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HomeMy WebLinkAbout1985-04-09 Regular City Commission Meeting Minutes and Agenda � �. l MINUTES DANIA CITY COMMISSION REGULAR MEETING APRIL 9 , 1985 INVOCATION - REVEREND MILTON JONES i PLEDGE OF ALLEGIANCE l ROLL CALL Present - Mayor: John Bertino Vice-Mayor: Chester A. Byrd Commissioners : Jean Cook Howard Hirsch Charles McElyea City Attorney: Frank Adler Deputy City Manager: Eugene Jewell City Clerk: Wanda Mullikin Police Chief : Rudolf Rigo Building Official : Paul Maxwell * (At this time, consent agenda items 1 . 3 and 1 .4 and agenda items I 2 . 1 and 3 . 1 were addressed. ) ** (At this time, agenda item 6 . 1 , Presentation by Dania Women' s Club was addressed . ) 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of March 26 , 1985 Regular Commission Meeting Minutes of Organizational Meeting , March 19 , 1985 Minutes of Special Meeting , March 13 , 1985 Ordinances ( First Reading) 1 . 2 (PL-16-85; Plat approval for "300 Sheridan" plat; Property located at 300 ( East) Sheridan St . , Petitioner M. E. Berry II , (4 .9507 + Acres) An ordinance approving the plat of "300 Sheridan" was read for first reading by City Attorney Adler. 1 . 5 (PL-13-85; Plat approval "Village Marina" plat; property located at 1540 Griffin Rd. , petitioner - Craig A. Smith & Associates . (9 .083 + Acres) An ordinance approving the plat of "Village Marina" was read for first reading by City Attorney Adler. ADDENDUM ITEM: 1 . 6 (RZ-22-85 ) ; Rezoning from IG ( Industrial) to C-2 (Commercial) for property located at 1610 Griffin Road; Petitioner Michael L. Thomas , Trustee ( 11 .2 + Acres) . An ordinance rezoning 11 .2 + acres from IG to C-2 zoning j classification was read for first reading by City Attorney Adler. 1 I t A motion was made by Commissioner Hirsch , seconded by Commissioner Cook to approve the consent agenda with the exception of items 1 .3 zand 1 .4 . The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i Regular Meeting 1 April 9 , 1985 i S r ; At this point, Vice-Mayor Byrd called for the delay of final approval on any large construction in the new Federal Highway area until receipt of the City Manager' s report on impact fees with reference to the Dunedin Plan. ` 1 .3 (RZ-14-85; Rezoning from RD-6000 (duplex) to C-2 (Commercial) property located at 222 Wishart . ) SW 2nd Terrace; petitioner Fay M. i A motion was made by Vice-Mayor Byrd , seconded by Commissioner Cook to continue rezoning request RZ-14-85 until the Commission meeting scheduled for May 14 , 1985 , per the petitioner' s request. The motion passed unanimously. 1 .4 (RZ.-15-85; Rezoning from IG ( Industrial) to C-2 (Commercial) , property located at 1125 NE 7th Ave . ; petitioner George L. Farmer. ) A motion was made by Commissioner Cook, seconded by Commissioner Hirsch, to remand rezoning request RZ-15-85 back to the Planning and Zoning Board . The motion passed unanimously. 2. PUBLIC HEARINGS Ordinances (Second and Final Reading) * 2 .1 (PZ-59-84 ; Plat approval for "Bryan Oaks" plat, property located at 180 Bryan Road , petitioner Jan C. Hansen , 4 .20 Acres. ) (Continued from 2/26/85 and 3/26/85 Regular . Commission Meeting. ) 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 "Bryan Oaks" until the next regular Commission meeting of April 23 , 1985 . The motion passed unanimously. 2.2 (PL-10-85 ; Plat approval for "B. & S. Plat" , property located at 500 Taylor Road , petitioner, McLaughlin Engineering Co. , 18 . 5 Acres) Bob McLaughlin,9 , petitioner, stepped forward to request plat approval for "B. & S . Plat" . The Planning and Zoning Board recommended approval subject to the necessary rights-of-way that the City requires. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . An ordinance approving the Plat of "B. & S. Plat" was read for second and final reading by City Attorney Adler. A motion was made by Vice-Mayor Byrd, seconded by Commissioner Cook to adopt the ordinance on second and final reading approving the Plat of "B. & S. Plat" . The motion passed on the following roll call vote: I f Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes I � 2 .3 (PL-09-85; Plat approval for "Bud Plat" feet north of StirlingRd . property located 667 petitioner, McLaughlin � Engineering Co. , 5 Acres) � Bob McLaughlin, petitioner, stepped forward to request plat approval for "Bud Plat" . The Planning and Zoning Board recommended ap proval . Regular Meeting 2 April 9 , 1985 i Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. An ordinance approving the Plat of. "Bud Plat" was read for ! second and final reading by City Attorney Adler. A motion was made by Vice-Mayor Byrd , seconded by j Commissioner Cook to adopt the ordinance on second and final reading approving the Plat of "Bud Plat" . The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 2 .4 (LU-08-85 ; Land use amendment [ Broward County] , property located at 1540 Griffin Road , Village Marina; 9 .0893 Acres) Dennis O'Shea , Attorney representing the petitioner, stepped forward to explain the request for land use amendment which will replenish the 10% flexibility zone. The Planning and Zoning Board recommended approval . Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i An ordinance amending the City' s Certified Land Use Plan Map from Industrial to Commercial , on a parcel of land containing 8 .95 acres more or less , bounded on the North by the Dania Cut-off Canal , the South by Griffin Road, the East by the Dania Cut-off Canal and the west by a line approximately 450 feet East of the northbound lane of Interstate 95 was read for second and final reading by City Attorney Adler. A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to adopt the ordinance on second and final reading amending the City' s Certified Land Use Plan Map. The motion passed on the following roll call vote: s, J Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes Variances 2.5 VA-17-85; Variance for construction of wood deck with insufficient rear setback, for property located at 250 SE 7 Street; petitioner David M. Ecklund . Mr. Ecklund stepped forward to explain the variance request . The Planning and Zoning Board recommended approval . Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to grant the variance to David M. Ecklund. The motion passed unanimously. *** 2 .6 ( Due to the fact that Sheriff Navarro was not yet present and I 1 had expressed the desire to speak to item 2 .6 , Mayor Bertino delayed addressing the item until after item 2.8 . ) i Regular Meeting 3 April 9 , 1985 i J'` r *** 2 .6 VA-18-85; Variance for a temporary minimum detention facility, for property located at 1400 North Federal Highway (Howard Johnsons) ; petitioner Broward County Public Works Dept. i Floyd Johnson, Broward County Administrator, stepped forward to explain the variance request to allow the utilization of ?the Howard Johnsons Hotel on a temporary basis in a backup situation to house the overflow population from the County' s detention facilities in Broward. He pointed out that the facility would house "detainees" only and that it would be used only as backup if the situation arose where the Federally imposed "cap" were reached. He also pointed out that Police Chief Rigo has right of first refusal for each proposed inmate. Mr. Johnson stated that in the event the facility must be used longer than anticipated , the County will pay the City of Dania $1500 per day for every day past July 31 , 1985 . Mayor Bertino opened the public hearing. Clair Clarke spoke in favor of detaining the inmates in the proposed facility rather than allowing them to be released by court order. Hugo Renda spoke in favor, based on the prospect of increased revenue from the County. Eleven citizens spoke in opposition based on the negative effect on the City's growth, the bad image, hazard to community safety and loss of citizens' morale, and a belief f that the use will not be temporary. It was suggested that the Forensic Unit at So. Fla. State Hospital, already equipped for security purposes, be used instead . Scott Cowan, Broward County Commission Chairman, responded to the opposing statements in defense of the County' s position. Mr. Cowan acknowledged that the City of Dania has complete control in this situation and stated for the record that no City Commissioner' s County Commission Board appointment is in jeopardy, no dollars under any other contracts are in jeopardy, regardless of the decision made tonight . Nick Navarro, County Sheriff, said that inmates under the Federally imposed cap and1therHowardy 49 Johnson facility is needed only as a reserve until the new downtown Ft . Lauderdale jail is ready, which should be within the next three months . He stressed the point that Dania' s Chief of Police can refuse any inmate and said that the inmates will he only misdemeanor or third degree felony `offenders , not menaces to the community. Mayor Bertino then closed the public hearing. A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to deny the variance request by Broward County Public Works Dept . The motion to deny passed on the following roll call vote: i Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 2 . 7 VA-19-85 ; Variance to relocate a sign and permit an oversized sign for property located at 1800 Stirling Road ( Burger ' King) ; petitioner Fermax Foods , Inc, ) The Director of Operations for Fermax Foods , Inc, stepped i forward to request a variance to relocate the sign on the approved site plan to the landscaping island in the middle of the property on Stirling Road and to install a 7111 " by 8 '2 " logo sign along with a 1 ' 4" b 8 ' 2" " p 1 Y Breakfast anel. The Planning and Zoning Board recommended approval . Regular Meeting 4 April 9 , 1985 I Mayor Berti y no opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . Building Official Maxwell explained that the City' s ordinance allows a maximum sign size of 50 sq. ft. and that the petitioner is requesting a 64 sq. ft . sign with an additional sign below it increasing it to 75 sq. ft. Mr. Maxwell reported that the Building Dept. recommended approval of the 64 sq. ft . Burger King sign, but recommended denial of the 15 sq. ft . "Breakfast" panel . A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to deny the variance request by Fermax Foods, Inc. During discussion of the motion, Vice-Mayor Byrd and Commissioner Cook agreed that a hardship exists because of the location and spoke against denial . The motion to deny passed on the following roll call vote: Commissioner Cook-no Vice-Mayor Byrd-no Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i 2 . 8 VA-20-85; Variance to allow use of a 55 foot trailer as a test facility for the property located at 1100 NE 7 Avenue; petitioner Antilles Food Corp, The President of Antilles Food Corp. stepped forward to request a variance to allow the use of a 55 ft. trailer as additional space to be used as a test facility to inspect samples of various cargo that comes into Port Everglades . The trailer will only be used for short periods of time as needed and all permanent personnel work in office space inside main building. The Planning and Zoning Board recommended approval based on a one year trial and after one year petitioner must appear before the Board to continue this use. Mayor Bertino opened the public hearing. In response to Gloria Madden' s questions regarding whether any pollutants are involved and whether it' s a temporary facility, the petitioner said that no pollutants are involved and that it is to be a one year variance. Judy Bleich spoke in opposition to the testing being done in Port Laudania and it was pointed out that the company already has the right to do the testing but needs the variance to use trailer space. Hearing Bob Mikes and Paul DiMaio speak in opposition to the use of trailers on the site , the Mayor closed the public hearing . During discussion, it was determined that Antilles Food Corp. is the owner of the premises and the tenant test facility is not represented at this meeting . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to table this item until the next regular Commission meeting . The motion passed unanimously. *** (At this time, Agenda item 2 .6 was addressed. ) ADDENDUM ITEM: i Land Use 2.9 (LU-21-85; Land Use Change to use 20% flexibility for \ property located at 1610 Griffin Road; Petitioner Michael L. Thomas, Trustee ( 11 .2 + Acres) . Regular Meeting 5 April 9 , 1985 ' 1 I, Ross Beckerman , Attorney for the Petitioner, stepped forward to explain that this request for land use change is submitted in conjunction with agenda item 1 . 6 for the Airview Hotel property. The Planning and Zoning Board recommended approval contingent upon rezoning ( RZ-22-85 ) passing on second and final reading. Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. i A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to approve the land use change request by Michael L. Thomas , Trustee , subject to final approval of rezoning request RZ-22-85 . The motion passed on the following roll call vote: Commissioner Cook-yes Vice-Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 3 . SITE PLANS * 3 . 1 SP-05-85; Site Plan for 40-story Dania World Trade Center, for property located at SE 4 Avenue and Sheridan Street; petitioner Moshe Tubero. ( 5 . 246 acres) Request for continuance. i A motion was made by Commissioner Hirsch , seconded by Commissioner Cook to refer this item back to the Planning and Zoning Board. The motion passed unanimously. 3 .2 SP-06-85; Site Plan for rental warehouse with an oil storage tank facility, for the property located at 550 Taylor Road; petitioner K. George Olsen. ( 1 acre) (Continued from March 13 , 1985) The petitioner was not present . Building Official Maxwell reported that the Planning and Zoning Board recommended denial of this site plan request. 9 r R-O Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to deny the site plan request SP-06-85 by K. George Olsen. The motion to deny passed unanimously. 3 .3 SP-07-85; Site Plan for car rental facility, for property located at 1750 Perimeter Road; petitioner General Rent-A-Car. ( 2 .89 acres) The petitioner' s Architect stepped forward to request site plan approval and presented a rendering. The Planning_ and Zoning Board recommended approval . Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice-Mayor Byrd, seconded by j Commissioner McElyea to grant approval for site plan SP-07-85 1 to General Rent-A-Car. The motion passed unanimously. Regular Meeting 6 April 9 , 1985 f I �" ADDENDUM ITEM: 3 .4 SP-08-85 ; Site Plan ( for building of offices and storage) for property located at 1150 Stirling Road; Petitioner Jacques Gallet (2 .17 + Acres) i Jacques Gallet stepped forward to request site plan approval for a warehouse/showroom complex. Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to grant approval for site plan SP•-08-85 to Jacques Gallet . The motion passed unanimously. 4 . BIDS 4 .1 Recommendation on bids for the work contained in the "Water Main Replacement between NE 2nd Ct . and Fronton Blvd. " John Calvin, City Engineer, presented staff ' s recommendation that the bid be awarded to the low bidder, H&H Crane Services Inc. in the amount of $23 ,543 .00 . A motion was made by Commissioner Cook , seconded by Vice-Mayor Byrd to award the bid for the work contained in the "Water Main Replacement between NE 2nd Court and Fronton "} Blvd . " ; Project No. 85-001 , to H & H Crane Services Inc. for the amount of $23 ,543 .00 . The motion passed unanimously. 4 .2 Recommendation on bids for one 3/4 ton pickup truck. Deputy City Manager Jewell presented staff' s recommendation that the bid be awarded to the low bidder, Powell Ford in the amount of $9 ,970 .29. i A motion was made by Commissioner McElyea , seconded by Commissioner Hirsch to award the bid for one 3/4 ton pickup truck to Powell Ford for the amount of $9 ,970 .29 . The motion passed unanimously. 1 5 . OCCUPATIONAI. LICENSE 5 .1 Request for Occupational license by Mr. Alex Akerman for business located on 138 North Federal Highway. It was determined by staff that the application for occupational license submitted by Mr. Akerman contains insufficient information for a proper background investigation. A motion was made by Vice-Mayor Byrd , seconded by Commissioner Cook to continue this item until the next regular Commission meeting of April 23 , 1985 , to give the applicant time to properly complete the application for occupational license . The motion passed unanimously. 6 . PRESENTATIONS ** 6 . 1 Presentation by Dania Women' s Club to the Police & Fire i Departments. Louise Fecteau , Acting President of the Dania Women ' s Club, f stepped forward to present a $300 donation to the Dania Police Department and a $300 donation to the Dania Fire i Department. I i Regular Meeting 7 April 9 , 1985 i 7. APPOINTMENTS 7. 1 Confirmation of Voting Delegate and Alternate to the Broward j League of Cities . A motion was made by Commissioner Hirsch, seconded by Commissioner McElyea to nominate John Bertino as voting delegate and Jean Cook as alternate to the Broward League of 1 Cities . A substitute motion was made by Vice-Mayor Byrd to nominate Jean Cook as voting delegate and John Bertino as alternate to the Broward League of Cities . Commissioner Cook said she prefers to continue to be the alternate . The original motion passed unanimously. A motion was then made by Commissioner Cook to nominate Chester Byrd as voting delegate to the National League of Cities . Vice-Mayor Byrd respectfully declined the nomination. Mayor Bertino passed the gavel and made a motion, seconded by Commissioner Hirsch to reappoint Commissioner Cook as voting delegate to the National League of. Cities . The motion passed unanimously. 8 . PROCLAMATIONS 8 .1 Proclamation in recognition for the addition of the Disney Channel to Broward Cablevision and in appreciation to Mickey w- i Mouse and Donald Duck for their personal visit to the City of Dania . Mayor Bertino proclaimed April 13 , 1985 , as "The Disney Channel Day" . 9 . DISCUSSION ADDENDUM ITEM: 9 . 1 Parcel located North of 1150 Stirling Road; Request permission to submit a petition for a land use change from Residential Multiple to Commercial using the 58 flexibility; by Jacques Gallet. Jacques Gallet stepped forward to request permission to apply for a land use change. A motion was made by Commissioner Cook, seconded by Commissioner Hirsch to grant permission to Jacques Gallet to apply for a land use change. The motion passed unanimously. 10 . ADMINISTRATIVE REPORTS 10 . 1 City Manager - no comment. 10 .2 City Attorney Adler commented on the reversal by the Supreme Court in favor of the City of Hialeah on a case involving building department liability. He also said that copies of the Dunedin impact fee ordinances will be distributed to the Commissioners this week . i 11 . COMMISSION COMMENT E 11 .1 Commissioner Cook inquired about the City Attorney's progress re an ordinance against detention facilities in the City of �. Dania. City Attorney Adler reported that he is still L checking into it. Regular Meeting 8 April 9 , 1985 i i I t •! i Commissioner Cook notified the City Manager' s office that a citizen who had requested to be put on the agenda re parking v at the Beach was overlooked. Deputy City Manager Jewell apologized for the oversight and assured Constance Carpenter that she will be placed on the next agenda, f 11 .2 Commissioner Hirsch commented on the excellent job that the Miami Herald did in their expose of private clubs and k expressed objections to the discriminatory practices of some of the clubs. f 11 .3 Commissioner McElyea expressed an observation that the City staff is doing a very good job. 11 .4 Vice-Mayor Byrd commended City Attorney Adler on obtaining the impact fee information. 11 . 5 Mayor Bertino commented on parking at the Beach , suggesting some permit parking spaces at the South end of the Beach. Mayor Bertino also commended the citizens of the City of Dania for the way they conducted themselves at tonight' s meeting . S 12. CITIZENS' COMMENTS Concerned Citizens of Dania, would like to speak in reference to repealing Ordinance Number 02-85; (Ordinance regarding Height Restrictions) . Tony Stevens . Tony Stevens , representing the Concerned Citizens of Dania , appealed to the Commission to repeal ordinance no. 02-85 which allows 40 story buildings , and to revert back to the prior ordinance which utilizes the variance process . He indicated that if the Commission does not repeal the ordinance , the civic organization will take steps through due process to place it on a referendum. During discussion of the issue, City Attorney Adler advised that it is not proper to address height variations in new construction through the variance process. The possibility of considering the addition of further safeguards to the ordinance, such as posting notices for site plans and assuring that site plans must come before the Commission, was also discussed. This Regular Commission Meeting was then adjourned. rr ;r d2 MAYOR-COMMISSIONER `CITY i i Regular Meeting 9 April 9 , 1985 I AGENDA DANIA CITY COMMISSION REGULAR MEETING APRIL 9 , 1985 8 :00 P.M. INVOCATION - Milton Jones i PLEDGE OF ALLEGIANCE ROLL CALL 1 . CONSENT AGENDA Minutes 1 . 1 Minutes of March 26 , 1985 Regular Commission Meeting 1 .2 Minutes of Organizational Meeting, March 19 , 1985 . 1 .3 Minutes of Special Meeting, March 13 , 1985 . Ordinances ( First Reading) 1 .2 (PL-16-85; Plat approval for "300 Sheridan" plat; Property located at 300 (East) Sheridan St. , Petitioner B.E. Berry II, (4.9507 Acres) AN ORDINANCE. OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF 11300 SHERIDAN" , SAME BEING THE E 1/2 OF THE SE 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 3 , TOWNSHIP 51 SOUTH, RANGE 42 EAST, LESS THE SOUTH 50 FEET THEREOF FOR ROAD RIGHT-OF-WAY. SAID LANDS SITUATE , LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND r- CONTAINING 4 .9507 ACRES ( 215,651 SO. FT. ) MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS , AS SHOWN ON SAID PLAT OF "300 SHERIDAN" ; 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. 1 .3 (RZ-14-85; Rezoning from RD-6000 (duplex) to C-2 (Commercial) F property located at 222 SW 2nd Terrace; petitioner Fay M. Wishart. ) 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 4 , 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. 1 OF 6 1 . 4 (RZ-15-85; Rezoning from IG (Industrial) to C-2 (Commercial) , property located at 1125 NE 7th Ave. ; petitioner George L. Farmer. ) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: PARCEL "A" , SEA-AIRE NO. 4 , ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 100 , PAGE 37 , OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LESS THAT PORTION LYING WESTERLY OF AND WITHIN 531 .80 FEET OF THE EAST LINE OF THE SW 1/4 OF THE SW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION IG 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. 1 . 5 (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 , -� PAGE 98 , OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTH QUARTER CORNER OF SAID SECTION 28 ; THENCE NORTH O1 DEGREES 42 ' 28" WEST, ALONG THE NORTH-SOUTH QUARTER SECTION LINE OF SAID SECTION, 145 .77 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 25 ' 24" WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF GRIFFIN ROAD (AS DEPICTED ON RIGHT-OF-WAY MAP, PROJECT I-95 TO U.S. #1 , BOND PROJECT 004110E, SHEET 6 OF 9 ) , 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 ' 1511 , AN ARC DISTANCE OF 80 .74 FEET; THENCE TANGENT TO SAID CURVE SOUTH 68 DEGREES 55 ' 09" 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 ' 17" , 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 ' 2611 , 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 OF 02 DEGREES 34 ' 59" , AN ARC DISTANCE. OF 106 .86 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 ' 52" WEST, ALONG SAID WEST BOUNDARY, 565 .72 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1 ; THENCE NORTH 87 DEGREES 31 ' 45" EAST, ALONG THE NORTH BOUNDARY OF SAID TRACT 1 , A DISTANCE OF 532 .69 FEET TO THE WATER' S EDGE OF THE DANIA CUT-OFF CANAL; THENCE SOUTH 33 DEGREES 32 ' 05" EAST, 11 . 76 FEET; THENCE Continued. . . 2 OF 6 Consent Agenda Continued Item 1.5. . . SOUTH 48 DEGREES 18 ' 03" EAST, 33 .94 FEET; THENCE SOUTH 42 DEGREES 22 ' 30" EAST, 37 .89 FEET; THENCE SOUTH 37 DEGREES 09 ' 53" EAST, 36 .77 FEET; THENCE SOUTH 43 DEGREES 50 ' 14" EAST, 106 . 60 FEET; THENCE SOUTH 34 DEGREES 42 ' 31 " EAST, 52 .00 FEET; THENCE SOUTH 34 DEGREES 46 ' 24" EAST, 19 .65 FEET; THENCE SOUTH 34 DEGREES 38 ' 40" EAST, 9 .89 FEET; THENCE SOUTH 36 DEGREES 21 ' 44" EAST, 31 .48 FEET; THENCE SOUTH 36 DEGREES 12 ' 53" EAST, 21 .92 FEET; THENCE SOUTH 30 DEGREES 59 ' 02" EAST, 25 .17 FEET; THENCE SOUTH 40 DEGREES 29 ' 13" EAST, 47 .66 FEET; THENCE. SOUTH 39 DEGREES 44 ' 20" EAST, 36 .77 FEET; THENCE SOUTH 37 DEGREES 42 ' 22" EAST, 45 .48 FEET; THENCE SOUTH 38 DEGREES 54 ' 13" EAST, 40 .48 FEET; THENCE SOUTH 36 DEGREES 01 ' 26" EAST, 21 .98 FEET (THE LAST SIXTEEN (16 ) COURSES DESCRIBED BEING COINCIDENT WITH THE WATER' S EDGE, OF THE. SAID DANIA CUT-OFF CANAL) ; THENCE SOUTH 62 DEGREES 22 ' 40" WEST, 107 .40 FEET; THENCE SOUTH 87 DEGREES 25 ' 01 " WEST, 115 .78 FEET TO THE SAID NORTH-SOUTH QUARTER SECTION LINE; THENCE SOUTH 01 DEGREES 42 ' 29" EAST, ALONG SAID LINE, 10 . 56 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, CONTAINING 9 .083 ACRES ORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "VILLAGE, MARINA"; AND ?30VIDTNG THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS TOTHEEXTENT OFA SUCH OCONFLICT TAND SPROVIDING IN IFORHANEEFFECTIVEEDATE. 2• PUBLIC HEARINGS tr Ordinances (Second and Final Reading) 2 .1 (PZ-59-84; Plat a pprvl for 180 Bryan Road, petitioner Jan rC. Hansen,yan Oaks" p4 .20 Acres. ) located at AN ORDINANCE OF THE CITY OF DANIA, FLORIDA APPROVING THE PLAT OF "BRYAN OAKS" , SAME BEING THE NORTH 295 FEET OF THE EAST 660 FEET OF THE NW 1/4 OF THE SE 1/4 OF SECTION 33 , TOWNSHIP 50 SOUTH, RANGE 42 EAST; SAID LANDS LYING IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND " ALLEYS, AS SHOWN ON SAID PLAT OF "BRYAN OAKS" ; 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 2/26/85 AND 3/26/85 REGULAR COMMISSION MEETING) I i 3 OF 6 2 .2 (PL-10-85; Plat approval for "B. 4 S. Plat" , property located at 500 Taylor Road, petitioner, McLaughlin Engineering, Co. , 18.5 Acres) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "B. & S. PLAT" , SAME BEING THE WEST 17. 69 FEET OF THE SW 1/4 OF THE SW 1/4 OF SECTION 26 , TOWNSHIP 50 NORTH 30 FEET; TOGETHER WITH: SOUTH, RANGE 42 EAST, LESS THE 333 .44 FEET OF THE SOUTH 435 .34T FEET AOF THE NORTH ST 315. 75 E4655 . 34T OF H FEET SOF THE SW 1/4 OF THE SW 1/4 OF SAID SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST; TOGETHER WITH: THE E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE NORTH 30 FEET FOR ROAD RIGHT-OF-WAy (TAYLOR ROAD) , AND LESS THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE NORTHEAST CORNER OF SAID E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 27, TOWNSHIP 50 SOUTH, RANGE 42 EAST, THENCE SOUTH 2 DEGREES 01 ' 16" EAST, ALONG THE EAST LINE THEREOF, FOR A DISTANCE OF 30 .00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF TAYLOR ROAD; THENCE SOUTH 89 DEGREES 27' 51 " WEST, ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 54 .35 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT-OF-WAY LINE, FOR A DISTANCE OF 286 . 72 FEET TO A POINT ON THE WEST LINE OF SAID E 1/2 OF THE E 1/2 OF THE SE 1/4 OF THE SE 1/4 , THENCE SOUTH 1 DEGREE 59 ' 09" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 107 . 29 FEET; THENCE NORTH 53 DEGREES 361 15" EAST, FOR A DISTANCE OF 146 . 52 FEET; THENCE NORTH 81 DEGREES 55 ' 38 " EAST, FOR A DISTANCE OF 116 . 25 FEET; THENCE NORTH 82 DEGREES 25 ' 19" EAST, FOR A DISTANCE OF 116 . 2 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THE WEST 501 .80 F50 .39 EET OF THE EAST 531 .80 FEET OF THE SOUTH 444 .55 FEET OF THE SW 1/4 OF tir THE SW 1/4 OF SECTION 26 , TOWNSHIP 50 SOUTH, RANGE 42 EAST LANDS LYING IN DANIA, BROWARD COUNTY, FLORIDA i SAID DEDICATION FOR PUBLIC USE OF ALL STREETS AND ACCEPTING THE SHOWN ON SAID PLAT OF B. & S . PLAT" ; ' HIGHWAYS AND ALLEYS, AS ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONSD PROVIDING THAT OR PALL ARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from 3/12/85 Regular Commission Meeting) 2.3 (PL-09-85; Plat approval for "Bud Plat", property located 667 feet Acres) ug north of Stirling Rd. , petitioner, McLahlin Engineering, Co. 5 AN ORDINANCE OF THE � "BUD PLAT CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF ", SAME BEING ALL THAT PORTION OF THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4. AND THE SOUTH 138.46 FEET (AS MEASURED AT RIGHT ANGLES) OF THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING WEST OF THE SEABOARD SYSTEM RAILROAD; SAID LANDS LYING IN DANIA, BROWARD COUNTY, FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE, OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "BUD 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. (Continued from 3/12/85 Regular Commission Meeting) i 4 OF 6 1 2.4 (LU-08-85; Land use amendment [Broward County] , property located at 1540 Griffin Road, Village Marina; 9.0893 Acres) AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE CITY' S CERTIFIED LAND USE PLAN MAP FROM INDUSTRIAL TO COMMERCIAL, ON A PARCEL OF LAND CONTAINING 8 .95 ACRES MORE OR LESS, BOUNDED ON THE NORTH BY THE DANIA CUT-OFF CANAL, THE SOUTH BY GRIFFIN ROAD, THE EAST BY THE DANIA CUT-OFF CANAL AND THE WEST BY A LINE APPROXIMATELY 450 FEET EAST OF THE NORTHBOUND LANE OF INTERSTATE 95 ; PROVIDING FOR SEVERABILITY; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE I REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Continued from 3/12/85 Regular Commission Meeting) Variances 2 .5 VA-17-85 ; Variance for construction of wood deck with insufficient rear setback, for property located at 250 SE 7 Street; petitioner David M. Ecklund . 2 .6 VA-18-85; Variance for a temporary minimum detention facility, for property located at 1400 North Federal Highway (Howard Johnsons) ; petitioner Broward County Public Works Dept . 2 .7 VA-19-85; Variance to relocate a sign and permit an oversized sign for property located at 1800 Stirling Road (Burger King) ; petitioner Fermax Foods , Inc. 2 . 8 VA-20-85; Variance to allow use of a 55 foot trailer as a test • facility for the property located at 1100 NE 7 Avenue; petitioner Antilles Food Corp. ._ i 3. SITE PLANS 3 . 1 SP-05-85 ; Site Plan for 40-story Dania World Trade Center, for property located at SF. 4 Avenue and Sheridan Street; petitioner Moshe Tubero. ( 5 .246 acres ) REQUEST FOR CONTINUANCE. 3 .2 SP-06-85; Site Plan for rental warehouse with an oil storage tank facility, for the property located at 550 Taylor Road; petitioner K. George Olsen. ( 1 acre) ( Continued from March 13 , 1985) 3 . 3 SP-07-85; Site Plan for car rental facility, for property located --* �� at 1750 Perimeter Road; petitioner General Rent-A-Car. ( 2.89 acres) 4 . BIDS 4 .1 Recommendation of bid for the work contained in the "Water Main ' Replacement between NE 2 Court and Fronton Blvd ." 4 . 2 Recommendation on bid for one 3/4 ton pickup truck. 5. OCCUPATIONAL LICENSE 5 .1 Request for Occupational license by Mr. Alex Akerman for business located on 138 North Federal Highway. ! 6. PRESENTATIONS 6 .1 Presentation by Dania Women' s Club to the Police & Fire Departments. 7. APPOINTMENTS 7 .1 Confirmation of Voting Delegate and Alternate to the Broward League of Cities . 5 OF 6 L� II 8 . PROCLAMATIONS 8 . 1 Proclamation in recognition for the addition of the Disney Channel to Broward Cablevision and in appreciation to Mickey Mouse and Donald Duck for their personal visit to the City of Dania. 9 . DISCUSSION - None 10 . ADMINISTRATIVE REPORTS 10 .1 City Manager 10 .2 City Attorney 11 . COMMISSION COMMENT 11 .1 Commissioner Cook 11 .2 Commissioner Hirsch 11 .3 Commissioner McElyea 11 .4 Vice Mayor Byrd 11 .5 Mayor Bertino 12 . 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 the City Manager. In the event that the responded to by the office of 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. 6 OF 6