HomeMy WebLinkAboutR-1995-026 :.
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RESOLUTION NO. 26-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA,
ACTING UNDER 380. 111, F ORIDAST TUTES U AND RFLORIDA ADMINISTRATIVE CODE
ITY OF SECTION 380.06 AND
RULE 9J-2.027, DETERMINING THAT PROPOSED CHANGES TO THE
DEVELOPMENT OF REGIONAL FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT
MACT
TUTE A
SUBSTANTIAL DEVIATION UNDERISECTION(380.06(1O9) , FLORIDA
STATUTES REQUIRING DRI REVIEW AND ACTION BY THE CITY OF
DANIA, THAT BROWARD COUNTY IS IMPLEMENTING A MODIFIED
PLAN OF DEVELOPMENT IN VIOLATION OF SECTION 380.06,
FLORIDA STATUTES, AND ORDERING BRO
AN APPLICATION FOR DE WARD COUNTY TO SUBMIT
AND TO C VELOPMENT APPROVAL WITHIN 60 DAYS,
EASE AND DESIST IN EACH AND EVERY ACTION TO
IMPLEMENT THE MODIFIED PLAN UNTIL A FINAL ORDER RELATING
CONTAINING TO THE MODIFIED PLAN IS RENDERED BY THE CITY OF DANIA;
FINDINGS
ONS OF LAW;
PROVIDING FORENFORCEMENT OFT ORDER; AND,IPROVIDING AN
EFFECTIVE DATE.
n March 23,
No. 449 Eissuedoa Development o82, the f Regional Impact Of (DRI) Resolution
order approving with conditions the Airport Facility Expansi development
at the Fort Lauderdale-Hollywood International Airport (original
D.O. ) ;
WHERL,S, Broward County, acting by and through its county
commission and the Broward County Aviation Department B
the owner, the operator, and the developer of the Airport Facility Y
Expansion DRI; and, ( �) � is
WHEREAS, the DRI approved with conditions by the City of Dania
consisted of certain improvements at the Fort Lauderdale-Holl
International Airport, described as the expansion of the existing r
terminal buildin
g, relocation and expansion of certain terminal ti
support facilities, construction of a new aircraft parking apron
and expansion of the existin taxi additional vehicle parking facilities andsexpansion of he ground
access system for expanded terminal facilities; and,
RESOLUTION NO. 26-95
Page 2
WHEREAS, in accordance with Section 380.06, Florida Statutes,
an Application for Development Approval for the Airport Facility
Planning Coun
Expansion DRI was filed by BCAD with the South Florida Regional
cil (SFRPC) , the SFRPC prepared and submitted to the
City of Dania a report and recommendations on the regional impacts
of the proposed development, the SFRPC recommended that the Airport
Facility Expansion DRI be approved by the City of Dania subject to
incorporating 31 conditions into the development order, the City
Commission of the City of Dania conducted a
with the City Commission of Fort Lauderdale andothe in BrowardhCounty
Commission, and after conducting public hearings on January 27
1982, February 23, 1982 and March 4, 1982, the the City of Dania rendered the origi Citnal D.O.
application subject to the conditions contained in Resolution No.
449 and approving the -
,
Expans WHEREAS, he Plan
include development
widening,the Airport Facility
extension of the southern east-west runway, g' strengthening and
to 9,000 feet, nor a change in use Of the runw,afr m 5,276 feet
aviation to air transport use;
and, �' general
WHEREAS, Broward County has approved a modified plan of f
development for the widenin
expansion) and change in use of runwaystrengthening, extension (runway
9R-29R-27L; and,
Of developmen Broward County is now implementing the modified plan
t
pertaining to the runway expansion and change in use
of the runway by authorizing, by purchase or condemnation, the N J
acquisition of 97.5 acres of land to the east of the airport for nt`the runway extension (east land addition b
106 acres of land to the west of the airport (west land addition) , t /
) . y changing the use of S Previously condemned by
PpBroward
t cause County for noise mitigation
Purposes, to airport support i
addititemson;
Revenue Bond to finance the acquisitionand ofof theoving aeast rland
addition; and, �.
modifW EREAS' Pursuant to Section 380.06(19) , Florida Statutes, the
plan of development is a substantial deviation from the
Previously approved Airport Facility Expansion DRI; and,
WHEREAS, the modified plan of development is subject further DRI review in accordance with the requirements of Section
380.06, Florida j to
Statutes; and,
WHEREAS, implementation of a modified plan of development that
constitutes a substantial deviation from a previously approved DRI
without complying with the requirements of Section 380.06, Florida
.'tlr TM
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RESOLUTION NO. 26-95
Page 3
Statutes is a violation, which is enforceable by the City of Dania
Pursuant to Section 380.06 and Section 380.11, Florida Statutes,
and Florida Administrative Code Rule 9J-2.027; and,
WHEREAS, Broward County failed, and refuses, to cease and
desist in taking actions to implement the modified plan of
development until after further DRI review and action by the City y�
of Dania; and,
� q
WHEREAS, on February 28, 1995, the City Commission, after r .V
complying with all pertinent notice requirements of Florida
Statutes and the City of Dania code, conducted a quasi-judicial
Public hearing on the alleged violation; and,
WHEREAS, all procedural requirements of the laws of the State
of Florida and the City of Dania code have been met; and, :7
WHEREAS, the City Commission, after weighing all the competent
evidence presented at the hearing, has determined that (1) the f
proposed modified plan of development for the runway expansion is 4
a substantial deviation requiring further DRI review and (2) the
actions of Broward County to implement the modified plan of
development without p j
of
Dania is a violation of the requirements review aof Section 380nd action by t06 Flohe rida
Statutes; and, ,
WHEREAS, the City Commission believes that it is in the public y
interest to order Broward County to cease and desist from any
action whatsoever to implement the modified plan of development for
the runway extension, and to be enjoined from doing so, until
Broward County complies with the lawful requirements of Section
300.06, Florida Statutes.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
y`
Section 1. Development Identification
(a) Description of the Original Development
(1) The original development is described in Development of Regional Impact the
Application for
Development Approval [ADA] for the Fort Lauderdale-
International Airport, prepared for the Aviation Division
of the Broward County Department of Transportation, by
Environmental Science and Engineering, Inc. and Reynolds,
made
haapa tlofhis Rest olut on as Exhi9bit 1. the ADA is
RESOLUTION NU. 26-95
Page 4
(2) The original development did not widening, strengthening, include the
or extension of runway 9R-27L
or the change in use of the runway from general aviatio,
n
to air transport category.
3) The
acq original
uisition of97.5 acres o in the east land additionthe
the change of use of 106 acres in the west land addition.
(b) Descriotion of the Modified Develo ment. "' '
i
(1) The modified plan of development is described in the
Fort Lauderdale-Hollywood International Airport Master
Plan Update (1994 Master Plan) and the Part 150 Study,
prepared for the Broward County Aviation Department, by
Leigh Fisher Associates, et al. , dated March 1994.
Copies of the 1994 Master Plan and the Part 150 Study are
made a part of this Resolution as Exhibits 2 and 3,
respectively.
(2) The modified plan includes the widening of runway 9R-
allow 27L from lb , to 1501 , the strengthening of the runway to
runway from 5,276,category aircraft, the extension of the
the runway to 9.000 and the change in use of
i
category, y from general aviation to air transport
(3) The modified plan requires the acquisition of 97.5 w
acres of land to the east of the airport for the extended
runway. The legal description of each parcel comprising
the east land addition and a map are made a
Resolution as Exhibit 4.
part of this
acres is superimposed on the CityOfdDania map a Exhibit
iction of the 97.5
5 to this Resolution.
(4) The modified plan adds an additional 106 acres to the
airport for airport related use and changes the use of
the property to transportation use. The west land
addition is depicted on the City of Dania map as Exhibit
5 to this Resolution.
- e�c'y�"Il,ynn
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9
RESOLUTION NO. 26-95
Page 5
Section 2. Substantial Deviation Determination
Findin a of Fact Conclusions of Law and Order.
FINDINGS OF FACT.
The
in
Section 1 are incorpor h a ed ntoereas and madeuaepart of these findings
and the Statements in
f14 .
Of fact.
4
2.
976,
the Departments OfRAdministration, eissuedl an of b ndingeletter, SLID
1177-002, in which it determined that the PlanningB in
Complex was a DRI. Proposed New Terminal +
On August 19, 1977, in response to a change in
the proposed development, the Division of State Planning issued a
binding letter, SLID 1178-001, again determining that the
air terminal complex facility is a DRI and ordered BrowardrCouosed
nty
to comply with the DRI review and a
380.06, Florida Statutes. On PProval requirements of Section
Wagener, Director of the Browardtember 16, 1977, Mr. L.
requested reconsideration of the binding letter of determination.
County Aviation Division,
The Division of State planning affirmed its Prior determinations on xt
January 26, 1978 and again ordered Broward County to submit to DRI
review and approval.
19, 1977, t September 16, 197rue 7 and of tthe he September
Janus
er 10, 1976, August
are made a part of this Resolution as Exhibit 6 26, 1978 letters i
3• Subsequently, on June 5, 1979, functioning as the state
Planning and development clearin house under U.S. Office of
Management and Budget Circular A-95g he Division of State Planning
reviewed a NEPA Environmental Impact Assessment Report for the
development of a new terminal complex and advised Mr. Wagener that
"this Proposed project is a Development of Regional impact DRI
Pursuant to Chapter 380, Florida Statutes. . .
A true co �
June 5, 1979 letter is made a Part of this Resolution as Exhibitt7.
4. Broward County eventually submitted an A
by the SFRPC. See, Exhibit
Development for DRI review ,
Application for
Development of Regional Impact ArA
international Airpo_t, dated for the Fort Lauderdale August 1981.
5• The SFRPC issued its report and recommendations for the
Fort Lauderdale-Hollywood international Airport Terminal Expansion
in January 1982. A true copy of the SFRPC report is made a part of
this Resolution as Exhibit 8.
6.
e City Of Dania
No. 449, on,lor ab ut, March 23a 1982 the
A trueOriginal
co D.O. ' Resolution D.O. is made a part of this Resolution as Exhib it 9 f the on
ginal
5 +• �, a i +llax.� cP 55�k'ryys:Aa
RESOLUTION NO. 26-95
Page 6
7• Section 4, ¶ G of Resolution No. 449 incorporates the
Application for Development Approval into the original D.O.
Section 3, Q C specifically provides:
The development proposal included development proposals Matter
(1990 plan) , future
apron, future
ancillary
Develome , designated in the project
n as future terminal
international fture employee structuralparking, future
on-site hotel, which are r not incle air uded du for rev ew in and theADA. Since Section 380.06, Florida Statutes re -�
that all development ancillaryquires �.
inuded in
the ADA, the applicant will have to submit to the Council
ISFRPC) and the City of Dania amendments to the ADA prior !
to proceeding with the identified projects.
8. The ADA did not identify any future expansion of runway
9R-27L, and such a proposal was not reviewed by the SFRPC nor
approved by the City of Dania.
9. Broward County later approved an Airport Master Plan
Update Study and a Part 150 Study for the airport. The Airport
Master Plan Update Study and a Part 150 Study were prepared by
Aviation Planning Associates, et al. in September 1987. True j
copies of the 1987 Master Plan and the Part 150 Study are made e
part of this Resolution as Exhibits 10 and 13,1 respectively. The
master plan recommended a development program for airfield
improvements. The development
phases: program was proposed for three
• Phase I: 1986-1991
• Phase II: 1991-1996
• Phase III: 1996-2006
Phase II includes improvement no. "II-9 Cons Runwa R 27L to
Transport Standards (1991) . The improvementtruct is described as: y
1
The complete redevelopment Of utility Runway 9R/27L to a
6,000 by 150 foot transport runwa transport aircraft runway lengthydesign utilizing Class standards, II
is
air carr '
required to provide the Airport with a second parallel
of the acisition of avi
ier runway. This project includes the relocation
ease entsania Off hetennds ff Ofa9R and 27L; the constructigonation
of
a 6,000-foot runway, parallel taxiway and associated
terminal area NAVAIDs; and the removal of all hangar
facilities along the south airfield.
RESOLUTION NO. 26-95
Page 7
s
See, 1987 Master Plan at page VI-15.
10*
Depar ent of O August 21 Y 1988, Broward County and the Florida
Communit
pment Agreement
under entered into a Preliminary
allowed Broward Section 380.06, Florida Statutes
in the 'Airfield r 1' to construct certain airfield im • that a<
Improvements-and mrimprovementsgr� (identified as Perimeter
Airfield
, and "Airfield ElectricalRimwrov 9L-27R "
review upon the P ementa^ and Taxiway
development is express r—'arKanty by Broward ) prior to DRI
approval a substantial deviation re County that the
substantial deviation upon application sa 4uiring DRI review and
agreement to file with the SFRPC a
s months (5 months for development a agreement after the pre-application conference) within
date. Broward Count
Development Agreement to extend thlater ) of the
deviation a amended the substantial
filed to application to 11 months- of filing a substantial
are made this date. True copies of the agreement 1epplication has •;k'^""
a part of the Resolution as Exhibit g ement and the not been
12. not
p
11. Broward County incorporated the 1987 Airport
Update Study, proposing a 6,000• runway,
into the 1989 Broward Count and the paremaster eplan t
True copies of relevant 1' Comprehensive Plan and Land Use plan 150 t
use plan are made a part of this tions oResolutiof the n aseExhib Exhibit 13 and land
12- In may 1993 KPMG Peat Services, presented i3,Technical Report-arick
Master Plan Update;
Runway
Consulting
Airport, prepared for�BCpD rt Lauderdale-Holl Y Feasibility Study _
a Part of this Resolution asAExhib t the technical reod port "a made
report is the following14• The sole P is made
recommendation; object of the
Therefore, the Broward Commission requested to approve the a ten ion and widenin is hereby
9R-27L• • -to a length of 9,000 feet and a
200 feet. . .for the 4 of Runway
Purpose of enabling; width of up to
1• Preparation of a revised draft Ai
and submittal of the draft Airport Layout Plan (ALP)
Administration �p to the Federal
important step (FAA) approval of Aviation
im ) FAA a
eligibility fo federatowarl ensuring the the ALP is an
necessaryrunway
airspace, aid programs and for protecting
2. Acquisition of all properties
Project [east land acquisition] . construct to c
quiaition] , the
RESOLUTION NO. 26-95
Page 8
a
3• Completion of the current Master plan
Noise Compatibility Program and FAR part 150
updates, including the time
line for the runway extension and related noise
Mitigation programs
See Exhibit 14 at page iv.
��• •rne runway expansion technical report was a
Broward County Commission on May 14, 1993.
of
commission official approved by the
Exhibit 15. action is made a part of this Resolution the nas
14. All the actions recommended in the runway expansion technical
report have occurred, or they have been author
County Commission. ized, by the Broward
(a) The 1994 Master plan Update, depicting the 9,000' runway
expansion, and the Part 150 Study were approved by the
Broward County Commission and BCAD was authorized to
transmit the Master Plan Update to the F
1994. See, Exhibits 2 and 3. ''� on April 5, y .
(b) The Broward County Purc Commission authorized the east land
acquisition by purchase on May 25, 1994. the
offers
were made to all the property owners in the acquisition
area. The county commission authorized the taking of the
properties by eminent domain on copies of the authorizations January 24, 1995. True
Resolution as Exhibit 16. are made a part of this
land acquisition are legallyThe Properties in the east
Exhibits 4 and 5. described and depicted in
,- 15. The Broward County Commission authorized the issuance of
Series 1993 Bonds (Airport System Revenue Bonds
bonds under Resolution No. 82-A-2 on Jul as Of the costa of the east land ac y 6, 1993 to fund additional
Prion
runway expansion. The quisition and certain costs poftthe
Of this Resolution as Airport System Revenue Bond is Exhibit 17. made a part
16. As part of its modified plan of development,County changed the use of the land in the west land acquisition
from noise Pment, Broward
use
to airport support use
Broward County Land Use Plan Future Land Use Element to change the
land use designations by amending the
Transportation. from Residential and Industrial
this Resolution ash Exhibit county 18mmission resolution is made a to
part of
Ph
t '
t /
woo
RESOLUTION NO. 26-95
Page 9
to 17• The modified plan of development has not been submitted
the South Florida Regional
review. Planning Council for further DRI
re
to IS. The modified plan of development has not been submitted
the City of Dania for
deviation fr action on the Om the further substantial
de approved DRI.
19. The City of Dania demanded that Broward County submit the �..
modified plan of development for DRI substantial deviation review
and action by the city, p T
and the county refused. True copies of the I
city•s notice is made a part of this Resolution as Exhibit 19.
CONCLUSIONS OF LAW.
20• Broward County approved changes to a previously approved
DRI. The modified plan includes the widening of runway 9R-27L from
100• to 1501 , the strengthening of the runway to allow use by all
category aircraft, the extension of the runway from 5,276, to
9,000' , the change in use of the runway from general aviation to
air transport category, the east land acquisition and the change in
use of the west land acquisition.
21. The modified
categorical subst anti al deviation lan f development
Section 380 06(19) (b)2. ,
Florida Statutes.
22. The Broward County actions to change the use of the west
}^ land addition and to acquire the east land acquisition are W
presumptive substantial deviations under Section 380.06(19) (e)3. ,
" Florida Statutes.
23. Broward County is implementing the modified plan of
development by its actions to (a) change the use of the west land
acquisition; (b) acquire the east land acquisition; and, (c) ibaue
bon•+s for land acquisition and capital improvement costs.
24. Broward County is in clear violation of the express
mandate of Section 380.06(19) , Florida Statutes, requiring
substantial deviation DRI review.
ORDER.
25. Broward County shall submit a substantial deviation
application for DRI review within 60 days of the effective date of
this order.
w
RESOLUTION NO. 26-95
p Page 10
26.to change the ware County shall
of Land in themmediately cease and desist actions
tune as the City of Dania takes west land acquisition
application. action on a bst ntjalunt" such
deviation
Sectj_n
Transmittal.
This Resolution shall be transmitted to
Broward County Board of Count
Aviation Department the Chairperson of the
and the p tment, the Florida Commissioners the Broward County
South Florida Regional Planning Department of
Council.
Affairs
Section 4. Effective Date,
A
This Resolution shall be in force and take effect
upon its passage and adoption.
immediately
PASSED AND ADOPTED this 28th day of Febr
uary, 1995. '
APPROVED:
ATTEST: {
+znzux CC�) ISSIONER
rT
"sue AUDITOR `-
APPROVED FOR U t
� I , 3
FORM AND CORRECTNESS
By:
Frank C. Adler, Cjt
Y Attorney
ASI
9356v1o.taa 'k
Resolution No. 289
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SAILEY HUNT & .JONES .•.
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
RAUL A. ARENCIBIA
GUY B. BAILEY, JR. COURVOISIER CENTRE • SUITE 300
ELIZABETH 5, DAKER 501 BRICKELL KEY OF COUNSEL
KATHY J. BIBLE DRIVE LAWRENCE M IAM1, FLORIDA 3 3131-2 6 23 S. EVgNS
SCOTT L. OgGAN J. BRUCE IRVING
TIMOTHY CONE TEL, (305)374-5505 ROBERT E. S.:HUR STEVFN CARLYLE CRONIG FAX (305)374-6715
DAMES C CUNNINGHAM,JR. SENIOR COUNSEL
RICHARD M. DAVIS WM. R. DAWES
EARL G. GALLOP GEORGE J. BATA
JUDITH B. GREENE (INACTIVE)
JEROME M. HESCH
RICHARD H. HUNT,JR.
BRUCE HURWITZ
JESSE C. JONES
FJ
March 2, 1995 yf .
Y j
VIA BEDERAL EXPRESS
I
I
Charlene Saltalamacchia
City Of Dania
100 West Beach Blvd.
Dania, FL 33004
Re: Original Resolution No. 26-95
Dear Charlene:
I enclose a conformed original Resolution No. 26-95, which was
approved by the it Commission at
28, 1995, The enclosed docum its ent deletesub references in the title
hearinglic on February and in the order to Broward County to suspend authority to ac '
the land east of Runway 9R-27L� in accordance with the trial
court's writ of quire
prohibition, and corrects several non-
T typographical errors. The original resolution was properly„i with the Florida Department of Commune
Kindly have the enclosed conformed resolution xecuted and entered
among the public records of the City of Dania.
On Marchn 1, 1995,
k
{^ Additionally, please transmit
to all the parties copies of the conformed
:.- listed on the service list in the
same manner that they were previously served with the notice of
6,p
•
a
Charlene Saltalamacchia
March 2, 1995
Page 2
hearing, i.e. , certified mail, ret. receipt req. to the chairperson
of Broward County and the BCAD.
Very tr yours,
arl G. Gallop
EGG:sgs
Enclosure
cc: Robert F. Flatley, City Manager (w/o enclosure)
Edward R. Curtis, Special Counsel (w/enclosure)
9]Sti�alt.l[r
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BAILEY HUNT & JONES
A PROFESSIONAL A_fSOCIATION
ATTORNEYS AT LAW
_ . . - .. Y
711
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,
17
CITY OF DAN-f ',
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 Phone: (305) 921-8700
DANIA, FL 33004 Fax: 305
i
FAXED TO #425-1006
February 9, 1995
Legal Department
Ft. Lauderdale News/Sun-Sentinel
333 SW 12 Avenue
Deerfield, FI 33441
— Attention: Carolyn
Dear Carolyn:
We would like the attached "Notice of Public Hearing"to run in the
legal ad section on Fridays, February 17 and 24, 1995.
— If there is any problem with the ad or the dates as requested, please
contact me immediately at extension #212.
— Thank you for your assistance in this matter. i
Sincerely,
e alam ichia
City Clerk's Department
— Attachment
cc: Mr. Ray Daly
i
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CITY OF DANIA
NOTICE OF PUBLIC HEARING
A public i:earing will be held by the City of Dania on Tuesday, February 28, 1995, at 7:30
P.M., or as soon thererBer as it appears on the agenda, at the City of Dania Ciry Hall, in the
m Comission Chambers, 100 West Dania Beach Boulevard, Dania, For 33004
a ,
THE On COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE
THAT ;� QUASI-JUDICIAL. HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06,
FLORIDA STATUTES, RELATING TO DEVELOP
MENTS OF REGIONAL IMPACT, IS SCHEDULED •r' ,�FOR. HEARi,\G ON FEERUARY 28, 1995, Al 7:30 P.M. IN' THE CITY COMMISSION CHAMBERS
AT THE DANIA CITY HALL. 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA, 33004. !THE PURPOSE OF THE HEARING IS TO DETERMINE WHETHER BROWARD COUNTY, ACTING
THROUGH ITS COUNTY COMMISSION AND THE BROWARD COUNTY AVIATION �
M
DEPAkrME.NT. IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY UNDERTAKING TO I,MPLE:,IE\T A ,MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF
DANIA. THE SLBjECT MATTER O!° THE HEARING CONCERNS THE EXTENSION OF RUNWAY
9R-27L AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND HE
RELATED BRO\k'ARD COUNTY ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY
r
AND TO CHANGE THE USE OF LAND TO THE WEST OF THE RUNWAY.
N THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN
CONSIDER ENFORCEMENTACTION.
A COP)
O
CONCLUSIO 5 OFA LA PROPOSED RESOLUTION
AND ANN O DER ISON FIILE IN THE CLERK'S OFFICE AND MAY
8E REVIEWED PRIOR TO FHE HEARING.
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND
BE HEARD AT THE MEET!i(G ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE
ALSO INVITED AND rMP:r' BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST `DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING
(F.S. 163.3184!.
YOU ARE HEREBY
SIRES TO APPEAL ANY DECISION
:MADE WITH RESPECTD
TO ANY MATTER C PERSONVIS"D THAT IF ANY
O-NSIDEREDAT HE S MEETING OR HEARING, SUCH
WHIC INCLUDES
OH RECORDUTHE TESTIMONY AND EVIDENCCE UPON WHICH F THE DTH AING IPPEALDS TO BE BASED iF.S.286-0105)
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BAILEY HUNT & JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
A ARENCIBIA COURVOISIER CENTRE • SUITE 300 OF COUNSEL
RAJL JR.
LCY
DUT 0, oAI . SOI BRICXELL KEY DRIVE LAWRENCE S. EVANS
LLIv/LTH S. BAKER
M IAMI, FLORIDA ]]I]I-262] J. BRUCE IRVING
AAfHYj. BIBLE
,. ROBERT E. SCHUR
�CDYT L, CAGAN TEL. (]OS)]TA-SSOS TIMOTHY CONE FAX (]OS)374-6713
ITLVLN CA RLYLE ORONIG SENIOR C__
OUNSCL
•JAML•J C. CUNNING HAM, JR. WM. R. DAWES
RICMARO M. DAVIS GEORGE J. BAYA
CARL G• GALLOP (INACTIVL)
JUDITH B. GREENE
J(ROMf M. HESCH
RICHARD M. HUNT,JR.
L MUCf HURWITZ
J LSSE C.JONES
S'{tom
February 16, 1995
Ms. Marie J. Jabalee
City Clerk, City of Dania
100 West Beach Boulevard
I Dania, FL 33004
Re: Proposed Resolution for Enforcement Hearing
Broward County Aviation Department
Dear Ms. Jabalee:
This letter encloses the proposed resolution concerning the
quasi-hearing on the alleged violation by Broward County of Chapter 1
380.06, Florida Statutes. Kindly transmit copies of this
resolution to the persons identified on the service list, with the
exception of Ms. Lautenschlager, who received a copy from Mr.
Curtis. Also, please advise me of the resolution number as soon as
one is assigned.
Very t yours,
G. Gallop
EGG:sgs 4`
Enclosure
cc: Robert Mikes, Mayor
Robert F. Flatley, City Manager
Frank C. Adler, City Attorney
Edward Curtis, Special Counsel
9756Jnb.jt
4
MINUTES
DANIA CITY COMMSSIOIV
REGULAR MEETIlVG
FEBRUARY 28, 1995
INVOCATION BY REVEREND AMYERS
ROLL CALL
Present:
Mayor: Bob Mikes g1
Vice Mayor. Bobbie Grace
Commissioners: John Bertino
Bill Hyde
Albert Jones
City Manager: Robert Flatley
City Attorney: Frank Adler
Acting City Clerk: Marie Jabalee
The Black History presentation was heard at the beginning of the meeting.
I. PUBLIC IWAR17VG NOTICE x
City Attorney Adler advised that the proper notice has been given and that a public
hearing is being conducted for an alleged violation by Broward County of Section 380.06 '' 3
Florida Statute which relates to developments of regional impact. He advised that a letter
addressed to Mayor Mikes has been received from the County Attorney which is being
filed with the City Clerk.
City Attorney Adler read instructions to the City Commission relating to how they
should conduct themselves as a jury for the Quasi Judicial Hearing and swore in Attorney r --
Ed Curtis, Attorney Earl Gallop and Will Allen, Growth Management Director, for
testimony purposes.
The City Commission Of The City Of Dania, Florida, Hereby Give Notice That A
Quasi-Judicial Hearing On An Alleged Violation Of Section 380.06, Florida Statutes,
Relating To Developpmenu Of Regional Impact, Is Scheduled For Hearing On
February 28, 1995, At 7:30 P.M. In The City Commission Chambers At The Dania
f The a
City Hall, 100 West Dania Beach Boulevard, Dania, Florida. The Purpose O
Heann� Is To Determine Whether Broward County, Acting Through Its County "'•-
Commtssion And The Broward County Aviation Department, Is In Violation Of
Section 380.06, Florida Statutes,By Undertaking To Implement A Modified Plan Of
Development Prior To Submittingg An Application For Development Approval For
Review And Action By The City Of Dama. The Subject Matter Of The Hearing
Concerns The Extension Of Runway 9r•271 At The Fort Lauderdale•Hollywood
International Airport And The Related Broward County Actions To Acquire Land To
The East Of The Runway And To Change The Use Of Land To The West Of The
Runway.
REGULAR MEETING 1 FEBRUARY 28, 1995
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In The Event The Ciry Commission Determines That Broward Countv Is In
Violation Of Section 38C.06, Florida Statutes, The Commission Will Then Enforcement Action. Consider
A Copy Of A Proposed Resolution Containing Findings Of Fact, Conclusions Of
Law And An Order Is On File In The City Clerk's Office And May Be Reviewed
Prior To The Hearing.
All Parties May Present Evidence And Interested Persons May Appear And Be Heard
At The Meeting On This Quasi-judicial Hearin gg Written Comments Are Also
Invited And May Be Submitted To The Office Of The City Clerk, 100 West Dania
Beach Boulevard, Dania, Florida, Prior To The Advertised Meeting(F.S. 163.3184).
You Are Hereby Advised That If An Person Desires To Appeal Any Decision Made
With Respect To Any Matter Considered At This Meeting Or Hearing, Such Person
Will 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 (F.S. 286-0105).
After Weighing All The Competent Evidence Presented At The Above.Mentioned
Quasi-Judicial Public Hearing, The Dania City Commission Will Address The
Following Resolution:
"A Resolution Of The City Commission Of The City Of Dania, Florida, Acting
Under Authority Of Section 380.11, Florida Statutes, And Florida Administrative
Code Rule 91'-2.027, Determining That Proposed Changes To The Fort Lauderdale-
Hollywood International Airport Development Of Regional Impact(Dri? Constitute
A Substantial Deviation Under Section 380.06(19), Florida Statutes Requiring Dri
Review And Action By The City Of Dania, That Broward County Is Implementing A
Modified Plan Of Development In Violation Of Section 380.06, Florida Statutes,And
Ordering Broward County To Submit An Application For Development Approval
Wichin 60 Days, To Suspend Authority To Acquire Land To The East Of Runway 9r-
271, And To Cease And Desist In Each And Every Action To Implement The Modified
Plan Until A Final Order Relating To The Modified Plan Is Rendered By The City
Of Dania; Containing Findings Of Fact And Conclusions Of Law; Providing For
Enforcement Of The Order;And Providing An Effective Date."
Attorney Ed Curtis Explained That Boxes With Exhibits To The Resolution And All '
Notices That Were Sent To Any Interested P And Newspaper For Publication Are a x
Being Filed With The City Clerk Of The City
ty Of Dania.
Note: A Court Reporter Was Provided By The City Of Dania And A Transcript Of '
The Public Hearing Will Be Provided As Part Of The Minutes For This Meeting.
A motion was made by Commissioner Bertino, seconded by Commissioner Hyde to adopt
the Resolution with all Exhibits that will be kept in a separate file box in the City Clerk's
Office.
City Attorney Adler explained that the Resolution requires Broward County to file a
request for approval of their impact plan within 60 days and if they need more time then
thev would have to ask for an extension from the City of Dania.
REGULAR MEETING 2 FEBRUARY 28, 1995
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The motion to adopt the Resolution passed on the following roll call vote:
Commissioner Bertino-yes yes
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Commissioner Hyde
Commissioner Jones -yes s Mayor Mikes-yes Vice Mayor Grace-no2. PRESENTATIONS
The Black History Month Presentation was heard at the beginning of the meeting.
*Black History Month presentation by Dr. Martin Luther King,Jr. Elementary School, a
Ms. Luce- Thomas, Principal
Lucy Thomas and her students from the Dr. Martin Luther King,Jr. Elementary School
presented a program honoring black history.
The Commission began the Quasi Judicial Hearing at this time I
The Chamber Presentation was heard at the end of the Quasi Judicial Hearing
r
*Laura Piccolo, Vice President of Governmental Affairs for the Dania Chamber, reported
that new officers have been appointed for 1995 and that Chamber updates will be presented
on a quarterly basis instead of a monthly basis. The new officers are as follows:
Vice President of Economic Development-Mimi Donly
President Elect-Myrtle Corbin
Vice President of Public Relations-Jerilyn O'Neil
Treasurer-Lorett Breznikar
All other Vice Presidents remain active
Ms. Piccolo explained that the Chamber held a successfu156th Annual Installation and
Awards Banquet on February 4 at the Graves Museum of Archeology and Natural History
and that Awards were presented as follows:
Joe Dorsey- Outstanding Citizen Award
Peggy Breeschoren - Outstanding Senior Citizen Award
Wanda Mullikin and Frank Adler-Pioneer Citizen Award
Pedro Hing-Humanitarian Award
The monthly Breakfast was held at the Hilton Hotel and City presented information about the completion and opening of the ier. Thee Robert
Busi F. ness �q
Card Exchange was held at Flossie's Bar& Grill and the Executive Board Meeting is being
held tomorrow night. The time-and location of the March Breakfast and Card
d B rA
Exchange will be discussed tomorrow night.
Ms. Piccolo mentioned that the Chamber has scheduled a golf tournament at the Rolling
Hills Golf Course tentatively for June 4, 1995.
PULLED FROM THE CONSENT AGENDA
Commissioner Hyde pulled item 3.5 from the Consent Agenda.
REGULAR MEETING
3 FEBRUARY 28, 1995
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These images were produced in the normal course of business by:
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1213 South 30 Avenue, Hollywood, FL. 33020
Brow: (305) 927-4404 Dade: (305) 625-0509 t
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RESOLUTION NO. 26-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA, ACTING UNDEr: AUTHORITY OF SECTION 380.06 AND
380. 11, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE
RULE 9J-2.027, DETERMINING THAT PROPOSED CHANGES TO THE
FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT
DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER SECTION 380.06(19) , FLORIDA ,
STATUTES REQUIRING DRI REVIEW AND ACTION BY THE CITY OF
DANIA, THAT BROWARD COUNTY IS IMPLEMENTING A MODIFIED PLAN OF DEVELOPMENT IN VIOLATION OF SECTION 380.06,
FLORIDA STATUTES, AND ORDERING BROWARD COUNTY TO SUBMIT : J
AN APPLICATION FOR DEVELOPMENT APPROVAL WITHIN 60 DAYS,
AND TO CEASE AND DESIST IN EACH AND EVERY ACTION TO
IMPLEMENT THE MODIFIED PLAN UNTIL A FINAL ORDER RELATING
TO THE MODIFIED PLAN IS RENDERED BY THE CITY OF DANIA;
CONTAINING FINDINGS OF FACT AND CONCLUSIONS OF LAW;
PROVIDING FOR ENFORCEMENT OF THE ORDER; AND, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 23, 1982, the City of Dania by Resolution
No. 449 issued a Development of Regional Impact (DRI) development
order approving with conditions the Airport Facility Expansion DRI
at the Fort g
Lauderdale-Hollywood International Airport (original
D.O. ) ; a
WHEREAS, Broward Count ;y
commission and the Broward County Aviation n Department (BCAD)h its ,lnis
the owner, the operator, and the developer of the Airport Facility
Expansion DRI; and, f
WHEREAS, the DRI approved with conditions by the City of Dania
consisted of certain improvements at the Fort Lauderdale-Hollywood
International Airport, described as the expansion of the existing
terminal building, relocation and expansion of certain terminal
support facilities, construction of a new aircraft parking apron
and expansion of the existing taxiway system, construction of ti+
additional vehicle parking facilities and expansion of the ground
access system for expanded terminal facilities; and,
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RESOLUTION NO. 26-95
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WHEREAS, in accordance with Section 380.06,
an Application for Develop Florida Statutes,
ment Approval for the Airport Facility
Expansion DRI was filed by BCAD with
Planning Coun the South Florida Regional
City of Dania cil (SFRPC) , the SFRPC prepared and submitted to the
a report and recommendations on the re
gional imts
of the proposed development, the SFRPC recommended that the Airport
Facility Expansion DRI be approved by the City of Dania subject to
in
corporating 31 conditions into the development i
Commission of the City of D order, the City
ania conducted a joint public hearing
with the City Commi
Commission, a ssion of Fort Lauderdale and the Broward County
nd after conducting public hearings on January
1982, February 23, 1982 and March 4, 19ginal D.O. approving the
449; and, , the City Commission of
27
82
the City of Dania rendered the ori application subject to the conditions contained in Resolution No.
WHEREAS, the plan of development for the Airport Facility
Expansion DRI did not include the extension the widening. strengthening and
to 9,000 feet
south=r' G"c--West runway, 9R-27L
nor a change from 5,276 feet K�
et in use of the
aviation to air, transport use; and, runway from general
WHEREAS, Broward County has a development for the widenin PProved a modified plan of
expansion) and change in use of runwayt9Rn27L; and ension (runway
WHEREAS, Broward County is now implementing the modified plan
of development pertaining to the runway expansion and change in use
Of the runway by authorizing, by purchase or condemnation, the
acquisition of 97 .5 acres of land to the east of the airport for
the runway extension (east land addition) , by changing the use of
i 106 acres of land to the west of the air ort
previously condemned b P (west land addition) ,
Purposes, to airport support Broward County for noise mitigation
' Systems Revenue Bond to financethe ac by approving an Airort
addition; and, acquisition of the east land
4
WHEREAS, Pursuant to Section 380.06(19) , Florida Statutes, the
modified plan of development is a substantial deviation from the
i
previouslyaAirport approved Facility Expansion DRI; and,
WHEREAS, the modified plan of development is subject to '
further DRI review in accordance with the requirements of Section
380.06, Florida Statutes; and,
WHEREAS, implementation of a modified plan of development that
constitutes a substantial deviation from a previously approved DRI
without complying with the requirements of Section 380.06, Florida
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RESOLUTION NO. 26-95
Page 3
Statutes is a violation, which is enforceable by the City of Dania
Pursuant to Section 380.06 and Section 380. 11, Florida Statutes,
and Florida Administrative Code Rule 9J-2. 027; and,
WHEREAS, Broward County failed, and refuses, to cease and
desist in taking actions to implement the modified plan of
development until after further DRI review and action by the City N,t;
of Dania; and,
WHEREAS, on February 28, 1995, the City Commission, after
complying with all pertinent notice re Statutes and the City of Dania code, conducted a quasi-judicial !
public hearing on the alleged violation; and,
Of Floridan a a ll and the procedural
City ofD nia code have b been met s and,
athe State
WHEREAS, the City Commission, after weighing all the competent
evidence presented at the hearing, has determined that (1) the '
proposed modified plan of development for the runway expansion is x?
a substantial deviation requiring further DRI review and (2) the
actions of Broward County to implement modified Plan of
development without prior DRI review and action by the City ofr
Dania is a violation of the requirements of Section 380.06, Florida
Statutes; and,
WHEREAS, the City Commission believes that it is in the public
interest to order Broward County to cease and desist from any
action whatsoever to implement the modified plan of development for
Browardthe runway extension, and to be enjoined from doing so, until
County complies
380.06, Florida Statutes.with the lawful requirements of Section
380.06,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. Development Identification
(a) Description of the Original Development
(1) The original development Develo is described in the
pment of Regional Impact Application for
Development Approval [ADA] for the Fort Lauderdale-
International Airport, prepared for the Aviation Division
of the Broward Count ion
Department artme P nt of
Environmental Science and Engineering,TInc. and Reynolds,
Smith and Hills, dated August 1981. A copy of the ADA is
made a
part of this Resolution as Exhibit 1.
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RESOLUTION NO. 26-95
Page 4
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(2) The original development did not include the
widening, strengthening, or extension of runway 9R-27L,
or the change in use of the runway from general aviation
to air transport category.
(3) The original development did not include the t
acquisition of 97.5 acres in the east land addition or
the change of use of 106 acres in the west land addition.
(b) Description of the Modified Development
(1) The modified plan of development is described in the
Fort Lauderdal .—Hollywood International Airport Master
Plan Update (1994 Master Plan) and the Part 150 Study,
prepared for the Broward County Aviation Department, by
Leigh Fisher Associates, et al. , dated March 1994.
Copies of the 1994 Master Plan and the Part 150 Study are
made a part of this Resolution as Exhibits 2 and 3,
respectively.
(2) The modified plan includes the widening of runway 9R-
27L from 100' to 150' , the strengthening of the runway to
allow use by all category aircraft, the extension of the
runway from 5,276, to 9,000', and the change in use of
the runway from general aviation to air transport
category, p
(3) The modified plan requires the acquisition of 97.5I _
acres of land to the east of the airport for the extended
runway. The legal description of each parcel comprising
the east land addition and a map are made a part of this
Resolution as Exhibit 4. A graphic depiction of the 97.5
acres is superimposed on the City of Dania map as Exhibit
5 to this Resolution.
(4) The modified plan adds an additional 106 acres to the
airport for airport related use and changes the use of
the property to transportation use. The west land '
addition is depicted on the City of Dania map as Exhibit r,
5 to this Resolution.
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RESOLUTION NO. 26-95
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Section 2. Substantial Deviation Determination
Findin s of Fact Conclusions of Law and Order.
FINDINGS OF FACT.
1• The recitals in the Whereas clauses and the statements in
Section 1 are incorporated into and made a part of these findings
4..
Of fact. s
2• On September 10, 1976, the Division of State Planning, in
the Department of Administration, issued a binding letter, BLID
1177-002, in which it determined that the proposed New Terminal
Complex was a DRI. On August 19, 1977, in response to a change in
the proposed development, the Division of State Planning issued a
binding letter, BLID 1178-001, again determining that the proposed
air terminal complex facility is a DRI and ordered Broward County
to comply with the DRI review and approval
380.06, Florida Statutes. On Setember1 requirements1 , Mr Section
E.
Wagener, Director of the Broward County Aviation Division,
requested reconsideration of the binding letter of determinationons .
The Division of State planning affirmed its January 26, 1978 and again ordered Broward County Prior tosubmit tlto DRI �M4y
review and approval. True copies of the September 10, 1976, Au A4' gj
19, 1977, the September 16, 1977 and the January 26, 1978letters i
are made a part of this Resolution as Exhibit 6.
3• Subsequently, on June 5, 1979, functioning as the state
planning and development clearing house under U.S. Office of - -„
Management and Budget Circular A-95, the Division of State Planning _
reviewed a NEPA Environmental Impact Assessment Report for the
development of a new terminal complex and advised Mr. Wagener that
"this proposed project is a Development of Regional Impact (DRI)
Juneu5,11979 to Cle tter is made a part of hater 380, Florida tthis Resolution ascExhibof
itt7.
4• Broward County eventually submitted
Development d an P f Ap
plication 1'i DRI re PP cation view for
b t Development of Re Y he SFRPC. See, Exhibit 1,
International Airport,ldat d Impact t 1 for the Fort Lauderdale-
gust 1981.
5• The SFRPC issued its report and recommendations for the
Fort Lauderdale-Hollywood International Airport Terminal Expansion
in January 1982. A true copy of the SFRPC report is made a part of
this Resolution as Exhibit 8.
6. The City of Dania rendered the original D.O. , Resolution
449,
about March D.O. ismade arpart oaf, this Resolution as Exhibit the original
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RESOLUTION NO. 26-95
Page 6
7. Section 4, ¶ G of Resolution No. 449 incorporates the
Application for Development Approval into the original D.O.
Section 3, ¶ C specifically provides:
The development proposal included future ancillary
development proposals, designated in the project Master
Development Plan as future terminal (1990 plan) , future
international apron, future employee parking, future
structural parking, future air cargo building, and future
on-site hotel, which are not included for review in the
ADA. Since Section 380.06, Florida Statutes, requires
that all development ancillary to a DRI be included in
the ADA, the applicant will have to submit to the Council
[SFRPC] and the City of Dania amendments to the ADA prior
to proceeding with the identified projects.
8. The ADA did not identify any future expansion of runway
9R-27L, and such a proposal was not reviewed by the SFRPC nor
approved by the City of Dania.
9. Broward County later approved an Airport Master Plan
Update Study and a Part 150 Study for the airport. The Airport
Master Plan Update Study and a Part 150 Study were prepared by
Aviation Planning Associates, et al. in September 1987. True
, T} copies of the 1987 Master Plan and the Part 150 Study are made a
part of this Resolution as Exhibits 10 and 11, respectively. The
master plan recommended a development program for airfield
s improvements . The development program was proposed for three
phases:
• Phase I: 1986-1991
• Phase II: 1991-1996
• Phase III: 1996-2006
Phase II includes improvement no. "II_-9 Construct Runway 9R/27L to 4�Transport Standards (1991) . " The improvement is described as:
The complete redevelopment of utility Runway 9R/27L to a
6,000 by 150 foot transport runway, utilizing Class III
transport aircraft runway length design standards, is
required to provide the Airport with a second parallel
air carrier runway. This project includes the relocation
of the Dania Cut-Off Canal; acquisition of avigation
easements off the ends of 9R and 27L; the construction of
a 6,000-foot runway, parallel taxiway and associated
terminal area NAVAIDs; and the removal of all hangar
facilities along the south airfield.
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RESOLUTION NO. 26-95
® Page 7
See, 1987 Master Plan at page VI-15.
10. On August 21, 1988, Broward County and the Florida
Department of Community Affairs entered into a Preliminary
Development Agreement under Section 380.06, Florida Statutes, that
allowed Broward County to construct certain airfield improvements
in the "Airfield Improvement Program"
Roads and Airfield Improvements", "Runway(identified
and"Perimeter
,J Improvements", and "Airfield Electrical Improvements") prior to DRI
review upon the express warranty by Broward County that the
development is a substantial deviation requiring DRI review and
approval, and upon its agreement to file with the SFRPC a
substantial deviation application for development approval
hin
6} months (5 months after the pre-applicati n conference) of theagreement date. Broward County later amended the Preliminary
Development Agreement to extend the date of filing a substantial
deviation application to 11 months. The application has not been
filed to this date. True copies of the agreement and the amendment
are made a part of the Resolution as Exhibit 12.
11. Breward County incorporated the 1987 Airport Master Plan ; ' f
Update Study, proposing a 6,000' runway, and the Part 150 Study j into the 1989 Broward County Comprehensive Plan and Land Use Plan.
True copies of relevant portions of the comprehensive plan and land
use plan are made a part of this Resolution as Exhibit 13.
12. In May 1993, KPMG Peat Marwick, Airport Consulting
Services, presented its Technical Report: Runway Feasibility Study
Master Plan Update; Fort Lauderdale-Hollywood International
Airport, prepared for BCAD. A copy of the technical report is made
a part of this Resolution as Exhibit 14. The sole object of the
report is the following recommendation:
Therefore, the Broward County Commission is hereby
requested to approve the extension and widening of Runway
9R-27L. . .to a length of 9,000 feet and a width of up to
200 feet. . .for the purpose of enabling: {
1. Preparation of a revised draft Airport Layout Plan (ALP)
and submittal of the draft ALP to the Federal Aviation
Administration (FAA) . FAA approval of the ALP is an
important step toward ensuring the runway project's
eligibility for federal aid programs and for protecting
necessary airspace.
2. Acquisition of all properties needed to construct the
project [east land acquisition] .
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RESOLUTION NO. 26-95
Page 8
3• Completion of the current Master Plan and FAR Part 150
Noise Compatibility program updates, including the time
line for the runway extension and related
mitigation programs, noise
See Exhibit 14 at page iv.
Y
13. The runway expansion technical report was approved by the
Broward County Commission on May 14, 1993. A copy of the county
commission official action is made a part of this Resolution as
Exhibit on
14• All the actions recommended in the runway expansion technical
report have occurred, or they have been authorized, by the Broward
County Commission.
The
ster Plan
(a) expansion,a and he Part a150 Study e
depicting
e approved 9.000' runway
B by the
too
transmit the Master Plan Update the FAAuon April 5,,
Broward County Commission and
rized to
1994. See, Exhibits 2 and 3.
uI(b) The Broward County Commission authorized the east land
acquisition by purchase on May
were made to all the Y ow rs i Purchase offers
area. The county commpssiontauthorized the taking the isition
properties by eminent domain on Janus 24
copies of the authorizations are made a �p1995' True Y" _
Resolution as Exhibit 16. Theies art of this
land acquisition are legally described and depicted in the InExhibits 4 and 5.
15. The Broward County Commission authorized the issuance of
Series 1993 Bonds (Airport System Revenue Bonds) as additional
bonds under Resolution No. 82-A-2 on July 6, 1993 to fund a
Portion
of the coats of the east land acquisition and certain costs of the
runway expansion. The Airport System Revenue Bond is made part
of this Resolution as Exhibit 17.
16. As part of its modified plan of development, Broward
County changed the use of the land in the west land acquisition
from noise mitigation to airport su
Broward County Land Use Plan Future Land Use pport use by
Elem nt to change the
the
land use designations from Residential and Industrial to
Transportation. The county commission
this Resolution as Exhibit 18. resolution is made a part of
RESOLUTION NO. 26-95
Page 9
17. The modified plan of development has not been submitted
to the South Florida Regional Planning
review. Council for further DRI
18. The modified plan of development has not been submitted
to the City of Dania for further action on the substantial
deviation from the approved DRI. ~
19. The City of Dania demanded that Broward County submit the
modified plan of development for DRI substantial deviation review
and action by the city, and the county refused. True copies of the
city's notice is made a part of this Resolution as Exhibit 19.
CONCLUSIONS OF LAW.
20• Broward County approved changes to a previously approved
DRI. The modified plan includes the widening of runway 9R-27L from
100' to 150', the strengthening of the runway to allow use by all
category aircraft, the extension of the runway from 5,276, to 4
9,000' , the change in use of the runway from general aviation to
air transport category, the east land acquisition and the change in
use of the west land acquisition.
21. The modified plan of development constitutes a
categorical substantial deviation under Section 380.06(19) (b)2. ,
Florida Statutes.
land 22. The Broward County actions to change the use of the west
addition
presumptivesubstantial east land
acquisition are
Section n 380.06(19) (e)3.,
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Florida Statutes.
23. Broward County is implementing the modified Plan of
development by its actions to (a) change the use of the west land
acquisition; (b) acquire the east land acquisition; and, (c) issue
bonds for land acquisition and capital improvement costs.
24• Broward County is in clear violation of the express L ...
mandate of Section 380.06(19) , Florida Statutes, requiring
substantial deviation DRI review.
ORDER.
25• Broward County shall submit a substantial deviation
application for DRI review within 60 days of the effective date of
this order.
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RESOLUTION NO. 26-95
Page 10
26.
ard
to change he cause of�llandsinithe westaland acquisition,tel cease until tauch
time as the City of Dania takes action on a substantial deviation
application.
Section 3. Transmittal. i
This Resolution shall be transmitted to the Chairperson of the
Broward County Board of County Commissioners, the Broward Countyai,
Aviation Department, of Community Affairs
the Florida Department
and the South Florida Regional Planning Council.
Section 4. Effective Date. `"`'
This Resolution shall be in force and take effect i
upon its passage and adoption. immediately
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PASSED AND ADOPTED this 28th day of February, 1995.
APPROVED: —
ATTEST.` MAYOR CO ISSIONER
' CITY-4
CLERK - AUDITOR _
APPROVED FOR FORM AND CORRECTNESS
BY: �
Frank C. Adler, City Attorney
9J36via.ree
Resolution No. 26_
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DANIA CII OIIWWSSION
BRUARY g�5
INVOCATION.SY REVERE1Wr,1LMRS
ROLL CALL
Present:
Mayor: Bob Mikes
Vice Mayor: Bobbie Grace
Commissioners: John Bertino
Bill Hyde
City Manager: Albert Jones
Robert Flatley }
City Attorney: Frank Adler
Acting City Clerk: Marie Jabalee
The Black History presentation was herd at the beginning of the meeting.
1. PUBLIC FEARING NOTICE
er advised
the
hearing being conducted forhancalleged violatiion by Boer notice has wa given
Counry that eR1on 380.06
F
Florida Statute which relates to developments of reg�oval impact. He advised that a letter �
addressed to Mayor Mikes has been received from the County Attorney which is being Lug
filed with the City Clerk. xj
dler read
nstructions to
Ci
should
conductthemselveslas a jury for he a uaS udicial Hearing Commission at' how and stc
wore n Attorney
'
Ed Curtis, Attorney Earl Gallop and Will Alen, rowth In
Director, for
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testimony purposes.
s4
The City Commission Of The Ci Of Dania, Florida,
Quasi-Judicial Hearing On n 2cged Violation O lion 380.06, Florida S Give Notice tatutes
es
Relating To Developpments Of Regional Impact, Is Scheduled For Hearing On ;
February , l 1995, At 7:30 P.M. In The Ciry Commission Chambers At The Dania k+
City Ha Is To ll, 100 West Dania Beach Boulevard, Dania, Florida. The Pu ose Of The
Commission And The B oward Co etermine Whether B ty Ac arion Dty� rp
Acting Through Its County
Section 380.06, Florida Statutes By oparpptment, Is In Violation Of
Development Prior To Submittingg nnApplication For�DlevelopmeModified
t Ap o al F Of
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Review And Action By The City Of Dania. The Subject Matter Of The Hearing
Concerns The Extension Of Runway 9r-271 At The Fort Lauderdale-Hollywood
International Airport And The Related Broward County Actions To Acquire Land To +
The East Of The Runway And To Change The Use Of Land To The West Of The
Runway.
REGULAR MEETING
1 FEBRUARY 28, 1995
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In The Event The City Commission Determines That Broward County Is In
Violation Of Section 380.06: Florida Statutes, The Commission Will Then Consider
Enforcement Action.
A Copy Of A Proposed Resolution Containing Findings Of Fact, Conclusions Of
Law And An Order Is On File In The City Clerk's Office And May Be Reviewed
Prior To The Hearing.
All Parties May Present Evidence And Interested Per sons May Appear And Be Heard
At The Meeting On This Quasi-]]udicial Hearingg. Written Comments Are Also
Invited And May Be Submitted To The Office Of The City Clerk, 100 West Dania
Basch Boulevard, Dania, Florida, Prior To The Advertised Meeting(F.S. 163.3184).
You Are Hereby Advised That If An Person Desires To Appeal Any Decision Made �
with Respect To Any Matter Considered At This Meeting Or Hearing, Such Person rm
mill Need To Ensure That A Verbatim Record Of The Proceedings Is Made, Which ' r
Record Includes The Testimony And Evidence Upon Which The Appeal Is , h
Based (F.S. 286.0105). ;z ;
After Weighing All The Competent Evidence Presented At The Above-Mentioned �f
Quasi-Judicial Public Hearing, The Dania City Commission Will Address The
Following Resolution:
A Resolution Of The City Commission Of The City Of Dania, Florida, Acting
L'nder Authority Of Section 380.11, Florida Statutes,And Florida Administrative
Code Rule 9'-2.027, Determining That Proposed Changes To The Fort Lauderdale-
Hollywood vinternational Airport Development Of Regional Impact (Dri) Constitute
A Substantial Deviation Under Section 380.06(19), Florida Statutes Requiring Dri
Review And Action By The City Of Dania, That Broward County Is Implementing A
Modified Broward Plan Of Development In Violation Of Section 390.06, Fl
oorida Statutes,And
Within 60 Days, To uspend Author To it An ty To Acquire1La doTo TheoEasmeOf Runwayl9r- '
'l, And To Cease And Desist In Each And Every Action To Implement The Modified
_
Plan Until A Final Order Relating To The Modified Plan Is Rendered By The City
Of Dania; Containing Findings Of Fact And Conclusions Of Law; Providing For
Enforcement Of The Order; And Providing An Effective Date."
A
ttorney Ed Curtis Explained That Boxes With Exhibits To The Resolution And All /
\otices That Were Sent To Any Interested Pa -Ind Newspaper For Publication Are
y O
Being Filed With The City Clerk Of The Cit rty
f Dania.
Note: A Court Reporter Was Provided By The Cin- Of Dania And A Transcrit Of
The Public Hearing Will Be Provided As Part Of The Minutes For This Meeti p
ng.
?. motion was made by Commissioner Bercino, seconded by Commissioner Hyde to adopt
:se Resolution with all Exhibits that will be kept in a separate file box in the City Clerk's
Office.
City Attorney Adler explained that the Resolution recuires Broward County to file a
request for approval of their impact elan within 6C days and if they need more time then
:aey- would have to ask for an extension from the City of Dania.
REGULAR MEETING 2
FEBRUARY 28, 1995
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�a�ate.� . ���� x sit •. _ ��
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The m=c-_n to adopt the Resolution passed on the following :oil rail Yore-
COtnl_ss;oner Bertino-yes Commissioner Hyde-yes
' Com=�sioner ones- es
Mayo: .Lkes-yes y Vice Mayor Grace -no
2- PRESENTATIONS
The Black History Month Presentation was heard at the beginning of the meeting.
*Black History Month presentation by Dr. Martin Luther King,Jr. Elementary School,
Ms. L,_cy Thomas, Principal
Lucy The nas and her students from the Dr.Martin Luther King,Jr. Elementary School
presentee a program honoring black history.
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The Commission began the Quasi Judicial Hearing at this time
The Chamber Presentation was heard at the end of the Quasi Judicial Hearing
*Lau:a Piccolo, Vice President of Governmental Affairs for the Dania Chamber, reported
that ne- officers have been a pointed for 1995 and that Chamber updates will be presented
on a c_a.-rly basis instead of a monthly basis. The new officers are as follows:
Vice P:esident of Economic Development-Mimi Donly
Preside=r Elect-Myrrle Corbin
Vice President of Public Relations-Jerilyn O'Neil
Treaz_re:•Lorett Breznikar „o
Lk All ocher Vice Presidents remain active - '
" Ms. Piccoio explained that the Chamber held a successful 56ch Annual Installation and
v.. Aa arcs Banquet on February 4 at the Graves Museum of Archeology and Natural History
and rha: Awards were presented as follows: v
Joe Dc:se•:- Outstanding Citizen Award
Pe
W9g 3:eeschoten- Outstanding Senior Citizen Award
Wanda Mullikin and Frank Adler-Pioneer Citizen Award
s
Pedro :iag-Humanitarian Award
The mcnrhly Breakfast was held at the Hilton Hotel and Ciry Manager,Robert F. Flatley
presented information about the completion and opening of the pier. The last Business
Card Exchange was held at Flossie's Bar& Grill and the Executive Board Meeting is being
heId
tc-terrow night. The time and location of the March Breakfazt and Business Card
Excha--ze will be discussed tomorrow night.
Ms. P.:ccio mentioned that the Chamber has scheduled a golf tournament at the Rolling
Hills Golf Course tentatively for June 4, 1995.
PULLED FROM THE CONSENT AGENDA
COmm:'Ssloner Hyde pulled item 3.5 from the Consent Agenda.
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3 FEBRUARY 28, 199s
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3. CONSENT AGENL?4
Minutes
3.1 Workshop meeting of January 17, 1995
3.2 Regular meeting of January 24, 1995
Bills
3.3 Approval of bills paid in the month of January, 1995
Resolutions
3.4 "A RESOLUTION OF THE CITY OF
DANIA FLORIDA, URGING THECONTINUE �GWEFFECTIVEDTFOR PRESERVATION 2000;AND PROVIDL FOR AN
A motion was made by Commissioner Hyde, seconded by Commissioner Bertino to
approve the Consent Agenda with the exception of item 3.5.
The motion passed on the following roll call vote:
Commissioner Ber Lino-yes Commissioner Hyde-
Commissioner Jones-yes Vice Mayor Grace-yes es
Mayor Mikes - res
ITEM PULLED FROM THE CONSENT AGENDA
Ordinances
3.5 RZ-01-95 -Rezoning request by Peerless Invstment Company; property located on
the SE corner of NTE 7 Avenue and Taylor Road.
"An Ordinance
The
ania
To-Wit:Thee sw 11/4 Of The See 1/4 Of TheoSwal/4e Less Thzonin ehWesocl3C FeetDAndrThe South
85 Feet Thereof.- Together With The East 1/2 Of The Nw 1/4 Of The Se 1/4 Of The Sw
1/4, All In Section 26, Township 50 South, Range 42 East; And The West 1/2 Of The Nw 1
1/4 Of The Se 1/> 50 South Rang
Less The West 3" 'Feet Thereof; Less AndAnd Exceptingf Section 26, Township
From The Aforesaid Lands The All
Following: The North 316 Feet Of The Souch 600 Feet Of The East 315.50 Feet Of Te
West 345.50 Feet Of The West 1/2 Of The Se 1/4 Of The Sw 1/4 Of Section 26, Towhnship
50 South, Range 4? East; Said Lands Situate, Lying And Being In The City Of Dania,
Broward Count:, Florida,And Containing 701,783 Square Feet Or 16.1119 Acres More
1 Or Less, From Pre-sent Zoning Classification Of Ig (Industrial General) To Iro (Industrial
Research Office) Zoning Classification Under The Provisions Of Ordinance No. 100 Of
The City Of Dania. Florida, As Amended; Providing That All Ordinances Or Parts Of
Ordinances And All e.solution Or Parts Of Resolutions In Conflict Herewith Be
Repealed e The Extent Of Such Conflict;And Providing For An Effective Date." (First
Ordinance Reading) '
Commissioner Hyde expressed concern that the City may be taking zoning action on
ave an affect on
property that maybe condemned by the County in the near future and whether this would
h current litigation with the County.
Mayor Mikes questioned whether the principal property owners are required to disclose
Ptheir idencity on a rezoning request. The petitioner came forward to scare that the
roperty owner; are Peerless Investment Company based in Chicago, Illinois and that
Daniel J. O'Shaughnessy is the President.
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4 FEBRUARY 28, 1995
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Commissioner Jones questioned whyy they are changing from I-G to IRO zonin
Allen mentioned that there is little difference in the zoning classifications except and chat IRO
tllows some Sppecial Exceptions that the petitioner would like to apply for in the chat IR .
w Mr. Allen explained that the Planning& Zoning Board recommended a
rezoning as the proposed IRO zoning district is consistent with surrounding zoning as well
as the land use designation on the Comprehensive Plan whit approval in the
Plannin & Zoning h g
g Board di is Em to g d indicate P meet
situation on the ro em• Ce�'O limiting factors to the site; the wetland ter. The
Property P P and that development can only take place on the 5 acres of
P p rty at the west end.
Mr. Allen confirmed that this is one of the areas that the Broward County Aviation
Dep artment is considering for purchase in regards to the airport expansion project and that
staff was required to proceed with the request anyway. M
Mr. Leigh Kerr, representing Peerless Investment Company, mentioned that the owners
have spent a good Five years working with the Army Corps of Engineers and Florida •
Department of Environmental Regulation to obtain ermrts. Mr.Kerr described the
western section of the rape pp p
on the site. He requested approval of the zonin that is ons consithe stent he Compreh trade zone ensive
Plan and understood that the Commission would have to approve any future special
exception use and site plan.
Vice Mayor Grace and Commissioner Bertino felt that the ordinance could be adopted on
first reading and a final decision can be made on second reading.
City Attorney Adler didn't feel that there is an� yy gg
if the County may condemn it in the future, He mrentionedrthatPhe Countvewdl also have
to obtain permission from the City to change the zoning to transportation 4 they want to
use the property for airport use• +^'
A motion was made by Vice Mayor Grace, seconded b Co ]
ordinance on first reading with the stipulation that the petitioner provide disclosure
information prior to the second reading. y mmrssioner ones to adopt the
The motion passed on the following roll call vote:
Corunissioner Bertino -ves
Commissioner Jones -yes Commissioner Hyde-no
Mayor Mikes-no Vice Mayor Grace-yes
4. PROCLAMATIONS y
4-2 Maor Mikes declared4.1 Mayor Mikes declared "Engineers' Week"-February 19-25, 1995
4.3 Mayor Mikes declared'United WaySave Your OfB oward Count A 1, 1995
24-30, 1995. ty Appreciation Week"-
March
5. SITE PLANS
5.1 SP-37-94-Request by Second National Acceptance Corporation for modification of
site plan approval for the commercial recreation facility located at 1700 NCd'First Street.
Will Allen, Growth Management Director, presented a request for a building addition to
the arcade building at the Grand Prix Race- -Rama. The building will be located by the
batting cages and meets all the requirements of the zoning code. Mr. Allen explained that
REGULAR MEETING
5 FEBRUARY 28, 1995
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the parking, landscaping and utilities are in plane and that a request will be forthcoming nn
-_ a dedication of a water main that has beer gel
ocated o- -',. uic Jlte.
o A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace to approve
the modification of site plan approval for the commercial recreation facility located at 1700
NW First Street as requested by Second National Acceptance Corporation.
The motion passed on the following roll call vote:
Commissioner Berrino-yes Commissioner Hyde-yes
Commissioner Jones-yes Vice Mayor Grace-yes
Mayor Mikes-yes "
6. 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 (2nd) and fourth (4th) Mondayy of each month. Comments of any nature
will be responded to by the office of the City _of
er. In the event that the concern 1
remains unresolved, the citizens or arty rtY will be asked to address the City
during the meeting.
7. EXPENDITURE REQUESTS
7.1 Approval of invoice from Bailey Hunt Jones &Busto in the amount of$3,424.76 for
the period ending January 31, 1995, for airport related services. (Staff)
A motion was made by Commissioner H de, seconded byy Commissioner Bertino to
approve the expenditure for Bailey Hunt,�ones& Busto for airport related services.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Hyde-yes
Commissioner Jones-no
Vice Mayor Grace-no
Mayor Mikes-yes
At this time, Mayor Mikes explained to John Bruckner that he would be allowed to speak r
under his Commission Comments at the end of the meetin&as there were no citizen
comments listed on the agenda. Mr.Bruckner left the meeting.
8. DISCUSSION AND POSSIBLE ACTION
8.1 Law Enforcement Trust Fund request by the Broward Sheriff's Office District H
Dania. .
Chief Frey presented his request to purchase some equipment for around$17,000 from the
Law Enforcement Trust Fund and advised that a quarter l report has been provided to the
City that shows how the funds are replenished from confiscated items.
A motion was made by Commissioner Bertino,seconded by Vice Mayor Grace to approve
the request for BSO to purchase equipment in the amount of$17,182.00 for the birycle
polding cell.atrol, community policing effort, I.D.Kids Program and Camera equipment for the
h
Commissioner Jones asked that there be more policing provided in the community by
BSO. Vice Mayor Grace stated that there have been some positive results in reducing crime
over the past fw weeks. Chief Frey reported that there will be more visibility seen over
the next 60 days and reminded the Commission that BSO is hosting a breakfast workshop
REGULAR MEETING
6 FEBRUARY 28, 1995
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for the clergy in Dania on Saturday at 9:00 a.m. at the Hilton Hotel-- rins . ...... .. n Hotel to a . cffott to work
...... ,..,., ..wuutunt[y.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Hyde-yes Commissioner Jones-yes Vice Mayor Grace-yes Mayor Mikes-yes
8.2 Recommendation for amending the occupational license code by the occupational
license committee.
Commissioner Hyde asked for an update from staff on their recommendations in changing
some of the Occupational License Fee amounts as nothing has been accomplished since the
October 25, 1994, meeting with the Review Committee.
City Manager Flatley mentioned that the Review Committee recommended nine new '}
classifications with proposed fees and to make adjustments to five existing classifications to
be more in line with other cities.
b u i Gardner, Adme nine Asst./Occupational License Clerk, felt that there are enough
businesses in the nine new classifications to warrant individual categories instead of being
placed under the un-classified section in the ordinance. Mayor Mikes asked Ms. Gardner to
provide financial information as to the impact and profit that the changes would provide.
s. Gardner agreed to provide a financial breakdown on the fees but mentioned that the
current charge for the nine new classifications is $125.00 each.
Will Allen, Growth Management Director, explained that the Occupational License Fees
are not used to support his department and that these fees are normally handled through
the City Clerk's Department to other cities.
City Manager Flatley commended Eula Gardner for her hard work efforts to address the
changes in the law with Occupational Licenses which has resulted in an increase in revenue
to the City. -
The Commission agreed to have an ordinance prepared on the nine new classifications and
to have the City Attorney review the car rental category. yr.
8.3 Lack of adequate Alandco buffer for Dania residents.
City Manager Flatle explained that roperty owners sent a letter in response to a notice of
p ,$.
an Administrative ariance filed by Home Depot which is in Hollywood and located on '.
the Alandco property. The letter triggered a public hearing being set and Home Depot
withdrew their Administrative Variance request. No action has been taken to construct a
noise barrier wall to protect residents along the canal being impacted by the loadin and
unloading from Home Depot. Mr. Flarley mentioned that Will Allen, Growth g
Management Director, wrote a letter to Hollywood in January and visited the Zoning
Department regarding the matter and no one seems to feel that a noise barrier wall is
necessary.
City Attorney Adler explained that the individual homeowners could file a suit against
Hollywood but that Dania could not take action since Dania property is not being
impacted. He mentioned that the DRI order with Hollywood needs to be looked at to
if they are required to provide the wall. Mr. Allen mentioned that the DRI order requisee
res
an open space buffer along the canal. The developer did not have to purchase the open
REGULAR MEETING
FEBRUARY 28, 1995
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space area and they believe that the industrial property does not abut the residential
property. Discussion followed on the need for r e re;:J_
C^n mission its complain as D ucnis Lo go to the Hollywood P Dania cannot really do anything in the matter. City
® The Commission agreed to have a letter drafted from the Mayor to the City Commission
of Hollywood requesting them to review the anion taken by their staff in this matter since
residents are being impacted and to make a formal request for them to provide some relief.
If no response is received from Hollywood, then Dania can ppursue action through the
Legislative process since a DRI order is involved, Mayor Mikes asked that the letter be
copied to Representative MacKenzie and Senator's Forman and Jenne.
h t they have t oplant aon of conscructing a wall and that Hom eD pot has indicated that j
r clear
they are going to plant a row of Green Buttonwood Trees. Mr. Allen stated that normally
a wall would be included in this type of buffering.
8.4 "A Resolution Of The City p g '1
Submitted By Coastal Systems Intteernational,Florida,
To Deduct T e Amount Of S2,760.62
From The Landscape Portion Of The Contract And To Extend The Contract Time TO
July 31, 1995, For Final Completion Of The Dania Ocean Pier;And Providing For An
Effective Date."
r
City Manager Flatley mentioned that the change order providing a credit of 52,760.62 was
hpreviously discussed at the last workshop meenng wirh Kevin McCabe, Coastal Systems
e debris and o mends the expirai expiration o Jt for uly 31,19 5, for the Pier.time to remove
Marie Jabalee, Acting City Clerk, advised that the Resolution needs to be amended to S include Murphy Construction in the title since it is their contract that is being amended
not Coastal Systems International. Commissioner Bertir c urac thatned whether the :
resolution should be amended to state that the extension to�uly 31 is for the debris
removal and not for final completion. City Attorney Adler stated that the reason is listed
re the Change Order.
A motion was made by Commissioner Hyde to amend the withdrawn by Commissioner Hyde. resolution. The motion was
A motion was made by Commissioner Hyde,seconded b
y Commissioner Bertino adoption of the resolution approving the Change Order to he next regular meeting c until defer
clarification can be provided on the amount of credits and amount being withheld for the
debris removal.
The motion passed on the following roll call vote: '
Commissioner Bertino-yes Commissioner H
Commissioner Jones-yes Vice Mayor Grace_de-yes es
Mayor Mikes-yes
8.5 Request for revival meeting on City properry located between cemetery&Byrd Park.
Will Allen, Growth Management Director, presented a request to hold a revival b Bo d
Outreach Evangelistic Ministries on city properry between the cemetery
from March 10 to 23 which is between Ely and Phippen Road. Mr. Allen mentioned that
the request includes a 4x8 sign and that the Commission may want to includeand conditions
on the noise impact to the residents across the track.
REGULAR MEETING
$ FEBRUARY 28, 1995
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Cit-.- A .oi'ney Adler advised that religious services are not allowed at the I.T. Parker
COr=unity Center or any city property which is in accordance with separating Church
and State.
Rev. Frank J. Boyd, Sr. explained that the major emphasis of the revival is to provide
evan:e! stic effort in the community and to work with the y eople. Rev. Boyd stated
oung p
that the;:are willing to pay for insurance, inspections and 'hatever costs that are necessary.
Mayor Mikes stated that cities operate by tax revenues and need to remain independent
from subsidizing any church or group of churches and char this request does not involve a
Darin church.
Vice Mavor Grace mentioned Dania's desire to work within the community with tax
payi=g citizens and her inability to support the request.
Rev. Bovd mentioned that he would not be too disappointed if the request is not approved
and understood the City's position.
A mocicn was made by Commissioner Hyde, seconded by Commissioner Jones to deny
the :eauest.
The motion passed on the following roll call vote:
Cor._missioner Bertino-yes Commissioner Hyde-yes
Commissioner Jones-yes
Mayor Mikes Vice Mayor Grace-yes
-yes
ADDEv-DUM
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8.6 Cit:Manager Flatley mentioned that the City made a counter proposal to Steve `
Snyder on the Seafair property to receive half of what he receives from FAU on the
proposed ocean engineerin center at the beach. He mentioned that FAU cannot a
anynore for the property t an the amount of the appraisals and that the appraisal work is
nearne co
mpletion.
Karla Coleman, FAU, mentioned that the appraisers expect to have some information for
her by the end of the week and that negotiations cannot be completed by the time the
referendum question is presented to voters on March 14, 1993. She expressed a desire to
continue to negotiate with the City and to provide information on the project as it
becomes available.
Mayor Mikes stated char the City of Dania is nor in any position to turn prime beach
proce.-:over to FAU for their facility without any compensation and that FAU and
Aragon*Group should not expect this of the citizens of Dania. Ms. Coleman stated her
under standing of this position and her hope that negotiations can be worked out.
Commissioner Berr
no expWned that the citizens are
that not defini i e t and than he City should continue to negotiate for a deal tharlasked to vote on a sosa better
than --hat is currently received from Seafair.
May r Mikes felt that Ara on Group has been in default of their contract and that lagal
acrid. should be pursued along these lines so that the properr could be leased to someone
whc re.ily wants to promote it.
REGULAR MEETING 9 FEBRUARY 28, 1995
Commissioner Bertino questioned the City Attorney on whether the Citv could find
Aragon Group in default of their lease. City Attorney Adler expplained rhat the building
does not belong to Aragon Group as the but was built on Cirvproperty
to the lease. �Ir. Adler stated that as long as Aragon Group pa s the ret tey ca andn use thebuilding which they say cost them between 8 and 9 million dollars. Mr. Adler explained
that Aragon has only been paying minimum rent and that the City expected the place to be
operating with restaurants and stores. The city was suppose to receive a percentage of the
profit bur this only happened for a short time before Seafair shut down.
8.7 City Manager Flatley reminded the Commission and public that the pier will be
opening in about one week and that the formal dedication is scheduled in conjunction with
the Dania Lion's Club One-Ton Tug on March 18, 1995.
10.APPOMTMENTS o
10.1 Appointment of 1 member to the Airport Advisory Board was continued to the next
regular meeting. i
10.2 Appointment of 1 member to the Unsafe Structures Board was continued to the next
regular meeting. 5
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10.3 Appointment of 1 member to the Downtown Redevelopment Agency and Dania
Economic Development Board was continued to the next regular meeting.
12.ADMINISTRATIVE REPORTS
City Manager
Cicy Manager Flatley reminded the Commission and public that the next regular meeting is
on March 15. 1995, due to the elections on March 14, 1995. Further comments related to
concern that Gloria Daly has become seriously ill.
City Attorney- no comments 1
12. COM USSION COM3W.NTS
12.1 Commissioner Bertino mentioned his visit at the Dania Retirement Home that
honored the "Volunteer of the Week."
12.2 Commissioner Hyde suggested to rezone vacant property to increase the City's tax
base. _
12.3 Commissioner Jones mentioned his recent visit to the Dania Retirement Home and
complained about the location of a dumpster near the home. He commented on vacant
properties that are used for drug houses and encouraged the public to vote in the upcoming
election.
Commissioner Jones mentioned his recent speaking engagement at BCC for Black History
Day and how gratifying it was to see his students pursuing education.
12.4 Vice-Mayor Grace advised that she also attended the Dania Nursing Home
"Volunteer of the Week"event.
12.5 Mayor Mikes complained about loud speakers in the City and suggested that changes
be made io siteplan and landscaping requirements. He encouraged everyone to vote in the
upcoming election on March 14, 1995.
REGULAR MEE NG 10 FEBRUARY 28, 1995
This meeting was adjourned.
4R �MZMISSIONER
CITY CLERICAUDITOR
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BAILEY HUNT & JONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT I A_ -
RAUL A. ARENCIBIA
GUY B. BAILEY,JR. COURVOISIER CENTRE • SUITE 300
ELIZABETH S. BAXER SOI BRICKELL KEY DRIVE OF COUNSEL
LATHY J. BIBLE MIAMI, FLORIDA LAWRENCE S. EVANS
SCOTT L. CAGAN 33131-2623 J. BRUCE IRVING
TIMOTHY CONE TEL. (305)374-5505 ROBERT E. SCHUR
STEVEN CARLYLE CRONIG FAX(305)374-67I5
JAMES C. CUNNINGHAM.JR. SENIOR COUNSEL
RICHARD M. DAVIS WM. R. OAWES
EARL G. GALLOP GEORGE J. SAYA
JUDITH B. GREENE (INACTWE)
JEROME M. HESCH
RICHARD H. HUNT,JR.
BRUCE HURWITZ
JESSE C.JONES .a...
February 9, 1995 j )
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Ms. Marie J. Jabalee
City Clerk, City of Dania
100 West Beach Boulevard
Dania, FL 33004
Re: Advertised notice Of enforcement hearing
BrOward County Aviation Department
s L
Dear Ms- Jabalee: s
Please advertise and
e a
subject:
before the City of Dania City Commission on on sthe�following
subject: F^
RESOLUTION N0. K " . -
.v
A RESOLUTION OF
`
CITY OF DANIA OR AND THE CITY COMMISSION OF THE
FLORIDA,THE yACTING UNDER AUTHORITY OF SECTION
380.I1, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE `
RULE 9J-2.027, DETERMINING THAT PROPOSED CHANGES TO THE
....,,,,.. FORT LAUDERDALE-HOLLYWOOD
DEVELOPMENT OF REGIONAL INTERNATIONAL AIRPORT
SUBSTANTIAL DEVIATION UNDER ISECTIONCT (380�06(19)DRI TIFLORIDA
STATUTES REQUIRING DRI REVIEW AND ACTION BY THE CITY OF
DANIA, THAT BROWARD COUNTY IS IMPLEMENTING A MODIFIED
PLAN OF DEVELOPMENT IN VIOLATION OF SECTION 380.06,
N APPA STATUTES, AND ORDERING BROWARD COUNTY TO SUBMIT
AN APPLICATION FOR DEVELOPMENT APPROVAL WITHIN 60 DAYS,
TO SUSPEND AUTHORITY TO ACQUIRE LAND TO THE EAST OF
RUNWAY 9R•-27L, AND TO CEASE AND DESIST IN EACH AND EVERY
ACTION TO IMPLEMENT THE MODIFIED PLAN UNTIL A FINAL ORDER
RELATING TO THE MODIFIED PLAN IS RENDERED BY THE CITY OF
DANIA; CONTAINING FINDINGS OF FACT AND CONCLUSIONS OF
LAW; PROVING ADNIEFFECTIVE DATE EMENT OF THE ORDER; AND,
PROVIDING
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Ms. Marie J. Jabalee
.ebi:uary y, 1995
n Page 2
® Please confirm with Mr. Robert Flatley the
item on the agenda. Depending on the level o placement of the
t .Boo4ahoursrd ounty f, the hearing is reasonably expe ( participationted to take o2
A court reporter should be scheduled for the hearing. I am T
requesting Mr. Flatley to handle that matter.
A copy of the notice of hearing is enclosed. Kindly advertise
the notice of hearing in the Sun-Sentinel two times, and at least
10 days before the scheduled date of the hearing, in accordance
with the city's publication requirements.
Additionally, kindly immediately serve the notice of hearing,
by certified mail, return receipt requested, on the parties
identified y the attached service list. The persons who are
identified by I'cc: " may receive the notice by regular, first class
mail.
Please do not hesitate to call me if you have any questions
regarding the subject matter of this letter.
i
7 very truly yours,
Earl G. Gallop {
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Attachments
cc: Robert Mikes, Mayor
Robert F. Flatley, City Manager
Frank C. Adler, City Attorney S
Edward Curtis, Special Counsel " y i.
9156c1rk.lt
BAILEY HUNT & ..ZONES
A PROFESSIONAL ASSOCIATION
ATTORNEYS AT LAW
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-' SERVICE LIST
PUBLIC HEARING ON 5380. 11, FLA. STAT. ENFORCEMENT ACTION
Broward Count
Hon. Suzanne N. Gunzburger, Chairperson
BrOward County Board of County Commissioners
115 S. Andrews Avenue '
Ft. Lauderdale, FL 33301
cc: John J. Copelan, Jr. , County Attorney
(address: same as above)
B. Jack Osterholt, Count
(address: same as above)
y administrator
Tracy H. er,Lautenschla
(address: s ame as g Assistant County Attorney
above)
..,_ Broward County Aviation Department
George Spofford, Director
S ' 1400 Lee Wagener Blvd.
Ft. Lauderdale, FL 33315
n d
r
J Florida De artment of Communit Affairs
i
Bureau of State Planning
2740 Centerview Drive
Tallahassee, Florida 32399
CC: Linda Shelly, Secretary
(address: same as above)
south FZorida Regional Plan
nin Council
! SuiteH140ood Boulevard y+
Hollywood, FL 33021 y {
attn: Carolyn A. Dekle, Executive Director
cc: Samuel Goren, Esq.
Josias & Goren
3099 E. Commercial Blvd.
Ft. Lauderdale, FL 33308
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Gentle e�
-...—zaames:
Please be
the City advised of the public hearing
as soon of Dania on Tuesday, February which will be held by
thereafter as it appears on the agenda,at 7:30 P.
Dania City Hall, in the M• , or
Boulevard, Dania Commission Chambers ' at the City of
Florida 33004 100 West Beach
CITY OF DANIA
NOTICE OF PUBLIC. HEARING
Commission P
Chambers
100 West
Beach Boulevard �
Phone: Dania, Florida 33004
(305) 921-8700; Fax:
THE MAYOR (305) 921-2604
HEREBY GIVE AND CITY COMMISSION OF THE CITY OF pANIA
VIOLATION NOTICE THAT A QpI_NDICIAL H , FLORIDA,
DEVELOPMENTS SECTION 380. 06, FLORIDA HEARING ON AN
OF REGIONAL I STATUTES ALLEGED
FEBRUARY 28, 1995 MPACT, IS SCHEDLED ' ELATING TO
33004. THECPTY HALL, 100 WEST gECH CITY COMMISSION CHAMBERS AT %a
THE ANIA HEARING ON
COUNTY, ACTING THROUGHITS OOSE OF THE UIZZNG IS TO DE ERMIN DANIA, FLORIDA �"
AVIATION DEPARTMENT NTY COMMISSION AND NE WHETHER BROWARII
STATUTES ' IS IN V THE BR Xh
BY UNDERT IOLATION OF SECTION OWARD COUNTY
DEVELOPMENT UNDERTAKING TO IMPLEMENT 380.06, FLORIDA
APPROVAL FOR PRIOR TO SUBMITTING AN APPLICATIONODIFIEDPLAN OF
MATTER EVIEW AND ACTION BY THE CITY OF p FOR DEVELOPMENT
THE FORT F THE HEARING CONCERNS THE EXTENSION OFR A. THE SUBJECT
?LAUDERDALE—HOLLYWOOD INTERNATIONAL AIRPORTUNWAY 9R 27LAT
BROWARD COUNTY ACTIONS TO AC 7L A
AND TO CHANGE THE USE OF 4UIRE LAND TO THE EAS OF THHE RELATED
LAND TO THE WEST OF THE RUNWAY. RUNWAY
IN THE EVENT THE CITY COMMISSION DETERMINES THAT ROW `
COUNTY IS IN VIOLATION OF SECTION 380.06, FLORIDA
COMMISSION WILL THEN CONSIDER ENFORCEMENT ACTION. B ARD
STATUTES, THE
A COPY OF A PROPOSED RESOLUTION
CONCLUSIONS OF LAW AND AN ORDER IS CONTAINING FINDINGS OF FACT,
OFFICE ON FILE
AND MAY BE REVIEWED PRIOR TO THE FILE
IN THE CITY CLERK'S
HEARING.
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY
APPEAR AND WRITTEN COMMENT'
HERD AT THE MEETING ON OFFICE OF THECIS ARE ALSO INVITED AND MAY BE IS QUASI—JUDICIAL BMITTE HEARING.
THE CITY CLERK, WEST BEACH BOULEVARD,SUBMITTED TO THE
33004, PRIOR TO THE ADVERTISED MEETING F. 63.3 DANIA
YOU ( S• 163.3184) , ' FLORIDA
ANY DECISION HEREBY ADVISED THAT IF ANY PERSON DESIRES TO
MEETING OR HEARING,
WITH RESPECT TO APPEAL
RECORD ARING, SUCH PERSON WILL N ED TOT ENSUREER
AT THIS
OF THE PROCEEDING IS MADE, WHICH THAT A
RECORD INCLUDES VERBATIM
THE
!j1
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TESTIMONY AND EVIDENCE UPON WHICH THR nnnn..
286-01O5t : ,. iS Y'U BE RASED (F.S.
If you have any questions or wish an
please contact the City Manager, Robert Flatleditional info Marie J. Jabalee at y Clerk,
(305) 921-8700. Y• or the City Clerk,
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CERTIFICATION OF SUBSTANTIAL DEVIATION ORDER
As the Mayor-Commissioner of the City of Dania, Florida, I
certify that Resolution No. 26-95, which is annexed and made a part
of this certification, is a conformed copy of the original modified
Development of Regional Impact Substantial Deviation Order and it
was duly approved by the City Commission on February 28, 1995.
MAYOR - COMMISSIONER :a
_ Chf i
SWORN TO AND SUBSCRIBED before me this 28th day of February,
1995.
T'
Notary Public, State of Florida
Print Name:
r
MY commission expires:
Y
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CITY CLERK - AUDITOR °
i'
APPROVED AS TO FORM & CORRECTNESS z . .
Frank C. Adler, City Attorney
9]56..rt
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s�
YP RESOLUTION NO. 26-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA, ACTING UNDER AUTHORITY OF SECTION 380.06 AND
380. 11, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE
RULE 9J-2.027, DETERMINING THAT PROPOSED CHANGES TO THE
FORT LAUDERDALE_HOLLYWOOD INTERNATIONAL AIRPORT
DEVELOPMENT OF REGIONAL IMPACT
(
SUBSTANTIAL DEVIATION UNDER SECTION380,06(109) f FLORIDAF
STATUTES REQUIRING DRI REVIEW AND ACTION BY THE CITY OF
DANIA, THAT BROWARD COUNTY IS IMPLEMENTING A MODIFIED
PLAN OF DEVELOPMENT IN VIOLATION °FLORIDA STATUTES, AND ORDERING BROWARD SECTION 380.06,
AN APPLICATION FOR DEVELOPMENT APPROVALCOUNTY TO SUBMIT
TO SUSPEND AUTHORITY TO ACQUIRE LAND TO THE EAST OF
RUNWAY 9R-27L, AND TO CEASE AND DESIST IN EACH AND EVERY
ACTION TO IMPLEMENT THE MODIFIED PLAN UNTIL, A FINAL, ORDER
RELATING TO THE MODIFIED PLAN IS RENDERED BY THE CITY OF
DANIA; CONTAINING FINDINGS OF FACT AND CONCLUSIONS OF
LAW; PROVIDING FOR ENFORCEMENT OF THE PROVIDING AN EFFECTIVE DATE. ORDER; AND,
No. 449EiRes�edo8 Development o8f Regionalhe City of Dania by Resolution
order approving with conditions th AirportFacilct ityLExpansionmDRI
th
e
at e Fort Lauderdale-Hollywood international Airport (original
atD.O. ) ;
WHEREAS, Broward County, actin b
y and commission and the BrOWard County Aviation eparrtment its county
the owner, the o erator and the developer of the ( �) , is Expansion DRI; and, ' P
Airport Facility 3> 2
WHEREAS xi,xy�
the DRI a
consisted of certain improveme is at the1tio Fort Lcondnsay the City Of Dania
uderdale Hollywood <<
International
ldAirport, described as the expansion of the existing .support facilities, relocation and construction ofeapansion Of new certain
and expansion of the existing taxiway system, construction of
al
additional vehicle parking facilities and expansion of the ground
access system for expanded terminal facilities; and,
a
'-3
f+
RESOLUTION NO. 26-95
Page 2
WHEREAS, in accordance with Section 380.06, Florida Statutes,
an Application for Development Approval for the Airport Facility
Expansion DRI was filed by BCAD with the South Florida Regional
Planning Council (SFRPC), the SFRPC prepared and submitted to the
City of Dania a report and recommendations on the regional impacts
of the proposed development, the SFRPC recommended that the Airport
Facility Expansion DRI be approved by the City of Dania subject to
incorporating 31 conditions into the development order, the City
Commission of the City of Dania conducted a joint public hearing
with the City Commission of Fort Lauderdale and the Broward County
Commission, and after conducting public hearings on January 27
1982, February 23, 1982 and March 4, 1982, the City Commission of
the City of Dania rendered the original D.O. approving the
application subject to the conditions contained in Resolution No.
449; and,
i
Expansion WHEREAS, the plan of development I did not for the Airport Facility
extensionR of the southern include the east-west runway, 9widening,
-27L, from 5,276 feet
to 9,000 feet, nor a change in use of the runway from general
aviation to air transport use; and,
WHEREAS, Broward County has approved a modified plan of
development for the widening, strengthening, extension (runway
expansion) and change in use of runway 9R-27L; and,
WHEREAS, Broward County is now implementing the modified plan
of development pertaining to the runway expansion and change in use _
of the runway by authorizing, by purchase or condemnation, the
acquisition of 97.5 acres of land to the east of the airport for r -
the runway extension (east land addition) , by changing the use of
106 acres of land to the west of the airport (west land addition) ,
previously condemned by Broward County for noise mitigation
Purposes, to airport support use, and by approving an Airport
Systems Revenue Bond to finance the acquisition of the east land
addition; and,
WHEREAS, pursuant to Section 380.06(19) , Florida Statutes, the
modified plan of development is a substantial deviation from the
previouslya approved Airport Facility Expansion DRI; and,
WHEREAS, the modified plan of development is subject to
further DRI review in accordance with the requirements of Section
380.06, Florida Statutes; and,
WHEREAS, implementation of a modified plan of development that
withoututes a complying withlal thedeviation from a requirements of previously
Florida
.F
ME
k:
RESOLUTION NO. 26-95
Page 3
Statutes is a violation, which is enforceable by the City of Dania
pursuant to Section 380.06 and Section 380.11, Florida Statutes,
and Florida Administrative Code Rule 9J-2.027; and,
WHEREAS, Broward County failed, and refuses,
desist in taking actions to cease and
to implement the modified plan of
development until after further DRI review and action by the City
of Dania; and,
WHEREAS, on February 28, 1995, the City Commission, after
complying with all pertinent notice requirements of Florida
Statutes and the City of ilania code, conducted a quasi-judicial
public hearing on the alleged violation; and,
WHEREAS, all procedural requirements of the laws of the State
of Florida and the City of Dania code have been met; and,
WHEREAS, the City Commission, after weighing all the competent
evidence presented at the hearing, has determined that (1) the
proposed modified plan of development for the runway expansion is
a substantial deviation requiring further DRI review and (2) the
actions of Broward County to implement the modified plan of
development without prior DRI review and action by the City of
Dania is a violation of the requirements of Section 380.06, Florida
Statutes; and,
WHEREAS, the City Commission believes that it is in the public
actirest on wh tsoever to implement the desistto order Broward County to cease and
modified plan ofdevelopme t for
the runway extension, and to be enjoined from doing so, until
Broward County complies with the lawful requirements of Section
380.06, Florida Statutes.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. Development Identification
(a) .Description of the Original Development
The
Development Original Redevelopment
ioenaOlme Impact is dApplicati Application the
for
Development Approval [ADA] for the Fort Lauderdale-
International Airport, prepared for the Aviation Division
of the Broward County Department of Transportation, by
Environmental Science and Engineering, Inc. and Reynolds,
Smith and Hills, dated August 1981. A copy of the ADA is
made a part of this Resolution as Exhibit 1.
tt
'mow,
RESOLUTION NO. 26-95
Page 4
(2) The original development did not include the
widening, strengthening, or extension of runway 9R_27L,
or the change in use of the runway from general aviation
to air transport category.
(3) The original development did not include the
acquisition of 97.5 acres in the east land addition or
the change of use of 106 acres in the west land addition.
(b) Description of the Modified Development
(1) The modified plan of development is described in the
Fort Lauderdale-Hollywood International Airport Master
Plan Update (1994 Master Plan) and the Part 150 Study,
prepared
Fisherthe Broward Associates,County
al. , datedion March Department,1994.
Copies of the 1994 Master Plan and the Part 150 Study are
made a part of this Resolution as Exhibits 2 and 3,
respectively.
(2) The modified plan includes the widening of runway 9R- -
27L from 100' to 1501 , the strengthening of the runway to
allow use by all category aircraft, the extension of the
runway from 5,276, to 9,000' , and the change in use of '
the runway from general aviation to air transport
category,
(3) The modified plan requires the acquisition of 97.5
acres of land to the east of the airport for the extended
runway. The legal description of each parcel comprising
the east land addition and a map are made a part of this
Resolution as Exhibit 4. A graphic depiction of the 97.5
4 acres is superimposed on the City of Dania map as Exhibit
j 5 to this Resolution.
2 (4) The modified Plan adds an additional 106 acres to the
airport for airport related use and changes the use of
st land
.additionisty to dep ctedaonptheation use.City of DaniaThe wmap a Exhibit
5 to this Resolution.
a.
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,r
RESOLUTION NO. 26-95
Page 5
Section 2. Substantial Deviation Determination
Findings of Fact. Conclusions of Law and Order.
FINDINGS OF FACT.
1. The recitals in the Whereas clauses and the statements in
Section 1 are incorporated into and made a part of these findings
of fact.
3
2. On September 10, 1976, the Division of State Planning, in
the Department of Administration, issued a binding letter, SLID
1177-002, in which it determined that the proposed New Terminal
Complex was a DRI. On August 19, 1977, in response to a change in
the proposed development, the Division of State Planning issued a
binding letter, BLID 1178-001, again determining that the proposed
t air terminal complex facility is a DRI and ordered Broward County comply with the DRI review and approval requirements of Section
o
agene, Florida
Wagene Statutes. On September 16, 1977, Mr. L. E.r, Director of the Broward County Aviation Division,
reqThe ested reconsideration of Divisionof State planning he affirmed binding
prior determinations on
n.
on
January 26, 1978 and again ordered Broward County to submit to DRI
19,,1ew 19771,dthe September 16,copiesroval. True 977 and the September
January er 26, 1978 letters
are made a part of this Resolution as Exhibit 6.
3. Subsequently, on June 5, 1979, functioning as the state
planning and development clearing house under U.S, office of
Management and Budget Circular A-95, the Division of State Planning « -
reviewed a NEPA Environmental Impact Assessment Report for the
development of a new terminal complex and advised Mr. Wagener that
"this proposed project is a Development of Regional Impact (DRI)
i pursuant to Chapter 380, Florida Statutes.
. . . ^ A true copy of the
June 5,. 1979 letter is made a part of this Resolution as Exhibit 7.
4. Broward County eventually submitted an Application for
Development for DRI review by the SFRPC. See, Exhibit 1,
Development of Regional Impact ADA for the Fort Lauderdale-
International Airport, dated August 1981.
FA i
Jll
5. The SFRPC issuad its report and recommendations for the
Fort Lauderdale-Hollywood International Airport Terminal Expansion
g in January 1982. A true copy of the SFRPC report is made a part of -
this Resolution as Exhibit 8.
7 6. The City of Dania rendered the original D.O. , Resolution
D.O.449, on, or a about, March 23, 1982. A true copy of the original
is part of this Resolution as Exhibit 9.
,
}
RESOLUTION NO. 26-95
Page 6
7. Section 4, Q G of Resolution No. 449 incorporates the
Application for Development Approval into the original D.O.
Section 3, 1 C specifically provides:
The development proposal included future ancillary
development proposals, designated in the project Master
Development Plan as future terminal (1990 plan) , future
international apron, future
employee em to ee parking,
ing. future
structural
,
parking, future air
r car
go r o building, and futur
e
re
9�
on-site hotel, which are not included for review in the
ADA. Since Section 380.06, Florida Statutes, requires
that all development ancillary to a DRI be included in }d
the ADA, the applicant will have to submit to the Council a
(SFRPC] and the City of Dania amendments to the ADA prior J
to proceeding with the identified projects.
!
B. The ADA did not identify any future expansion of runway
9R-27L, and such a proposal was not reviewed by the SFRPC nor i
approved by the City of Dania.
9. Hroward County later approved an Airport Master Plan
Update Study and a Part 150 Study for the airport. The Airport
Master Plan Update Study and a Part 150 Study were prepared by
Aviation Planning Associates, et al. in September 1987. True
copies of the 1987 Master Plan and the Part 150 Study are made a
part of this Resolution as Exhibits 10 and 11, respectively. The
Taster, plan recommended a development program for airfield
improvements. The development program was proposed for three
phases: . -
r
• Phase I: 1986-1991
• Phase II: 1991-1996
• Phase III: 1996-2006
Phase II includes improvement no. ^i1-9 Construct Runway 9R/27L to
Transport _Standards (1991) . " The improvement is described as:
i
The complete redevelopment of utility Runway 9R/27L to a
'r 6,000 by 150 foot transport runwa g,
Po y, utilizin Class IIi
transport aircraft runway length design standards, is
required to provide the Airport with a second parallel
j air carrier runway. This project includes the relocation
of the Dania Cut-Off Canal; acquisition of avigation
easements off the ends of 9R and 27L; the construction of
a 6,000-foot runway, parallel taxiway and associated
terminal area NAVAIDs; and the removal of all hangar
facilities along the south airfield.
a':I3 i
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RESOLUTION NO. 26-95
Page 7
P
See, 1987 Master Plan at page VI-15.
10. On August 21, 1988, Broward County and the Florida
Department of Community Affairs entered into a Preliminary
Development Agreement under Section 380.06, Florida Statutes, that
allowed Broward County to construct certain airfield improvements ;.
in the "Airfield Improvement Program" (identified as "Perimeter
Roads and Airfield Improvements", "Runway 9L-27R and Taxiway
Improvements", and "Airfield Electrical Improvements") prior to DRI
review upon the express warranty by Broward County that the
�. development is a substantial deviation requiring DRI review and
approval, and upon its agreement to file with the SFRPC a
substantial deviation application for development approval within
6; months (5 months after the pre-application conference) of the
agreement crate. Broward County later amended the Preliminary
Development Agreement to extend the date of filing a substantial
deviation application to 11 months. The application has not been
filed to this date. True copies of the agreement and the amendment
are made a part of the Resolution as Exhibit 12.
11. Broward County incorporated the 1987 Airport Master Plan
Update Study, proposing a 6, 000, runway, and the Part 150 Study
into the 1989 Broward County Comprehensive Plan and Land Use Plan.
True copies of relevant portions of the comprehensive plan and land
use plan are made a part of this Resolution as Exhibit 13.
12. In May 1993, KPMG Peat Marwick, Airport Consulting
Services, presented its Technical Reports Runway Feasibility Study _
Master Plan Update; Fort Lauderdale-Hollywood International
k Airport, prepared for BCAD. A copy of the technical report is made
a part of this Resolution as Exhibit 14. The sole object of the
report is the following recommendation:
I
Therefore, the Broward County Commission is hereby
f requested to approve the extension and widening of Runway
9R-27L. . .to a length of 9,000 feet and a width of up to
200 feet. . .for the purpose of enabling:
1. Preparation of a revised draft Airport Layout Plan (ALP)
and submittal of the draft ALP to the Federal Aviation
Administration (FAA) . FAA approval of the ALP is an
important step toward ensuring the runway project"s
eligibility for federal aid programs and .for protecting
necessary airspace.
t
2. Acquisition of all properties needed to construct the
project [east land acquisition] .
k
w
y
RESOLUTION NO. 26-95
Page on
NYE
3. Completion of the current Master Plan and FAR Part 150
Noise Compatibility Program updates, including the time
line for the runway extension and related noise
- r
mitigation programs.
See Exhibit 14 at page iv. ;
13. The runway expansion technical report was approved by the
Broward County Commission on May 14, 1993. A copy of the county
commission official action is made a part of this Resolution as
Exhibit 15.
i
14. All the actions recommended in the runwa expansion
report have occurred, or they have been authorize , by theechnical Broward
County Commission.
(a) The 1994 Master Plan Update, depicting the 9,000,
expansion, and the Part runway
150 Study were approved by the Broward County Commission and BCAD was authorized to
transmit the Master Plan Update to the FAA on April 5,
1994 . See, 2 and 3. .
£fix
(b) The Broward County Commission authorized the east land v S
' acquisition b 1,y purchase on May 25 1994. Purchase offers
t were made to all the property owners in the acquisition
area. The county commission authorized the taking of the
Properties by eminent domain on January 24, 1995. True
copies of the authorizations are made a part of this
g Resolution as Exhibit 16. The properties in the east
1 M! land acquisition are legally described and depicted in
11
° Exhibits 4 and 5.
r 15. The Broward County Commission authorized the issuance of
j Series 1993 Bonds (Airport System Revenue Bonds) as additional
bonds under Resolution No. 82-A-2 on July 6, 1993 to fund a portion
of the costs of the east land acquisition and certain costs of the
runway expansion. The Airport System Revenue Bond is made a part
Of this Resolution as Exhibit 17.
16. As part of its moW.fied plan of development, Broward
County changed the use of the land in the west land acquisition
from noise mitigation to airport support use by amending the
Broward County Land Use Plan Future Land Use Element to change the
land use designations from Residential and industrial to y.
1 Transportation) . The county commission resolution is made a part
of this Resolution as Exhibit 18.
I17. The modified plan of development has not been submitted
i
1
y _
"'rTr
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a.�
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Y
RESOLUTION NO. 26-95
Page 9
r
to the South Florida Regional Planning Council for further DRI
review.
fied
lan
f development
to the City ofdiD Dania for ofurther action on not been
esubsttaantial w.
deviation from the approved DRI. )
19. The City of Dania demanded that Broward County submit the
modified plan of development for DRI substantial deviation review
and action by the city, and the county refused. True copies of the
city's notice is made a part of this Resolution as Exhibit 19.
i
CONCLUSIONS OF LAW. !
20. Broward County approved changes to a previously approved
DRI. The modified plan includes the widening of runway 9R-27L from
100' to 150', the strengthening of the runway to allow use by all
category aircraft, the extension of the runway from 5,276, to
9,000', the change in use of the runway from general aviation to
air transport category, the east land acquisition and the change in
use of the west land acquisition.
21. The modified plan of development constitutes a
categorical substantial deviation under Section 380.06(19) (b)2.,
Florida Statutes.
22. The Broward County actions to change the use of the west _
land addition and to acquire the east land acquisition are
i presumptive substantial deviations under Section 380.06 19 ,
Florida Statutes. ( ) (e)3. ;..z;
r
23. Broward County is implementing the modified plan of 3
development by its actions to (a) change the use of the west land
! acquisition; (b) acquire the east land acquisition; h
bonds for land acquisition4uisition; and, (c) issue
and capital improvement costs.
24. Broward Count ^Y"
mandate of on Y is in clear violation of the express .4
substantial device ion DRI review.,
Florida Statutes, requiring
r
I
ORDER.
25. Broward County shall submit a substantial deviation
thislordern for DRI review within 60 days of the effective date of
I
+,
RESOLUTION NO. 26-95
Page 10
27 Broward County shall wimmediately cease and desist actions
{urchaaerProgerLp Ui -Aat c , and st shall not3 class, on an transaot�oa'�' 1'
change athe` use 'of land] in the"wea't"land"acqustn,� db 'lbsucfd
h
time as the City of Dania takes action on a substantial deviation
application. ,
Section 3. Tr—teal,
This Resolution shall be transmitted to the Chai
rson of the
Broward County Board of County Commissioners, the Brown d County
Aviation Department, the Florida Department of Community Affairs
and the South Florida Regional Planning Council.
4
Section 4. Effective Date.
This Resolution shall be in force and take effect immediately
upon its passage and adoption. to
PASSED AND ADOPTED this 28th day of February, 1995.
Y
t APPROVED: t
r AT7ST�: MAYOR - CO ISSIONER
CITY CLERK AUDITOR
APPROVED FOR FORM AND CORRECTNESS £ '
By: G o ,
Frank C. Adler, City Attorney
9356v1o.b.
Resolution No. 26-
i
i
1 1 On February 28, 1995, the trial court, the Honorable
Estelle Moriarit
y, prohibited the City of Dania from
Brow
rd
to suspend actions to acc
has been deleted by order of the court. the ordering
landaadditiony The r dl ned provisions ruire tee the landsin the east
ubject that
f
.;
' 1
i
RESOLUTION NO. 26-95
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA, ACTING UNDER AUTHORITY OF SECTION 380.06 AND
380.11, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE
RULE 9J-2.027, DETERMINING THAT PROPOSED CHANGES TO THE
FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT
DEVELOPMENT OF SUBSTANTIAL DEVIATION
ONUNDERNAL ISEPCTIONACT (380.06(109) , FLORIDA
STATUTES REQUIRING DRI REVIEW AND ACTION BY THE CITY OF
DANIA, THAT BF.OWARD COUNTY IS IMPLEMENTING A MODIFIED
PLAN OF DEVELOPMENT IN VIOLATION OF SECTION 380.06
FLORIDA STATUTES, AND ORDERING BROWARD COUNTY TO SUBMIT
AN APPLICATION FOR DEVELOPMENT APPROVAL WITHIN 60 DAYS,
—tO-"SB nD--AUTHORLT UIRE_ ND--T Rrnar�'� '?a— AND TO
CE
ASE AND DESIST
ACTION TO IMPLEME ST IN EACH AND EVERY
NT THE _MO
DIFIED
ED PLAN UNTIL RELATING TO THE MODIFIED PLAN IS RENDERED By FINAL ORDER
DANIA Y THE CITY OF
CONTAIN
ING FI
NDINGS
LAW; PROVIDING FOR NENFORCEMENT CT AND CONCLUSIONS OF
i
PROVIDING AN EFFECTIVE DATE. OF THE ORDER; AND,
WHEREAS, on March 23, 1982, the City of Dania by Resolution
No. 449 issued a Development of Regional Impact (DRI) development
order approving with conditions the Airport Facility Expansion DRI
at the Fort Lauderdale-Hollywood International Airport (original
D.O. ) ;
WHEREAS, Broward County, acting by and through its county u
commission and the Broward County Aviation Department (BCAD) , is
the owner, the operator, and the developer of the Airport Facility
Expansion DRI; and,
WHEREAS, the DRI approved with conditions by the City of Dania
consisted of certain improvements at the Fort Lauderdale-Hollywood
International Airport, described as the expansion of the existing
terminal building, relocation and expansion of certain terminal
support facilities, construction of a new aircraft parking apron
and expansion of the existing taxiway system, construction of
additional vehicle parking facilities and expansion of the ground
access system for expanded terminal facilities; and,
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RESOLUTION NO. 26-95
Page 2
s
WHEREAS, in accordance with Section 380.06, Florida Statutesan
Expansion licaDRln was for
filedlbyy BCAD Pwith the oval for the
Airport Facility
Planning Council (SFRPC), South Florida Regional
the SFRPC prepared and submitted to the
City of Dania a report and recommendations on the regional impacts
of the proposed development, the SFRPC recommended that the Airport
Facility Expansion DRI be a "
incorporating 31 conditions P into the development nt order, tDania he City
Commission of the City of Dania conducted a joint public hearing
with the City Commission of Fort Lauderdale and the Broward County
Commission, and after conducting public h
27
1982, February 23, 1982 and March 1982, the iCity Commissins on on of
the City of Dania rendered the original D.O. approving the
application subject to the conditions contained in Resolution No.
449; and,
Exansion WHEREAS, the plan of development for the Airport Facility
ex strengtning and
tension of thesouthern east-west runway, 9I did not include the R-27L, from 5,276 feet
to 9,000 feet, nor a change in use of the runway from general
aviation to air transport use; and,
WHEREAS, Broward County has approved a modified plan of
development for the widening, strengthening, extension (runway
expansion) and change in use of runway 9R-27L; and,
WHEREAS, Broward County is now implementing the modified plan
of development pertaining to the runway expansion and change in use _
of the runway by authorizing b
y rchase or condnation, the
acquisition of 97.5 acres of land to the east of them airport for
the runway extension (east land addition) , by changing the use of
106 acres of land to the west of the airport (west land addition),
previously condemned by Broward County for noise mitigation /
Purposes, to airport support use, and by approving an Airport
Systems Revenue Bond to finance the acquisition of the east land }
addition; and i
i
�paPursuant to
Section lorida Statutes, the
modif n of developmentis a substantialdeviation from the
previously approved Airport Facility Expansion DRI; and,
WHEREAS
further DRI ra iew in modified
accordancen of wi h thee requirements of Section
g 380.06, Florida Statutes; and,
g WHEREAS, implementation of a modified plan of development that
withoutucomplying withlthedeviation from a requirements of Sectionsly 380.06, Florida
f •
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RESOLUTION NO. 26-95
Page 3
Statutes is a violation, which is enforceable by the City of Dania
pursuant to Section 380.06 and Section 380.11, Florida Statutes,
and Florida Administrative Code Rule 9J-2.027; and,
. WHEREAS, Broward County failed, and refuses, to cease and
desist in taking actions to implement the modified plan of
development until after further DR! review and action by the City F MAY
of Dania; and, `-
a. WHEREAS, on February 28, 1995, the City Commission, after
complying with all pertinent notice requirements of Florida j
Statutes and the City of Dania code, conducted a quasi-judicial
public hearing on the alleged violation; and,
j
WHEREAS all, procedural requirements of the laws of the State
of Florida and the City of Dania code have been met; and,
WHEREAS, the City Commission, after weighing all the competent
evidence presented at the hearing, has determined that (1) the
Proposed modified plan of development for the runway expansion is a,
a substantial deviation requiring further DRI review and 2 the
actions Of Broward County to implement the modified plan of
development without prior DRI review and action by the City of
Dania is a violation of the requirements of Section 380.06, Florida 1
Statutes; and,
WHEREAS, the City Commission believes that it is in the public
interest to order Broward County to cease and desist from any .
action whatsoever to implement the modified plan of development for
the runway extension, and to be enjoined from doing so, until ,
Broward County complies with the lawful requirements of Section
380.06, Florida Statutes. ]
BE IT RESOLVED BY THE CITY ON OF THE CITY OF DANIA, c
FLORIDA: COMMISSION
i
Section 1. Develo�ent Identification
(a) .Description of the Original
DevelO went.
(1) The original development is described in the
Development of Regional Impact Application for
Development Approval [ADA] for the Fort Lauderdale-
International Airport, prepared for the Aviation Division
of the Broward County Department of Transportation, by
Environmental Science and Engineering, Inc. and Reynolds,
Smith and Hills, dated August 1981. A copy of the ADA is
made a part of this Resolution as Exhibit 1.
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RESOLUTION NO. 26-95
Page 4
a
(2) The original development did not include the
widening, strengthening, or extension of runway 9R-27L,
or the change in use of the runway from general aviation
to air transport category.
(3) The original development did not include the
acquisition of 97.5 acres in the east land addition or
the change of use of 106 acres in the west land addition.
(b) Descrintion of the Modified Development
j (1) The modified plan of development is described in the
Fort Lauderdale-Hollywood international Airport Master
Plan Update (1994 Master Plan) and the Part 150 Study,
prepared for the Broward County Aviation Department, _b Leigh Fisher Associates, et al. , dated March 199 Copies of the 1994 Master Plan and the Part 150 Study are
respectively.
made a part of this Resolution as Exhibits 2 and 3,
The
ied
of
27L from 100f to 150n,includes
strengtheningiof the runway toallow use by all category aircraft, the extension of the
runway from 5,276, to 9 000'
the runway from general aviation to h airs transport
category. „)
(3) The modified plan requires the acquisition of 97.5 rT
acres of land to the east of the airport for the extended
runway. The legal description of each parcel comprising
F:r
i the east land addition and a map are made a part of this
Resolution
is superimposed on e tl depiction
City
acres h map as Exhibit
5 to this Resolution.
(4) The modified plan adds an additional 106 acres to the
airport for airport related use and changes the use of �l
the property to transportation use. The west land
addition is depicted on the City of Dania map a Exhibit
5 to this Resolution.
,I9 .
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RESOLUTION NO. 26-95
Page 5
e►
Section 2. Substantial Deviation Determination
Findings of Fact. Conclusions of Law and Order
FINDINGS OF FACT.
1. The recitals in the Whereas clauses and the statements in
Section 1 are incorporated into and made a part of these findings
of fact.
k
2. On September 10, 1976, the Division of State Planning, in
the Department of Administration, issued a binding letter, BLID 1
1177-002, in which it determined that the proposed New Terminal
Complex was a DRI. On August 19, 1977, in response to a change in
the proposed development, the Division of State Planning issued a !
binding letter, BLID 1178-001, again determining that the proposed
air terminal complex facility is a DRI and ordered Broward County
to comply with the DRI review and approval requirements of Section
380.06, Florida Statutes. On September 16, 1977, Mr. L. E.
Wagener, Director of the Broward County Aviation Division,
requested reconsideration of the binding letter of determination.
The Division of State planning affirmed its prior determinations on
January 26, 1978 and again ordered Broward County to submit to DRI
review and approval. True copies of the September 10, 1976, August
19, 1977, the September 16, 1977 and the January 26, 1978 letters j
are made a part of this Resolution as Exhibit 6.
3. Subseq
uently, on June 5, 1979, functioning as the state
Planning and development clearing house under U.S. Office of
Management and Budget Circular A-95, the Division of State Planning
reviewed a NEPA Environmental Impact Assessment Report for the
development of a new terminal complex and advised Mr. Wagener that
A "this proposed project is a Development of Regional Impact (DRI)
pursuant to Chapter 380, Florida Statutes. . . . " A true copy of the
June 5, 1979 letter is made a part of this Resolution as Exhibit 7.
i
4. Broward County eventually submitted an Application for �S
Development for DRI review by the SFRPC. See, Exhibit 1,
Development of Regional Impact ADA for the Fort Lauderdale-
International Airport, dated August 1991.
�za
5. The SFRPC issued its report and recommendations for the
Fort Lauderdale-Hollywood International Airport Terminal Expansion
in January 1982. A true copy of the SFRPC report is made a part of
p' this Resolution as Exhibit 8.
F 6. The City of Dania rendered the original D.O. , Resolution
No. 449, on, or about, March 23, 1982. A true copy of the original
D.O. is made a part of this Resolution as Exhibit 9.
'IN
x�
RESOLUTION NO. 26-95
Page 6
7• Section 4, 1 G Of Resolution No. 449 incorporates the
Application for Development Approval into the original D.O.
Section 3, 1 C specifically provides:
The development proposal included Future ancillary
development proposals, designated in the project Master
international apron Development Plan as future terminal (1990 plan) , future
structural parkin future g, futureair cargo employeebuilding, an future
on-site hotel, which are not included for riew in theADA. Since Section 380.06, Florida Statutes, requires
that all development ancillary to a DRI be included in
the ADA, the applicant will have to submit to the Council
(SFRPC) and the City of Dania amendments to the ADA prior
to proceeding with the identified projects.
The not
9R-27L, a d sucDh alproposale was ynoty reviewed byfuture exnthen Sof
FRPC nnor
approved by the City of Dania.
9. Broward County later approved an Airport Master Plan
Update Study and a Part 150 Study for the airport.
Master Plan Update Study The Airport
and a Part 150 Study were prepared by
Aviation Planning Associates, et al. in September 1987. True
copies of the 1987 Master Plan and the Part 150 Study are made a
part of this Resolution as Exhibits 10 and 11, respectively. The
master plan recommended a development program for airfield
improvements. The development program was proposed for three
phases:
Y
• Phase is 1986-1991
3 'l
• Phase II: 1991-1996 zi6• Phase II1: 1996-2006
Phase II includes improvement no. II- Ttq Transport Standards 1991 . — 9 Construct Runway oui �!
27L to
( ) The improvement is described as:
The complete redevelopment of utility Runway 9R/27L to a
6,000 by 150 foot transport runway, utilizing. Class III
require rt aircraft aye length design standards, is
d to provide the
rt with a second arallel
air crrior runway. This project includes the relocation
of the Dania Cut-Off Canal; acquisition of avigation
easements off the ends of 9R and 27L; the construction of
a 6,000-foot runway, parallel taxiway and associated
terminal area NAVAIDs; and the removal of all hangar
facilities along the south airfield.
1a
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RESOLUTION NO. 26-95
Page 7
See, 1987 Master Plan at page VI-15.
10. On August 21, 1988, Broward County and the Florida
Department of Community Affairs entered into a Preliminary
Development Agreement under Section 380.06, Florida Statutes, that
allowed Broward County to construct certain airfield improvements
in the "Airfield Improvement Program"
Roads and Airfield Improvements" (identified as "Perimeter
d Taxiway
Improvements", and "Airfield Electrical RImproveme Improvements"
review prior to DRI
review upon the express warranty by Broward County that the
development is a substantial deviation requiring DRI review and
approval, and upon its agreement to file
substantial deviation application with the SFRPC a
for development approval within
6} months (5 months after the pre-application conference) of the
agreement date. Broward County later amended the Preliminary
Development Agreement to extend the date of filing a substantial
deviation application to 11 months. The application has not been
filed to this date. True copies of the agreement and the amendment
are made a part of the Resolution as Exhibit 12.
11. Broward County incorporated the 1987 Airport Master Plan
Update Study, proposing a 6,000' runway, and the Part 150 Study i
into the 1989 Broward County Comprehensive Plan and Land Use Plan.
True copies of relevant portions of the comprehensive plan and land
use plan are made a part of this Resolution as Exhibit 13.
12.Services In May 1993, KPMG Peat Marwick, Airport Consulting
p presented its Technical Report: Runway Feasibility Study
Master Plan Update; Fort Lauderdale-Hollywood international
j Airport, prepared for DCAD. A copy of the technical report is made
a part of this Resolution as Exhibit 14 . The sole object of the
report is the following recommendation:
Therefore, the Broward County Commission is hereby
requested to approve the extension and widening of Runway
9R-27L. . .to a length of 9,000 feet and a width of up to
200 feet. . .for the purpose of enabling:
1. Preparation of a revised draft Airport Layout Plan (ALP)
and submittal of the draft ALP to the Federal Aviation
I Administration (FAA) , FAA approval of the ALP is an
important step toward ensuring the runway projects
eligibility for federal aid programs and .for protecting t`
necessary airspace.
2• Acquisition of all properties needed to project [east land acquisition] . construct the
t .
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RESOLUTION NO. 26-95
Page 8
3. Completion of the current Master Plan and FAR Part 150
Noise Compatibility Program updates, including the time
line for the runway extension and related noise
mitigation programs.
See Exhibit 14 at page iv.
13. The
runway
exp
Broward County C mmi s ion on Mayansion chnical 4, 1993 Po A cos approved by the
of the
commission official action is made a part of this Resolutionnas
Exhibit 15.
i
14. l actions ended in the runwa expansion tchnical
report have eoccurred,ror they have been authorized, by thee
Broward
County Commission.
(a) The 1994 Master Plan Update, depicting the 9,000, runway
expansion, and the Part 150 Study were approved by the
Broward County Commission and BCAD was authorized to
transmit the Master Plan Update to the FAA on April 5,
1994. See, 2 and 3. ',t•.
4
(b) The Broward County Commission authorized the east land J
acquisition by purchase on May 25, 1994. Purchase offers
were made to all the property owners in the acquisition
area. The county commission authorized the taking of the
properties by eminent domain on January 24, 1995. True
copies of the authorizations are made a part of this
Resolution as Exhibit 16. The properties in the east r
land acquisition are legally described and depicted in
Exhibits 4 and 5.
15. The Broward County Commission authorized the issuance of
Series . 1993 Bonds (Airport System Revenue Bonds) as additional
bonds under Resolution No. 82-A-2 on July 6, 1993 to fund a portion
of the costs of the east land acquisition and certain costs of the
runway expansion. The Airport System Revenue Bond is made a part
of this Resolution as Exhibit 17.
16. As part of its modified plan of development County As
the use o.f the land in the west land acquisition
from noise mitigation to airport support use by amending the
land use designations
Broward County Land Use Plan Future Land Use Element to change the
from to
Transportation) . The county commisaiontresolution is ial and madeal part N1
of this Resolution as Exhibit 18.
17. The modified plan of development has not been submitted
SAX
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RESOLUTION NO. 26-95
Page 9
to the South Florida Regional Planning Council for further DRI
review.
18. e
to the City ofdiDan Dania for ofurther aactiona on ethee0substtaantial
deviation from the approved DRI.
'try. k
19. The City of Dania demanded that Broward County submit the
modified plan of development for DRI substantial deviation review
and action by the city,
city's notice is mad part hOfc this yResolution as Exhirefused. True bit of
a-"
CONCLUSIONS OF LAW.
20. Broward County approved changes to a previous
DRI. The modified la p 1y a roved :!p n includes the widening of runway 9R-27L from
100' to 150' , the strengthening of the runway to allow use by all
category g ry aircraft, the extension of the runway from 5,276' to
9,000' , the change in use of the runway from general aviation to
air transport category, the east land acquisition and the change in
use of the west land acquisition.
21. Tho modified plan of development categorical substantial deviation under Seion 380.06(19) (b)2. ,t a s
Florida Statutes.
v 1•
22. The Broward County actions to change the use of the west
land addition and to acquire the east land acquisition are _
Presumptive substantial deviations under Section 380.06(19) (e)3. ,
Florida Statutes.
23. Broward County is implementing the modified plan of
development by its actions to (a) change the use of the west land
acquisition; (b) acquire the east land acquisition; and, c x�
bonds for land acquisition and capital improvement costs ) issue
24. Broward County is in clear violation of the express
mandate of Section 380.06(19) ,substantial deviation DRI Florida Statutes, requiring review. '
ORDER.
25. Broward County shall submit a substantial deviation
application for DRI review within 60 days of the effective date of
1� this order.
i
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RESOLUTION NO. 26-95
Page 10
s
x
...w.a.Srw
27 Broward County shall immediately cease and desist actions
{uschaseao xha* Pr to
operty ia ; thaeastla �, as q is3gny
change theauseiof$land in the wes land aagiiis'i i'n�unti}lbsuc0
time as the City of Dania takes action on a substantial deviation
application.
Section 3. Transmittal.
i
This Resolution shall be transmitted to the Chairperson of the
Broward County Board of County Commissioners, the Broward County
Aviation Department, the Florida Department of Community Affairs
and the South Florida Regional Planning Council.
Section 4. Effective Date.
This Resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED this 28th day of February, 1995.
APPROVED:
r.;
ATTEST: MAYOR - COMMISSIONER
C—HT CLERK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS �+
BY:
Frank C. Adler, City Attorney
9356v1o.z.r Resolution No. 26_gy
' On February 28, 1995, the trial court, the Honorable
Estelle Moriarity, prohibited the
Broward Co City of Dania from ordering
unty to suspend actions to acquire the land in the east
jjJJf land addition. The redlined provisions indicates the subject that
has been deleted by order of the court.
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, 1N AND FOR
BROWARD COUNTY, FLORIDA
CASE NO. 93-18222 (05)
CITY OF DANIA, a Florida
municipal corporation,
Plaintiff,
-vs-
BROWARD COUNTY, FLORIDA, a
Political subdivision of the +Wy
State of Florida
Defendant.
i
F
ORDER ON WRIT OF PROHIBITION
THIS CAUSE having come on to be heard this 28th day of
s
February, 1995 on the Defendant's, BROWARD COUNTY, Emergency Motion
for Temporary Injunction and upon consideration, the Court does
{' hereby treat this Motion as a Petition for Writ of Prohibition. On
.t
the record presented, the COUNTY' s Emergency Motion for Temporary
Injunction, the CITY' s Response and Supplemental Response, the
Court ORDERS as follows: _
The petition for writ of y.>
prohibition is denied in part
e and granted in part.
2 . The CITY OF DANIA is prohibited from making any order >
�•!-.
� proporting to prohibit BROWARD COUNTY from acquiring or condemning
property as addressed in Paragraph 26 and 27 (a) of the proposed
Resolution of the CITY OF DANIA, as attached to the Emergency
IMotion for Temporary injunction as Exhibit B.
3 . The quasi-judicial hearing may proceed in all other
n.
7i
respects.
DONE AND ORDERED this 28th day of February 1995 in Chambers at
Fort Lauderdale,
sroward County, Florida.
c
ESTELLA MAY MORIARTY
�TRCUIT JUDGE Copies
furnished: ;
Edward R. Curtis, Esquire
Earl G. Gallop, Esquire A TRUE COPY
T
Tracy H. Lautenschlager, Esquire ;
4310217 .ord
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' Print Your name end nd sa 6 b. 1 8130 Wish to receive address on the reverse of the
returntt this cam to you. this loan feel: rg services }
• as not this t. to[he front of the meilplece,or on the back It spacewe
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show W whom the article Wsp delivered and the dare N
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Il d n, Suzanne N . Consult ostmaster for l=_ m
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DOMESTIC RETURN RECEIPT
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CITY OF DAP
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 Phone: (305) 921-8700
-i�'y��J��;it=;��'71.-f DANIA, FL 33004 Fax: 305
) 921-2604
v�
Hon.Suzanne N. Gunzburger, Chairperson CERTIFIED MAIL
Broward County Board of County Commissioners RETURN RECEIPT REQUESTED
115 S.Andrews Avenue Z 024 244 940
Ft. Lauderdale, FL 33301
Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February
28, 1995, at 7:30 P.M.,or as soon thereafter as it appears on the agenda,at the City of Dania City Hall, in the
._. . Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
CITY OF DANIA ��'y
NOTICE OF PUBLIC HEARING
Commission Chambers
100 West Dania Beach Boulevard
Dania, Florida 33004
Phone: (305)921-8700; Fax:(305)921.2604
THE CITY COMMISSION OF THE. CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A _
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
RELATING TO DEVELOPMENTS OF REGIONAL IMPACT,IS SCHEDULED FOR HEARING ON FEBRUARY 28,
1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE
WHETHER BROWARD COUNTY, ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD rv:{
COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY1`1
UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF DANIA. THE
SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 9R-27L AT THE FORT ..E;.•, ,ti;'f
LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO TI1E EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO r
THE WEST OF TI I RUNWAY. „ 4.
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN x
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER
a:
I ENFORCEMENT ACTION.
A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OF
LAW AND AN ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THEJ '.. _
HEARING. ._,..
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD "r
AT THE MEETING ON TI iIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO TI I[ OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING(F.S. 163.3184). "
YOU ARE IIEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
i INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED(F.S.286-0105)
If you have any questions or wish any additional information,please contact the City Manager, Robert
Elatley, or the City Clerk,Maric J.Jabalee at(305)921-8700.
I •
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• Attach thle loan to tbo front of 1M1e mailpioca,or on the beck d epe:e t
m does not pa�mit. 1. El Atldraee
« • Wnre"noturn Receipt Roquemed"on the mailpiece"low the article number.• Th.Return Receipt will show to whom the erpde was dolwored end the dote Z' 0ROSIrICIed DeliVary
0 aehII...d.
a 3. Aricle Addressed to: Consult oatmastar for fee.
$ George Spofford , Director Z Article Number
Z Se i 21 4 944-- —
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u 1400 Lee Wagener Blvd . URegistered ❑Insured to
0 Ft . Lauderdale , FL 33315 ®Cenlfled ❑coo
C ❑ Express Mail ❑ Return Receipt for .
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and fee Is paid)
' �.�Form- ;December 1981 ' ws.opoaac�au-7u ,'
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-Zr1124 244 944
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Do not use for International Mail
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1400 Lee Wa ener Blvd .
�Ft Lauderdale FL 33315 Yl
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CITY OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1708
DANIA Phones; (305) 521
-8700
Fax: (306) 921-2804
George Spofford, Director
Broward County Aviation Department CERTIFIED MAIL
1400 Lee Wagener Blvd, RETURN RECEIPT REQUESTED
Ft.. Lauderdale, FL 33315 Z 024 244 944
Please be advised of the public hearing whch will be held by the City of Dania on Tuesday, February
28, 1995, at 7:30 p.m., or as soon thereafter as it appears on the agenda, at the City of Dania City Hall in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
i
CITY OF DANIA
NOTICE OF PUBLIC HEARING
i
Commission Chambers
100 West Dania Beach Boulevard
Dania, Florida 33004
Phone:(305)921-8700;Fax:(305)921.2604
THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28,
1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE s
p WHETHER BROWARD COUNTY, ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD �S
COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY
UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
FORSUBJECTTION MATT R OF T14EOPMENT HEARING CONCERNS THE EXTENSION OF Y UNW APPROVAL FOR REVIEW AND ACTN BYE9R•27LCITYOATDANIA. THE
THE FORT
. ' E LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO
THE WEST OF THE RUNWAY.
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY N
IS I
_ VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER
ENFORCEMENT ACTION.
OF A
RESOLUTION CONTAINING
LAW AND AONPORDER SRONOFILEDIN THE CITY CLERK'S OFFICE AND MAYBE REVIEWEDNGS OF FACT, PRIOR TO THE '
HEARING. ':..
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD
AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004,PRIOR TO THE ADVERTISED MEETING(F.S. 16363184). -
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITI-I RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICII THE APPEAL IS TO BE BASED(F.S.286-01o5)
If you have any questions or wish any additional information,please contact the City Manager, Robert
Flatley,or the City Clerk,Marie J.Jabalee at(305)921-8700.
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100 W. DANIA BEACH B
r-u. BOX 1708
DANIA, FL 3 3004 Phone: 305 921-8700- Fax: (305) 921-2604
Florida Department of Community Affairs
Bureau of State Planning CERTIFIED MAIL
2740 Centerview Drive RETURN RECEIPT RE
Tallahassee, Florida 32399 2 024 244 932 QUESTED
Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February -4
28, 1995, at 7:30 P.M., or as soon thereafter as it appears on the agenda, at the City of Dania City Hall, in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004 k 1
,
I
CITY OF DANIA i
NOTICE OF PUBLIC HEARING
i
Commission Chambers
100 West Dania Beach Boulevard
Dania, Florida 33004
Phone:(305)921-8700, Fax:(305) 921-2604
THE MAYOR AND CITY COMMISSION OF THE CITY OF DANIA, FLORIDAECTI' HEREBY GIVE NOTICE
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF �
STATUTES, RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARINOGRON Q, f
FEBRUARY 28, 1995,AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100
WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO
DETERMINE WI-IETHER BROWARD COUNTY,ACTING THROUGH ITS COUNTY
BROWARD COUNTY AVIATION DEPARTMENT, 15 IN VIOLATION OF SECTION 380.06, FLORIDA
COMMISSION AND THE
STATUES, BY UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO
SUBMITTING AN APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY . .
OF DANIA. THE SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 9R.27L .�
AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD a
COUNTY ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY
LAND TO THE WEST OF THE RUNWAY-
AND TO CHANGE THE USE OF
IN J
THE EVENT THE
VIOLATION OF SECTION 380 IT FLORIDA STATUTES,DETERMINES
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AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD, t < n
DANIA,FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING(F.S. 163.3184).
U ARE I IEREBY ADVISED THAT IF ANY
WITH RESPECT TO ANY MATTER CONSIDERED ATPTH SOMEE MEETING OR HEARINGN DESIRES TO APPEAL SUCH EPERSOpN MADE
NEED TO ENSURE THAT A VERBATUM RECORD OF MAD WHICH CO
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INCLUDES THE TESTIMONY AND EVIDENCE UPON WIiI THE PROCEEDING ISCH THE APPEAL IS 70 OE BASED(HIGH G CO If you have any questions or wish any additional information, please con
j" Flatley, or the City Clerk, Marie J.Jabalee at(305)921.8700. tact the City Manager, Robert
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ECarolyn A . Dekle 4b. Service Type W
So . Fl . Regional Planning ❑ Registered ❑ Insured
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CITY OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 Phone: (305) 921-8700
DANIA; FL 33004 Fax: (305) 921-2604
Carolyn A. Dekle, Executive Director CERTIFIED MAIL
South Florida Regional Planning Council RETURN RECEIPT REQUESTED
3440 Hollywood Boulevard Suite 140 Z 024 244 933
Hollywood, FL 33021
Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February
28, 1995, at 7:30 P.M.,or as soon thereafter as it appears on the agenda,at the City of Dania City Hall,in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
CITY OF DANIA I
NOTICE OF PUBLIC HEARING - - - -
i
_ Commission Chambers
100 West Dania Beach Boulevard
Dania, Florida 33004
Phone: (305)921-8700; Fax:(305)921.2604
THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28, '
1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE
WHETHER BROWARD COUNTY, ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD
COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY ,
UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING ANIA. THE
AN
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF D
SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 91? AT THE FORT _
LAUDER DALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO '
THE WEST OF THE RUNWAY.
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER
q�g
ENFORCEMENT ACTION.
..
j A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OF �73fx`
j LAW AND AN ORDER IS ON FILE IN TI'IE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THE
HEARING. ---'.Y
i
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD
AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING(F.S. 163.3184).
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED(F.S.286-MO5)
If you have any questions or wish any additional information,please contact the City Manager, Robert
Flatley,or the City Clerk, Marie J.Jabalee at(305) 927-8700.
C
i,
J .CIF ��•'��
r
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f
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CITY OF DANIA
1 --� 100 W. DANIA BEACH BLVD.
P-o. BOX 1708
DArifA, FL 33004 Phor.e: (3055) ^a<'i-oiOU -
Fax: (305) 821-2604
John J.Copelan,Ir., County Attorney
Broward County Board of County Commissioners
115 S.Andrews Avenue
Ff. Lauderdale, FL 33301
Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February
28, 1995,at 7:30 P.M.,or as soon ;hereafter as it appears on the agenda,at the City of Dania City Hall, in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
CITY OF DANIA
NOTICE OF PUBLIC HEARING
i
Commission Chambers -'
100 West Dania Beach Boulevard
Dania, Florida 33004
Phone:(305)921-8700; Fax:(305)921.2604
THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A
QUASI-JUDICIAL 14EARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28,
1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE 1
WHETHER BROWARD COUNTY, ACTINC THROUGH ITS COUNTY COMMISSION AND THE BROWARD Y
COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY t
UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF DANIA. THE
SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 911-271 AT THE FORT
+ LALIDERDALE-1101-LYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO
THE WEST 01:THE RUNWAY,
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER
ENFORCEMENT ACTION.
4.�
a A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OF 1 ^~
LAW AND AN ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THE +
HEARING.
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD r
AT TIME MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING(F.S. 163.3184).
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED(F.S.286-0105)
If you have any questions or wish any a dditional information,please contact the City Manager, Robert
Fiatley,or the City Clerk, Marie J.Jabalee at (305)921-8700.
t
jy f ,
T Ay Se".
CITY OF DANIA
100 W. DANIA BEACH BLVD.
7 P.O. BOX 1708
DANIA, FL 33004 Pho a; (30 i) 921-8700
Fax: (305) 921-2604
P
Jack Osterholt,County Administrator
Broward County Board of County Commissioners
115 S.Andrews Avenue
Ft. Lauderdale, FL 33307
Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February sr��28, 1995, at 7:30 P.M., or as soon thereafter as it appears on the agenda, at the City of Dania City Hall, in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004 i.Nd:is�nw
CITY OF DANIA `-s'
NOTICE OF PUBLIC HEARING
r
Commission Chambers
100 West Dania Beach Boulevard
Dania, Florida 33004
Phone: (305)921-8700; Fax:(305)921-2604
THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A �
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28,
1995,AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE
WHETHER BROWARD COUNTY, ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD L
F j
COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY
UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN -"
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF DANIA. THE •� '•
SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 9R-27L AT THE FORT
LAUDERDALEHOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY Iwf
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO „r J
THE WEST OF THE RUNWAY.
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER ,
ENFORCEMENT ACTION.
A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OF ~
LAW AND AN ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THE A
HEARING.
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD
AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD, -
DANIA, FLORIDA 33004,PRIOR TO THE ADVERTISED MEETING(F.S. 763.3784).
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED(F.S.286-0105)
If you have any questions or wish any additional information,please contact the City Manager, Robert
Halley,or the City Clerk,Marie J.)abalee at(305)921-8700.
• 7F�
CITY OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 _
DANIA. FL 33004 Phone: (305) 221-C700
Fax: (305) 921-2604
Tracy H.Lautenschlager,Assistant County Attorney
Broward County Board of County Commissioners
115 S.Andrews Avenue
FL Lauderdale, FL 3330I
Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February
28, 1995,at 7:30 P.M., or as soon thereafter as it appears on the agenda, at the City of Dania City Hall, in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
CITY OF DANIA -
NOTICE OF PUBLIC HEARING % I
II
Commission Chambers i
700 West Dania Beach Boulevard
Dania, Florida 33004
Phone:(305)921-8700; Fax:(305)921-2604
THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28,
1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE i
W14ETIIER BROWARD COUNTY,ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD
COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY
UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF DANIA. THE
SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 9R.27L AT THE FORT
IAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO
THE WEST OF THE RUNWAY.
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER
�. . ENFORCEMENT ACTION.
A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OF .` .�
LAW AND AN ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THE
HEARING.
i
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD
AT TI4E MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND _
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING (F.S. 163.3184).
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED(F.S.28"105)
If you have any questions or wish any additional information, please contact the City Manager, Robert
Platley,or the City Clerk, Marie J.Jabalee at (305) 921-8700.
,
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CITY OF DANIA
100 W. DANIA BEACH BLVD.
` P.O. BOX 1708
j , VAN1A, FL 33004 "" t��ol nii-ei00
C — Fax: (305) 921-2604
H Linda Shelly, Secretary
C Florida Department of Community Affairs
N Bureau of State Planning
F 2740 Centerview Drive
Tallahassee, Florida 32399
N
r ,
.. % Please be advised of the public hearing which will be held by the City of Dania on Tuesday, February
28, 1995, at 7:30 P.M., or as soon thereafter as it appears on the agenda,at the City of Dania City Hall,in the
F Commission Chambers, 100 West Dania Beach Boulevard,Dania, Florida 33004
I CITY OF DANIA "
T NOTICE OF PUBLIC HEARING
`i
Commission Chambers
100 West Dania Beach Boulevard 1 r
N Dania, Florida 33004 -
Phone:(305)921.8700; Fax:(305)921.2604
C
B THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A {
C QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES, +. i
C RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28,
t 9 1995, AT 7:30 P.M.IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA -
P BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINES'},
A WHETHER BROWARD COUNTY, ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD
R COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY
A UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN t;a.0 APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF DANIA. THE
N SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 9R-27L AT THE FORT "
LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO _
THE WEST OF THE RUNWAY.
IN
HE EVENT
E CITY
VIOLATIONTOF SECTIONH380.06, FLORIDASST TUTTES,DETERMINES
COMMISSIONOWIL CNTY IS IN
THE UCONSIDER
S ENFORCEMENT ACTION.
A,
A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OFF.
LAW AND AN ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THE ,
HEARING.
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD
AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING (F.S. 163.3784).
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
PI WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
PI INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED(F.S.286.0105)
If you have any questions or wish any additional information,please contact the City Manager, Robert
Halley,or the City Clerk,Marie J.Jabalee at(305) 921-8700.
7
S
CITY OF DANIA
100 W. DANIA BEACH BLVD.
1 -•:.r.-LI-i P.O. BOX 1706
� DANIA, FL 33004 Phono:
CI �'v�R�� t' F (306) 9_1-8700
ax: (305) 921-2604
Samuel Goren, Esq.
HI Josias& Goren
Cf 3099 E.Commercial Blvd.
NI Ft. Lauderdale, FL 33308
FI
NI Please be advised of the Public hearing which will be held by the City of Dania on Tuesday, February 28, 1995, at 7:30 P-M., or as soon thereafter as it appears on the agenda,at the City of Dania City Hall, in the
. - II Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
F 1 CITY OF DANIA
NOTICE OF PUBLIC HEARING
I!
TI Commission Chambers
100 West Dania Beach Boulevard
Dania, Florida 33004
1 Phone:(305)921.8700; Fax:(305)921.2604
CI
CI THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE THAT A -
QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 380.06, FLORIDA STATUTES,
BE RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED FOR HEARING ON FEBRUARY 28,
C f 1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS AT THE DANIA CITY HALL, 100 WEST DANIA
CI BEACH BOULEVARD, DANIA, FLORIDA, 33004. THE PURPOSE OF THE HEARING IS TO DETERMINE t
81 WHETHER BROWARD COUNTY, ACTING THROUGH ITS COUNTY COMMISSION AND THE BROWARD ' J
PI COUNTY AVIATION DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY1
AI UNDERTAKING TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
NI APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF DANIA. THE
AI SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY 9R-27L AT THE FORT
DI N i LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE RELATED BROWARD COUNTY
ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY AND TO CHANGE THE USE OF LAND TO ^
THE WEST OF THE RUNWAY. tj
IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
t VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN CONSIDER
ENFORCEMENT ACTION. -�
s1.
A.TI A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT, CONCLUSIONS OF ^�
LAW AND AN ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND MAY BE REVIEWED PRIOR TO THE -
HEARING.
(: ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND BE HEARD '
AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE ALSO INVITED AND
MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST DANIA BEACH BOULEVARD,
DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING(F.S. 163.3184).
(! YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH PERSON WILL
PE NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD
PF INCLUDES THE TESTIMONY AND EVIDENCE UPON WI-IICH THE APPEAL 15 TO BE BASED(F.S.286-0105)
If you have any questions or wish any additional information, Please contact the City Manager, Robert
Flalley, or the City Clerk, Maric J.Jabalee at(305)921-8700.
WIN
-
?IJ dLI SH ED DAILY
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA
BOCA RATONr, PALM BEACH COUNTY, FLORIDA
MIAMI, DADE COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF BROWARD/PALM BEACH/DADE
BEFOR\7ETHE NO SIGNED AUTHORITY PERSONALLY APPEARED
WHO ON OATH SAYS THAT
HE/SHE Ig
ULY•AUTHORIZED REPRESENTATIVE OF THE
CLASSIFIED EPARTMENT OF THE SUN-SENTINEL. DAILY
NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE COUNTY,
FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT. BEING A
NOTICE OF PUBLIC HEARING
IH THE MATTER OF '
y
FEBRUARY 26P 1995
IN THE CIRCUIT COURT. WAS PUBLISHED IN SAID NEWSPAPER IN
THE ISSUES OF
C • 02/17, 2 X i
2EI50380
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A
NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DADE
COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS HERETOFORE
BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM BEACH/DADE
COUNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND
CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDALE. IN
BROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE A SAID S
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED Copy „
ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE HAS TuA Public c her no281T 1085, .>T•pp
NEITHER PAID NOR PROMISED ANY PERSON, AP•sll` ee 1AO�E y PUSUC HEARING Dania on
ANY DISCOUNT, REBATE. COMMISSION OR REFUNDFOR CORPORATION THE PURPOSE CSonaul COMMISSION•O F•THE CITY OF FY of Dania
BeTHE ach Boulevard�Danla IFlorrll r as soon
4e 8300N 100% .31 Dania
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID FLORCIAL IDA HEOEON MISSNOTICEOAN VOLATIOHOF9EC-
NEWSPAPER.
R 38 EN FLOAIDA STATUTES, RELATING F SEC_
VELOPMEN�$OF REGIONAL IMPACT IS SCHEDULED
•{ •. THECITAPING I FC SAUARY 28 1885 AT 7:30 P M.IN
��� Y COMMISSION CHAMBEAS AT THE DANIA CITY
_ MALL 100 EST"I" BEACH BOULEVARD DANIA
DETER A,3300q,THE PURPOSE OFTHE HEARING IS TO
(SZGNATU DF•AFFIANT)••• •• ••••••••••••• THROUG ITSHCOIEllBROWARDCOUNTY, ACTING
&14"OR N pf 3OCCTION 380 06 I'LEP GAIIDA SiAT{I I V,
SWORN TO AND SUBSCRIBED BEFORE ME DEVELOPMEGTPgIORP70sUBMITiNOANEgPp�pAF
THIS 24 DAY OF FEBRUARY MA7DTE O�THEHEgE NO CONCE NI HEEXTE EV ON
A.D. 199 S OF RUNWAY BR-27L AT THE FORT LAUOEROALE-
A _ LYWOODINTERNATIONAL gIRPORTANDTHERE ROL.
THE F OD
COUNTY ACTIONS TO AC LATED
THE EAST OF THE RUN QUIRE UND TO •-
••••• OF LAND TO THE WEST AY AND TO CHANOE T l
• � ......•.. IN THE EVENT THE CI TY OF T SSINN DETERMINES r
(SIGNATURE DF NOTARY PUBLIC) THAT BROWARD COUNTY IB IN VIOLATION OFSECTIE
3BO.OB, ONSIDFLORIDA STATUENFOR E9 THE COMMISSION WILL
t BARBgRA STRICKLAND T A COPY OF A PROPOSED gESOLV ION CONTAINING
:•1 MY COW-IISSION/CC 207617 EXPIRES FINDINGS OF FACT CONCLUSIONS TI
ORDER 18 ON FILE IN THE CITY CLEROF K'LAWS AND AN
JutY 2N.1OBB MAY BE REVIEWED PRIOR IT CLE HEARING AND
IIXgTp Rqy BpY AM MusWI1CIL IM, ALL PARTIES MAY PRESENT EARING
••••••••.. •• _ rr ESTED PERSONS Mgyq PRESENT
EVIDENCE
IN THE
(NAME OF NOTARY•TYPEDP PRINTED OR�7gpPED) Ertl GOARETHI LUASIJUDICIALHEARING WATTHE
// ••• COMMENTSS
TED10 ARE AL SOINVITEDANDMAy BES DANIA STHE OFFICE OF THE CITY CLERK UBMIT-
3004
PERSONALLY KNOWN ......... .... ........ PRIOR TO THE ADV LEET19EO EETING F.S.IDADANIA FLG`410 WEST
DE3IFETO A APPEAL ADVISED DEQ SION 114 MADEYWITHS EH
DR ISPIp CT TO ANY ATTER CONSIDERED AT THIS MEET-
PRODUCED IDENTIFICATION _ SURE THATI A'UCHPVERBAERSONWILL NEED TOEN-
• •• •••••••••• THETESTDIMONYS MADE WHICHTIEOORD INCLUDES FTHE F�pryFB TO BE BASED jbES 2EUPON WHICH -
7 17,74, ipp5 0105) TIIE
n
I l,(> tun 1 t P luN(,Ill ou I OI - �., d AND Us-z"'
1 IIIIll rt ,I '.I 4 1 J I J C rib II ld
NOTICE IS IrREHY GM1EN that VC,I C. ] t I wl t a C. IIU H O ck Ill Cri CHEATLD l NC Art ND[D r I TWLLY TIIE
C IY ul H:>uywi FI d i s 1 1 w I I .:I r10 ,. ck. CHANTER AMEtIDIr ZNT AD, �Ji 1'bOAHD AND CITE.
P,.lo.31,w1¢I 1L. ,.a•1I 1 ( 1 1 ATING A N6I GIIAgTOI MdCNp1.•FHT ADIISORY
as we p al '461 n,.ad Flod .11I M r 1 +i. 10 I u I ' ;r BOAHD, PHOV,DING FOh TFHMb 01 OI I ICE DF 115
all ILaeel Time t which l etheynWub 1111,11 d d t"'dly A d oCAI CD L", e I-_ o]Jbl' MFMEIMS AND I HEIR POWERS AND OUT IES PROVID.
pp.nb<IyYmthl Lomm s.on Gha Lo un"1'I Ua 11a RID- All dbd-.1 , II February 21 1995 ING FOR SEVERABILITY, PHO.ID01G AN EkFECTIVE
�1 ieYewT - 2600 Noll oJ0 BpulOVefd, Iloli r bo 0ehaled Io the P.,Cf ao - --__ _. _- _ DATE.
amps. Yw YMvod Flonde 'bl Division, 6591 SW 45th] NOTICE IS HEREBY The Ordinances is available for public inspection at the
i'iu.r In- The work to be porlormod c0nsiol.of In,,conslruclion g
ofepPr°Mmalely 9 0 Iran of.,.loon mcnd,amalm duc0le Sireel, Davie. Florida GIVEN that the under-� CIIYCknk's01hCe,100 West Atlantic Boulevard,Suit,253
Iron I i p Pompano Bosch, Flonde 33OW
ue. [cone- FloridaOa at Ina hree Islands Development Hollywood, o0 or alb out112 00 pmU to bumneess undarolho Isar I Any person vino doeidoe io appeal any decision of the
lank. D^.w City G ommlfa,a with respect I 5.e4x-4e5x Co be of the Contract Documents may be obtained at te.J ay, Minch 23, 1995.i CO name of PRO FORM ; port 10 any mat, considered at
-- Irom f 1 oilmo of site Eagnucluirtmarinop ppapve Joi Av nee. al Pb .Public
iu i Haii Tare CO In anelu to the Florida'the Ihr-mw•ll.^.p %l may h s f I. of the:.verb.•-,,rec 1w
Sion of the Utilities from
30 A AU1 N,1O 1vE,Avenue. wtll nr.a public Did Opmmg l Sind name with the Fb seen yin Pusu,may ris I to r, wuro that u record
inclub. des
record
Hollywood,Florida.ond Irom e'.30 A M.to P00 P.M Monday In, Town of Davie ra- Department of State, Dlv'- of the precvedm s ' which •cord eludes the
® ® through Frmey.Teehnlul puertbns Mall be eu�mi0ed In servos the right to refecl any elan of CorpweNms.T.IIe- peony and ev4aonce upon wnlcn ino appeal Is to W
writing t0 the Prated Enolnver Wllliane. Hellleld sad :ad an
all bPdt. he.". FL and/or Clark of All lnleresied arsons ere urged m errand the Public
Sy n En lee,a12317ch 9.1 5 A kL tion Charles
K 3J3 b Town 01 Davla the Clrcull Court of Seaward Hearings,Send aPeWasemellve,a express their Wows by
b no iota than March 1995 Ailantlm:CherbeK DeeO, Horb H en, CPPB Coen Florida. brie.
P.E.T ol+s Numbo FCr afi M sl Doamanl.lateral Y°+ County
L ion:3pp6sp5A88-03N,Faa:3U5- es 542L O pbs of Lon- Pro urement Manger 8=1 Wheeler An pe son re�Wdn .�Otte Y olds and eeMcea al Into
trod Documenb arM.bred document/an°n Isle ens February 21, 1FM 387 SW 35 Am. Meet no may call love Llty Clark'a Office at 7864811 at
vNaDle I r�Wt b�lapetl a1IM Eny imp Support NOTICE TO 61D 33 Deerfield Beach, FL least two calendar days pew is the m0etlny. It you w
Nptnb�n�In A�1�n°4 �wwpoe Few needrq or .beach ImpNnd 1°eee contact IM Florida
ES 10 4 70 PJ1 tAOM Itlreuph Fihlsy "TENSION February',K 1iW Ryey Sarvlce p ee q the loll�wing numbers:14)00.955.
rse��fr�a iM prat,.ands Wafk Fed II=b*ZovldeA Notice Is holelr olvu e]70 M 1-e00-M55•B77
M � Opo�pu�Wt.OJad Fed ./LOORluul wpbs wl11 that the Clty Conx°fgbnd NOTICE 18 HEREBY CITY A MPAf1M DEEAACM FLORIDA
Coss I the City of embrOke Pnes GIVEN that the under. Fob in ry 4. I MBERB,TLIIY CLERK
Is �re��on� iMSkfd�tK dOil uo le eeeklM.eater bide for. slpr+W'OaelMq to an • a
OIMfOfY Offnncue n er °p° btsNO W. COMPUTER SYSTEMS- In butfnna uTWat Ina hall
dMyrq 10 the of 1 Clvk,el It e1
p6M tli�i cb nor en eta or rye renal to. $PeclOcet1On0 ii OD- tl0ua mama W GOURMET - CITY,fM DANIA ;
Ile atWvw e)1�rw{hater Iy'emt D ell tp g18O reined from the PUDIIO TOO nlMd(e1 m W%glM NOTICE OF P BL1C HEARING
O.r _Np aaDaea p/papo eICM( Ile Oelty ry I�IM(;fry Cork i W'in G Feclllthe papN• Ina nMa WIn tM Flad• A pllyblic A rlllpy . W DY 111a Cl(y OI DeMe i"
_ 011Wlori IM doelnp.our end set shown avow for ant locate.el 1]p)n gem de DUWr1 nt d BIe4,N. tnddvdeller nibs Nape 11 rJ'd P.k(„ W ae
IT Pre' 1M pol.1'meall Il the mill In tlanYed l>wyonU lne broke need Pembroke Wo..of CoT,ob.11cm, rel- OII Mell,In Ina Co ml°ienlm ppenda,el the Clty dDanl .-�
„ ]a AL Hour en4 +.set loan e[ove for Inn roo.,p+ol PropannI.. Plnoa.FL 3d0}7,(305)437- 'she-Ma,FL ens/or Clink of y C1mmMn 10°W Duce
lei 11 cations Popoas I Ihu.deloya°will not na reastlurr and WIII be 1111. the Clreutt Coal, Of Palm Beech Boulevard Dan 1p Flprlda 33004
lived until returned uMWW. Bids WIII be ecceyted un- Beach Counly, Florlds. THE CITY COMMISSION OF THE CITY OF DANIA,
Much 1e Each bid must be eccomaenled bye ales«umylT the Ill 2:00 P.M., Tuesday, Mary•Debrs Pawlowski FLORIDA HEREBY GIVE NOTICE THAT A OUASWUDI-
a.m. h to amount bi tine then 10 orn led
am lied Said Man 1,the f y CIAL HEARING ON AN ALLEGED VIOLATION OF SEC-
NaibslnlnPfwmolaCeNOCAehookwCashler'e Cheek Jareh 7,1995,In lM o11ka 111 West Pslmetlo Perk TION 380.00 FLORIDA STATUTES RELATING TO DE-
Ott, lousedthe•6ohent National or Stele Bank,Or 4 bI0 bond eepcul- of the City Clark, Adel Rd. •• VELOPMENYS OF REGIONAL IMPACT IS SCHEDULED .`-.
21h Avenue, ad b at the Bidder end a pdalified Surat selblpct0 entl trallon Build'o p, 16ioc Boca Raide. FL 33432 FOR HEARING ON FEBRUARY 2e 199$AT 7:30 P.M.IN
k. Florl de pamle to IM Clttyy of HolNwo°d F1 Co. ry Pines Boulevard,Pembroke February 24, INS THE CITY COMMISSION CYnM20SAT THE DANIACITY ]
rveluellon of: The Florida Publb E.mi tt W Pwin lookeded In these Pines. FL 33028. to be HALL 100 WEST DANIA BEACH BOULEVARD DANIA At
1'E�MMETOF A ER pan V10-
T1n1rw + Isblea�ap�et ih�neody001 lead opFee adds ional I/0irna- GIVEN signeddTtphe♦t tthe undCE IS er. THROUOil GH T E�C ERU B7IdUNTYRROWARDTCOUNTY. ACITING
i 1-03-2are on5 IRMAT ill nu ewava lilllloco�els,Mna10l+ m�InO�BM CItaOM COMMISSION AN?, THE
�1(^06ion %I9d6.8517,So u�'st ��n Oualnw;AHEM MaNF LLATION OF SECT N 33&EMENFLORIDA A FlA PLE OF {sealed an8plalnly,marked: RINE Interi to repalete
at IM Par- CA of Hollywood Is strongly W Jitetl IO ansN 'SEALED BID' ths aekl name wNh the Flod• THE
PRIOR TO SUBMITTING AND APPLICA- 1 r)ar
the ppssrilbgryryi ollOn o(Minorlry/Woman BWneu EEnn to heyala� TION FOR DEVELOPMENT APPROVAL FOR REV,
ve. Oakbntl (M/WBE'aRee coniraclore And subcallRclon Iw the pro• "COMPUTER SYSTEMS' do i7epenrtlenl of Stele,DI- AND ACTION BY THE CITY OF DANIA. THE SUBJ CT :1
da 33334. cultural of good.and.orvitts.B10o0e sa me.,.aed OP-95-01 vision of Corporations. Tel- MATTER OF THE HEARING CONCERNS THE EXTENSION - �T
105. to 13arflel le In the City M Hallywool't one, 1A E The Clty Commission of langages.FL and/or Cleo o1 OF RUNWAY 9R.27L AT THE FORT I.AUDERDALE•HOL.
Er learn by lnd.dinGas part CCRitey ed re .0e the the City of Pembroke Pblas lM CMalt Court of Brower LYWOOD INTERNATIONAL AIRPORT AND THE RELATED T Us must De M°ry9jBE Partklpatlon Fonn(F�fJI'O ql an0lh°Letter of r°wrroa the right to reled County. Florida. BROWARD COUNTY ACTIONS TO ACQUIRE LAND TO -
+ary marked Intelt Form(Exhiblt'B'11.Bidden N+e ally.Milli any and ell bitla. to wuNa Anthow Msullg THE EAST OFT E RUNWAY AND TO CHANGE THE USE k Hand Hotel CotlOod by the Sleie of Flodda and IOW Juda0lcllone.ucn anY end ah Inlwmetltba w . 4100 et. Powa lne Rd-, OF LAND TO THE WEST OF THE RUNWAY.
y System - es Br°wvd LountY,Ina Scnool BoedPl Omwed Counly Inopulantlee,end to eceepl Pompano Beech, FL IN THE EVENT THE CITY COMMISSION DETERMINES •i•^i,
RFP 0 HH$- and o1Mn Win el mbar certlfcal!on rrilML or road M or any pal of 3W73 THAT gROWARD COUNTY IS IN VIOLATION OF SECTION ,,M1
The City Commisseen.servlv[hot gat lolQeci any or any bin as they may°ism RDrwry 21, tail. 38006.FLORIDA STATUTES THE COMMISSION WILL
If M opened all Proposals,to we've Informalitbean lO erupt or toilet to be In Ins boa ntereet of THEN CONSIDER ENFORCLFAENT ACTION.
/. March 15. all or any pen of any Dld,as Ino0yy muydoom to be in n'° Imo It zbes of Ina CI of NOTICE IS HEREBY A COPY OF A PROPOSED RESOLUTION CONTAINING
I a.m. In the beet Inlerea of the City of 11MYWPII Florida. Ppmbmka Pines. b GIVEN Ihal iha under- FINDINGS OF FACT,CONCLUSIONS OF LAWS AND AN
los,Oakland Doled tMp 1]In doY o1 February, 1625. el ned doslrin ORDER IS ON FILE IN THE CITY CLERK'S OFFICE AND '
/a/ /�VID MCLAUGM LIN. IRE, CRY OF PEMOgO KE g p to enpe a MAY BE REVIEWED PRIOR TO THE HEARING.1, 3850 N.E. DE ION MANAGER - PINE$. fLOg10A In buGneas under IM IIcPP ALL PARTIES MAY PRESENT EVIDENCE AND INTER-)akbnd Park, pg /s/[noun M. Tesn, CMC Gous name of EDO JAPA-
ENUINEEHING SUPPORT S1'RVtCpS DIVIS^ION ESTED PERSONS M,YY APPEAp AND BE HEAgDA E
The publb `Ct7y OF HOLLYWOOD FLU .Dq. .y Cny Clerk NESE flE$TAURAN7 In MEETINGOIt THISOUABIJU,),,NN OE"EARDAl
en Me k1Nt- F Qs, 1995 February 21, 19p5 lends)to replete lM win COMMENTS AREA O INVITED AND MAY G BUS H TL
-- ® name wlln the Florida De• TED TO THE OFFICE OF THE CITY CLERK 1 WEST r dr Anton d the West Lauderdale Walorl bid wlT boo d .awn Panment of Stele. Division DANIA BEACH BOULEVARD, DANIA FLOAIDA 33004,onsistencles Octal District. +1%"or"'r by the mar r, )I715-FiClitious Name Notices Of Corporations Telbhes- PRIOR 70 THE ADVERTISED MEETIQG IF,8. 18J.3184I,at in the In" Bide shall be on a unit Tha fill et e.11mnle H ® see. FL and/or Clerk of the YOU ARE HEREBY ADVISED THAT I f ANY P.3184,IM grope.- price basis:sv tad bids "Sc0 G: p p - Circuit Court of Brawerd DESiq ES TO APPEAL ANY DECISION MADE WITH RE-
III 10 seek fired,. ifA TDe pnnG Ic NOT'CC 1S HEREBY Count Florida. SPECT TO ANY MATTER CONSIDERED AT THIS MEET
b will not ll a roc iv Saalod Ilnnc d can nru atom L GIVEN ❑ieI the and or- yy ING OF HEARING,SUCH PERSON WILL NEED TO EN:IM Clty. ems will bO rt•calved unitl cLidn bU oro na111miIW to'signad, dasvin to I•n e e Sus111 Eepreae, Inc. SURE THAT A VERBATIM RF OF THE
le Incumbent 3 4 P 452 SW 158 Tarr. CORD 10-W A.M. E,uMu n time an 1"Lrw.n'n of ell motor, In babies un r the IC I- Unit 102 PROCEEDINGS IS MADE WHICH RECORD INCLUDES
van to con- March 7,1995,at the office I.s I_,_'•:hem nscesaery io beat name of J.Z.'S PRES- THE TESTIMONYANDEVIb°NCEUPON WHICH THEM-
vl Maisel � Pembroke Pines, FL 88
juke to of of GEE 1 JCN$ON, Engl- p-:�'r,.ry Ill of the wark SURE CLEANING Inimd(8) 33027 PEAL I TO BE BASED(F.6.298-0105 -
nean-Archll°cto-Pbnnare. Ill, rn 1.1 rle draeinga end ,o ablator the Sam no ma February 17, 24. 1906 )
Ina.; 33(q UNvaralty DdvO,I"'"'""t 'd .!ta':Padova- with Ina FI°tlde DOPerlment February 24. 109!
Oakland Perk Suite 711 Coral!pflaps,FL�1'cm M bids of Stile,Dlvl¢Ion of Corps NOTICE J9 HEREBY IyM to we've 33065, 3b6)752-4960.Elds mu:• FI I:,a o On IM op- mnons,Tellahaeaae.FL en- GIVEN that the under-
�, e)cnmy erM reoeva�offer this time win P!,I fib°i PoopMai Forme enter Clark of the Ciralt signed deelrinp 10 amps e '
De returned unoponod Olds plc -r;y ox.Culed and Court OI Orowed County, In buslnem under IM ticPl• i
CMC/ME submllted will be opened 1 1:1 r 5-314d sa ri Flonde 110ue name of FIRST BOCA
WVOlbly and rood aloud at t t3 I.enpfy the b d Mork a Jonnlfe, Zlds FINANCIAL Inlend(s)to rep-
o A 1990 tnla time. J L..a c"o!i N delivered 27W NW 87 Lams Iv1er the sale name with the I '
Bidden mayy obtain coin to Ct Cg9Oe a Creel l Su^rl.e. FL 33322 Florl de De Derl meat of LEGALS
'ISEMENT Plate sale of❑Iddin Doca. Cvnrn�FRyy College. Put- February 24, Bill Sinlo, Dlvlea of Cor re- -
an-
BIDE ments Irom the 0Pllce of chullep Dapadmonl, Glh - Nona, Telteheoeee, FL ra.
BIDS ELD GEE.JENSON,Englnear,Flor,,125 Lett Lee Olosl NOTICE IS HEREBY d/or Cork Sent In It It 1DEER 1-
LDA Arthltede-Planners, Inc.,Were.. I. Lauderdale, FL GIVEN that In, under- Coun of Psim Beach Coun- 1 "
JD SEWER 3300 UniversnY Drive,Sueo y�d01.: I?'g�re0. ��s�r�n� to °npnPc ly, Fln I a. - r
4TS 71LCOI.ISPrl r. s,F133065 -Tb brona lon Iw Bud- husamho under the IIc 1- Stuart Penman
upon DaymentoP i15.00per*POPOep! ,twra nl, foes name of QUALITY 921] Boca Gerdona CIr•
NTH TERRACE sal check.pa able lSe EE Imo ktl N end PRODUCTS Intend(.) lO cle South
10. 10860-P a JENS ON, En Inoue-N 'her SCl DOamenl. fep'sbr the said name with I
gals will be g 0-5 Raton, FL 33496
P° chlteaa-Plennnn,Inc. PeY•mmFPyy J4 sad ob- the Florid. Bepadmenl of February CONTINUED
1a bmantEngin e200 frle0t amount is nm,refund•IYneII dl ino Turchaein Stott', Division °f Corpora- ry R4. 1 LL\\��JJ..L+S yrjy ON -
1°lated, 200 able.Partial sale of Blddi D tbslsnt Of Drowafr9 None, Tnllahossoe, FL an-
Ierlda beer- NOTICE IS HEREBY
Documents will not O CgAepa a old C/°r Clerk o the County
GIVEN that the under-
9orma 33442.11under-
available. .R IMM, Court of Brawerd County, el
14 on Theo- Blddlny 'T 0.is Me ] Florida. fined.business
On
to on
a�
11, 1995 at In buelness under Ina 41d1•
De eeeminet et Ina offices 1 alUro North
munl: Dane S. Kapno Ileas name of NATIONAL
,y will De pub- of GEE a JENSON, ErpH b'_Co1Ma twin C. ue. 2139 Ualvormly Dr, LENDEfi A BANK ADVI-
tl rend aloud nee at the ay. e anneU BIW M H 219 Coca-
SO'n Shia
SORS Inter(.) to repInter PAGE y4
.nee Room. CaWlaa faaell Blvd.Coco- Cmn' tipnnVgs. FL 33071 the.,to name with the Flon-
p0eneral con- Inc et the above referenced GfJlt R 33066. February24, 1995
yr mat a of address.Bidsecurity In Ini eilynr reteM the ------ - de Oepadmenl of Stele.DI•
or mein end y Yaelra NOTICE IS HEREBY vision of Corporations.Teo
a .lain,cam- of the Total
percent must
(al arty.twine- GIVEN that the under. InheseoOI FL end/pr Clerk of
yy company the Bid n °Cur' � "aL Oa tcopt� In business un�or Ina IIcPI- County, Florida.
'VC/DIP water ass. ogine0. daslrin to en e e tit°Clreult Court of Brawerd
Intent. eervlce dance with file no ad IM on the
bprevity gpibe, to Bmdors. Surely 9aLIr1Mh. No lieu$ name of KG ENTER- Hawthorne/House Adve-
Aphell slroN ere repulre0 n BccordalC9 •. Cable bid PRISES Inl°nd(e)to register lleing� Inc.
robot.,swat. with l e Instructions l0 'F . A sher the said name with The Flod- 6P]B N. Federal Hwy. PUBLIC
/1 /�related work. bidders. M of do Department of Smin.Dr. Salto 347 P�p�!{r NOTl�E
.1 documnnls Mop" v-111
nod el the OI• The performance sad i(p.0'ARions r49ryng bid'Inllnssno,iL end/nroClark oil Febmavu 3�d1py5FL 33306
p:l,-In1 bonds In me full ry On Februory l7 1995.Combined BrnhdmsfinG In! Fp^den
. .,_.. ._
t )
DA1`4iA
a ,
100 W. DANIA BEACH BLVD.
P.O. BOX 1708
Phone: (305) 921-8700
CC � DANIA, FL 33004 Fax: (305.1 1-2.GOa
FAXED TO#425-1006
February 9, 1995
Legal Department
Ft. Lauderdale News/Sun-Sentinel
333 SW 12 Avenue
Deerfield, FI 33441
Attention: Carolyn
l:(V�
Dear Carolyn: `',
We would like the attached "Notice of Public Hearing"to run in the
legal ad section on Fridays, February 17 and 24, 1995.
If there is any problem with the ad or the dates as requested, please
contact me immediately at extension #212.
Thank you for your assistance in this matter.
5 i
Sincerely,
4kJalam
cchla
/cs City Clerk's Department
Attachment 4
cc: Mr. Ray Daly "'
u-
S§
CITY OF DANIA
NOTICE OF PUBLIC HEARING
A public hearing will be held by the City of Dania on Tuesday, February 28, 1995, at 7:30
ry,•,; P.M., or as soon thereafter as it appears on the agenda, at the City of Dania City Hall, in the
Commission Chambers, 100 West Dania Beach Boulevard, Dania, Florida 33004
a,;s
THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, HEREBY GIVE NOTICE
8
THAT A QUASI-JUDICIAL HEARING ON AN ALLEGED VIOLATION OF SECTION 3 0.06,
FLORIDA STATUTES, RELATING TO DEVELOPMENTS OF REGIONAL IMPACT, IS SCHEDULED
FOR HEARING ON FEBRUARY 28, 1995, AT 7:30 P.M. IN THE CITY COMMISSION CHAMBERS
AT THE DANIA CITY HALL, 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA, 33004.
THE PURPOSE OF THE HEARING IS TO DETERMINE WHETHER BROWARD COUNTY, ACTING
THROUGH ITS COUNTY COMMISSION AND THE BROWARD COUNTY AVIATION
DEPARTMENT, IS IN VIOLATION OF SECTION 380.06, FLORIDA STATUES, BY UNDERTAKING
TO IMPLEMENT A MODIFIED PLAN OF DEVELOPMENT PRIOR TO SUBMITTING AN
APPLICATION FOR DEVELOPMENT APPROVAL FOR REVIEW AND ACTION BY THE CITY OF
DANIA. THE SUBJECT MATTER OF THE HEARING CONCERNS THE EXTENSION OF RUNWAY f
9R-2-L AT THE FORT LAUD ERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE t
RELATED BROWARD COUNTY ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNWAY J
AND TO CHANGE THE USE OF LAND TO THE WEST OF rw THE RUNWAY. :4
.r
r, IN THE EVENT THE CITY COMMISSION DETERMINES THAT BROWARD COUNTY IS IN
VIOLATION OF SECTION 380.06, FLORIDA STATUTES, THE COMMISSION WILL THEN ;'
CONSIDER ENFORCEMENT ACTION.
LUTION
CONCL SIONSYOFOLAW AND AN ORDER EISOON FILE IN TTHETAINING CITY CLERKS OFFICE AANDFINDINGS OFFMAY
BE REVIEWED PRIOR TO THE HEARING.
ALL PARTIES MAY PRESENT EVIDENCE AND INTERESTED PERSONS MAY APPEAR AND r�
BE HEARD AT THE MEETING ON THIS QUASI-JUDICIAL HEARING. WRITTEN COMMENTS ARE
ALSO INVITED AND MAY BE SUBMITTED TO THE OFFICE OF THE CITY CLERK, 100 WEST
DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, PRIOR TO THE ADVERTISED MEETING
(F.S. 163.3 7 84).
YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION
MADE WITH RESPECT-TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, SUCH
PERSON WILL NEED TO ENSURE THAT A VERBATUM RECORD OF THE PROCEEDING IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED (F.S.286-0105)
r
4 ,xri
w +„
r�>a
welf
John J. Copelan,Jr.
County Attorney OFFICE OF THE COUNTY ATTORNEY
__ BROIrIACn rnuary 115 S.A,nd,cv A�--.-luw - .. 423
(305)357-7600 • Telecopler(305)357-7641 • Suncom 442-7600 Fort Lauderdale, FL 33301
February 28, 1995
Mayor Bob Mikes
City Commissioners
City of Dania, Florida
100 W. Dania Beach Boulevard
Dania, Florida 33004
Dear Mayor Mikes:
Broward County is in receipt of a Notice of Public Hearing
scheduled for February 28, 1995, at 7:30 P.M. The notice indicates
that the City intends to conduct a quasi-judicial proceeding to
determine whether Broward County is in violation of the Development
of Regional Impact (aDRIll) statute. I would request that this r
letter and a copy of Judge Moriarty's order on Writ of Prohibition
be entered and read into the public record of the hearing,
the comments herein be as
and that
judicial body. Published to the City Commission as a quasi-
Objection to Jurisdiction
1
It is the position of Broward County that the City of Dania lacks
} jurisdiction to conduct the planned quasi-judicial proceeding.
Broward County hereby objects to the conduct of the hearing and the
entry of any order directed to Broward County. Because we contend
that the hearing is illegal, we do not intend to participate in
your proceeding, except to file this objection to jurisdiction.
Further, Judge Estella Moriarty today issued an order granting a
Writ of Prohibition. The order prohibits the City from entering
any order purporting to prohibit Broward County from acquiring or �+
condemning land within the City of Dania for Airport purposes.
violation of Due Process
w
Broward County also objects to the conduct of the quasi-judicial
hearing because it violates Broward County's procedural due process
rights. Even if the City had jurisdiction to conduct this
Proceeding as a quasi-judicial tribunal, it would be obligated to
act in a fair and impartial manner. The City Commissioners,
statements and actions regarding the Airport indicate that the
Commissioners are biased against Broward County. The City may not,
therefore, sit as a quasi-judicial tribunal on this issue.
BROWARD COUNTV BOARD OF COUNTY COMMISSIONERS-An Equal Opportunity Employer and Provider or ServlceF
=ott I Cowan Suzanno N.Gunzburgor John P.Hon lorl Nance Parrish 5 Ivla Polder Y John E.Rodsuom.Jc Gerald F.Thompson
We'ro Bulltllnp A Futuro Far Your Fem/ly.And Your Bus/news.
(ti
City Commissioners
_ City of Dania .
February 28, 1995 ~�
Page 2
Further, the notice of the quasi-judicial hearing was received on
February e d 1995, which is fifteen (15) days prior to the hearing.
The notice did not provide sufficient time in which Broward County
could have prepared a response to the allegations in the proposed
Resolution.
Development of 48cliOnal In pact Enforcement
The City Commission of the City of Dania does not have jurisdiction
to conduct a quasi-judicial
DRI statute. The DRI statute eeding to find a violation remedies the !
violation. Section 380. 11, FloridaoStatutes vides e(1993) .cific TheCity�s
sole judicial remedy for an alleged violation of the DRI statute is
to bring an action for injunctive relief in the Circuit Court.
Section 380. 06(17) , Florida Statutes, states that the "local
government issuing the development order is primarily responsible
for monitoring the development and enforcing the provisions of the
development order. The subsection goes on
, however,
the type of "enforcement" contemplated: the withholdingtOfd ermits yz y
and withholding of extensions of municipal services. Clearlythese
statutory provisions when considered together make it clear that
the Legislature did not authorize the type of proceeding described
by your Notice of Public Hearing and proposed Resolution.
Compliance with Development of Re Tonal Im act Statute
Further, Broward County is not in violation of the DRI statute.
Broward County's actions to date regarding the expansion of the
Airport are: the preparation of planning documents and the
authorization to acquire land. Neither of these activities are
., "development" requiring DRI Statutes. See review. Section 380.04, Florida ..
DRI review is not required until a developer seeks to develop;
Broward County clearly is not yet seeking to develop land it does
not yet own. This analysis holds true when considering whether a
substantial deviation to a DRI is required; additional DRI review
may be required for "development, " not mere planning and
acquisition of land.
Based upon the foregoing, Broward County hereby requests that the
City of Dania refrain from entering any order
Purporting
Broward County in violation of the DRI statute, or any other lawfind
ordinance. However, if you elect to take such unlawful action,
t
I
S
yr
Nam
gwlq
City Commissioners
City of Dania, Florid» c
February 28, 1995
Page 3
please provide a copy of such order or resolution to the
undersigned immediately upon its rendition.
//Very truly yours,
John J. Copelan, Jr.
County Attorney
JJC/THL/wp ' 1f
cc: Edward Curtis, Esq.
Frank Adler, City Attorney
^Y
t
F �j
- T
` —gumj-"d =-"e'public hearing nth will be held
by
! City of Dania on TscQday� February 28, 1995, at 7�30 P.M.,
as a or
Dania City
eon thereafter as it appears on the agenda, at the City of
Hall, in the Caaaission Chambers, 100 West Beach
ulevard, Dania, Florida 33004
CITY OF DANIA
NOTICE OF PUBLIC BEARING
10 c rd
D , 4
Ph - Ur., Faxz21 3504
THE MAYOR AND CITY C
HEREBY GIVE NOTICE ''MAT COMMISSION D THE CITY OF DANIA,A• FLORIDA,
VIOLATION OF SECTION 380 066,,SIFLORIDA STATUTES ON AN AG To
DEVELOPMENTS OF REGIONAL IMPACT, IS S STATUTES, RELATING Tp
FEBRUARY 28, 1995, AT 7530 P.K. IN THE CITY COMUDULED FOR NEARING ON
THE DANIA CITY )jars., 100 WEBT HBAC$ AT
33004. THE PURPOSE OF THE HEARING IS BOULEVARD, FLORIDA,
COUNTY, ACTING TRROOGD ITS COUNTY DETERMINE HARD
AVIATION DEPARTMENTCOMMISSION AND THE BRONARD COUNTY
LAW OF
DEVELOPMENT
S, HY UNDERTAKING TO VIOLATIONi OF SUCTION 380.06,ODIFIED p�IDA .
APPROVALFOR PRIOR TO SUBMITTING AN APPLICATION FOR DEVELOPMENT
NATTER OF THE VIEW AND NS ON By THE CITY OF DANIA. THE SUBJECT
MA FORT THEjtHEARI EXTENSION OF RUNWAY 9R-27L AT
HOLLYNOOD INTERNATIONAL AIRPORT AND THE RELATED '
ROWARD COUNTY ACTIONS TO ACQUIRE LAND TO THE EAST OF THE RUNiJAY
AND TO CHANCE THE USE OF LAND TO THE WEST OF THE RUNWAY.
IN THE EVENT THE CITY COMMISSION DETERNINNS THAT BROWARO
COUNTY IS IN VIOLATION OF
COMMISSION SECTION 380.06I FLORIDA STATUTES ;}
WILL THEN CONSIDER ®iFORCENENT ACTION. ` THE
A COPY OF A PROPOSED RESOLUTION CONTAINING FINDINGS OF FACT
CONCLUSIONS OF LAN AND AN ORDER IS ON FILE `
OFFICE AND MAY Ilt THE CITY CL$AK•gm,w� r
BE REVIEWED PRIOR TO THE HEARING,
Y;J
ALL PARTIES NAY PRESENT EVIDENCE AND INTXREST$D PERSONS MAY
APPEAR AND 8E HEAR[) AT THE MISHTING ON THIS QUASI-JUDICIAL HE1►RING. ;, t
jPRITTEN COQD03NTS ARE ALSO INVITED AND NAY BB SUBMITTED TO THE >
OFFICE OF THE CIT7 CLSRR, I00 NRST BEACH SOULEV
33004, PRIOR TO THE ADVEHTIS$D MBETIli(i (P.B. 163 D310D4 v�r F�R�
YOU ON HEREBY ADVISED
ANY DECISION MADE WITH RESPS^T".'O ANY NATMER DESIRES TO APPEAL
7DS6TZN(' F THE
IPGROCEE PBRSON WILL NBSD TO SNSUREB DERED VERBATTHIS
IM
RECORD OF
ING IS MADg
WHICH RECORD INCLUDES THE
FEB-09-1995 12:07
P.05
c•��a, _
F ;Y
_ _ r
tit1T 6Y:[3 it.J.,f G. '- li .Oi.;l Q11f1Y iIL:VL--W 1'41'i:i:'1 bu-. - li
BAr7BYHl1Nl.i�JC11f8.4
a P�tuianar aawciatiun
AOoragys at Zm
Ras!A.ArenciNa Cotavds+e Caabn-State 300 Of Cmmmd
Grq B.Boilp;Jr. 602 Briehrll Xqq Driue Laraenea S x6ea ff
EJlenberh 3 BaAe Ara ,F9orida 33Z31.203 Jenaw if.Reach
irnoy J.Bible Tel (30N 374,WW J.Br Indng
Swu Ly� Fax PON 3746716 Robert X Slow
smica Comae&V a Saxior CSounad
Jame G CnnrFngham,Jr. Wm.AV.Dau
Richard N.Davis (,ew,Se J Btya
$s. G. CaUop i •Admilbed is X.Y,on&
.dth Oreeroe .•.i_
Rleha„d X Ht N4 Jr.
Bane Hruwitx •;
✓cxe C.Jwvs
PACSZW7g TTLfd{MZWTAL fiZMM
i
7AC 7 Peron u,(o bom�r k a u�r� ul and is inhaded=&)br dw we of
in error p&aee
NJoaoq(by aaUed call.Jew*mdoperson) PW 374d666 rmmediala(y . mC/y Ida
Marie J. dabelee City Clerk
CONPANP.• City of Dania
FAXNUI@ER 305/921-2604
TELKPHONE N17mER
FHOU. Ear1 G. Gallop, Ecq. DAB
Numaga OF PAGES INCLUDING COVER SREL7% •Jt PII.SXGL 9356-00
RE Notice of enforcement hearing
TSum midsd fnsn aaarox 21dw pder 2W .r-.
FAX Na I-30637.R67dd
HARD COPY, Kent() Not Sent 0 Regulor bfoil() Courier()
Fed Rs() JtePl7ltapavrkd()
n
a*"nenn Please distribute a copy of this fax to Robert Mik s
Robert Flatley and Frank C. Adler. Thank you. -
Nave: 76 reduce the uae a jean-rv+ewab(e Papa rr�ovrou and to«drat daPSoaHm in aw)C e''a fact,
wi8inalals fIlff x and Imaferiala nor by�e/animile am nW rent by maid anlese tpeeiJEor req
m(rynand
FEB-09-1995 12:04
P.01
earl it
. . F
.I ;Fd ,I
- 11604.m 21 6
5[1T 6Y:R 11 L (;. .- Ia`
BAILEY I-1VNT & JON ES
A r+nc"_.^a Llo nl,L ASIOCIgTION
ATTORNEYS AT LAW
MAUL l ARCNCINIA COU nvpiplCC C]NTRc pVnC JOO oc COUMGCI.
_ GUY O pAILF.Y,.IN. _a
e Ll[AeCEN S. RAnc. =Ot�+� -��Li nAr uwwc LAWRENCE e.MANS
"My J.01PLE MIAMI. FLOPIOA J,pl-2E2J J.RRUCE 1p.,N
SCOTT L.CAGAN YCL (JOJ)T4-5905 ROGERT E.SCMUR
TIMOYNY CONE
STEVEN CARLYLE CROMIG FAM(305)37♦-11I1 DCNIeM COUNStL
4AME3 C.CVMNiryp MAN.JR. WM, R. DAWCS
RICMARD M.DAVIS GEORGE J.SAYA
EARL G.GALLOP IlrLcrny
JUOITM S.GREENE
JQROMG M,MESCM
RICMARO M.MUNT,JR.
■"LICE MURWR2
JESSE C.JONES
- February 9, 1995
Ms- Marie J. Jabalee
City Clerk, City Of Dania
100 Heat Beach Boulevard
Dania, FL 33004
Ro: Advertised notice of enforcement hearing
BIOWard County Aviation Department
Dear Ms. Jabaleen
2lease advertise and schedole a hoaxing on Tuesday, February
28, 1995 before the City of
subjects Dania City Commission on the following
sub
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF DAMIA, FLORIDA, ACTING UNDER AUTHORITY OF SECTION 1
380.11, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE
RULE 9J-2.027, DETERMINING THA1' PROPOSED CHANGES• TO THE - -'
FORT LAUDEADALE-BOLLYHOOD INTERNATIONAL AIRPORT
DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSTITUTE A
SUBSTANTIAL DEVIATION UNDER SECTION 380.06(19), FLORIDA
STATUTES REQUIRING DRI REVIEW AND ACTION BY THE CITY OF
M
IA, THAT BROWARD COUNTY IS IMPLEMENTING A MODIFIED
PLAN OF DEVELOPMENT IN VIOLATION OF SECTION 380.06,
FLORIDA STATUTES, AND ORDERING BRONARD COUNTY TO SUBMITAN APPLICATION 80A DEVELOPMENT APPROVAL WITHIN 60 DAYS, pry
TO SUSPEND AUTHORITY TO ACQUIRE LAND TO THE EAST OF
RUNWAY SR-27L, AND TO CEASE AND DESIST IN EACH AND EVERY ...'.t
ACTION TO IMPLEMENT THE MODIFIED PLAN UNTIL A FINAL ORDER
RELATING TO THE MODIFIED PLAN IS RENDERED BY THE CITY OF
DANIA; CONTAINING FINDINGS OF FACT AND CONCLUSIONS OF
LAN; PROVIDING FOR ENFORCEMENT OF THE ORDER; AND,
PROVIDING AN EFFECTIVE DATE.
FEB-09-1995 12:05 P 02
tiI
r�
i
L
0 90 .I1 .0511 dtifLL-Y IiCVI'-
No- Marie J. Jabalee
February 9, 1995
page 3
Please confirm with Mr. Robert Platley the Placement of the
item on the agenda. Depending on the level of participation of
^' tBrO kd County, the hearing Jr. reasonably ezpected to
f�� r¢ talcs from 2
A court reporter should be scheduled for tale hearing'
requesting Mr. Platley to handle that natter. g- I an
A copy of a
the notice of hearing in the Sun_Sentinel two t the notice of hearing is enclosed. Sindly advertise ime and at least
10 days before the scheduled date of the hearing,s,is accordance
with the city's publication requirements.
I
by ceArtifiedally, kindlyei immediately serve the notice of hearing,
identified nail Pt requested, on the
Identified �. attached service list. The parties
nail. QQ" nay receive the notice by regull r,� us who are
ss
Please do not hesitate to call me if Yon have any questions
regarding the not matter of this letter.
Very truly yours,
BGG:egg ..Earl G. Gallop
Attachments
cc. Robert Mikes, Mayor
Robert P. Platley, City Manager
PrankC. Adler,rtis, City Attorney
Edward Special Counsel
T)f.cick.lis
BAILEY HUNT & ,JONES
A PROE3910NAL Ag_^CCJ "ON
AT�O..NCvB AT I W "
FE6--E9-1?QS 12:05
P.03
psi
n
�� JJ .II .lII�1q n{IS,1
SEXVIC s LIST .
PUBLIC ►EARING OH 5380.11, FLA. STAT, BHPORE)UMT ACTION
Hroward
Hon. Suzanne H. Gunzburger, Chairperson
11 County Board of County Commissioners
15 S S.. Andrews Avanne
rt. Lauderdale, FL 33302
act John J. Copelan, Jr., County Attorney(address same as above)
B. Jack Osterholt, County Administrator
(address: same as above)
Tracy II.(address:LasauteGnachlager, Assistant County Attorney
Attorney
me as )
8S4s�rd County n pion De-�eat ,'Y
George SPofford, Director
1400 Lee Wagoner Blvd.
rt. Lauderdale, FL 33315
3DS�srtment t
of COMM Unit Aff
Bureau of State Planning '•i.', •=r
2740 Centerview Drive 2 ?
Tallahassee, Florida 32399
Cc: Linda Shell
Y. Secretary
(address: same as above)
Sor h Florida Regional P1a» -
'r
3440 Hollywood Boulevard
Suite 140
Hollywood, FL 33021
attne Carolyn A, Dekls, Executive Director
CCs Samuel Goren, Esq.
Josias L Goren
3099 2_ Cc=zercial Blvd.
�. Lauderdale, FL 33308
FEB-6?'1995
P.O4
nr _
F
Gentleman/Mesdames:
_ Ple Of Dania on ase be advised of the Public hearing which will be held
as soon thereafter se itdap' Fabruery 28, 1995, at 7030 P.M. , or
Dania Citp Hall, in the PPears on the agenda, at the City of
Boulevard, Dania Cormisaion Chambers, 100 West Hefl�
Florida 33004
CITY or Dania
NOTICE OF PUBLIC HEARING
CcEwission Chambers
100 West Beach Boulevard
Phone: Dania' Florida 33004
(305) 921-8700; Pax2 (305) 921-2504 a
T$E MAYOR AND CITY COMISSION OF
THE CITY OF DANIA
HEREBY GIVE NOTICE THAT A OWISI-,IDDICIAL REARING ON
1jg�ORIDA,VIOLAT.iON OF SECTIOA 380.06LLEGED
DEVELOPtEENTS OF REGIONAL IMPACT S FLORIDAS STATUTES, RHGATIAG TO
PHHRIIARY 28CI 995, .T 7;30 WEST BEACH CITY DMBI FOR [xw ARING ON
THE DANIA , 100
3MBERS
3004. TEE PURPOSE OF EACH BOULEVARD
THE HEARING IS TO DETERMINE RFLORIDA,DANIA AT
COUNTY, ACTING THROUGH ITS COUNTY COMSISSION AND TER BrMMRD COMITY
MATDIOAr DEPARTMENT,UNDE IS IN VIOLATION OF SECTION 380.06, PLORIDA
�TDTES UNDERTAKING T
LOPMEAT PRIOR TO SIIBMITTING AH A MODIFIED PLA1P OF
APPROVAL FOR REVIEW AAp ACTIOA DY THE CZ�TYICAI'ION FOA DBVELOp�T
AA7.TEA OF 1ifE HEARING CONCERNS THB T7i6 FORT LAIIDERDALE-HOLLYWOOD i 88i'HASION OP RDtiWliy9R�2S Y AT i
BAOIiARD COUNTY ACTIONS TO ACQDIABR IOAAL AIRPOR? AND THg RSLAT$0
AND TO CHANGE THH IISE OP LAND ill TH8 WEST OF�H� OP THE RUN;,pY
UNARY. ,
IN TRH EVENT TBH CITY COtDIISSIOA D8T81UlINBS B�� r
OHl1ISSION IN VIOLATION OF 88CTION 380.06, FLORIDA
WILL THEN CONSIDER HNPORCXMSAT ACTION. STATOTHS j THE
A COPY OF A PROPOSED RBSOLUTIOA CONTAINING FINDINGS OF FACT
OFFICE INDS OF LAW AND AN ORDER ZS ON FILE IN THE CITY CLHRKISg
OFFICE AND MAY H8 � -
REVIEnD PRIOR TO THE MARMG.
+
ALL PARTIES HAY PRESENT"PEAR
AM BE HEARD AT THE MH'RVID O M AN INTERESTED PERSOIIS
ONPFZTCE OP ^-'88TYCCmmmTS ARE ALSD IAVITED AND RAYI-JIIDICIAL REARING,
33004, PRIOR TOT CAM' I00 WEST HHACg gO�� SUBMITTIM TO THE
ADVERTISE D METING (P-S. 163.318�.� FLORIDA :.
ANY DyZWCj6ION HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL /MEETING OR DSADS WITH A IKSDCH ECT TO ANY MATTER CONSIDERED AT THIS
RECORD OP TH8 P
HEARING,WITH
R ISN WILL NEED TO ENSURE THAT A VMMATIM
MADE. WHICH RECORD INCLUDES THE
FEE-09-laq�,
P.es
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tt41L1:Y HL VI'
TESTIMONY
05 r. o EVIDENCE UPON
286-01 WHICH TH8 APPEAL IS TO BE BMKO (F.S.
IL you have any questions or wish any edditioaal ;^cortaatioa,
please contact the CitylSanager, Robert Flatley, or the City Cierk,
Marie J. Jabalee at (305) 921-8700.
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FED-09-1995 12:07
P.06
BAILEY HUNT r
J�
A PROFESSIONAL AIS OES
ATTORNEYS AT LA•.�
H4111
GUY B^BAILEY. JR. COURV OISIER CENTRE • SUITE 300 ELIZABETH S. BAKER S01 BRICKELL KEY DRIVE OF COUNSEL
KATHY J. BIBLE MIAMI LAWRENCE
SCOTT L. CAGAN , FLORIDA 33131-2 6 2 3 S. EVANS
J. BE
TIMOTHY CONE
TEL. (305)374-5505 ROBERTRT E.. SCHUCHUR
STEVEN CARLYLE CRONIG FA%
DAMES C. CUNNINGH (JOS)374�6715 O
R ICHARD AM,JR' SENIOR(;OUNSEL
M. DAVIS EARL G WM. R. DAWES
. GALLOP
JUDITH B. GREENE GEORGE J. BAYA
JEROME M.HESCH (INACTIVE)
RICHARD H.HUNT,JR.
BRUCE HURWITZ
JESSE C. JONES
J
February 16, 1995
MS* Marie J. Jabalee j
City Clerk, City Of Dania
100 West Beach Boulevard Y
Dania, FL 33004
Re: Proposed Resolution for Enforcement Hearing
Broward County Aviation Department
I F
Dear Ms. Jabalee: '
his Jett 2
quasiThearinq oen the encloses
the
proposed
r p on b resolution concerning
380.0- Florida Statutes. Y Br°ward Count the
resolution to the Kindly transmit copies Ofhathis
exception Persons identified on the service listP Of Ms. Lautenschlager, who received with the
Curtis. Also, please advise me of the resolution n
one is assigned, a copy from Mr.
umber as soon as •'��
w
Very tr yours,
N
EGG:sgs Gal
G. lop
Enclosure
cc: Robert Mikes, Mayor
Robert F. Flatley,
Frank C. City Manager
Adler, City Attorney
Edward Curtis, special Counsel
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