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HomeMy WebLinkAbout36683 - AGENDAS - City Commission i MINUTES DANIA CITY COMMISSION REGULAR MEETING NOVEMBER 12, 1996 CALL TO ORDER BY MAYOR BERTINO AT 7.30 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE * Reverend David Blood, Dania United Methodist Church ROLL CALL Present: *... fMayor: John Bertino � ' "• Vice Mayor: Bobbie Grace Commissioners: Bill Hyde j i Albert Jones Bob Mikes i City Manager: Mike Smith City Attorney: Frank Adler # City Clerk: Marie Jabalee I PRESENTATIONS { *BSO-Deputy of Month Deputy Casimiro Navaro and Deputy Ralph Perez were commended for their professional performance that resulted in the arrest of a narcotic suspect on Oct 1 8. The suspect was found with a stolen vehicle, cocaine and $32,000 in cash. The deputies were awarded the "Deputy of the Month" award for October 1996. Presentation of Red Ribbon Award (Mayor Bertino) The Dania City Commission presented the 1st, 2nd and 3rd place winners of the Red Ribbon Poster Contest to students from Collins Elementary, Dania Elementary, and Olsen Middle Schools. Chief Frey presented Plagues of Appreciation to each school. Items pulled from the Consent Agenda - Commissioner Mikes pulled item 1.5 and Commissioner Jones pulled items 1.4 and 1.6. CONSENTAGENDA Minutes: ® 1.1 Regular Meeting of October 8, 1996. 1.2 Workshop Meeting of September 11, 1996. REGULAR MEETING 1 NOVEMBER 1Z 1996 ( ;r n � r, 04 A motion was made by Commissioner Mikes, seconded by Commissioner Hyde to adopt the Resolution. " The motion passed on the following roll call vote: yl Commissioner Hyde- yes Commissionor Jones - yes Commissioner Mikes -yes Vice Mayor Grace- yes Mayor Bertino - yes r 7 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE TRI-COUNTY COMMUTER RAIL AUTHORITY AND THE CITY OF DANIA FOR THE LEASE OF PROPERTY FOR PROPOSED TRI-RAIL STATION RELOCATION SITE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE xr EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 2J, Commissioner Jones was concerned that a portion of Tigertail Lake is going to wv 4 be filled-in to provide access to the parking area for the proposed Bass Pro facility. City Manager Smith explained that part of the lake must be filled-in to aget from Anglers Avenue over to the proposed Bass Pro site. The existing z railroad crossing must also be expanded. Mr. Smith expected there to be �k mitigation to ensure a replacement on any displaced wetlands on the site. a Commissioner Jones suggested to check with Tri-Rail to determine if language could be included in the lease to ensure that Dania is mentioned in the title of the ors # Tri-Rail Station. City Manager Smith explained that there are two agreements r being addressed; one is the Interlocal Agreement between the City of Dania and a Tri-Rail for the property and the other agreement is forthcoming on the Tri-Rail Station. Mr. Smith advised that the draft station agreement appears to include ' Dania in the title of the station. A motion was made by Commissioner Jones, seconded by Vice Mayor Grace to adopt the Resolution. Commissioner Mikes was concerned with the City's obligation and cost to t provide the fill to construct the access road to the airport station and two parking lots. The city manager advised that the City agreed to provide the fill from the t onset of the project and he was not aware that a quantified amount was negotiated. The motion passed on the following roll call vote: j Commissioner Hyde- yes Commissioner Jones - yes ; Commissioner Mikes -yes Vice Mayor Grace- yes Mayor Bertino - yes 2. PROCLAMATIONS-none REGULAR MEETING 3 NOVEMBER 12, 1996 r r ". 1, F r a' 'r,k i• R yli 4 n q hfrr _ 3l rAy � Ivy aJ'�. i i 4Sy 44 ryl n'' Nii _ c r Y Ar A 0' l 1. F � 3. BIDS-none r 4. PUBLIC HEARINGS , i 4.1 "AN ORDINANCE OF THE COMMISSION OF THE CITY OF DANIA, x FLORIDA, TO DECLARE A 90 DAY MORATORIUM UPON ALL LANDS ti WITHIN THE CITY, INCLUDING BUT NOT LIMITED TO ANY AND ALL RIGHTS-OF WAY AND EASEMENTS, AS WELL AS ANY RIGHTS i GRANTED ANY FRANCHISE, AS TO THE PLACEMENT AND THE INSTALLATION OF ALL LINES, CABLES, FIBERS AND OPEN VIDEO SYSTEMS OF ANY NATURE OTHER THAN STANDARD FLORIDA f Y: +. POWER AND LIGHT ELECTRIC LINES, SOUTHERN BELL � TELEPHONES LINES AND JONES INTERCABLE, INC., CABLE ttiY, !- =° TELEVISION LINES, INCLUDING THE ISSUANCE OF PERMITS FOR THE PLACEMENT, INSTALLATION, CONSTRUCTION AND MODIFICATION THEREOF; TO ENABLE THE CITY TO FURTHER r, STUDY AND GATHER INFORMATION RELATED TO THEyai„n REQUIREMENTS OF THE TELECOMMUNICATION ACT OF 1996; TO ENABLE THE CITY TO REVIEW PERTINENT INFORMATION AND ` ADOPT MINIMUM STANDARDS FOR THE LOCATION AND ' APPROVAL OF LINES, CABLE, FIBERS AND OPEN VIDEO SYSTEMS * ` OTHER THAN THOSE SPECIFIED ABOVE; PROVIDING THAT ALL } ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT f r THEREWITH BE OF NO FORCE AND EFFECT DURING THE TIME ^ ` PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY;4 A '• Y PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance and Second Public Hearing) ` r Mayor Bertino opened the public hearing. w ` ( Y Jay Field urged caution in taxing the Telecommunications industry for fear that y '^ the cost for the technical equipment could became so high that the services will not be affordable to the average person. A ; Hearing no further comments, Mayor Bertino closed the public hearing. fi • " A motion was made by Commissioner Jones, seconded by Commissioner Mikes t to adopt the ordinance on second reading. r i The motion passed on the following roll call vote: Commissioner Hyde- no Commissioner Jones - yes Commissioner Mikes - yes Vice Mayor Grace- yes Mayor Bertino - yes 4.2 LU-29-96 - Public Hearing on Transmittal of a Land Use Amendment for 2.77 acres at the northwest corner of Sheridan Street and Watermark , REGULAR MEETING 4 NOVEMBER 12, 1996 } .a i .n, xY r .• �a no + ' • ,�Y4 w sin ,° li t ; ..L:.. l i , ( Boulevard. (Request by Paradise Pointe Vistas, Inc., represented by Cutro &Associates) ` "A RESOLUT!JN OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TRANSMISSION OF A LAND USE PLAN CHANGE FROM + COMMERCIAL TO RESIDENTIAL MEDIUM (16) ON A PARCEL OF LAND CONTAINING 2.771 ACRES MORE OR LESS LOCATED AT THE NORTHWEST CORNER OF SHERIDAN STREET AND WATERMARK BOULEVARD CONTAINING THE FOLLOWING DESCRIBED: A PORTION OF PARCEL "C" OF "US LEND LEASE PLAT NO. ONE", ` . ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT I BOOK 111, AT PAGE 44 OF THE PUBLIC RECORDS OF BROWARD i COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID PARCEL r 1 "C"; THENCE RUN N 00002'47" E (ON AN ASSUMED MERIDIAN) ALONG THE WESTERLY LINE OF SAID PARCEL "C" FOR A � DISTANCE OF 280.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE RUN DUE EAST, ALONG THE NORTHERLY . LINE OF - SAID PARCEL "C" FOR A DISTANCE OF 337.16 FEET TO A POINT; THENCE RUN S 06101'48" E FOR A DISTANCE OF 18.62 FEET TO A POINT; THENCE RUN S 13011'58" E FOR A DISTANCE OF 10.93 FEET TO A POINT; THENCE RUN S 28033'55" E FOR A DISTANCE OFF FI 20.49 FEET TO A POINT; THENCE RUN S 44018'58" E FOR A ', J S DISTANCE OF 11.32 FEET TO A POINT; THENCE RUN S 52027'33" E ` t FOR A -DISTANCE OF 9.82 FEET TO A POINT; THENCE RUN S 66040'56" E FOR A DISTANCE OF 11.10 FEET TO A POINT; THENCE RUN S 77031'12" E FOR A DISTANCE OF 10.81 FEET TO A POINT; y THENCE RUN S 82037'06" E FOR A DISTANCE OF 26.75 FEET; THENCE RUN N 82025'00" E FOR A DISTANCE OF - 10.59 FEET TO A ; POINT; THENCE RUN N 66044'21" E FOR A DISTANCE OF 10.99 FEET TO A POINT; THENCE RUN N 24/'30'03" E FOR A DISTANCE OF 2.03 ' FEET TO A POINT; THENCE CONTINUE N 24030'03" E FOR A DISTANCE OF 10.34 FEET; THENCE RUN S 57010'01" E FOR A ` DISTANCE OF 6.30 FEET TO A POINT ON A CIRCULAR CURVE (SAID POINT BEARS N 70030'52" E FROM RADIUS POINT), CONCAVE TO aM1iz s THE SOUTHWEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 326.00 FEET AND A CENTRAL ANGLE OF 19021'08"; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A ARC DISTANCE OF 110.11 FEET TO THE POINT OF TANGENCY; THENCE RUN DUE SOUTH FOR A DISTANCE OF 77.14 FEET TO A POINT; THENCE RUN DUE WEST FOR A DISTANCE OF 16.00 FEET TO THE POINT OF CURVATURE OR A CIRCULAR CURVE TO THE LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 90100'00"; THENCE RUN WESTERLY, SOUTHWESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 15.71 FEET TO THE POINT OF r TANGENCY; THENCE RUN DUE SOUTH FOR A DISTANCE OF 27.00 s ri. FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL "C"; REGULAR MEETING 5 NOVEMBER 12, 1996 ez low T t , ., s I �l 1 > , 5' V i. I Commissioner Mikes - yes Vice Mayor Grace-yes A Mayor Bertino - yes z- i1 6 5. SITE PLANS 5.1 (a) SP-31-96 - Site Plan approval request by Christopher Paoli for a duplex at 2642 -2644 SW 49 Court. Y" Will Allen, Growth Management Director, commented on the difficulty in getting to the property since it fronts SW 49 Terrace which is a 15' wide rock road. The site plan is for a one-story 2600 sq. ft. duplex which covers 17% of the lot. The duplex conforms to all of the minimum lot requirements of the zoning code. Mr. ' Allen mentioned that the site plan is unique because it works around the two live ,x= oak trees on the site that are significant in size. - Commissioner Hyde agreed with the site plan but was concerned with building on SW 49 Court since paving is needed. Mr. Allen advised that there is L adequate right-of-way for a street to be constructed on SW 49 Court. However, s 3f SW 26 Terrace is actually an alley on which homes have been constructed, The a quit claim deed for Mr. Paoli will deed the easterly 10 feet of the 25 feet of the z , roadway easement. This will leave 15 feet for utilities in the future but will stop + ' the road from being extended to the south. Mr. Allen mentioned that paving and sidewalk improvements could be accomplished for this area of the City through �r the establishment of special assessment programs. r City Manager Smith reminded the Commission that the issue of unpaved roads "Y f�, y in the Ravenswood/Griffin Road area is being discussed at next week's F t r workshop meeting on November 19. 1 A motion was made by Commissioner Mikes, seconded by Mayor Bertino, after passing the gavel, to continue the site plan approval to the next regular meeting, �4 J workshop the item on November 19, and invite homeowners from the area to attend the workshop in an effort to work out the problems. M ' { a The motion passed on the following roll call vote: �* 1 E , Commissioner Hyde-yes Commissioner Jones - yes t Commissioner Mikes - yes Vice Mayor Grace- yes f" Mayor Bertino - yes F , , i (Item b was also continued to 11/26/96) F (b) "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A QUIT CLAIM DEED FROM THE CITY OF DANIA TO CHARLES E. s` PAOLI, JR. FOR THE FOLLOWING DESCRIBED PIECE OR PARCEL OF LAND, TO-WIT: THE EAST 10 FEET OF THE WEST 25 FEET OF THE SOUTH 120 FEET OF THE NORTH 888 FEET, LESS THE EAST 395 FEET AND LESS THE WEST 145 FEET THEREOF OF TRACTS 9 1e ;i AND 10, BLOCK 1, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 a` � REGULAR MEETING 7 NOVEMBER 12, 1996 p 1 ri F .lam v '! I yn W J raj • ..:yr1w f Fri rMlS.nr A'rt^ I. fy� I M: I I j +� 1 EAST, AS SHOWN BY PLAT AS RECORDED IN PLAT BOOK 2, PAGE x` 32, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; AND } PROVIDING FOR AN EFFECTIVE DATE." ' 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 SECOND (2ND) AND FOURTH (4TH) MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE MEETING. ' Ivy l 7. EXPENDITURE REQUESTS-none '1� 8. DISCUSSION AND POSSIBLE ACTION fit' A if a �!� _ 1' • 8.1 Review of Air Dania Motocross Park. Y �N Will Allen, Growth Management Director, advised that the one year review of the i rj I Air Dania Motocross special exception was conducted at the March 26, 1996, ' meeting. An extension was granted for 120 days to complete two problems relating to payment of the fire department EMS services and installation of a fire ; z hydrant. The fire hydrant has been permitted but is not installed. The fees have r{" been settled. r J ! 1+ Tom Laubenthal, Owner & Landscape Architect for Air Dania Motocross, s ^' ' x mentioned his continued financial efforts to work with developers and investors project, to move forward in completing the additional items for the t. n :u , ok b A motion was made by Commissioner Hyde, seconded by Vice Mayor Grace, to > J zxr l r approve the special exception for one more year from this meeting to allow time to complete the water and sewer improvements. ; ,r. ' The motion passed on the following roll call vote: 1 }bypp Commissioner Hyde- yes Commissioner Jones- yes f Commissioner Mikes - yes Vice Mayor Grace- yes ¢ I Mayor Bertino- yes , t 8.2 Discussion of amending City Charter to allow the city manager to hire and fire department heads. (Commissioner Hyde) : Commissioner Hyde urged the City Commission to accept the recommendation of the Charter Review Board and allow the city manager to hire and fire department heads and enter into a contract for the position. Commissioner Jones recommended to workshop the matter to determine the implications before taking action tonight. REGULAR MEETING 8 NOVEMBER 12, 1996 a• i JE , Jt ar t fig I 1p ^ 1 i t I ,q t ' , r r 1 i , t 4 L' aS Commissioner Mikes understood the need for the city manager to facilitate and implement policy set by the City Commission and to administer the day to day business of the City. He suggested to send the issue to the people by a k ' Referendum Vote in the upcoming election. ; ,j Mayor Bertino suggested to provide additional provisions or hearings for department heads so that a city manager cannot fire a department head who may be doing a good job without cause. Commissioner Hyde urged the City Commission to provide their input on the wording for the Referendum by the next regular meeting. The City Commission generally agreed to continue the issue to the November 19 workshop meeting. 9. APPOINTMENTS (continued) $% t' 9.1 Appointment of four members to the Airport Advisory Board. , 9.2 One citizen appointment by City Commission and 3 citizen nominations from City Commission for employees to vote for one member to the Civil * Service Board. 9.3 Appointment of two alternates to the Code Enforcement Board. t 9.4 Appointment of three members to the Community Affairs Advisory Board 9.5 Appointment of one member to the Dania Economic Development and ,i Downtown Redevelopment Board. . c 9.6 Appointment of two members to the Human Relations Board. 9.7 Appointment of Real Estate Appraiser to the Unsafe Structures Board. rxl 10. ADMINISTRATIVE REPORTS 10.1 City Manager - *92ND Birthday Party - November 16, 1996, Dania Beach " v ,p' C; City Manager Smith reminded the public that the City will be hosting its 92nd i S Birthday Party at the beach. He thanked Mr. Itsak Dickstein for donating r $10,000 to the City for the fireworks display scheduled to begin around 6:30 p.m. ;,w The Parks & Recreation Department and businesses from the beach also have other events planned. r + * Workshop Meeting - November 19, 1996 r " City Manager Smith mentioned that items to be included on the workshop are E discussion of revising the bulk trash pickup, establishing a Community Appearance Board, unpaved roads in the Ravenswood/Griffin Road area and the city manager issue. A' i � Commissioner Mikes asked for a status on the letter that Attorney Earl Gallop ! was preparing on the EIS relating to the airport expansion. City Manager Smith f advised that the City is using the no construction alternative with the north parallel and that he expects the letter from Mr. Gallop shortly. 1L •� ,:i I v ra 3 ' REGULAR MEETING 9 NOVEMBER 12, 1996 s , r �f tiC �.rs 1j 4f / t 1 tf ( 1ke�'y T � , J rj Ppr nsy - ��� t ` r is ,t 10.2 City Attorney- no comments xr' a 11. COMMISSION COMMENTS 11.1 Commissioner Hyde ` Commissioner Hyde mentioned that he will not be attending the City's 92nd Birthday Party at the beach due to his participation in the Ft. Lauderdale Billfish Tournament. He mentioned that there are some problem areas in need of ' paving in the west section of the City. I ! ' t On November 13, the BSO Marine Unit will be conducting an educational _ program at Olsen Middle School. V� 11.2 Commissioner Jones Condolences were extended to the Parrish Family on the passing of Noddie , Parrish who was an active senior citizen at Modello Park. Commissioner Jones r also thanked those who have been supportive with his mother's recent illness. 5F , Comrissioner Jones mentioned that since the Community Development Committee extended their limit to $55,000 on grant funds, Pearlie Mack, a MCI r , disabled person, will be able to obtain a home. In an effort to be fair, the CDC created a policy to deny grant funds to organizations who are also receiving r funds from their city. 11.3 Commissioner Mikes Commissioner Mikes urged staff to maintain the crime watch signs that are ; covered by vegetation. City Manager Smith felt confident that the Public Works Department and the BSO will be replacing most of the signs.F i.. ; t,1 Commissioner Mikes expressed concern that some of the special projects and grants that used to be handled by Dan Oyler, previous city planner, are not being accomplished on time. t r 1 + 11.4 Vice-Mayor Grace ` Vice Mayor Grace mentioned that she will not be able to attend the workshop meeting on November 19 or the next regular meeting on November 26. f ' Vice Mayor Grace requested the city manager to check with FPL in regards to i new material that may be available to protect street lights from being damaged. She stressed the need to increase BSO patrols on NW 1 Street due to increased at drug dealing. REGULAR MEETING 10 NOVEMBER 12, 1996 F ee Y , 1F�y iJ�iSs ,t K F 1-�nj z., � , ;� , t k•, 1� t + :' uVWrd may`".^-`¢ 1 ..'�»,.x, .. i ; �,�° v,• T. 1 tl1 it ,t Vice Mayor Grace thanked Mr. Itsak Dickstein, Neptune Fireworks, for his assistance with providing the fireworks for the City's Birthday Party and the e Thanksgiving Baskets being passed out on November 21. Vice Mayor Grace mentioned the need for the traffic light at Stirling and Phippen Road to be repaired as it changes too rapidly. City Manager Smith advised that letters have been sent to the Broward County Traffic Engineering Department and that the City is awaiting the results of their study of the site. s'c 11.5 Mayor Bertino Mayor Bertino mentioned that there is a need to follow-up on the conditions that h are included on site plans to make sure that the extra trees and landscaping are f, not allowed to die after a few years. He felt that this could be a function of the j proposed Community Appearance Board. City Manager Smith expressed his sadness with the passing of Noddie Parrish. The Parks & Recreation Department will be planting a tree in her honor and the <3 r city manager will advise the City Commission when the event is scheduled. i This meeting was adjourned. , z � -COMMISSIONER , 4 , CITY CLE -AUDITOR 1 1 f S f f t , r r v REGULAR MEETING 11 NOVEMBER 12, 1996 T z 1 C t gK r r f1 xh.VV <i 11 A . S+- CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH ' CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." 1.5 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND AFFIRMING THE REPLACEMENT AND REPAIR OF THE EIGHT INCH ' (8") WATER LINE THAT CROSSES THE DANIA CUT-OFF CANAL AT U.S.1 AS ORDERED BY THE D.O.T. OF THE STATE OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE." f`S 1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE TRI-COUNTY COMMUTER RAIL 4 p AUTHORITY AND THE CITY OF DANIA FOR THE LEASE OF PROPERTY FOR PROPOSED TRI-RAIL STATION RELOCATION SITE; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF u RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE ` EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." f<; 'r. 2. PROCLAMATIONS 3. BIDS-none 4. PUBLIC HEARINGS 7 ` d k 4.1 "AN ORDINANCE OF THE COMMISSION OF THE CITY OF DANIA, FLORIDA, TO DECLARE A 90 DAY MORATORIUM UPON ALL LANDS WITHIN THE CITY, INCLUDING BUT NOT LIMITED TO ANY AND ALL RIGHTS-OF WAY AND EASEMENTS, AS WELL AS ANY RIGHTS GRANTED ANY FRANCHISE, AS TO THE PLACEMENT AND THE INSTALLATION OF ALL LINES, CABLES, FIBERS AND OPEN VIDEO SYSTEMS OF ANY NATURE OTHER THAN STANDARD FLORIDA n; J POWER AND LIGHT ELECTRIC LINES, SOUTHERN BELL TELEPHONES LINES AND JONES INTERCABLE, INC., CABLE TELEVISION LINES, INCLUDING THE ISSUANCE OF PERMITS FOR ) THE PLACEMENT, INSTALLATION, CONSTRUCTION AND ' yK MODIFICATION THEREOF; TO ENABLE THE CITY TO FURTHER STUDY AND GATHER INFORMATION RELATED TO T HE t REQUIREMENTS OF THE TELECOMMUNICATION ACT OF 1996; TO h ENABLE THE CITY TO REVIEW PERTINENT INFORMATION AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF LINES, CABLE, FIBERS AND OPEN VIDEO SYSTEMS OTHER THAN THOSE SPECIFIED ABOVE; PROVIDING THAT ALL t ' ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH BE OF NO FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." (Second Reading of Ordinance and Second Public Hearing) a rL , 2 7V c 'y yl Y P r r i Xi; f a 4 4 t � x �` r y �i•:. i kLY n 55 .y y I': i J I 4.2 LU-29-96 - Public Hearing on Transmittal of a Land Use Amendment for 2.77 acres at the northwest corner of Sheridan Street and Watermark Boulevard. (Request by Paradise Pointe Vistas, Inc., represented by Cutro &Associates) i "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE TRANSMISSION OF A LAND USE PLAN CHANGE FROM COMMERCIAL TO RESIDENTIAL MEDIUM (16) ON A PARCEL OF LAND CONTAINING 2.771 ACRES MORE OR LESS LOCATED AT THE NORTHWEST CORNER OF SHERIDAN STREET AND WATERMARK BOULEVARD CONTAINING THE FOLLOWING DESCRIBED: A PORTION OF PARCEL "C" OF "US LEND LEASE PLAT NO. ONE", C« ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 1 ' FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID PARCEL "C"; THENCE RUN N 00002'47" E (ON AN ASSUMED MERIDIAN) ALONG THE WESTERLY LINE OF SAID PARCEL "C" FOR A r„ . 1 DISTANCE OF 280.00 FEET TO THE NORTHWEST CORNER OF SAID >' ,. PARCEL "C"; THENCE RUN DUE EAST, ALONG THE NORTHERLY I LINE OF - SAID PARCEL "C" FOR A DISTANCE OF 337.16 FEET TO A f POINT; THENCE RUN S 06001'48" E FOR A DISTANCE OF 18.62 FEET a TO A POINT; THENCE RUN S 1301 V58" E FOR A DISTANCE OF 10.93 4 FEET TO A POINT; THENCE RUN S 28033'55" E FOR A DISTANCE OF e 20.49 FEET TO A POINT; THENCE RUN S 44018'58" E FOR A DISTANCE OF 11.32 FEET TO A POINT; THENCE RUN S 52027'33" E ' FOR A -DISTANCE OF 9.82 FEET TO A POINT; THENCE RUN S ! 66040'56" E FOR A DISTANCE OF 11,10 FEET TO A POINT; THENCE r r. RUN S 77031'12" E FOR A DISTANCE OF 10.81 FEET TO A POINT; , THENCE RUN S 82037'06" E FOR A DISTANCE OF 26.75 FEET; THENCE RUN N 82025'00" E FOR A DISTANCE OF - 10.59 FEET TO AxYY POINT; THENCE RUN N 66044'21" E FOR A DISTANCE OF 10.99 FEET r TO A POINT; THENCE RUN N 24/'30'03" E FOR A DISTANCE OF 2.03 y; FEET TO A POINT; THENCE CONTINUE N 24030'03" E FOR A DISTANCE OF 10.34 FEET; THENCE RUNS 57010'01" E FOR A DISTANCE OF 6.30 FEET TO A POINT ON A CIRCULAR CURVE (SAID i POINT BEARS N 70030'52" E FROM RADIUS POINT), CONCAVE TO !'• THE SOUTHWEST AND HAVING FOR ITS ELEMENTS A RADIUS OF 326.00 FEET AND A CENTRAL ANGLE OF 19121'08"; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A ARC DISTANCE OF 110.11 FEET TO THE POINT OF TANGENCY; THENCE RUN DUE SOUTH FOR A DISTANCE OF 77.14 FEET TO A POINT; THENCE RUN DUE WEST FOR A DISTANCE OF 16.00 FEET TO THE POINT OF CURVATURE OR A CIRCULAR CURVE TO THE LEFT, HAVING FOR ITS ELEMENTS A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 90°00'00"; THENCE RUN WESTERLY, SOUTHWESTERLY AND SOUTHERLY, ALONG THE ARC OF SAID CURVE FOR AN ARC DISTANCE OF 15.71 FEET TO THE POINT OF rk' t, i � C:• YY V lt , J K hk1 I i.v P T(I fl .! I ,•i.(� It r t iytrP -t e 'Nr J1'WF �• - L z , F' 1. 1 tJ , yi Y TANGENCY; THENCE RUN DUE SOUTH FOR A DISTANCE OF 27.00 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL "C"; THENCE RUN DUE WEST ALONG THE SOUTH LINE OF SAID r PARCEL "C" FOR A DISTANCE OF 438.05 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL "C", ALSO BEING THE POINT OF BEGINNING, CONTAINING 2.771 ACRES MORE OR LESS. ' PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE AND THE SAME ARE HEREBY r REPEALED TO THE EXTENT OF SUCH CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE." � l 5. SITE PLANS 5.1 (a) SP-31-96 - Site Plan approval request by Christopher Paoli for a duplex at 2642 2344 SW 49 Court. r (b) "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A QUIT CLAIM DEED FROM THE CITY OF DANIA TO CHARLES E. 1 PAOLI, JR. FOR THE FOLLOWING DESCRIBED PIECE OR PARCEL OF LAND, TO-WIT: THE EAST 10 FEET OF THE WEST 25 FEET OF TT THE SOUTH 120 FEET OF THE NORTH 888 FEET, LESS THE EAST t 395 FEET AND LESS THE WEST 145 FEET THEREOF OF TRACTS 9 fi k ` AND 10, BLOCK 1, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 t EAST, AS SHOWN BY PLAT AS RECORDED IN PLAT BOOK 2, PAGE 32, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LAND '+ t r SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE." 5 k 6. CITIZENS' COMMENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES THAT ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN �F 4•,,'. { IN WRITING OR COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND r s( (2ND) AND FOURTH (4TH) MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE OFFICE OF THE CITY MANAGER. IN x ' t THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, THE CITIZEN(S) ORy1 PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE {` MEETING. F r °r 7. EXPENDITURE REQUESTS -none w t 8. DISCUSSION AND POSSIBLE ACTION 8.1 Review of Air Dania Motocross Park. s 8.2 Discussion of amending City Charter to allow the city manager to hire and fire department heads. (Commissioner Hyde) Rar � r P ` } a kyY h Y {° • :1 l 5 9. APPOINTMENTS 9.1 Appointment of four members to the Airport Advisory Board. 9.2 One citizen appointment by City Commission and 3 citizen nominations from City Commission for employees to vote for one member to the Civil Service Board. �. 9.3 Appointment of two alternates to the Code Enforcement Board. 9.4 Appointment of three members to the Community Affairs Advisory Board 9.5 Appointment of one member to the Dania Economic Development and Downtown Redevelopment Board. 9.6 Appointment of two members to the Human Relations Board. 9.7 Appointment of Real Estate Appraiser to the Unsafe Structures Board. 10. ADMINISTRATIVE REPORTS 10.1 City Manager - *92ND Birthday Party- November 16, 1996, Dania Beach/ ` Workshop Meeting - November 19, 199602 # � 10.2 City Attorney " 11. COMMISSION COMMENTS 6 « 11.1 Commissioner Hyde 11.2 Commissioner Jones r 11.3 Commissioner Mikes �rJy�eF 11.4 Vice-Mayor Grace 8 9Fh 1 ✓ {°. 11.6 Mayor Bertino i h '^ it `t i t {S F t r � i � 5 � i r .o" o r ,< 1 f '' t q t CJ ltvl y +awz T } /tH r 75 li 1 � 0.•}itl��L��C 9C` ice{�M i ,r "€l' `. f4 �rhLrt h v + Zuti`'1 '}rq ss Stu »✓$;. § n .�.ts,_nyh (� v i2a yy , L G 1 �a ', i' v! ft✓ � wt S:' 1 t � F Y = v _ 1 n ri P tt 'av„Y✓,:4 r� Y O O I O II O O O O O 1 O II O O I O II —Ni m O O 1 0 11 *j is7 {, 41 r Q OP I •n w P NN i R In �� P. 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P ruf z t yit,, rvFrl n+ ly ja O W a, r oIS•CA.yj 1 Y fte'�-'fit H O P r z trr"r•<,.' n,r 0 ,.. s viol pry1$.;,bp tt.ySU Y bids � f rr1 : '� ty4k Ok tra�x��9i m H ar petlf.*r t ,lr W 4rdv17i P � ^rJ r,t'+• L '+ mg y x z 7y+ �Y xtif 2 AiC+b Mg F «,ykw"rt rt,ti �At F 1 z f w 1; h t'- Y��F. t�9i's .t b%.� �iiM t7'a i +'f�9 1 . r+� C j t 1 J z i 5 IY�1t,k r. Z Z Ile,° ccw t Ln Q U J f kl t 3 r.S fi s t £ W w h� dY�A Oyy 1 "j 0 u MOM ,N if i rxt tK , ��} rah \ - ,. ;.. _ �._._ _ _ '. .� . t ; xr4er� w �, ,•z Y } vet fS' M 3 i . I. \ } f 5 l 1` Ja CI J L` L t C 4 MOLLOY BROOV., INC. ENGINEERING CONTRACTORS Bt)0 NW 271h Ave. / Ft. Lauderdale, FL 33311 Er11't ri} 1 Y• JI +r. city f Dania Nov.6, 19M Y 100 West Beach Blvd. it Dania Florida 33004 4+ L ry; Att: Leo Williams a Re: LIS 1 Aerial Crossing Pipe Replacement `'- „ ...: Dear Leo, uPer ur request we have reviewed the replacement of the existing S'watermain crossing the Dahl Cut Off canal at Old Griffin Road and US 1. P� tj 1 We F ropose to remove the existing 9'waterline and brackets and replace with new V mat- erial nd brackets provided by the City for the lump sum price of. $20,000.00, , r , w ! .f Youn i Truly , }�v ",f r t Thon Presi Iae wo r {, hf }1 1� f L f r y I r F + u� f } r 1 P a A.! rtf 5.i Mly ,i 5•.�i �}�' x a � E�`"S�jhJJ+f�;rr�;5'S SzF@7 , y�/111N((Vl�r'naS�.! N t�01�[tY•�C� a't SV p?Ot-- �Y ��rtk� � s 4 ,t 5�qIT o% ,r . - _.._._..__.._ _._ . ... _ _ . -•1 ' 'S � r�V�+yi<t 5'� y.c j r z � i „t Draft h 12/11/95 JI xp� f , ax v , AGREEMENT yr 1 Among BROWARD COUNTY �'.• and S y CITY OF DANIA and COONAS PROPERTY COMPANY r;z , J {a rtt �itc � i3 rr:� Relating to �kyt > ;, ' THE USE OF BROWARD COUNTY ROADWAY IMPACT FEES FOR HIGHWAY IMPROVEMENTS This is an Agreement among: e L ': BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, t i hereinafter referred to as "COUNTY," through its Board of County Commissioners; AND �a t � i t� I (•` if i =y� CITY OF DANIA, a municipal corporation organized and existing under the laws of the State of } Florida, its successors and assigns, hereinafter referred to as "CITY'; r t i AND COONAS PROPERTY COMPANY, its successors and assigns, hereinafter referred to as r'! DEVELOPER. W .r. � y 1 R ✓tv r it >a r k fK ) { r��ySf�,rylai4 a qT 1� �'Y �' 1 `� a C •}n'. 1 "i.5 -: 1 1 1 I I^em}�u . 1 t A � ill WITNESSETH: WHEREAS,Developer, is the owner of that certain parcel of land, described as Parcel "A" of the NCL PLAT, Plat Book 150, Page 50 located on Griffin Road and i-95, and situated within . F .. the City of Dania, hereinafter referred to as the "Property", on which parcel of land Developer ' contemplates the construction of a mixed use development including commercial, retail,office and attraction uses; and WHEREAS, Developer, County and City wish to enter into this Agreement for the purposes of providing for the design, funding and construction of certain roadway improvements on or near y the Property; and WHEREAS, County has approved the use of up to One Million Nine Hundred Thousand r Dollars ($1,900,000.00) of Broward County road impact fees for certain roadway improvements x' located within the Ravenswood Road Corrider between Griffin Road and Stirling Road; and r i a WHEREAS, Developer is required to pay the sum of$239,754.00 in Mass Transit impact fees to Broward County as a condition of approval of the amendment to the NCL Plat by the County `h Commission on December 5 1995; and to , ' < I WHEREAS, County and City require certain roadway improvements, as identified on Exhibit "A" attached hereto and which will be hereinafter referred to as "Roadway Improvemets", to be w MR` constructed to serve the Tri-Rail System; and WHEREAS, the mutual benefit of the public, the County and the City will be served by the construction of the Roadway Improvements; and EGA WHEREAS, the County has authorized the use of up to one million nine hundred thousand ` dollars, together with the sum of$239,754.00 in Mass Transit impact fees required to be paid by " Developer, for the costs of construction of the Roadway Improvements, which costs shall include the r acquisition of right of way and design of the Roadway improvements; and WHEREAS, the Developer agrees to be responsible for all construction costs of the Roadway wixt Improvements exceeding $2,139,754.00. *' NOW, THEREFORE, in consideration of these premises and the mutual covenants contained ' herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The above recitals are true and correct, and are incorporated herein by this reference. 2. PARTIES' INTENT. It is the intent of the parties by this Agreement to provide for the acquisition of right-of-way for, and to provide for the design, construction, inspection, and 4 r testing of the Roadway Improvements as set forth on Exhibit "A" located in the City of 2 Rim F 4I ` { , � ] jFA ¢vSxXx IS 5 C\ cT "qqt sfY a r t2 wF�'�H J�,e.., ♦K y„ .l 1 1 y � jf I i i i (1 parties having compensable interests in such Right-of-Way or condemnation shall be paid from the Fund Monies. 8. CONSTRUCTION OF PHASES. Concurrently with, or following the acquisition of the Right-of-Way , activities pursuant to this Agreement shall include the design and construction of all or part of the Roadway Improvements by Developer. (a) Construction of Segments. Following the County's approval of all or part of the necessary Design Plans pursuant to Paragraph 5, above, construction of all or part of the Roadway Improvements Segment shall be accomplished by Developer. All costs a° associated with the construction of the Roadway Improvements shall be paid from Fund Monies. G ' (c) The County hereby acknowledges the public benefit of Developer agreement to construct the Roadway Improvements. In recognition of such public I, benefit. County hereby agrees not to request or require that Developer's bond, or otherwise secure, the construction of all or part of the Roadway ; Improvements as a condition of Plat approval of all or part of the Property; 't provided, that Developer shall incorporate performance bond requirements a into contracts for the construction of all or part of the Roadway ax`rssi �M Improvements. k a w 9. AVAILABILITY OF ALTERNATIVE FUNDING. Nothing contained in this Agreement r including, without limitation, Developer's assumption of the obligation to fund or construct a Phase, shall preclude Developer's or the County's pursuit or use of alternative sources of it funding, if any, to defray the costs of the Right-of-Way acquisition or the design and ` construction of the Roadway Improvements. By way of example, and without limitation, ` either Developer or the County or both may petition for the release of highway or roadway ` funds from the State of Florida collected or available for the improvement of the Roadway Improvements. Developer and the County shall cooperate in the identification of and petition01. 5. for the release or disbursement of any such alternative sources of funding. r ` ' 10. DISBURSMENT PROCEDURE. Based on the draw requests submitted by the Developer, the County shall make progress payments to the Developer as provided below. The period covered by each Draw Request shall be one calender month ending on the last day of the month. Provided the County receives the Draw Request not later than the first day of the month, the County shall make payment to the Developer not later than the fifteenth day of the same month.In the event the Draw Request is not received by the County on the first day of the month, the County shall make payment to the Developer not later than fifteen days after its receipt of the Draw Request. With each Draw Request, Developer shall submit to County copies of lien releases from the Contractor, subcontractors and suppliers, receipted invoices or invoices with check vouchers attached and any other evidence required by County to document costs set forth on the Draw Request. 5 3� t t b 5' f 5 � a zi d;3 t 1 t 1 y , 13{){{ 11. COSTS TO BE REIMBURSED. The cost of construction of the Roadway Improvements contemplated to be paid from the Fund Monies include right-of way acquistion costs, including consultant fees, appraisal fees, recording and transfer fees, engineering and architect fees, permit fees, survey fees, utility relocation costs, bond costs, contractor fees, attorney fees, material and supply costs associated with the construction of the Roadway Improvements. In the event the cost of construction of the Roadway Improvements exceeds the Fund Monies, Developer shall pay all costs to complete construction of the Roadway Improvements. 12• INDEMNIFICATION OF COUNTY. Developer agrees that the road construction contract(s) for the Roadway Improvements shall provide that the Contractor(s): (a) Indemnify and save harmless the County, the Board of County Commissioners of Broward County, and the State of Florida, their agents and employees, from or on account of any K ` injuries or damages received or sustained by any person or persons, or property during or on '^ account of any operations connected with the acquisition of the Right-of-Way or the r construction of the Roadway Emprovements; or by or in consequence of any negligence in connection with the same,or by use of any improper materials or by or on account of any act or omission of any, subcontractor, agent, servant or employee of the Contractor. u" Contractor shall defend, at their sole cost and expense, any legal action, claim or proceeding 1 ' h instituted by any person against the County, the Board of County Commissioners of Broward County, and the State of Florida, their agents and employees as a result of any claim, suit or r , cause of action accruing during or in any way arising out of the construction of the Roadway Improvements, for injuries to body, life, limb or property as set forth above. (c) Contractor shall save the County, the Board of County Commissioners of Broward County, and the State `j < s of Florida, their agents and employees harmless from and against all judgments, orders, t ; decrees, attorney's fees, costs, expenses and liabilities incurred in and about any such claim investigation of defense thereoQ which may be entered, incurred or assessed as a result of the foregoing. 13. INSURANCE. Developer agrees that the road construction contract(s) for the Roadway Improvements shall require the Contractor(s) to provide the following insurance coverages: ' (a) Without limiting any of the other obligations or liabilities of Contractor, Contractor shall ; provide and maintain in force the insurance coverages set forth in this section, at all times for the services to be performed in furtherance of this Agreement, as will assure the County and ` the Board of County Commissioners the protection contained in the foregoing !' Indemnification Provision undertaken by the Contractor. (b) Comprehensive General Liability within minimum limits of five hundred thousand dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: i (i) Premises and/or Operations. County is to be included as an "Additional Insured"with r+r , f a 1 3i l ` F f gI , cj t. N 1 i i 1 respect to liability arising out of operations performed for County by or on behalf of Contractor or acts or omissions of County in connection with general supervision of such operation. (iii) Notice of Cancellation and/or Restriction--The policy(ies) must be endorsed to provide Broward County with thirty (30) days notice of cancellation and/or restriction. r (c) Developer shall provide to County a certified copy of all insurance policies required by a this Article showing that County has been named as an additional insured under such policies or in the alternative a certificate evidencing that the required additional endorsement has been obtained under such policies at the time of execution of this Agreement by Developer. 14. FURTHER ASSURANCES. Each of the parties agrees to do, execute, acknowledge and k� deliver, or cause to be done, executed, acknowledged and delivered, all such further acts. and u, assurances as shall be reasonably requested by the other party in order to carry out the intent 4 of this Agreement and give effect thereto. Without in any manner limiting the specific rights ' f and obligations set forth in this Agreement, the parties hereby declare their intention to i• cooperate with each other in the effecting of the terms of this Agreement. y j 15. PERSONS BOUND. This Agreement is intended to be and shall be construed as binding upon, inuring to the benefit of and enforceable by only the parties hereto. t 16. WAIVERS/AMENDMENT. No delay or omission by any of the parties hereto to exercise any right or power. accruing upon a noncompliance or failure of performance by am of the parties hereto shall impair any such right or power, or be construed to be a waiver thereof. No waiver of any provision of this Agreement shall be effective unless it is in writing. signed 3 by the party against whom it is asserted. Any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed or construed to be a continuing or future waiver. No claimed modification of this Agreement shall be binding } upon any of the parties unless in writing duly executed by the party sought to be charged r ' ?•' therewith. This Agreement incorporates and merges all agreements, understandings, { covenants, representations, and warranties as between the parties. 17. APPLICABLE LAW. This Agreement shall be governed by, construes under, and enforced in accordance with the laws of the State of Florida. 18, VENUE. Venue with respect to any litigation shall be Broward County, Florida. i 19. CAPTIONS OR PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only, and in no way define, describe, i extend, or limit the scope of intent of this Agreement, nor the intent of any provision hereof. J 20. EFFECTIVE DATE. The effective date("Effective Date")of this Agreement shall be the day 7 J t , 7X1 J 11'i 11.E 1 A K �" rk it ¢c. o ' t •e � 2 3y 4 . tif5 9�• �rk� ',rt a ' ' SY t�y�� f , i i , i upon which it becomes fully executed by the parties hereto. This Agreement shall not be ° effective until fully executed. 21, NONASSIGNABLE. This Agreement shall not be assignable without the written consent of M all the parties hereto, which consent will not be unreasonably withheld. f, 22. NOTICES. All notices, requests, demands or other communications shall be addressed to the a parties as follows: s. < As to County: Broward County g r' As to City: The City of Dania J b As to Developer: Coonas Property Company p 1 / i.• � !zF1�i J r. F. Ronald Mastriana, Esquire , :f a MaStriana & Christiansen 2750 North Federal Highway f t {u Fort Lauderdale, Florida 33306 ,' ` , 1 ' s unless the address has changed by the party by like notice given to the other parties. Notice h S:r. shall be in writing, mailed certified mail, return receipt requested, postage prepaid and shall ' be deemed delivered when mailed or upon hand delivery to the address indicated. Notwithstanding the foregoing, notice, requests or demands or other communications referred • : to in this Agreement may be sent by telegraph, federal express or other method of delivery, ,r ' y but shall be deemed to have been given only when received. ? 23. EXCUSE OF PERFORMANCE. Notwithstanding anything in this Agreement to the s contrary, the Trustees' contractor(s) and/or County shall not be deemed in default with u respect to failure to perform any of the terms, covenants and conditions of this Agreement z " if such failure to perform shall be due to any strike, civil commotion, war-like operation, t,. .' invasion, rebellion, hostilities, military or usurped power, sabotage, inability to obtain any . i material or service through Act of God or other cause beyond the control of Trustees and/or Trustees' contractor(s) and/or County. ( F v IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the r' respective dates under each signature: Broward County through its BOARD OF County COMMISSIONERS, signing by and through its Chairman, authorized to execute same by Board ,n 9 r*f�F�� ,•,r fy a 14'fo r3���L�;h;., `ids if , — s , , i re I, cph` (�^�a ' -♦ ae 6a ,�' 1fX� t, vcyi tig 1 l <i iUF gq �i7P0 xyy iJ r n Y' action on the day of December, 1995, and the City of Dania, signing by and through its Mayor duly authorized to execute same, and Coonas Property Company, signed by and through its President, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, THROUGH ITS = BOARD OF COUNTY COMMISSIONERS By: County Administrator and Ex-Officio chairman Clerk of the Board of County Commissioners ofBroward County, Florida day of 19 Approved as to form and legality by % 'r Office of County Attorney for 'y3 � t y;, Broward County, Florida John Copelan, County AttorneyFG`" 115 South Andrews Avenue Fort Lauderdale, Florida 33301 g' Telephone: (305)357-7600 t , rtr�u V n By; ilfL Y Assistant County Attorney �1' jai � f♦ I 1�: . DEVELOPER: wt c COONAS PROPERTY COMPANY { , r By: {+ Name: Title: 1. CITY• s` CITY OF DANIA By: 7; rL' g Mayo ai; ..... ........ nave JV -- 4•Jv kt, e r P� 1 j + . I r NOTICE OF HEARING BEFORE CI COMMISSION CITY OF DANIA, FLORIDA, REGARDING { ADOPTION OF THE FOLLOWING PROPOSED ORDINUIICE NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida,on October 22, 1996,at 7:30 p.m,or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania City Hall, 100 West Dania each Boule- vard, Dania, Florida to consider the proposed adoption of the following ordinance entitled: r"•, AN ORDINANCE OF THE COMMISSION OF THE CITY OF b; DANIA, FLORIDA, TO DECLARE A 90 DAY MORATORIUM i UPON ALL LANDS WITHIN THE CITY; INCLUDING BUT . NOT LIMITED TO ANY AND ALL RIGHTS-OF WAY AND EASEMENTS,AS WELL AS ANY RIGHTS GRANTED ANY FRANCHISE,AS TO THE PLACEMENT AND THE INSTAL- LATION OF ALL LINES,CABLES,FIBERS AND OPEN VID• EO SYSTEMS OF ANY NATURE OTHER THAN STAN• DARD FLORIDA POWER AND LIGHT ELECTRIC LINES, SOUTHERN BELL TELEPHONES LINES AND JONES IN- `. TERCABLE, INC., CABLE TELEVISION LINES, INCLUD- ING THE ISSUANCE OF PERMITS FOR THE PLACEMENT, INSTALLATION, CONSTRUCTION AND MODIFICATION THEREOF; TO ENABLE THE CITY TO FURTHER STUDY AND GATHER INFORMATION RELATED TO THE RE- I OUIREMENTS OF THE TELECOMMUNICATION ACT OF 1996; TO ENABLE THE CITY TO REVIEW PERTINENT r INFORMATION AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF LINES, CABLE, FI- BERS AND OPEN VIDEO SYSTEMS OTHER THAN P THOSE SPECIFIED ABOVE; PROVIDING THAT ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT ¢' j• THEREWITH BE OF NO FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE f DATE". f ) I ' CITY.OF DANIA i; a FLORIDA 'q r - i b I ; t r^ A copy of this proposed ordinance is on file in the office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania, Florida,and may be I inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the Cit Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such Purpose may need to 1 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. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact MaNet Jabalee, City Clerk, 100 West Dania Beach Boulevard, Dania, Roridal 33004, (954) 921-8700 ext.202 at least 48 hours prior to the meeting. 1 + - lilt k 1= ' v . ' I • 4. i�rh ti'.V:��'S.:Y ...:ss is .. A3I.':.:' f"f.J'....IVJ:ri.. ".c`r n '^l; r i 14 ) j 1 f' L 11-07-1996 09:04AM FROM KERR & ASSOCIATES, INC. TO 9222697 P.02 I j Leigh R. Kerr,AICP j November 6, 1996 Page 2 of 2 F' The petitioner has submitted the required comparision and analysis of the impacts of the change from its prevent use. There are obviously significant reductions in traffic impact by a change form Commercial to Residential, plus there are other enhancements as it regards i reduction in solid waste impacts and there will also be a positive impact on the dr inage ?M system, as typically residential land will provide more pervious land than commercial t 't properties. Increases in potable water and sanitary sewer can be accommodated by the City's utility system and its larger user agreement with the City of Hollywood.( The recreational impact incrcase will be addressed via the impact fee requirements of the Fity's ordinances. Finally,the impact on the school system indicates that there would Potentially be ten (10) additional students generated by a proposed residential development on this site. The petitioner has indicated the design capacity and current e7dsting enrollment for f>? E each of the schools affected.• In one case; Olson Muddle is under enrolled, and IDania Element and South Broward I School are slightly 'Elementary gh ghtly over capacity, but within the constraints of the concurrency requirements recently approved by the'Broward Oounty ,rr � c= Commission. W, .- Icl air The Planift and Zoning Board reviewed the request to transmit the land use ameiomeat t=1" proposirig to reclassify from Commercial to Residential Medium (16 uriitslacre) at then , October 16, 1996 meeting. The recommendation is to transmit the plan amendment and ` to recommend approval of the amendment. s I f r The Land Use Plan Amendment Application is attached which addresses each pf the reasons stated for recommendingapproval b PI I aPP Y the Planning and Zoning Board. j ` � w•t�rrnr.a� i 1 + ��t 7 c Isis t 1 l V • fl 3 , TOTAL P.02 d(1 1 n4. 15 Sf f I 1 a I'• k 1, I• /'� /� PARCEL ..A.. xu•• , Yu' d Iw (O Ili C r� s 1� LAKF `� I LAKE �� cm W RK n 5 e CONDO ~, U.S. ATE Q 6 7 I) LENDS LEASE PLAT � � No. 1 { (111-44) N i O WATERMARK III lj a CONDO PARCEL '.A.. W uj LAKF_�� �' J J V Lv PARCEL 02t 024 W � Q J u, W ..A.. g. t Q O a � W I c_ 2 �, • via s .• P CE ^C PARCEL G1 101 T 11 — Sher�cfc�n 4- P a�' e J ` l 3{i k t • t I i �Y' r xtk via f1 ri _ t. 11/01/00 10:27 FAX 425 1200 SS/AD SERVICES 001 (--o u g-n n CITY OF DANIA a �_ SIO DANIA CITY CONINII�AR NG f NOTICE OF PUDLIC HE a NOTICE OF LA USE CHANGE ry within y14 �� Y The City of Dania proposes to change the use oublandhearington ° e o area shown in the map of this advertisement. A p �a � = D the proposal will be held on November 12, 1996 at 7:30 p.m. or as A n n c soon thereafter it may be heard at Dania City Hall, 100 West Dania i / terested parties may appear at Dania, Florida. In Beach Boulevard, regard of the prop Vi a i, the in and be heard osed land use a proposed land use change can be i pC change. Information on this Prof I a N' obtained at the Dania City Hall, Planning and Zoning Department, IL change, on weekdays between the hours 8:00 a.m. and 5:00 P.m. !; P CITY Y DANIA { s, rLOFtnA I 4r ,7 a tie 1 t 4�I + 1 - n r w ,r eat an decision made by the Dania Any person who decides to appeal y matter considered at this City Commission with respect to any meeting or hearing will need to ensure that a verbatim record of the proceedings is made, which er is to in lbasedthe testimony and evidence upon which the appons In accordance with the Americans with Disabilities Act,proceedings needing assistance to ers participate in anyBeach ania Blvd l Dcontact an a, 4 3ahe J921!a700 ext 202 at least 48 too W. Dhours prior to the meeting. NOV-01-199[ 10:15 425 1290 P.01 1 z , 4+ Alt ` k t t i d rSr J - r�F i11 , , F �P a __ .. _ - w. 1�•. 1 1 �L ♦ f I, .�� 4 S i•w Y L J' , y ! f "r 'i PARADISE 7 Mrh POINTE a ( � LANDPLAN1 " USE ` +'v r f [ Jdr i ( \ Y .i �Si�s� t ✓ ! AMENDMENT t � P kp9g rt ;1sy, �' 9 1��}y�•�+ .� Yl f � ^ G f{ �Spf t j 1000�0 rf I n ( ( �t 1 r Prepared by: Cutro and Associates 2455 Hollywood Boulevard Hollywood, Florida 33020 Telephone: 954-920-2205 Fax: 954-920-2343 un 8 1 � li sj� 4 5 u s c 1{ �♦,1"a{ t (d/� 7`,v 1 + lf[h"_ >Ya _ t y �_ r I ,✓- L 't •r , t 7 y:. I � I 2y i. 1 , U I ,' ts'' , APPr,I ATION FOR AM °NDM1" NI kY [ TO THE CITY OF DANIA r 1ND USE PLAN t - i 1, LETTER OF TRANSMITTAL < . A. Date local governing body held transmittal public hearing. The City of Dania Planning and Zoning Board will hold a public heating on this matter on . 9/25/96. The Dania City Commission will hold a public hearing on this petition on r r3 10/22/96. B. Whether the amendment is within an Area of Critical State Concern or ��, Resource Planning and Management Program. y rf The amendment site is not located in an Area of Critical State Concern or Resource ` Planning and Management Program. w xi4r h�tttk ^`t i ' C. Whether the amendment is an exemption to the twice per calendar year limitation on the adoption of plan amendments. } s G { s Yes, this amendment is an exemption to the twice a year calendar year limitation on the P°a „ adoption of plan amendments. D. Proposed month of adoption. ? This amendment will be adopted by the City of Dania in November, 1996 and will be ' effective after a review period that is required by State Law. lr{ E. Whether the proposed amendment is to be adopted under a joint planning t agreement. rk 1 L r No, the proposed amendment is not to be adopted under a joint planning agreement. F. Name, title, address, and telephone number of local government contact. s`S 1 Will Allen, Growth Management Director f ti City of Dania w: 100 W.Dania Beach Blvd. Dania, FL 33004 _ 954-921-8700 Ex. 255 f� r r"F�i2 �+ci �r m , yl �5����itaaJtue.t' ,+ 'atu�tES' � 8M A9 i ttt�lC`1'r�¢sarlF.i �t:'.��C yk{r�;S' e h' �f9ty�3i ri"�iJ��'�tx�d���•t, t�,''t;s P � rJ�q ,4�Ya• T, tr9,�Trt k k�A tM,. y 2. LOCAL GOVERNMENT INFORMATION A. Local Amendment or Case Number. To be assigned by the City of Dania. • B. Recommendation of the local unit of government and minutes from the local planning agency and local government public hearing on the amendment. To be provided at a later date after public hearings have been held. C. Local staff report on the amendment as provided to the local government. Will be provided after the staff report is complete. �r, n t D. Description of public notification procedures followed for this amendment. The City of Dania provided public notification procedures as required by Florida Law. � ' 3. APPLICANT INFORMATION A. Name, address and telephone number of the applicant. ' Christopher Cutro it „ 4 4 Cutro and Associates 2455 Hollywood Blvd. Hollywood,FL 33020 i (954) 920-2205 B. Name, address and telephone number of the property owner. r EQR -Paradise Pointe Vistas,Inc. ' }w.: C. Applicant's rationale for the amendment. wid ?°°°° µi,P; The subject property is located at the intersection Sheridan Street and Watermark Blvd. in fi', Dania. At the present time the parcel has been assigned a land use of commercial. L4AA� However a series of changes have taken place in the area that make this site more acceptable for residential uses. The fast is that future residential development in the area has been greatly reduced and with it the need for commercial land to provide goods and ' ! services for new residents. The second reason is that traffic on Sheridan Street will also be reduced thus making the site less desirable for commercial uses. The third reason is that commercial development in the area has addressed the need for commercial land and 1 development for the surrounding area. The owners of the property wish to amend the land use for the subject property to Medium Residential (16 units/acre). This would be compatible with uses around the property. r 1 ' 2 +r JW k rz r' r ek � 1 if 1•J 4 � + i J I f. y 4• AMENDMENT SIT D S RIPTION A. Concise written description of the size and boundaries of the area proposed 4 to be amended. + The subject property is located at the northwest corner Sheridan Street and Watermark Boulevard and is 4.1 acres (Gross) and 2.77 acres in size. x B. Legal description of the area proposed to be amended. ' See attached legal description. C. Map at a scale of 1" = 600' clearly indicating the amendment's location, boundaries, and proposed land uses. See attached Maps. 5• EXISTIN(' AND PROPOS D ISFS ����� �� �'-�"• r , " A. Current and proposed local and Broward County Land Use Plan ' designation(s) for the amendment site. " x ` CITY Commercial COUNTY six Current:: Commercial { ; `[` Proposed: Medium Residential Medium Residential B. Current land use designations for the surrounding properties. , North: Medium Residential ,r r East: Commercial West: Commercial South: Commercial 1 i C. Current and proposed zoning for the amendment site and adjacent areas. xv Indicate if the flexibility provisions of the Broward County Land Use Plan have been used to rezone adjacent areas. Amendment Site: Cunt: C-2 Proposed: RM-2 v ' North: RM-2 " " East: C-1 i West: C-2 South: GU D. Existing use of amendment site and adjacent areas. Amendment Site: Vacanr North: Multifamily Residential East: Vacant West: Vacant > ; South: Park I r .r 3 11 f b 14 . ..,., tt 4' kf r i E. Proposed use of the amendment site including square footage and/or dwelling unit count proposed for each parcel. The amendment site will be used for up to 43 multifamily units. F. Maximum allowable development under existing designation for the site. The maximum allowable development allowed on the site is 25,000 square feet of commercial buildings. G. Maximum allowable development under proposed designation for the site. The owners anticipate using the amendment site for multifamily residential that is similar to i ! the structure located to the notch of the subject property.. The maximum development allowed by the proposed change is 66 units. r , 3 6. A. &ANTTA$X SEW .R ANAi.ySdS �� = 6 1. Provide the adopted level of service standard for the service area in { t ' y which the amendment is located and the current level of service. The level of service for retail space is .I gallon per day average daily flow for each square foot of retail space. This is based on the City of Dania Comprehensive Plan r which sets the level of service for average daily flows for different land uses. If this land use amendment is approved the level of service will be 250 -300 gallons a per day per unit. 7 1 2. Identify the facilities serving the service area in which the F { amendment is located including the plant capacity, current demand on f1 plant capacity and committed plant capacity. , , 4 A The amendment site is served by the Hollywood Regional Wastewater Treatment LL ' Plant. This Plant has a design capacity of 42 million gallons per day(MGD). The . plant is presently has an average flow of 31.8 MGD. Based on the remaining d; capacity sufficient capacity exists for the requested amendment. t x � 3. Identify the additional demand resulting from this amendment - provide calculations including assumed demand per square foot orFx y h dwelling unit. It is anticipated that the proposed use will generate 19,800 gallons per day of effluent. The site is presently vested for 2500 gallons per day. This means that the proposed amendment will increase demand on the Hollywood Regional Wastewater Treatment Plant by 17,300 gallons per day. ti : s •r h. 4 r , } 3+ Flr1 tll 1 f. } 1 4. Identify the projected plant capacity and demand for the short and long range planning horizons as identified within the adopted comprehensive plan - provide demand projections and information i regarding planned capacity expansions including year, identified +1 funding sources and other relevant information. ♦ ! The Hollywood Regional Wastewater Treatment Plant has a design capacity of 59 !!! MGD. The projected annual daily flow for 1995 was 34.5 MGD with an actual ' flow of 31.8 MGD. The projected flow for the year 2000 is 38.6 MGD. At the 9 present time it is not anticipated that the plant capacity will be increased in the near future. At the present time the Plant is operating at 53% of capacity. Identify the existing and planned service to site - provide information regarding existing and proposed trunk lines and lateral hookups to 4 the amendment site. .� Sewer mains are available in the area of the site. No additional mains or major trunk lines are anticipated at this time to serve the proposed development. 6. Letter from utility verifying the above information. c This letter has been requested from the City of Hollywood and will be forwarded to the City of Dania once it is received + B . POTABLE WATER ANA y4 Provide the adopted level of service standard for the service area in � I which the amendment is located and the current level of service. tr The adopted Level of Service for potable water service is .1 gallons per day for t each square foot of retail space. The City of Dania Comprehensive Plan sets this as an average daily flow for retail space. If this land use amendment is approved the a level of service will be 250-300 gallons per unit per day. 4 t'4 2. Identify the facilities servicing the service area in which the ry!, amendment is located including the plant capacity, current demand t j; • ju7 and committed demand. The amendment site is presently served by the City of Dania. The Dania Water 2 Treatment Plant has a design capacity of 3.0 MGD. The average Daily Flow at the 1 Plant is 2.8 MGD. 3. Identify the additional potable water demand resulting from this amendment - provide calculations including assumed demand per I square foot or dwelling unit. r It is anticipated that the proposed use will use 19,800 gallons per day of potable water. The site is presently vested for 2500 gallons per day. This means that the proposed amendment will increase demand on the Dania Water Treatment Plant by 17,300 GPD. ` 4 S 5 , + W1 mq i� T r ��x '1r , y� 3 y; 4. Identify the projected or planned capacity for the short and long range planning horizons as included within the adopted comprehensive plan - provide demand projections and information regarding planned plant capacity expansions including year, funding and other relevant information. If additional wellfields are planned s provide status including the status of any permit applications. The Dania Water Treatment Plant is presently operating at 93.3% of its capacity. No additional expansions of the plant are planned at this time. 5. Identify the existing and planned service to site - provide information regarding existing hookups to the amendment site. Water mains are available in the area of the site. No additional mains or major trunk lines are anticipated at this time to serve the proposed development. r -1 6. Letter from utility verifying the above information. '+ A letter has been requested from the City of Dania Utility Department and will be ' made available as soon as it is received. 1 C. DRAINAGE. ANALYSIS Provide the adopted level of service standard for the service area in which the amendment is located and the current level of service. t v The level of service for the area in which the proposed amendment is located is determined by the South Florida Building Code and the South Florida Water ;+ Management District as referenced in the Dania Comprehensive Plan. 2. Identify the facilities serving the service area in which the amendment site is located. t The drainage in the area of the amendment is controlled by a South Florida Water t x' Management through a system of canals and pumps in the immediate area. 3. Identify any planned drainage improvements including year, funding r, sources and other relevant information. �`4 s 1 Drainage improvements to the amendment site will be addressed at the time of site plan review. The retention requirement for the site is the first one inch of runoff. S t ' Land will be reserved on the site to handle this runoff. Drainage for this parcel of land will be greatly improved because the residential use being requested will leave more pervious area on the site than a commercial development. 4. Indicate if a' Basin Surface Water Management Plan has been approved by the South Florida Water Management District for the amendment area. Also, indicate if the Basin Surface Water Management Plan is Currently undergoing review for modification. Not Applicable. u L ' I. i 6 ,j rr c. a t � sr i ��1'J ,t::•1 ��1 E i 1 i fThe existing capacity of the Reuter facility is 200,000 tons per day with the facility receiving 175,000 tons per day. This facility can be expanded to 300,000 tons per day. 5. Identify the existing and planned service to site. It is anticipated that private waste haulers will service the site. 6. Letter from service provider verifying the above information. A letter has been requested from a service provider and from Reuter verifying the above information. It will be made available as soon as it is received. x E. RECREATION AND OPEN SPACE-ANALYSIS 1. Provide the adopted level of service standard for the service area in `5 which the amendment site is located and the current level of service. { The adopted level of service as stated in the Dania Comprehensive Plan is 3.0 acres per 1000 persons. t 2. Identify the parks serving the service area in which the amendment site is located including acreage and facility type e.g. neighborhood, s : community or regional park. j Dania Elementary School -2.6 acres -neighborhood Southeast Park- 10 acres -neighborhood T ' 3 Olsen Middle School -9.9 acres- neighborhood t ;: Westlake Park(Miller Tract)- 85 acres -regional 3. Identify the additional need for park acreage resulting from this amendment. �G k � It is expected that the proposed development will generate 227 persons. This is ankti increased demand of.23 acres of land for parks. The applicant will pay recreation impact fees to mitigate this demand at the time of building permit..t rya ' Identify i 4.! , y the projected park needs for the short and long range planning horizons as identified within the adopted comprehensive plan - provide need projections and information regarding planned capacity expansions including year, identified funding sources and other relevant information. { The City of Dania is responsible for providing 36 acres of parks based on a population of 12,000 residents. Since the City has an inventory of 88 acres it is not anticipated that any needs to provide for additional parks will arise. 4 �i 8 1{ i d ' 4 d t _ �1��1 T-a t✓ 4 1 _'; l 4 yr{lA G �r v >r ' 1 F. TRAFFIC CIRCULATION ANA .YSIS 1. Identify the roadways serving the site and indicate the number of lanes, current traffic volumes, adopted level .of service and current level of service for each roadway. Existing Current Adopted Pres Roadway LanCS Volume LQIVL- LS?� Sheridan Street 6 27.6 D B 2. Identify the projected level of service for the affected roadways for the short (five year) long term (2010) planning horizons. Note a r'• source if not from the Metropolitan Planning Organization plans and projections. The projected level of service for Sheridan Street is for the short term B. In the year 2010 the projected level of service is C. 3• Analyze the traffic impact from this amendment - calculate anticipated ( fl number of trips for the existing and proposed land use designations. r.. distribute the additional trips on the roadway network and identify the resulting level of service change for the short (five year) and long range (2010) planning horizons. ! ` - The proposed use will generate 449 trips per day. The site is presently vested for P } x 2,947 trips per day. The total decrease in trips is 2,498 trips per day. The levels of ` service for roads in the area will not be compromised. r fib G . PUBLIC EDU .ATION ANALYSIS 1 '1 1. Identify the existing public elementary and secondary education facilities serving the area in which the amendment site is located. i The schools that serve this site are as follows: ', tr The schools that serve this site are as follows: Dania Elementary,Olsen Middle and South Broward High School. Jk t 2. Identify the existing school enrollment and permanent design capacity of the public elementary and secondary education facilities serving the area. 1 Existing Enrollment: i School Design Ca a itv Under/Over Enrollment Dania Elementary 597 731 +134 Olsen Middle 1713 1377 -336 South Broward 1647 2068 +421 JL ` j . p 9 d rs f ti :'• r l' J+ r + a y + l 'fitq+a�6 Y ♦[uc: '.moMn- £ i ,' 1' IM �l 1 i , C. Wetlands. t The amendment site contains no wetlands. This will be confirmed by Broward County DNRP in writing prior to final approval of this amendment. t �! D. Local Area of Particular Concern as identified within Broward ii County Land Use Plan. Y d' �! The amendment site is not in a Local Area of Particular Concern. II E. "Endangered" or "threatened species" or "species of special concern". If yes, identify the species and show the habitat location "r on a map. ° There are no endangered or threatened species or species of special concern on or ? affecting the subject site. ; F. Plants listed in the Regulated Plant Index of protection by the Florida ; f Department of Agriculture and Consumer Services. ' The amendment site contains no plants listed in the regulated Plant Index for '' t „> Y" protection, G . Wellfields - indicate whether the amendment site is located within a z l well field protection zone of influence as defined by Broward ° < } County's "Potable Water Supply Wellfleld Protection Zone of iw- Influence" Ordinance. If so, specify the affected zone and any " # provisions which will be made to protect the wellfield. Pr s YrM + J a •'' � There are no wellfields in this area. 3 i H . Soils - describe whether the amendment site will require the 1 ;A alteration of soil conditions or topography. If so, describe what management practices will be used to protect or mitigate the area's natural features. g Site preparation for construction will be required to meet floor and drainage criteria , , on the site. 4 r Yf ,iS . ..- gel :t I. Beach Access - Indicate if the amendment site is on the ocean front. If so describe what impact, if any, it will have on public beach t access. t f f Not Applicable. 8. LAND USE COMPATIBILITY Describe how the amendment is consistent with existing and proposed land uses in area and what provisions have or will be made to ensure land use compatibility. See Section 3.C. ,i u y ° i f'rl7J11 f X 4 10, y X ✓" 1 � ,: i' d��'nYy'SY ��k }✓.-ter.;l y �� S I+ ; I' 1 7 x_; Objective 08.03 Efficient Use of Urban Services, of the Future Land Use Element of the Broward r County Comprehensive Plan as well as Policy 08.03. 01, Policy 08.03. 02 of the same section are implemented by this amendment because the proposed amendment is located in an area that has adequate services to serve the development and locates pop area area population in an are that receives ! v urban services. 14. CONSISTEN Y WITH STATE PLAN Listing entitled " Consistency of the Local Comprehensive Plan Amendment with the State comprehensive Plan." which lists the State Comprehensive Plan goals and policies which are addressed by the plan amendment. This amendment implements Chapter 187 Section 187.201 1( 6) which calls for directing Fht development to areas that have infrastructure adequate to serve a proposed development. In 4 , addition Chapter 187 Section 187.201(5)is being implemented because the proposed developments is adding affordable rental units to the general housing stock of the State. 1� rJ�, 1 � w M :t lam'.. :y riy ar 1 1 } ° Yr S xtli a,` tis y �1;k,13 f• t s r t . . i 13 1 � 1; � A . �t t' a j4 li h J J �! 5 1,1 3 � r sL, o6. n ► � ocw r � O -"PL. u.vi u to • q O L e O L r r u L • D NInC pt. rp . Q et CIp ;. a@C a O eyyr fl pt �D p • {. O S 6 h ���0 el d 4 • u a t•,. J • A • e 4 Gl ® •g 0.0 O &~. 4. e O yya� g � �►. '° a,. `,r• .Q " $ ,'� s � ° � � � M � a � c. gee • L. a 0� O p c (r o V p 3 O o 'i 40i O a -• O e N S oe 4 44. 4w 6 4ad � a 0Lao 401•i � e VIAj NO 0 0 �0 ev t000 pp tvv p @� dddtldiiiii .{ el pp Le IF 40 rq 4. •• r ° Ot., b � p tl C Q MJ r to Zs : Mp► t . V O ® 9 e • D V .� L OC ae y 0 6 a1 m ( . b Sq D 4 . o Im 1e� ¢�� a s •- y ro G 1`°. 0 �� Qs O O al b • • � 3 yhG] ® O a In E� N M O O � ^'ND .. 5 uaa cc •+o^ 6a+ u f. o p po pry p tfl. .•i �0 g® 7� ~ O ~ N ® ti G 1� . <, ' • U 21 � � � � wv � N � � � oC � p O � r O � � O p e m /J �, y4 • e r .e 0 **e pp tT � 1. Ea C I '• i a d A e e ® SJ r «I'm d a ' `• La, a eeS ® eoe`7Jr .� pp ppp Q .ym {� ��fpp o Q .lerp as p? at s rS L • ve; � am � t°. 6�► � r06, e 9 C OCf C � r^ U L. • pE . r 1J w A r w e A r•.r p ® it • dc L cJ C m N 6 U .p, art. ■ �. .. • �i R to k y w p u C w L O «i • y C� i i, ® p Oa O r O rc .. a 66, f�' a 0 rD 1-y �` 49 m � �+ o Id � eN 01. 4 UB 40 i d 0. ee pp Gt{Lq~�d71 Lp i � a m ® .+ srv � eo r yp� .66i or 6 e � 1Quj fy0 % g .. O d .a O a O C p o • OG� pp--• tl J rlQr � ` 0 67 Ufa Inw r . : U r O R i. , L • i r � G ryfi , .. 1 ' a I I i 0 a W F d JJ { ' Q i U MiY�q N � W , � O i Y IL F ? U O 7 � K } W O M U II O = N W G NO < t. ZO a { n Y.h tY� ♦ \ \ \ \ ,�\. \ \1\. vS4IN �� \ \\\♦\ \. " il� �\•\ t\\`v �� �� YVYY\\�\\` \ME INN Im%x, 1 >a� m MI., k10\1 \`lv l \ z t1r •'' \ 7 �' t �� .�1i1\t`;.- . �l\,\`.a.\..\'a1s: '�?a'�W. 'tt, :+.i\>•...:�t.�\'t't��\\,s♦.v\� 1 pp \'\\ \t\t\'\ \ \ t \\t \ \•\ �\ \' \♦ 1 `1 1 t \ \ \♦ ` \\\1 \ \\,1,� \� ` \ \v\ \\\ � \ \ i F i J t. �. 1 ! 1 l f v t � V i f � t it Y •1. 1 d 1 x Page 2 F which is 25 feet wide. It is suggested that 10 feet be deeded to the abutting property. This will leave 15 feet if utilities are ever extended throgh the area but will make it clear that the road should not be extended to the south. A resolution has been prepared for r r the City Commissions consideration which approves a quit claim deed for the easterly 10 feet of the 25 feet of the roadway easement. ! 1�'� �i 1 • 1 t 1r p 3 '1 } t 1+J� f rY � > r i•r v 1 4 iL= w,� Syr x 4 t �A y� 4 r .. f 1,N. r I 'r l + a f•� �+ qP.He. .l A ! 7 r ( i f � zx �' 1 ! j P fi $b W r� �{t +T z aNxnr.ait Jr SI r 1 i 5v + qr, z c�j ik a itl r 1 i v, A`ts�'rrkl� ------------------- F7 t I iC RESOLUTION NO. A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING A QUIT CLAIM DEED FROM THE CITY OF DANIA TO CHARLES E. PAOLI, JR. FOR THE FOLLOWING DESCRIBED PIECE OR PARCEL OF LAND, TO-WIT: THE EAST 10 FEET OF THE WEST 25 FEET OF THE SOUTH 120 FEET OF THE NORTH 888 FEET, LESS THE EAST 395 FEET AND LESS THE WEST 145 FEET THEREOF OF TRACTS 9 AND 10, BLOCK 1, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS SHOWN BY PLAT AS RECORDED IN PLAT BOOK 2, PAGE 32, PUBLIC RECORDS OF DADE COUNTY, FLORIDA; SAID LAND �s SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; AND t f'• PROVIDING FOR AN EFFECTIVE DATE. `fit WHEREAS, road easement has been reserved on the West 25' (Twenty Five f 'I w Feet) as contained in the Warranty Deed recorded August 2, 1976 in O.R. Book 6673, ,� Page 728 for property identified by parcel number 50 42 32 02 02.1; and to t: i5 .• r, 1 r WHEREAS, the City of Dania has found that all 25' (Twenty Five Feet) y previously reserved is not necessary for use as a road easement; and ° } ... ' f r. WHEREAS, it is the City's desire to give back to the property owner the East 10, (Ten Feet) of the previously reserved real property which is the subject matter of the within described quit-claim deed. t NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 4s. ! ti. CITY OF DANIA, FLORIDA: y' r *r Section 1. That the granting of that certain quit-claim deed from the City of a ' S ! �!Y Dania to Charles E. Paoli, Jr., a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby authorized t and directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. , t Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. t . r; 4 , RESOLUTION NO. Y Y ' 1 C i L � t II 1 1 t t t t cl� 1 t1 i Z 1 \ll rl r y.i C? a ( r i II j Prepared by: Charles E. Paoli, Jr. 1720 Harrison St. 1 Hollywood, FL 33020 Return to: Charles E. Paoli, Jr. I 1720 Harrison St. I Hollywood, FL 33020 M Folio No: 02-32-02-0281 �T -j THIS QUIT CLAIM DEED, executed this day of 1996 by CITY OF DANIA, a Municipal Corporation, of 100 W. Dania Beach Boulevard, Dania, Florida 33004, first party, to CHRISTOPHER C. PAOLI, of 4818 Cleveland St., Hollywood, Florida 33021, second party, rry.. WITNESSETH, That the said first party, for and in consideration of the r sum of TEN ($10.00) DOLLARS and other good and valuable considerations in hand J paid by the said second party, the receipt of whereof is hereby acknowledged, , + does hereby remise, release and quit-claim unto the said second party forever, all the right, title, interest, claim and demand which the said first partyts has in and to the following described s g piece or parcel of -and, situate, lying •SJ and being in the County of Brovard State of Florida, to-wit: The East 10 feet of the West 25 feet of the South 120 feet k, f -r of the North 888 feet, less the East 395 feet and less the West 145 feet thereof of Tracts 9 and 10, Block 1, Section 32, Township 50 South, Range 42 East, as shown by plat as recorded r ` in Plat Book 2, Page 32, Public Records of Dade County, Florida. " + : +r a Said land situate, lying and being in Broward County, Florida. n ( a TO HAVE AND TO HOLD, the same together with all and singular the S appurtenances thereunto belonging or in anywise appertaining, and all the dd ` estate, right, title, interest, lien, equity and claim whatsoever of the said f :a4'v4 r , rf first party, either in law ore equity, to the only p q Y, y proper use, benefit and T fit* c c behoof of the said second party forever. t s4 rp(t Jj .r r^1 ,'., .y. IN WITNESS WHEREOF, the said first party has signed and sealed these t. presents the day and year first above written. Signed, sealed and delivered in ';' �*° i presence of: CITY OF DANIA, FLORIDA ��+• r i♦ Y rA Yj '� o (First Witness) JOHN BERTINO, MAYOR L.S. yx i Typed or Printed Name L.S. ` 1 MICHAEL SMITH, CITY MANAGER A t ° L.S. (S econd Witness) MARIE JABALEE, CITY CLERK . (•' Typed or Printed Name STATE OF FLORIDA "•' i COUNTY OF BROWARD The foregoing instrument was acknowledged before me this day of r 1996, by JOHN BERTINO, MAYOR; MICHAEL SMITH, CITY MANAGER; and MARIE JABALEE, CITY CLERK, being the Mayor, City Manager and City Clerk, ,. respectively, of the CITY OF DANIA, a Municipal Corporation of Florida, who are personally known to me or ( ) who have produced as identification and who did not take an oath. r r 1 , My commission expires: •; !� Notary Public 1 BIT r F \ 1 Pr-,�� ✓ r T. , t, , i;11 , kA. ; 'a4, f., MEN APPLICATION FOR SITE PLAN APPROVAL i CITY OF DANIA 100 WEST DANIA BEACH BOULEVARD DANIA, FLORIDA 33004 l 305/921.8700 ' APPLICATION NUMBER © Ne• v DATE 9 �� The undersigned petitions the Growth Management Department and/or the City , 3 Commission of the Cityp of Dania to consider site Ian a pproval on the parcel (s) of land descrbed in this application. "y NAME OF APPLICANT: ADDRESS OF APPLICANT: If/8 M e-k,,. /,- T, - PHONE NUMBER: (9S%J �81- 79�� ' FAX NUMBER: 9S� 963-353�. as I nr i r PROPERTY INTEREST OF APPLICANT: NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT): (� t � ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 1 t= L 1 EXISTING LAND USE DESIGNATION: ° EXISTING ZONING: �u � LOT SIZE: ACREAGE: SQ. FT. 9/ 00 �r , i 1J if t r n, w<r 7 1 e t i 3 e Y ✓ 1H �✓ Y fly y . ��. - w'c x t ae f �r Y j f DESCRIPTION OF PROJECT. ©A/e SECTION: 3 Z TOWNSHIP: S� suE RANGE: 5lZ sT TAX FOLIO NUMBER: .5O 92 3 RECORDED PLAT NAME: IS?otdgiui i9rr��y�t `f E ------------- PLAT BOOK: PAGE: LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT rzs�� t r REQUIRED TO SUPPORT THIS APPLICATION: MAY BE f .y lib Y f �j`a J11 i t r r . } ANY-OTHER INFORMATION IS SUPPORT OF THIS APPLICATION, 3 77ye �io�a / �'4s7 Chi-r�P odaIlp ovooAc GBa. A it r " Iy 4 � Sys' r r �iQw 4^ �7 � I 1. AA y t"(ill, • � �.�� - 5"/! '2 Boggs—Hutchison & Associates, Inc. 2411 Hollywood.Blvd. Professional Surveyors Hollywood, Flaridd 33020 [ LAND SURVEY CERTIFIED TO: Phone (305) 922-4579 e P A 0 L I e .` LEGAL DESCRIPTION: ABBREVIATION LEGEND THE SOUTH 12D FEET OF THE NORTH 888 FEET, LESS THE EAST 395 FEET AC. - AVERAGE GRADE AND LESS THE WEST 145 FEET THEREOF OF TRACTS 9 AND 10. BLOCK 1. Q - CENTERLINE t SECTION 32, TOWNSHIP 50 SOUM, RANGE 42 EAST,AS SHOWN BY PLAT AS C.B.S.- CONCRETE BLOCK STRUCTURE e RECORDED IN PUT BOOK 2. PAGE 32. PUBLIC RECORDS OF DADE COUNTY, CONC.- CONCRETE FLORIDA THE WEST 25 FEET ANO THE NORTH 25 FEET OF THE ABOVE FND. - FOUND DESCRIBED PARCEL ARE RESERVED FOR ROAD PURPOSES. THE SOUTH 5 N.T.S. - NOT TO SCALE FEET OF THE ABOVE DESCRIBED PARCEL IS RESERVED FOR INSTALLATION R/W - RIGHT OF WAY OF PUBLIC UTILITIES. SAID LAND SENATE, LYING AND BONG IN CLF - CHAIN LINK FENCE BROWARD COUNTY. FLORIDA LB. - LICENSED BUSINESS B/W - BACK OF WALK WD - WOOD PROPERTY ADDRESS: PP - POWER POLE t OHL - OVERHEAD UNE S.W. 491N COURT O/L - @I UNE FORT LAUDERDALE. FLORIDA O/S - OFFSET I. WM - WATER METER CERTIFIED T0: O.P. - OPEN PORCH h 1. CHR6 PAOU r dill `� '� S. 49TH COURT JNv C sn eN A 120.20' W Le.Nu (15' ROOK ROAD) tES%'✓ 1 I" �l I• Y: (. 33'ROAD GSE4ENT y _ _ _ _ 95.25' —, n Mo. ire 4 1t ]/C RP[ F 13,l "Ld I'i Ld ,Y t 8 o a} r Zto GRIFFIN ROAD N 8 -y yy yy V y k It% Sw.NM CI SR RNCAP a Mbw CM91 < 'J "t ' 10 O.SbLHaRnk L, - - - - - - - - Lx�� c i2-+a elaK I aTmsT[a ` 120.44' ( 'A-4I A'a1 lNp.PIN k 4 LOCATION 14054TION SKETCH i I" N.T.S. ww mr sac now oav row ulwr ra.v, .I vm o.rt m r.el w I nca or.Arao[v4ra X 1 , REVISIONS NOTES I hereby certify that I have mode a recent survey of the above described property, end It is true and correct to the beet of my knowledge and belief. 1 obo certify that there are no above 7 ground encroachments, unless otherwise noted. I further csrtily lhol the survey represented hereon meats the MINIMUM Underground locations and/or underground encroachments, if TECHNIGL STANDARDS adopted by the Florida Board of Land onThyI ore not shown unless aed for indicated. Surveyors, in Chapter 6}p37--{rot,the Florida Administrative Code. 4 way survey was not abstracted for easements and/or right-of- pursuant to Section 2.027, as statute, way ti record. Elevations are relative to Notional Geodetic Vertical Datum of 1929 Dated 1 ' InH do ARRI 96 A.D. a and are indicated D� Deina undedinetl. Banc ITC5 14 SPIKE A EAST /P ON S.W. 27TH TEPR AT S PROPERTY LINE Of TIES 4901 Elevation. B.JNF Bearing, Based Cr: ANGLE$ MEASURED IN FIELp DALf S. HUTCHISON Lod Dw : 96-0159 E.M.B. Checketl b : Reg. Surveyor No. 3823 }L S Scale 1 20' Stale of Florida I Growing 96-ID �r I 1 I f � In t rA� K r+ t d � i �Ir I Ie I A 1' d}Ljfr �y ._ ..___._.. ....._.. * :.ate _. I f i I i } I CITY OF DANIA INTEROFFICE MEMORANDUM GROWTH MANAGEMENT DIRECTOR f i TO: Michael Smith City Manager 1 FROM: Will Allen //'.11 t Growth Management Director 60 1 RE: One Year Revision of Air Dania Motocross park ;�'�P Yi 3��RlV Date: March 19, 1996 ra, 4 Air Dania Motocross park located on SW 36 Street has been operating for one year. s ' The approval of the special exception was subject to a number of conditions. After one 'a t, year of operations, the City Commission is to review the approval. Please schedule this -; review for an upcoming meeting. This review is to be based on complying with the conditions placed by the City Commission. Minutes of the May 24, 1994 City s Commission meeting which approved special exception with conditions are attached. t There are no permanent facilities on the site. Port-a-lets are provided rather than 1 {; restrooms. The port-a-lets have been maintained and have presented no problem. No „ x permanent buildings can be constructed until the property is platted. Platting was to ; `< have begun within six months after the facility opened. No petition for platting was ' IT received. The temporary facilities have not created a problem. " 2 ` t 'sY The experience with lime paved aisles as opposed to asphalt pavement has been good. z , ~ Dust has not been a major problem as the area is irrigated. i The attached memo was sent to the appropriate departments of the City to address whether there have been any complaints or compliments about the operation of the I t: motocross park in relation to the conditions placed by the City Commission. In general, department representatives report there haven't been problems. Chief Frey of B.S.O. has indicated no problems with the operation. Noise was the biggest issue in the review of this use. Chief Frey indicates there has not been a problem. It was also indicated that there have not been problems with hours of operation or with sales of alcoholic beverages. t Jf ( YY k S q x i Sd t Jpf�[,e � 9i kt x e i i. �� ( :. • ., �i. - I - Tar 4 � �: f y i I I 1, i i 2. PROCLAMATIONS -none 1 f ' ' t 3. BIDS • non® L. !Y 1 4. PUBLIC HEARINGS ((( 4.1 WAS HEARD AFTER 8.2 , b f 4.1 Will Allen, Growth Management Director, advised that an ordinance was adopted 3 covering a zoning text amendment to the Broward County Code to include Motocross Parks �3z;ky? as a Special Exception use in the M-1 district. The Planning & Zoning board approved the Special Exception use for South Florida Sports Committee, Inc. for a motocross track which isVg °} . > consistent with Section 6.40 of the zoning code. Mr. Allen presented the board's recommendations on conditions to be added to this request. i Tom Laubehthal, Landscape Architect for South Florida Sports Committee, Inc., presented 1 his support of the special exception conditions as presented by Mr. Allen. A) Mayor Mikes opened the public hearing on the Special Exception to allow construction of a motocross park facility. A Jay Field questioned what will happen after the 6 months noise monitoring period. Mr.Allen clarified that any problems would be addressed after the one q Year requirement and additional j conditions would be added if necessary. _ I Regarding noise impact, Commissioner Hyde suggested to use the City's own portable noise monitor and have the petitioner pay the cost for BSO to conduct the noise tests. Hearing no further comments, the Mayor closed the public hearing. ' Y A motion was made b Vice Mayor Grace seconded b Y Y Commissioner Hyde et Y y o approve SE- 20-93 as requested by South Florida Sports Committee, Inc. with the following conditions: � 4` _ 1. Special Exception be granted for one year; a) Status of Platting- Platting should begin within six months after the facility opens. Platting is necessary to build any permanent facilities; b) Noise Considerations; c) Review experience with lime paved aisles versus asphalt pavement; d) Restrooms versus porta-lets; e) Review of sale of alcoholic beverages; f) Hours of operation Y REGULAR MEETING 2 MAY 24, 1994 ' s r jt' at` + if l " r Y 'J, JI I' 2. The use must comply with Article IV- Noise of Chapter 17 of the Dania Code of Ordinances. r a) Section 17-86 establishes permissible sound levels which may be received by land use ` categories. The sound which may be received in a residential area from 7:00 a.m. to 10:00 p.m. is 66 dB(A). I b) The City of Dania shall monitor the events a minimum of once a month for each of the first six months of operation at the Dania Cutoff Canal" ++i 1. The petitioner shall pay all costs of such testing and shall contact BSO 'r + to arrange this testing I e ) I r 2. Continuing failure to meet noise requirements shall result in the City a r � Commission revoking the special exception. 3. An 8' wall shall be constructed along the south property line adjacent to the track uJ: : along with a bordering hedge to help muffle noise to the south. r ^x3 r' 4. The number of spectators and riders are limited to a maximum of 790 persons at anyi : :. one time. This is based on the site plan with 118 parking spaces in the pit area , x . at 2 persons per vehicle and 118 spectator parking spaces at 3.3 persons per vehicle. w ' 5. The track may not be open for events and the practice more than 90 days per year. s ' r a) The track shall not be open for practices more than one weekday per week. y b) Each weekend day open is considered an event. s � f � 6. The hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. . 4, 7. The special exception is based on the site plan dated May 19, 1994. Any changes to the site plan with the exception of track layout must be approved by the City Commission. 8. No overnight stays shall be permitted on the premises with the exception of i a security guard. 9 If alcoholic beverages are sold, there must be compliance with the responsible 1 vendor program. Sale of alcoholic beverages cannot occur after 9:30 p.m. XL • 1 .I REGULAR MEETING� 3 MAY 249 1994 1 �3 p' S F gut. `��s+.,r.G, Y t.,i `_i , y:J. .^�, w".'`"wParww'�'•-,�7' : j The motion to approve SE-20-93 passed on the following roll call vote: ' Commissioner Bertino - yes Commissioner H de • yes Y Commissioner Jones . yes Vice Mayor Grace - yes Mayor Mikes - no 4AB) Mayor Mikes opened the public hearing on the variance request to allow unimproved r parking lot aisles to support special use activities (code requires a 6" course of native limerock surfaced with asphaltic concrete or portland concrete material). Hearing no one speak in favor or opposition, the Mayor closed the public hearing. • A motion was made by Commissioner Bertino, seconded by Vice Mayor Grace to grant the variance (VA-41-93) with the condition that it be reviewed in one year. The motion passed on the following roll call vote: Commissioner Bertino -yes Commissioner Hyde-yes ;t Commissioner Jones -yes Vice Mayor Grace-yes „ft Mayor Mikes - yes 4.1C) Will Allen, Growth Management Director, advised that the Site Plan request meets the " Code requirements with the exception of the variance that was just granted. The site plan includes the latest landscape code requirements which involve additional trees and the } ` petitioner has agreed to include the additional trees voluntarily. Vice Mayor Grace clarified tr that the site plan includes hedge planting along the wall on the south property line. ' Mayor Mikes opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. . *� A motion was made by Commissioner Hyde,seconded by Commissioner Jones to grant Site s. 3 Plan SP-33-93 approval dated May 19 1994 as requested b South Florida Sports ( ) PP Y , r q Y Committee, Inc. for a motocross park facility. The motion passed on the following roll call vote: Commissioner Bertino-yes Commissioner Hyde-yes Commissioner Jones - yes Vice Mayor Grace-yes f , ; Mayor Mikes- yes Mr. Pennick stated that South Florida Sports Committee, Inc. has a commitment to the community for participation in employment, in terms of goals, and in working with the schools. The Commission expressed their appreciation to the petitioners for their diligence in pursuing this project after being voted down and for their support of the community. t } REGULAR MEETING 4 MAY 24y 1994 -_ S � v it%y,z7�.T � .'• t y'. �t \��",';i j A• ��� Fey,� fF� !s , .iy, as+ Y w,,• s .. c- , � 1 i� i 8. No overnight stays are permitted on the premises with the exception of a security guard. 9. If alcoholic beverages are sold, there must be compliance with the responsible vendor program. Sale of alcoholic beverages cannot occur after 9:30 p.m. 10. Review the experience of line paved aisles versus asphalt pavement. j 11. Review the use porta-lets versus restrooms. f ` Please respond with your comments by March 12, 1996 so that I can prepare a report for the March 26,1996 City Commission meeting. x1 CC: Mike Smith, City Manager Brian Pennick, S. FL. Sports Committee, Inc. �kAr WA;Ic t + 8 •' f 4 1 C Y.1 s n yy ° ti v L �t 1 r i 1 n 1 y t Y+ { + I f , t r , �'5 y�rt�y'.1 a+yt fr ,J� � w � u�elk4t�C F Y 4f �t,RThl " •;' !_ _M'_�{ .�'.:. ...__. . .. 4rrsr+..r. .z,+.,, ` y ` a ` ` i,itM1k�tLc>'t�i t i 5 v i CITY OF DANIA 100 W. DANIA BEACH BLVD. P.O. BOX 1706 Phone: (305) 921-0700 DANIA, FL 33004 Fax: (305) 921-2604 i February 3. 1995 i i Brian Pennick South Florida Sports Committee, Inc. 323 SW 79 Avenue North Lauderdale, FI. 33068 Nv Dear Mr. Pennick: Epp M Congratulations on receiving a temporary certificate of occupancy for the Air Dania Motocross Park. This facility was approved by the Dania City Commission on May 24, 1994. The approvals included approval of a special exception use as a motocross facility, a variance from paving requirements, and site plan approval. I Attached for reference is my letter to you dated May 31, 1994 which listed the `z conditions of approval. Please be familiar with these conditions. The special exception was granted for a period of one year. The special exception will be reviewed next February based on the performance during the first year in terms of compliance with the t' ' conditions stipulated by the City Commission. One of the conditions is that platting should begin within six months after the facility v. opens. Platting is necessary to build any permanent facilities. The facility will also be { reviewed based on noise considerations. This is probably the most sensitive issue. The use must comply with the requirements of Article IV- Noise in Chapter 17 of the r � '.' �; �. Dania Code of Ordinances. The City of Dania will monitor the events a minimum of a;,�, ' a' once a month for each of the first six months of operation. Please coordinate this testing with BSO. The cost of the testing is to be paid by your organization. The testing t is to be done at the residential area abutting the Dania Cut-off Canal. Failure to meet noise requirements results in revocation of the special exception. Please have reports 1 copied to my office so they can be made part of the file. [ The track may be open for 90 days per year including events and practice. The hours of operation are limited to 7:00 a.m. to 10:00 p.m. The number of people allowed in the . park is limited to 790 persons. If alcoholic beverages are to be sold, there must be compliance with a responsible r vendor program. Sale of alcoholic beverages shall not occur after 9:30 p.m. fr t kVo F F� ry F , _ , , �If�•e , ,a�E < '� a ,9t �.i`•�' y r; . r r ` M 1 Y 1 PAGE 2 MOTOCROSS Good luck with your new facility. Upon obtaining an occupational license you may open for business. The special exception and variance will be reviewed by the City Commission in February of 1996. The review will be based on the conditions as j outlined in my letter to you dated May 31, 1994. The factors of noise, platting status, hours of operation, lime paving vs. asphalt paving, sale of alcoholic beverages, and permanent restrooms vs. ports-lets will be reviewed at that time. Once again congratulations and good luck! i Sincerely, Will Allen , ! Growth Management Director ' t v , Enclosure cc: Robert Flatley, City Manager Ken Koch, Building Official Chief Frey, BSO ' Ed Tarmey, Fire Inspector " Dan Oyler, Planner l i y j I J v l y j i , i f t t 4 J� 1 , 4 Yr p 1 1 {. . •. is k. .. 4 +�J�A3S?:1' 8. DISCUSSION AND POSSIBLE ACTION i 8.1 WAS HEARD AFTER ITEM 4.3. 8.1 Approval of astrology/fortuneteller license for Charlotte Williams. (Continued from March 12, 1996, regular meeting) Attorney Harry Hipler advised that an affidavit was faxed to BSO explaining the different names used by Charlotte Williams and that a copy of her social security and drivers license have been provided for clarification. Mr. Hipler stated that BSO has found no criminal charges placed against Charlotte Williams. A motion was made by Commissioner Hyde, seconded by Mayor Bertino, after passing gavel, to approve the astrology/fortuneteller license for Charlotte Williams for a one year period. ' a .. ( ` The motion passed on the following roll call vote: t-. r: Commissioner Hyde - yes Commissioner Jones -yes r Commissioner Mikes - no Vice Mayor Grace - no Mayor Bertino - yes 1 ITEM 7.1 WAS HEARD AFTER ITEM 8.1 1 !' 8.2 One year review of conditions to Special Exception (SE-20-93) granted on May 24, 1994, for Air Dania Motocross Park (South Florida Sports y Committee, Inc.) (Staff). City Manager Smith advised that Air Dania Motocross Park has been operating since May 1994 and that the extension on their Special Exception expires at the end of this month. Brian Pennick, South Florida Sports Committee, Inc., mentioned that they ' I. have followed the criteria outlined in the summary of conditions included in the Special Exception approval in 1994. The platting process has begun and there are no permanent buildings currently on the site. Mr. Pennick updated and reviewed each condition with the Commission. Commissioner Hyde commended South Florida Sports Committee, Inc. for their cooperation in working with the community and City of Dania and mentioned the promotional benefits that have been provided to the City. i REGULAR MEETING 15 MARCH 26, 1996 14 r� p lY �r l ar w , 1 . f A motion was made by Commissioner Jones, seconded by Commissioner Hyde to extend the Special Exception for 120 days. The motion passed on the following roll call vote: Commissioner Hyde - yes Commissioner Jones -yes Commissioner Mikes - yes Vice Mayor Grace - yes Mayor Bertino - yes 8.3 Selection of Personnel Director. (Continue to April 9, 1996, regular meeting) I 8.4 Report on Big Nassau Daddy property. , City Manager Smith mentioned that staff has met with the property j occupant for the Big Nassau Daddy P g y property and that inspections have prompted more violations to the building for mechanical, plumbing, electrical, and fire safety. There was an addition added to the building a few years ago without permits and the construction is substandard. Presently, some of the junk has been removed and the occupant is going to ask for an extension on the eviction notice to obtain an engineering f study to determine the extent of the corrections neede d to the structure. Extensive work is needed to bring the property up to meet the C-2 zoning ; code in regards to paving, parking, landscape and signage requirements. r` i The septic tank business that historically operated on the site cannot continue and the only approved use would be office. Mr. Smith stated that staff has determined that the occupant does not have the will or ability to bring the property into compliance in the near future. The property will continue to be an eyesore and a problem for ='^ } Code Enforcement. He recommended to go forward with the eviction i action so that the City can sell the property and recoup some of the costs. ` � r• X Clarence Mitchell came forward to explain that he is trying to purchase the property as Herbert Smith, owner, was foreclosed on. He mentioned his plans to have an engineer look at the building tomorrow and to pay the i ; City $25,000 to resolve the matter. i Will Allen, Growth Management Director, stated that the property has been a problem for 10 years and concurred with the City Manager to clean u the property and sell it. Mc P Smith P P Y added that the City t cannot sell the property until the violations are resolved and that he would supply • the information on the violations to the Commission. rx i REGULAR MEETING 16 MARCH 26, 1996 5 a ! F9�6 t. : r. r APPOINTMENTS NEEDED AIRPORT ADVISORY BOARD (2 year terms) 4 appointments needed Mayor Bertino: 2 appointment (Lyle W. Agnew II -automatically resigned and 1 appointment (vacant) Vice-Mayor Grace: 2 appointments (Evan Leatherman term expired 3/96) (Tony Stevens removed 4/23/96) CIVIL SERVICE BOARD (4 year terms) 1 appointment and 3 nominees needed i tYl' ' Kurt Ely, term to expired 3/96 Commission appointee Sue Ann Truesdale (RESIGNED), term expired 3/96 (3 Commission nominees needed to be submitted to employees for i election.) (Position for Citizen nominated by Commission and elected by employees) e ) CODE ENFORCEMENT BOARD (2 alternates needed) (Alternate) term expired 9/8/95 (Mr. Nuby does not wish to be reappointed) ' a1t1 ' (Alternate) term expired 9/8/95 (Mr. Sloan does not wish to be reappointed) COMMUNITY AFFAIRS ADVISORY BOARD (2 year terms 10 members) 3 appointments 1 Mayor Bertino: 1 appointment Vice-Mayor Grace: 2 appointments , ?. r DANIA ECONOMIC DEVELOPMENT BOARD AND DOWNTOWN REDEVELOPMENT ' AGENCY 2 year terms r 1 appointment neededyi { . ' Comm. Mikes: 1 appointment t HUMAN RELATIONS BOARD (2 year terms) 2 appointments needed Comm. Mikes: 1 appointment Comm. Hyde 1 appointment r F' 1 ri c. r F 1 gAboardstdaplmem ` 11/6/96 a , s J j X )f f '� r' �4'L•�. 13Tv �Jp t• "�, ! q YY a �r UNSAFE STRUCTURES BOARD bear terms) 1 appointment needed ` Appointment of Real Estate Appraiser (position vacant since 1995 - new 3 year term began 3/96 to 3/99. If you are appointing a new member, please use the attached Board Appointment form and include a home and business phone number if possible, For your convenience, M1 SS this form will be provided in your agenda backup for future appointments. Thank you for your assistance. r i f'•ak� � r J, Ir t e ? 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