SAID SOUTH BOUNDARY, AND ITS WESTERLY EXTENSION, 115 .78 FEET TO A POINT ON SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE SOUTH O1 DEGREES 42 ' 28" i Continued. . . 3 OF 6 J f Public Hearing Continued Item 4.3 Village Marina Plat EAST, ALONG SAID QUARTER SECTION LINE, 10 .56 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 9 .354 ACRES MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "VILLAGE MARINA" ; 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. (Continued from May 28 , 1985 Regular Commission Meeting) Variances 4 .4 VA-24-85 ; A variance request by Michael L Thomas , Trustee, for the property located at 1610 Griffin Road in Dania, to allow the first floor to be less than 6" above the crown of the road . 4 .5 VA-25-85; A variance request by A. Andreen for the property located at 1327 S. Federal Hwy. , to erect 13 ' high masonry wall on the north side of the property. 4 .6 VA-26-85; A variance request by Ronald L. Tomecek for the property located at 201-223 SE 1st St. in Dania, to allow construcction in clusters of two (cluster of 4 required in RM-12 District) in order to give project a residential appearance rather than a multiple appearance . 5 . SITE PLANS 5 .1 SP-05-85; A preliminary site plan approval request for the construction of the Dania World Trade Center, located at SE 4th Ave. w and Sheridan St . generally located at 400 E Sheridan Street in Dania; Petitioner - Moshe Tubero. 5.2 SP-10-85; A site plan approval request to allow the construction of a fast food restaurant; located at 141 S. Federal Hwy; Petitioner - Church ' s Fried Chicken, Inc. 6 . RESOLUTIONS 6 . 1 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA, AND BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION (BETA) TO PROVIDE WORKSITES FOR ECONOMICALLY DEPRIVED YOUTH BETWEEN THE AGES OF 14 THROUGH 21 YEARS, FOR THE PERIOD OF JUNE 24 , 1985 THROUGH AUGUST 16, 1985 , WHICH SAID PROJECT WILL BE ADMINISTERED BY THE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM OF BETA (SYETP) ; AND PROVIDING FOR AN EFFECTIVE DATE. 6 .2 A RESOLUTION OF THE CITY OF DANIA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE, EQUIPMENT IN THE. AMOUNT OF $8 ,000 .00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; 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. 4 OF 6 6 .3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE EQUIPMENT IN THE AMOUNT OF $7 ,000 .00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS ; 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. 7 . OCCUPATIONAL LICENSE 7 . 1 Terri' s Fireworks, 333 Gulf.stream Road; Roadside firework sales at the location of 1505 S. Federal Highway, Gene' s Mobil Station. 7 .2 Florida Fireworks , 1881 Stirling Road ; Sale of sparkler type fireworks. i 8 . EXPENDITURE APPROVALS 8 .1 Request by Gloria Daly for the City Commission to authorize funds in the amount of $400.00 to help sponsor Dania Police participants (4 ) in the Police Olympics in Tampa beginning June 18 , 1985 . 8 .2 Request to approve retainer fee to Arnstein, Gluck , Lehr, Barron and Milligan in the amount of $5 ,000 .00 ; regarding work done by Cleveland Herring on the City' s Annexation Project. 9 . APPOINTMENTS 9 .1 Re-appointment of Peat, Marwick, Mitchell & Co. , as independent Certified Public Accountants for the year ending September 30 , 1985 . 10 . DISCUSSION i 11 . ADMINISTRATIVE REPORTS 11 .1 City Manager 11 . 2 City Attorney 12 . COMMISSION COMMENT 12. 1 Commissioner Adams 12 .2 Commissioner Hirsch 12 .3 Commissioner Pic 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. i ------------------------------------------------------------------------------ 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 6 1 77 ADDENDUM DANIA CITY COt'P±TSSION REGULAR MFETTNG i JUNF 11 , ] a85 R :00 P.M. i i 1 . CONSENT AGENDA (( ontinued ) 1 .4 AN ORDINANCE OF THE CITY OF D,ANTA , FLORIDA, AMENDING CHAPTti'R 2P OF THE CODE OF ORDINANCES OF THE CITY OF PA.NIA ENTITLED "7.ONING" , P,Y ADDING .A NEW ZONING CLASSIFICATION TO BE KNOWN AS "PORT FVrRGL.ADES nEVFLnP"ENT DISTRICT" OEM ; AND PROVIDIrO Tu,AT ALL OPnINANCFS OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PAPTS OF RESOLUTIONS IN CONFLICT HEREWITH PF REPEALED TO THE EXTENT OF SUCH CONFLICT; ANT) PROVIDING FOR AN EFFECTIVE DATE . 3 . RIDS ( BY .1 � 15 P.N . ) 3 . 1 RECEIPT OF RIDS FOR SURPLUS ITEMS . 9 . APPOINTMENTS 9 . 2 Request to establish Advisory Committer, on Annexation . By ravor w Cook . i j I 1 i CITIZENS COMMENTS AGENDA `+ DANIA CITY COMMISSION JUNE 11 , 1985 8:00 P.M. i I 1 . MR. HAROLD PEARSON, DANIA; SUGGESTION REGARDING A POSSIBLE SOLUTION WITH HOLLYWOOD TO ACQUIRE A BIKE PATH FOR THE AREA BETWEEN THE INTRACOASTAL BRIDGE AND MOTEL 6 ON DANIA BEACH BLVD. I i j Al i i i i 1 i i i :,e. ..4F f I i j 6 OF 6 41 lk 17 71 - CITIZENS COMMENTS AGENDA DANIA CITY COMMISSION JUNE 11 , 1985 f 8 :00 P.M. i 1 . MR. HAROLD PEARSON , DANIA; f SUGGESTION REGARDING A POSSIBLE SOLUTION WITH HOLLYWOOD TO AQUIRE - A BIKE PATH FOR THE AREA BETWEEN THE INTERCOASTAL BRIDGE AND THE MOTEL 6 ON DANIA BEACH BLVD. ! 2 . JUNE STLVF•RNAT,E, REQUEST OF AN UPDATE ON RADAR IN THE CITY. y � I � f 11•� I' •I j IN THE CIRCUIT COURT OF THE qS SEVENTEENTH JUDICIAL CIRCUIT d OF THE STATE OF FLORIDA, IN AND FOR BROWARD COUNTY I FAY M. WISHART, a single woman, Petitioner, No. 85-16865 CN VS. CITY OF DANIA, a Florida mu- nicipal corporation, Respondent. I S U M M A R Y F I N A L J U D G M E N T l THIS CAUSE having come on to be heard upon the peti- tioner 's motion for summary final judgment and the court, F having heard argument of counsel for the parties and being duly I i advised in the premises, believes the meaning of the within I " summary final judgment shall be clearer if the findings of fact i and conclusions of law are first stated and set foith as follows: I r (1) The respondent, City of Dania, is a Florida munici- pal corporation which was created by Ch. 25768, Laws of Fla. ! (1949) , as amended. Such special act, together with all of the =.aJ amendments thereto, is commonly referred to as the "charter" of City of Dania. As a municipal corporation, the respondent-city is deemed to be a unit of local government as defined by §165.031, Fla. Stat. As a municipal corporation and as a unit of local government, City of Dania has general zoning powers over all of the lands within its corporate limits by the authority of its charter (in particular, see Article 1, Part IX, entitled "Zoning" ) as well as by authority of the Municipal Home Rule Powers Act (Ch. 166 , Fla. Stat. ) which is the general law relating to the exercise of municipal zoning powers. 1 I I ' (2) This action in certiorari concerns the issue of the S-4-990 V i i ^I i exercise of the zoning powers of the respondent-city over the certain lands in City of Dania which, at all times material to Ithe petition, have been owned in fee simple by the petitioner, Fay M. Wishart, and which are described as follows: I All of Lots 1 and 2, LESS the East 2 feet of said Lot 2, RESUBDIVISION OF GEORGE E. PHIPPEN' S SUBDIVISION, accord- ing to the plat thereof recorded in Plat Book 35, page 4 , Public Records of Broward County, Florida, said lands situte, lying and being in Broward County, Florida, and LESS that portion of said Lot 1 which was conveyed to Broward County, Florida, by the certain deed dated July 17, 1981, recorded July 27, 1981, in Official Records Book 9709, page 321, Public Records of Broward County, Florida, under administrator ' s registry no. 81-210822. The said lands are sometimes referred to in the remaining parts f I of this judgment as the "Wishart y J 9 parcel. In summary and as will be shown in greater detail in subsequent paragraphs of the 'A within findings of fact, the Wishart parcel had a commercial I zoning classification in 1969 of the type which permitted a retail store to be, operated on the parcel. In 1969, a conve- nience food store was constructed on the parcel and was operated as such by a lessee until approximately 1980. In 1976, the respondent-city adopted a new master zoning ordinance which provided as one of its classifications an RD-6000 classifica- tion which is a residential classification permitting single family and two-family residential uses. In 1977, the Wishart parcel was rezoned to the RD-6000 classification. At such point, the use of the property as a site for a convenience store became classified as an existing, non-conforming use. That is, even though the property was no longer zoned for I commercial purposes, the property could still be used for 1 commercial purposes under the recognized theory of an existing, j non-conforming use. However, because the applicable City of I j Dania ordinance provides that the right to use property as an existing non-conforming use is lost if the non-conforming use j -2- Q� V a F71 is abandoned for more than one year, the right to continue to use the Wishart property for commercial purposes was lost in approximately 1981 (after the lessee had abandoned using the property for commercial purposes for more than one year) . The lessee continued to pay rent until its lease with the peti- t + tioner ended in 1984 . In 1985, the petitioner applied to City i of Dania to rezone the property from the RD-6000 classification to its former commercial classification. After hearings, City of Dania denied the application on June 11, 1985. The com- plaint for certiorari seeks a review of such denial by the respondent-city. I (3) When a municipality wishes to adopt a master or i comprehensive zoning ordinance and then desires to assign the i zoning classifications (as defined under the master or comprehen- sive ordinance) to specific parcels or areas within the cor- porate limits of the municipality, the municipality must ordi- narily proceed in two separate and independent steps. The first step is that of adopting a master or comprehensive zoning i ordinance which merely defines various categories of zoning classifications such as, for example, residential, business or commercial, industrial, etc. Most generally, the master or comprehensive zoning ordinance will state the particular uses which are allowed (or which are prohibited) in each zoning classification or zoning district. Often, the typical master i zoning ordinance will also adopt a series of letter-number { designations to refer to each category (and sub-category) such as, for example, R-1 classification, R-2 classification, R-D classifiction, C-1 classification, C-2 classification and the like. After a municipality adopts a master or comprehensive zoning ordinance which defines all of the uses permitted in the various zoning classifications, the second step then comes into play. The second step involves nothing more than holding 1 -3- j 1 whatever public hearings may be required and then "zoning" each i parcel of land within the corporate limits of the city , so as to allow certain permitted uses as to each individual parcel, by assigning whatever the city commission of the municipality may feel is the appropriate zoning classification to give to each such parcel of land. Any city will usually grow and i expand. New growth patterns will develop so that the environ- ment and other conditions confronting a city in the exercise of its zoning powers will change with the passage of time. A master or comprehensive zoning ordinance which might have seemed to be a perfect remedy for all of the ills and difficul- ties of orderly municipal development at the time of the adop- tion of the ordinance will eventually become outdated over a span of years. When a master or comprehensive zoning ordinance -4, no longer serves the needs of the average city because of - changing conditions, such city will usually start all over again by adopting a new and updated master zoning ordinance f (and repealing it$ earlier master zoning ordinance) and once more following the second step in the process by assigning the classifications adopted in the new ordinance to the various parcels within the city. The court states such basic and preliminary principles concerning municipal zoning procedures, all to serve as a premise to show more clearly the history of the City of Dania zoning process as applied to the Wishart parcel . (4) The affidavit of Paul Maxwell, the Building Official i Of City of Dania, dated July 10, 1985, and attached to the i petition as Exhibit "A", briefly states the history of the master or comprehensive zoning ordinances which have been in j effect from time to time in City of Dania as same concern the Wishart parcel. The respondent-city currently exercises its zoning powers pursuant to its present master or comprehensive -4- zoning ordinance (ordinance no. 100) which was adopted on July i 20, 1976, and which is sometimes referred to herein as the "current master zoning ordinance. " The master or comprehnsive zoning ordinance of the respondent-city which was in effect prior to July 20 , 1976 , but now repealed, is sometimes referred I to herein as the "former master zoning ordinance. " Actually, the court understands that the classifications and uses permitted under the former master zoning ordinance remained in effect for a short savings period after July 20 , 1976--during a period of transition--to allow City of Dania sufficient time to complete the second step of the process by rezoning every parcel in the city to one of the classifications defined under the current master zoning ordinance adopted on July 20, 1976. in effect, the current master zoning ordinance adopted on July 20, 1976, actually became effective as to individual parcels in the city tr- at whatever later time the city rezoned such parcels to the appropriate new classifications assigned to such parcels and as defined under the current master zoning ordinance. (5) Under the former master zoning ordinance of City of Dania which was in effect from some date prior to 1969 and until its repeal on July 20, 1976, by the current master zoning - i ordinance (and subject to the short transition period described in paragraph (4) of these findings) , the Wishart parcel had a B-2 zoning classification. (6) Under the former master zoning ordinance, the B-2 zoning classification was a business or commercial classifica- tion, referred to in portions of the pleadings as a central retail classification, which allowed generally such commercial uses as retail stores, offices and service establishments. According to the affidavit (Exhibit "A") of Paul Maxwell, the J j Building Official of City of Dania, the B-2 zoning classifica- tion under the former master zoning ordinance is substantially L • i 1 ' -5- I identical to the C-2 zoning classification which is defined under the current master zoning ordinance. i (7) In 1969, when the Wishart parcel enjoyed the busi- ness or commercial zoning classification defined as B-2 zoning f i classification under the former master zoning ordinance, a retail store building of the type commonly known as a "conve- nience food store" was constructed on the property. The affida- vit of Paul Maxwell states that City of Dania issued its certifi- cate of occupancy concerning the completion of the construction of the retail store building on November 7 , 1969. Further, the Lill General chain of food stores, as lessee, had the right to possession and occupancy of the Wishart parcel under the provi- sions of a lease agreement which had a term beginning as of I t; September 1 , 1969, and ending as of August 31, 1984 . According to the allegations in the petition, Lill General began the w- operation of a typical type of convenience food store at the Wishart parcel site shortly after November 7, 1969. (8) Among the classifications created by the current master zoning ordinance adopted on July 10, 1976, was a C-2 zoning classification which is a business or commercial classi- fication allowing retail stores, offices and service establish- ments (and substantially identical to the former B-2 zoning classification) and a RD-6000 zoning classification, a residen- tial classification called the "duplex" zoning classification of the respondent-city but one which actually allows a use of property either for single-family dwellings units or two-family dwelling units. The lot size for property zoned RD-6000 zoning classification must be a minimum of 6 ,000 square feet. (9) The RD-6000 zoning classification, a residential zoning classification, requires various front, side and rear setback requirements so that any building constructed on an L -6- • I I RD-6000 parcel must have a minimum front setback of 25 feet, minimum total side setbacks of 14 feet (with each side setback to be a minimum of 7 feet) and a minimum rear setback of 15 feet and with the further requirement that the building must set back 15 feet from any side streets. The C-2 zoning classifi- cation, a commercial classification, requires much less strin- gent setbacks. (10) After the current master zoning ordinance was adopted on July 10, 1976 , the respondent-city then went through the second step of the total process of rezoning a city to the j classifications provided by a new master zoning ordinance by dividing the city into several geographic areas and then adop- ting a specific rezoning ordinance for each of such areas. The i Wishart parcel is located in the southwestern part of City of i Dania. Ordinance no. 125, adopted on February 3, 1977, was the j i ordinance which rezoned most of the southwestern part of the d city (including the Wishart parcel) into the new zoning classifi- cations created by the current master zoning ordinance. (11) Under the terms of ordinance no. 125, the Wishart i parcel was rezoned from the former commercial classification (then, B-2 but now known as C-2) to RD-6000 zoning classifica- tion, the residential district allowing either single-family i dwelling units or two-family dwelling units. This was done approximately eight years after the respondent-city, by the issuance of a certificate of occupancy, had recognized the right of the owner of the parcel to construct the convenience food store leased by the L' il General food store chain. At i such time as the Wishart parcel became rezoned to RD-6000 { zoning classification on February 31 1977, the use of the property for the operation of the convenience food store became classified as an existing non-conforming use. Under the appli- cable ordinance of City of Dania, the right to use property ` L -7- r . under the theory of an existing non-conforming use is lost if the use is abandoned for a period of one year or more. (12) The L' il General convenience food store continued in k operation at the Wishart parcel site for a few years after the property was rezoned to the RD-6000 classification on February 1 31 1977. However, the L' il General good store chain closed and discontinued the convenience food store operation at some date in approximately 1980 although the record indicates that the L' il General chain continued to pay rent on the premises to the petitioner-owner, Fay M. Wishart, until the expiration of the lease on August 31, 1984 . During the last year or so that the lease was in effect, L' il General apparently allowed the store I building to become vacant and unused for any purpose. (13) Under the interpretation which the respondent-city gives to its ordinance regarding non-conforming uses, the right of the petitioner to use the Wishart parcel as the site for a j retail store or as an office or as a service estblishment (or as any other use permitted under the C-2 zoning classification) has been lost because the existing non-conforming use has been abandoned for a period of more than one year. The respondent- city takes the position that the only lawful use which can be made of the property is as a site for either a single-family dwelling unit or a two-family dwelling unit, same being the uses which are permitted under the RD-6000 classification. (14) The court has inspected the series of current, low-altitude aerial photographs which are included in the i appendix and which clearly depict the immediate area where the Wishart parcel is located. Such photographs, taken from dif- ferent angles, show the convenience food store building which appears to be in a good and well-maintained condition. The f property is located on the east side of S.W. Fourth Avenue, a r north-south thoroughfare which runs immediately parallel to the mainline tracks of the Florida East Coast Railroad. That is, ! I the east right-of-way for the railroad tracks abuts the west i line of S.W. Fourth Avenue. No type of fence separates S.W. Fourth Avenue from the railroad tracks. The city' s municipal water tank is directly across from (and west of) the Wishart parcel but on the other side of the railroad tracks. The Wishart parcel is at the southeast corner of the intersection of Stirling Road and S.W. Fourth Avenue. There is a railroad crossing (the Stirling Road crossing) in immediate proximity to the intersection. It appears to be protected by the usual crossing gates, ringing bell system and flashing lights. Stirling Road is a major east-west, limited access throughfare in Broward County, Florida. It is a six lane highway as it passes by the Wishart parcel . S.W. Fourth Avenue is a three lane throughfare j (as it passes in front of the Wishart parcel) and appears from the photographs to be one of the few "through" routes for vehicular traffic to use in crossing the limited access Stirling Road. The limited access characteristics of Stirling Road are (, shown by the long median strips in Stirling Road which indicate that openings (in the median strips) exist only at isolated locations. There is a jog, or off-set, in the route of S.W. Fourth Avenue as it crosses Stirling Road. The pattern of the intersecting streets at the intersection, the turn lanes at the intersection, the jog in S.W. Fourth Avenue and the traffic dangers which are inherent in having the railroad crossing located almost adjacent to the street intersection have caused the need for an elaborate and sophisticated set of overhanging signal devices to be constructed at the street intersection, I not only to control the vehicular traffic approaching the y f j intersection but also to stop all vehicular traffic as trains approach the adjacent railroad crossing. A person standing in front of the convenience store building can look to the west L -9- I i r r I 1 i (and up) and have a perfect view of the nearby steel water tower which supplies water service to City of Dania. He can falso have a closeup view of the freight trains of the Florida i i East Coast Railroad as they pass day and night. If a train does not block his view, he can also look to the west into i ! industrial buildings and sites used as a storage area for an automobile wrecking service and as a garage and parking area for a- garbage scavenging firm. If such person were to look in a slightly northwesterly direction, his view would focus on such business establishments as a drive-in restaurant, a veteri- nary clinic and a drive-in whiskey store. As he looked in a generaly westerly direction, he would also see a number of t large advertising billboards. If he looked in a northerly direction, he would see a large wholesale and retail feed and grain business which is adjacent to a railroad spur track where E I rail freight cars are spotted to allow the off-loading of hay, feed and grain products used for various animal feeds which are sold at the business. On the south side of the feed business i are located large vertical storage tanks to use in loading feed products into tractor-trailer vehicles for which loading facili- ties are provided. The aerial photographs show the rail freight J cars on the spur track and parked tractor-trailer types of vehicles at the loading areas of the feed and grain business. In the immediate vicinity of the feed business is a further commercial type of establishment which appears to have numerous loading bays on the front side for use in loading trucks parked in front of the structure. If the same spectator (standing in I front of the convenience store building) were to look in a i northeasterly direction, his gaze would fall on a large geriatric nursing home facility. ii (15) The aerial photographs also show residences to the I { rear of the convenience store building and in the general area r. -10- ;. j. _ to the south of the store building. A transcript has been filed of the hearings before the zoning boards of the respondent- city regarding an application of the petitioner to rezone the Wishart parcel back to its original B-2 (now C-2) zoning classifi- cation. The attorney representing the petitioner in such zoning i hearings was very careful not to belittle or deny the importance of such residences to the persons living in same. At the same time, -the statements recorded at such hearings brought out that City of Dania is the oldest municipality in Broward County and that the particular area represents one of the early residen- tial areas of the city. The homes nearest to the store build- ing are located in a subdivision known as North Dania Heights which was platted in 1925. ' I (16) The homes located near the Wishart parcel are lo- cated in a general neighborhood which was first established i sixty years ago. Some of the opponents at the zoning hearings were obviously longtime and well-respected residents of City of Dania who had lived in their homes for a good number of years. Nevertheless, if the only issue before the court was that of _a.aaF resolving the zoning question stated by the oft-repeated and hackneyed expression of "determining the highest and best use" of the Wishart parcel, the court feels that the transcript and exhibits (particularlyr the aerial photographs) show that the highest and best use of the parcel must necessarily be some type of business or commercial use. The photographs clearly show that Stirling Road has been rebuilt and improved within recent years to become a major, limited access, six-lane high- way. The intersection of Stirling Road with S.W. Fourth Avenue j� (where the Wishart property is located) is a major and busy I intersection which defeats whatever residential character the general neighborhood may have had in past years. Clearly, the general character of the neighborhood has changed from residen- L . -11- 0 I F-7- tial to commercial. However, the court need not base the within summary final judgment on a determination of what is the highest and best use of the Wishart parcel as the affidavit (Exhibit "A") of Paul Maxwell, Building Inspector, makes it j clear to the court that neither the existing convenience food store building nor any type of new building which might be constructed (if the existing store building were to be demol- ished4 could ever be used for either single family or two- family residential purposes because of the standards imposed by the RD-6000 zoning classification of the respondent-city. (17) The affidavit of Paul Maxwell, Building Official, states that if the owner of the Wishart property were to apply to the Building Department, City of Dania, for the necessary i building permit to convert the existing store building into I some type of single-family or two-family residential building, I i the Building Department would deny the permit to convert the i i structure to a residential use, all because the existing build- ing does not have the necessary setbacks in order to be in compliance with the various setback requirements of the RD-6000 zoning classification and because the width of the parcel does not comply with the minimum width requirements under the RD-6000 zoning classification. Likewise, according to the affidavit, if the owner of the property were to demolish the existing building by razing same to ground level and if the owner then attempted to construct a completely new single-family or two-family building on the property, a building permit would still be denied because the physical dimensions of the property are such i that a new building, regardless of where same might be located i on the property, could never comply with all of the setback and width requirements of the RD-6000 zoning ordinance. I I (18) Finally, such affidavit of Paul Maxwell, Building I Official, concludes that no use can ever be made of the Wishart 1 -12- property under the terms and conditions of the existing RD-6000 classification. At the same time, the affidavit affirmatively states that the existing store building can be used for any of the uses or purposes allowed under the C-2 zoning classifica- tion (if rezoned to the C-2 classification) . f k (19) Where a zoning classification, as applied to a particular parcel of property, has the effect of completely k depriving the owner of any beneficiaul use of his property, the ordinance is invalid as to that property as a confiscatory taking without due process of law. Forde, et al . , v. City of i r Miami Beach, et al. , 146 Fla. 676, 1 So. 2d 642 (Fla. 1941) ; Ocean Villa Apartments v. City of Fort Lauderdale, 70 So. 2d 901 (Fla. 1954) ; City of Miami Beach V. Breit Bay, Inc. , 190 So.2d 354 (Fla. 3d DCA 1966) , certiorari denied, City of Miami Beach ! f v. Breit Bay, Inc. , 200 So. 2d 809 (Fla. 1967) ; Weintraub v. N. s r b" � f R. Field, 143 So. 2d 54 (Fla. 3d DCA 1962) ; Watson v. Mayflower z Property, Inc. , 177 So. 2d 355 (Fla. 2d DCA 1965) ; and Root v. City of South Miami, 190 So.2d 359 (Fla. 3d DCA 1966) . (20) The court finds that the application of the RD-6000 I zoning classification, as defined in the current master zoning ! ordinance of City of Dania, to the Wishart parcel causes the parcel to become totally worthless and of no value whatsoever because no economic use may be made of the property. The existing convenience food store building on the property may not be remodelled or rebuilt so as to convert same into either a single family or two-family residential dwelling. If the j petitioner were to agree to demolish the convenience food store i building, neither a single family nor a two-family residential building could be constructed on the property to take the place of the existing conveniece food store building. Therefore, as i to the Wishart parcel only, the application of the RD-6000 Lzoning classification (under ordinance no. 100) to the parcel i -13- is invalid, illegal, void and of no force and effect. In making such finding, the court comments that the transcript shows that in 1981, a part of the original tract (where the convenience food store building is located) was conveyed by the r petitioner to Broward County for right-of-way purposes and in connection with the widening and improvement of S.W. Fourth Avenue as it approached the intersection with Stirling Road. The transcript further shows that the voluntary conveyance was made by the petitioner to avoid a taking by Broward County under its power of eminent domain. The transcript does not show whether such conveyance--in lieu of a taking under the I power of eminent domain--caused the remaining area (that is, i the present Wishart parcel) to have such dimensions as to make it presently impossible to construct any ty pe of building which ° will comply with the setback and width requirements of the RD-6000 zoning classification. However, an examination of the low-altitude, aerial photographs shows that the Wishart parcel has reasonable dimensions and adequate parking spaces. There- fore, the court is of the opinion that the 1981 conveyance to Broward County of a part of the original tract where the conve- nience store was constructed is immaterial to any issue which is currently before the court. It appears to the court that no property owner should be penalized for his efforts in coopera- ting with a public authority by making a voluntary settlement of the public authority' s need to acquire land for right-of-way purposes instead of forcing the public authority to take the land by an eminent domain proceeding. (21) The transcript is clear in showing that both Frank C. Adler, as City Attorney, and Paul Maxwell, as Building Official, properly and correctly advised the City Commission at its meeting on June 11 , 1985, that, in substance, the equities ff were the petitioner regarding her application to rezone the j i i -14- I i II I a Wishart parcel to C-2 zoning classification and that any denial of the zoning relief sought by the petitioner would be diffi- cult to defend. Notwithstanding such advice from its own advisors, the City Commission, City of Dania, at a regular P meeting on June 11, 1985, denied the application to rezone the Wishart parcel from RD-6000 zoning classification to C-2 zoning } classification. By the complaint in certiorari which is now i before- the court, the petitioner seeks a review of such denial. i (22) in the situation at hand where the Wishart parcel is clearly more suited for commercial uses (of a central retail f type) rather than for single family or two-family residential I uses and where, as a matter of fact, the property cannot be used for single family or two-family residential uses because of the restrictions imposed by the RD-6000 zoning classifica- tion but where the property can be readily used for any of the permitted uses set forth in the C-2 commercial zoning classifica- tion, it was error for the City Commission, City of Dania, to deny the application of the petitioner to rezone the Wishart parcel from its existing RD-6000 zoning classification to C-2 :.., zoning classification. (23) Fla. R. Civ. P. 1 .630, effective as of January 1, 1985, is the rule which now governs the jurisdiction of a circuit court to grant certiorari in connection with the review of a quasi-judicial action of an inferior governmental body such as, for example, a toning decision of a municipality. Since the general subject of certiorari (as related to the jurisdiction of a circuit court) is now subject to the Florida i j Rules of Civil Procedure, the court is of the opinion that the summary judgment procedure (as set forth in Fla. R. Civ. P. I 1.510) is an acceptable method of bringing on for final considera- tion a complaint in certiorari. I -15- i WHEREUPON, it is hereby ORDERED and ADJUDGED as follows: 1 f The petitioner ' s motion for summary final judgment be and the same is hereby granted as the court finds that there is s no genuine issue as to any material fact and that the peti- tioner is entitled to the entry of a summary final judgment in i her favor as to all of the issues in the cause and as a matter i of law. Further, the court does hereby grant certiorari and grants the relief sought by the petitioner. I II. That the action taken by the City Commission, City of Dania, on June 11, 1985, in denying the application of the . � 6 petitioner, Fay M. Wishart, to rezone the following described '. property situate, lying and being in Broward County, Florida, to wit, i All of Lots 1 and 2, LESS the East 2 feet E of said Lot 2, RESUBDIVISION OF GEORGE E. PHIPPEN'S SUBDIVISION, according to the plat thereof recorded in Plat Book 35, page 4 , Public Records of Broward County, k Florida, said lands situte, lying and being in Broward County, Florida, and LESS that portion of said Lot 1 which was conveyed to Broward County, Florida, by s the certain deed dated July 17, 1981, recorded July 27, 1981, in Official Records Book 9709, page 321, Public Records of Broward County, Florida, under administrator's registry no. 81-210822, from its existing RD-6000 zoning classification to the requested C C-2 zoning classification (under the zoning ordinances of City of Dania) be and the same is hereby reversed. III. That the application of the petitioner, Fay M. Wishart, to rezone said property from RD-6000 zoning classification to C-2 zoning classification shall be deemed to be granted by the ientry of the within summary final judgment. The respondent, i -16- City of Dania, is hereby directed to change all of its zoning records to reflect that the zoning classification assigned to said property is C-2 zoning classification as such classifica- tion is defined under the current master zoning ordinance of f Further, the respondent-city is permanently the respondent-city, enjoined, without further order of the court, from attempting to apply any of the terms, conditions or restrictions of the RD-60H zoning classification to such parcel. IV. The respondent, City of Dania, is directed to allow the said property to be used for any of the uses or purposes permitted under the C-2 zoning classification of the respondent-city. Further, the cause is remanded to City of Dania to take what- ! i ever further action is required to change its internal records to show the said property is rezoned from RD-6000 zoning classifica- tion to C-2 zoning classification. (� t DONE and ORDERED in Chambers at Fort Lauderdale, Florida, this L13 day of December, 1985. f i �•I✓Li/i ��"�`^� CIRCUIT JUDGE copy to: Kathleen Molchan c/o Walden and Molchan, P.A. Attorneys for Petitioner Caribank Building 255 East Dania Beach Boulevard Dania, Florida 33004 ' Frank C. Adler City Attorney i City of Dania Suite 301, Bayview Building 1040 Bayview Drive Fort Lauderdale, Florida 33304 j i i ��,ycn�.vr�h� STATE Oi FFLIJEID4 i BR01'/AR�-��u.LYrsraear.�a + '(r DO HEtiEA'CERTIFY the wr FiA.,d focraainD Is a Irus and tw4v,4t PY of Iho briyipal a,it +GPoars on record . end Ls min: omc,.al 11. Ctttail CDwI-CI.rL ul Droward ,� County, flm:da. W 1lf1E5$ mY ha rT en� Of'is °cal al fort Lau Florid, Ihb Il 'duy olA.D. 19 i —17— .- f /lolwr E,loc oo . Cls� e !1 '•� , e `1 DwulY Cl.rlE