HomeMy WebLinkAboutNULL (497) THE BEGINNING OF
DECEMBER 09, 1997
WORKSHOP MEETING
1
MINUTES
DANIA CITY COMMISSION
WORKSHOP MEETING
DECEMBER 9, 1997
6:15 P.M.
CALL TO ORDER
ROLL CALL
Present
Vice-Mayor Jim Cali
Commissioners: John Bertino
John Etling
Bill Hyde
City Manager Mike Smith
City Clerk Marie Jabalee
Absent
Mayor Bob Mikes
City Attorney Tim Ryan
1. Interviews with candidates for BSO Chief-Dania District II.
*George Brennan
*Andrew W. Koerick
*Robert A. Anton
The first candidate, Lt. George Brennan, offered the following:
Lt. Brennan has been employed by the Broward Sheriffs Office for the past 22 years.
He started as a road patrol deputy, was promoted to Sargent in 1982 where he headed
the Investigations Unit in the North Broward District for two years. He became a
Detective Sargent in the Investigations Unit and also served in the capacity of Road
Patrol Supervisor for a couple of years. In 1986 he was promoted to Lieutenant and
served as a Shift Commander for a year and a half at which time he was elevated to
Executive Officer in the North Broward District where he served until 1990. He was
transferred to the City of Deerfield Beach and served as Executive Officer until 1993
when he was transferred to the Central Broward District where he has served for the
last five years as Executive Officer. He obtained his Associate's Degree in 1977; his
Bachelor's Degree in 1980 and his Master's Degree in 1984.
In response to Commissioner Hyde's concern on Community Policing, Lt. Brennan
stated that he felt that Deerfield Beach was a step ahead of the rest of the Broward
WORKSHOP MEETING 1 DECEMBER 9, 1997
Sheriffs Office by establishing a working relationship with the City Departments and
working a lot of joint ventures with the different departments.
In response to Commissioner Etling, Lt. Brennan stated that his experience of working
in a similar type area in Deerfield Beach and working with the city department heads
was a plus and would not be a new learning curve for him because he had been trained
in that area. He has been involved in scheduling, planning and coordinating several
joint operations with other law enforcement agencies.
In response to Vice-Mayor Cali's concern on strategies in the Business District, Lt.
Brennan stated that he would like to continue with the current strategies that are in
place including those on prostitution, bike units and crime patterns. Lt. Brennan
mentioned a grant program called "Operation Fresh Start" which he would like to
implement in the Dania Business District. He also mentioned a program called the "A
Car Unit" where Deputies have been assigned to specific residential areas where they
meet with the citizens in the area to find out what their problems and concerns are and
then try to resolve them.
In response to Commissioner Hyde's concern about being able to serve two masters, Lt.
Brennan felt that he was well skilled in the ability to serve two masters, both the City of
Dania and the Broward Sheriffs Office. He stated that he served in the capacity of
Acting Chief for three months in Deerfield Beach during the absence of the Chief.
The second candidate, Lt. Andrew Koerick, was not present due to final exams at the
FBI Academy in Virginia.
The third candidate, Lt. Robert Anton, presented the following:
Lt. Anton grew up in Dania, and currently resides in Dania. He has had 27 years of law
enforcement experience, 21 of those years with a municipality or the Broward Sheriffs
Office. Lt. Anton served as Executive Officer for four years in Dania at which time he
was transferred to Port Everglades where he has served as Commander since May of
1995.
In response to Commissioner Bertino's concern about establishing a Police Athletic
League in Dania, Lt. Anton stated that the possibility of establishing a Police Athletic
League would have to involve community participation and a sight would need to be
identified.
In response to Vice-Mayor Cali's concern on community policing, Lt. Anton stated that
Dania was the front runner in community policing. He intends to continue community
policing and build upon it by getting the neighborhood associations more strongly
involved.
WORKSHOP MEETING 2 DECEMBER 9, 1997
Y
In response to Commissioner Hyde's concern about serving two masters, Lt. Anton
stated he would have no problem serving two masters, both the City of Dania and the
Broward Sheriffs Office.
In response to Commissioner Etling's concern about working in cooperation with the
City of Hollywood, Lt. Anton felt that he had a decent reputation with the City of
Hollywood and would have no problem working cooperatively with them with regard to
prostitution and drug dealings.
In response to Commissioner Bertino's concern about what changes would be made, Lt.
Anton stated that he would not make any significant changes, but would like to take a
hard look at the way the HIDA grant is being used. He felt that Chief Frey did an
excellent job in Dania and would like to continue his work.
In response to Vice-Mayor Cali's concern on special programs for the business district,
Lt. Anton mentioned a program called "Adopt a Business"where the Deputies make
contact twice a month with the different businesses to find out what their problems and
concerns are and would like to implement that program in Dania.
In response to Commissioner Etling's concern about the drug problem in the Modello
Park area, Lt. Anton stated that he would like to study the statistics and find out the
impact the HIDA grant program has had and see if it could be improved upon in order to
cut down on the drug problem in the Modello Park area.
In response to Vice-Mayor Cali's concern on strategies to combat juvenile crime in
Dania, Lt. Anton felt that the truancy program could be built upon by concentrating on
the whole City, not just the east side.
The meeting adjourned.
MAYOR - COMMISSIONER
C C�
CITY CLERK AUDITOR
• I
WORKSHOP MEETING 3 DECEMBER 9, 1997
ti
AGENDA
DANIA CITY COMMISSION
WORKSHOP MEETING
DECEMBER 9, 1997
6:15 P.M.
CONFERENCE ROOM
COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING
OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE
CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING
PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01.93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY
CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS
NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS
SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W. DANIA BEACH BLVD,
DANIA, FL 33004, (954) 921.8700 EXT. 202, AT LEAST 48 HOURS PRIOR TO
MEETING.
CALL TO ORDER
ROLL CALL:
1. Interviews with candidates for BSO Chief-Dania District II.
George Brennan
"Andrew W. Koerick
"Robert A. Anton
Dec-04-97 15:38 BSO Office of Ma;job-S 954 797 0935 P.03
GEORGE BRENNAN
I)rmmar,I ShcrUTt Office- Cbnfrnd ljrmvnrd District --- ---- ---
200 N.W. 27Avenue • Fort Lanelerdale, FL 33311 • (954)321-4800
PERSONAL
Age: 45 -- -
Mmital Status: Married to Adrienne for 185 yea cc
Children: Joshua (10)
Sarah (4)
Shannon (2)
Health: Excellent
EDUCATION
S"I". MNIAS UNTVEILSrf-Y --
Master of Screnre, Human Rrsoarc'ea k A40nngemad, 1984
Dean's Award for F.xcelh'nee issued with detmcc
Nov.A UNIVITY-lY
Bachelor of Science. Crinunni fuxtire, I980
DFAN)UNIOR COLLEGE
Avvorlatc in S'cirncq POlirt Srimuc, 1977
Awarded wdth Honors
PRANK!IN 1-llu i Scltoot.
IlrAdt 5'ehant DI)dvmrt. College Prepararary, I ri70
POLICE EXI'EIHENCE
ISBUWARU SHERIFF'S OFFICE --- --- -- - __
February 23, 1976- Present
19" - Present: Lieutenant, Executive Officer,Central Broward District
1990- 1993: Lictacnant, Cxecutive Officer, Deerfeld Beach District
1988- 1990: Lieutenant, laecutive Officer, North Broward District
1986- 1988: Lieutenant,Shift Commander, North Broward District
1985 - 1946: Detective Sngeant, Robbery Unit, Criminal Investigatiurs Division
DEC-04-1997 15:29 954 7SrI 093.5 P.03
Dec-04-97 15:38 B50 Office of Majors 954 797 0935 P.04
i
• ! 19H3 - 1985: Dctectivc Sergeant, Investigations Unit, North Bruward Distrct
1982 - 1983: Sergeant, Patrol Supervisor, North Bruward District
1978 - f 982: Deputy,Road Patrol, South Bruward District. Served as the Field
Training Officer and the Officer-in Charge in We absence of the patrol
supervisor.
1977- 1978: Deputy'Training Division. Assipmed to the Bruward Police Academy
at Broil and Community Collegc as the Class Advisudkloni(or.
1976- 1977: Attended police academy as a cadet. Graduated at the top of illy class
and received the Honor Medallion. Upon completion, assigned to
road patrol duties as a Deputy Sheriff
NON-POLICE PROFESSIONAL EXPERIENCE
Kendall Company: Deparunent Supervisor, in charge of all shipping k receiving,
one (1) year.
Kendall Company: Pnxiurtiou Supervisor, in charge of shift personnel/production,
two (2)years.
SKILLS
As an Bectnive Officer fur the past ten (10)yceus, I have been fully invuived in the
managemcu(of three (3)different districts. This has involved the delivery of police
services, public relations, supervision of personnel, scheduling, purchasing, budget
preparation and budget management. I also assumed all of the duties ;utd
respwnsibilites of the District Chief/Cormnander whenever he/she Was absent un leave.
i served three (3)years as the F.xecuuvc Officer of the Deerfield Beach District,which
is a contract city,similar to Dania. This afforded mr the opportunity to work with a
municipal Lnwernmenl (Mayor,Commissioners,City Manager,Department Heads)
and provide the appropriate services in accordance with the contractual agreement.
server:as due Acting DisuicL Cotnmander/Chief for the Deerfield Beach District from
September 28, 1991 through January 5, 1992 while the District Commander was
aurnding the FBI National Academy. This assignment demonstrated that I have the
capabilities to perform in this capacity as well as providing me with past experience
which will aid me in a future assignment of this nature. 'file gtsrp,>raphic and
population composition of the City of Deerfield Beach is siurilar to the City of D:mia.
TRAINING
June 1 1, 1997 Violence in the Workplace 8 hours
May 29, 1997 Discipline k Counseling 4 hours
hlay 15, 1997 Domestic Violence A Substance Abuse 8 hours
DEC-04-1997 15:30 954 797 09 s p.[14
,y
Dec-04-97 15:39 BSO Office of Majors 954 797 0935 P,05
May01, 1997 Sexual Harassment H hours
Decemeer 1994 Introduction to Windows 10 5 hours
[November 1994 Basic Wordperfect 5.1 17.5 hours
Jan.2.5,1994 Coaching&Teambuilding Skills 8 hours
October 1993 Introduction to PC: &lll1S 14 hours
Feb. 19, 1993 The law&Over ionic Surveillance 4 honors
Nov. 1:1, 1992 Canununity Policing 8 hunts
May 1992 Domestic Drug Interdiction Bnfomel icnt 20 hours
May 1992 [low to Prepare a Search Warrant 14 hours
Feb. 12, 1992 Performance Appraisal 4 hours
Feb.05, 1992 Domestic Violence& Substance Ahuse 8 hours
Sept. 05, 1991 Early Assistance Progra'n 8 hours
August 02, 1990 Budget and Finance 4 hours
filly 17, 1990 Hurricane Preparedness Workshop 6 hours
May 03, 1990 1990 Hurric;tnc Seminar 3 hours
April27, 1990 Legal Issues fur Management 8 hours
April 1990 Integ. Of Operational Skills for L.I!. Officers 32 hours
March 22, 1990 Maintaining a Drug Free Department 20 hours
Dec. 06, 1989 Evaluating Employee Performance 8 hours
Dec.05, 1989 Civil Disorder Training 8 hours
June 20, 1989 How to Build a Better Team 8 hours
June 09, 1989 Hurricane Seminar 8 hours
May 1989 Auto Pistol Course 16 hours
April 1989 1988/89 Phase III Skills Dev. In-Scrvice 16 hours
January 1989 1988/89 Firearms In-Scrvice Training 16 hours
December 1988 AAA Driver Improvement Program 32 hours
April 1988 19H7/88 Skills Development, Phxw lit 16 hours
January 1988 1987/88 Fircamts &Tactical Training 16 hours
October 1987 1987/88 Defensive Driving 16 hours
filly 22, 1987 Courss. & Interview'rech.,Catccr Path Rep. 2 hours
May 29, 1987 Mgt. Intervention with the Troubled I'.mpboyce 4 hoursApril 24, 1997 Disaster Assistance Programs Workshops 8 hours
]starch 1987 Integ. of Operational Skills for L.E. Officers 40 hours
Dec. 1 1. 1986 Labor and Employment Law 4 hours
Dec. 03. 1986 Multidisciplinary Uild Abuse Seminar N hours
September 1986 Middle Management Seminar 40 hours
April 15, 1986 Early Recng. &Intervention of Client. Depend. 4 hours
May 20. 1986 Advanced Chemical Agents, Riot &Crowd Control 8 hours
January 1986 Electronic Suvivancx &Wiretap Procedures 40 hours
Oct.29, 1985 Search &Seizure Seminar 4 hours
October 1985 Integ of Op rttional Skills for L.E. Officers 40 fitmrs
Septerber 1984 Integ.of Operational Skills for L.E. Offitrrs 40 hours
October 1983 Interviews&Interrogations 16 hours
September 1983 People Management in the 80s
Jul 1983 24 hours
Y Inte.g.of Operational Skills for 1.1. Officers 40 huttn
September 1982 Management Development Program '10 hours
December 1981 Supervision
June 12, 1981 Police Promotion Seminar 40 hours
January 1979 In-Servicc Training 8 hours
April 1978 Refresher Career Development Traininh g 40 hours
4(1 hours
DEG-04-1997 i5a3G 954 ?97 C1935 P.05
I
Dec-04-97 15:37 QSO Office of Majors 954 797 0935 P.01
errCWTCtirwn•eCDW t:lo,r(rH)rr7.773r
lab WoRtnrfBe DDW7 Fu WA)7r7=1
Eml llKawf�Rw1,T,OrY
Andvw Wi* Koedek
loom"yor 1993-Present Sward Sheriffs Office Ft.Laud.,Fl.
fteelar of hallmdortol C"Woorioe
• T1rs is a Mallajtefnerd level Mom reWcasibie for et aspects of the
admMLurattve favestioadon Pmcess, typically lef . to as. R mol
Alfaits".
Duties include the Overal managemerd cr an layeffigli vie Unl d7arged
With the lespoa tslty of raeeMnp,P DMsft.wparviaing,and c"aling
Inveftawns'"di7g arty Memboondud.
• Addlbnaltfu5eehtdudo
• COnfinufd evakMm d agency Poky and mownmw*ftn for shove.
a Maintaining relations vNdt three Nparete hoer Unions, the state
moo' wrrUption Urdt etW t>vter federal and Ante
• Assigned as 111110 TMIcal Incident CmA-nar"for wOdoace vtalenae
indents.
Jan-Nov 1993 BMWQ(d Shartfrs 011ics Ft.Loud..Fl.
LfsulNw^CAnr■WNNNM YOM 3Qe1Ose
• f>,espartQ* far the Oveld slipervlefan of vwkx s units i.e., prigs,
PrmQams erOOtere,t7chad n1wiE9 dfOM art DMM
• Liafson sad bold petblmafdpa with the Bays and Cirs Club of Amato.
1991 "1993 Bmward SholRs Office Ft.Laud„R.
LkuwwMrll,Cr6allif kiveafts"M
OMS manaPmut ON MIII)Wiron of various odltponents within the
*end arson,ftOM IG Q*e9 Md ft*r clines olirtes rOttrery.
ba
1M-1991 arvward Shedfrs OMW Ft.Laud., Ff.
Elaoaumn OMOW,tAomprtrq Dbddd
• O7+nnlertd P0'Iffl to the Oisldd Ciro, this is essertialy a seam in
ReVonsible for sup"bn Of the My funrillons kxkdrip poW,
irwOstlBesons end adrrrnislfePJvO dunes suds as budget pq eratlon,
sdledufirrg,end aasisbrrg with preserAOM to home owner assodaBOM
Jul-Nov 1989 BrOward She&s Office FL Laud., Ff.
• Supervision of 9re Alemoon poW shift and Seisdhro E*Xc&neat Team
DEC-04-1997 15 2P 954 ?9r 09 5 P.01
Dec-04-97 15:37 r350 Office of Majors 954 797 0935 P.02
Feb 1977-1989 Tamem Pdioe Department Tamarac,Fl.
UWAUNad.AOMMUN111101%
• Feb 1988 Promoted loft rank of Uaderued
. fAampmed 9Wam . +eoobs, amnur�atbnc.
• lasOprrod asthe departmerd budQel oRaer.
• Nov 1981 Pmm lad to ere rank of sergeant
• Assigned to CrImbal in estied0 u and road Petrol.
• 1979 ftmoW to"milk of Corpora!
• 1977 Appointed Pdroknan
~ 1975-1977 Uada Police Dcpaitrrrent DANK,FT_
• 197e Appdn!6d Pattdman
• 1975 App*49d Sool"Moor
CeirrlratI=fte EtdenWe w p*denoa in the oriminal justice field,ww"In several
leeo• culturally divenle areas at the manegemerd and mkkrranagement level
Aeelpnmerds have WOW every aspect of managing a law
enforcement agency.State m4giedlem Include Police Omcer,
ConeoNons Ofieer and Fire Foler.
Spedd1f111e1 0 1997 Federal Bureau of IrweOlgallon National Academy
1991 Conectiona ACadenpr
low Southem Police IrtltRrAe Om mend OtMol rs Devdoprnest Course
1909IPTM Poke Bacot"Devatop ixh t Training
199r6 FBI Menegerr►erlt Canso
t womem 1 wm Browerd Community Cdkge Davie.A.
AeeeeleleeatodanwitT nbajummoa
120 Ronde Aftft W ver*, completed 25 aedll hours towards a
Bachelor of Arts degree in Cridrret Justloe.
PleNeelonlil National Shwft Association
NetiMel Amoda6iOn ciUaantlAfairs trwedostom
• FOftmlBumouof#WesggWwNdonalAceftMyAnDoWes
tMlalmeeoea AvelleW upon request.
TOTRL P.U-
DEC-04-1997 15:29 954 797 0935 P.02
µ
Dec-04-97 15:51 BSO Office of Majors 954 797 0935 P.01
LIEUTENANT ROBERT A. ANION
BROWARD SHERIFF'S OFFICE
C. EEF OBJECTIVE': v ot- Danly i s`ri : b i'!'il;ai , F: O.
nist•rir t IT.
i,n-.tl : F�Ilire m-3nngam�-�ni; in..;clvS.rtq m..,t�_n
�;t�,p_�r :i�ar•v and auSni i.ri L;Ltrati ':e
r•�,�:arr5i i D.i a i t:ies.
UMMAFY LF B/1Ck'GROUND
TwrPnt`/-seVett y2ar,; e •Prdr'1C-r11-61 in
enfbr•cemeflt. EigM:Erv'n VE•d.YS of
+il..
i•esponsibit.t. `ie�. Ten yr.a'.r-.; of Cnm(f.ai;d
` „ panSibiiities. I have consistent) ,,
dCtITIon.;tratied a Pr_tCtiCal yet imaginat:•:'e
apprnar-h to management responsibili.l.ies
w1111e always interested in seel:inq nrw way=
t❑ achieve oiJ• 9000S in a. better, .•alter and
more economically sound fashion•
WORK: E XFER LEN!_F g_
I ? 9qG to .F:rcas;c-nt:. Commander B8O cantraet S.-'I"ViCES 'to Port
. Everglade Charged with overall Ccnnwwtd
of t•he 45O r�F''rsunnel a=_sigrn_d to the Pcr^t.
E;:ecu.tive ❑fficel City of Dania,
Distrrct II. Charg w m
ed ith comand of
d._liiv operations.
F, b I4,'CQ_So-'['.I;...-t_91_ Ei.erutive Of'Firer`, Uis6riri: 7. Chlyrged
---------- with Court House '_,'Cu.r`:1iv, C.M.n't De{�uti_•:.
and Cay.rt LiaisnnlJnit.
Puc L'T'-,f ,n 1 . ';: i;r r«�n'Ior• 'Af'Lv ?on F ''1i1 ' . 'J
idii:P 9r dr".' POb. t1Jr'� .:4C?I !: loll .a:lciri
L 117 7 f'':'�;ii:i�'...•d Cii L.0 c?'.1 l;i:n .i',^ i�*f .?1 =�bll :>li i'_
>'naft LAi::t =.�•: . , C71 _t!,rt.•.:1.
.r,
DEC_-04-1997 15:4_ 954 79? 0975 P.(•_'ll
y
°
�
Dec~04-97 I5:52 BSO Office of Majnvo 954 797 0935 p^02
° Lt. Robert A. Anton
�
Fish`tct 6 C,i.ninals lnves� ig�� �eos
5u��/'/is�r, Su�e. ��ss| 7 9e\pc �i �e� rharoe�
� � �h prope" y cr �wps and o`�me� ,r/ ins�
y�rson�.
Joined 9rowurd Ehurif 8f+zce tims
nf cootrar�ual merqe^. as �i�n��ht 8hift
Cowmsr/U�r^
7!u� ' l : Lauderhill Police Dcparbment, Poad Patroi.
Promption to the Detas:tivm �ureau URrsn�,er
1976. Three months Internal Affairs.
Worked Criminal Investi?ation frnm DecembE,r
1976 to Jan,arv, lY79" Promotion to
Sergeant January 1979. rated first in
competitive testing in a field of 21
applizants, April, 1979 tn August. 1779
Adv�sor at Criminal Justice lostitvte.
,la- _��`������ �pT�� Hallandale Police DePartment, Road Patrol
For 11 months, Motorryc|e for 14 months,
Marin� Patrol for 3 months.
1`969�{!E-[_197'�*. Military Police, ('orrections Coed Patrol �
1971 ~ 12 mon 'h tvu/ Vietnuw^ DaNan9 and
Lnnq Pink.
'
DEC-04-1997 15:43 954 797 0935 P.02
1
Y
Dec-04-97 15:52 SSO Office of Majors 954 797 0935 P .03
Lt. Robert A. Anton
FDUC(�TIIIN,e_
r rtunii J!! iLl rrzl t��l, p) , Ud it- rl :.: r" ...G"rI 1 h :
N:: I fr :Ohl CI -_q�
i;rT..min,7! J� �te.:.e: - E+roorard L''_!nnuntl,v !� llea hh: . ..
'Ir� IV.,:"> Lt•.'. 111'SC�S'/I'it1 Ca.11,•'ae•
Fii:h7u 13 - DFr; Gi`�_:'.1 St7ho0'. i .
Chemical Test for
In :;o Aication
197-a 40 ho"rx
t1'Ld t1anageim.[- 1. - 190i) - 01J Iruur EC!
F'ulygraph SL:NQAI - 19U - lb r•lcxa; s - Fle ti.c.n:a
Ins;r, i tut_
SI•I Management - 198z 40 hours - Pt Laud
How to Confront
Taday 's Management
Challenges -- 199F - 40 hour= Miami
}roc,farnl fl;r`shal 's
Cci;.lrt Ser_urily - 1 �,9;
Police E;;E'C!.LL L J0
Des la'. Hamer,t -
19S9 - 110 hn!u^=- - IF1M.'T,E0
I lanning & EFfec:tive
L15e of Rc you WOW - 199L - 40 hours -- 6nr:klr:-,r•n
1':011CP ]nst L :I.'.te
Planning A B'.I':1net - 1991 - 4C hac!rs - FCC'
SVIS Command iiFficer=.
C 1.9`+'? - �4V'1 hov.r=. St:p.1':hfzrn
D=:r•lopment ours'-•
n?•;c,l.c?• tr•y„ f]_U.r'*a.i.,-'Lnq
WD h .c.;rc - ,..,,.t� nr•n
DEC-04-1Q97 15:43 954 797 0935 P.03
Dec-04-97 15:52 BSO Office of Majors 954 797 0935 P.04
Lt. R-Itirn't A. Antr)rl
SEMINwi,
9"T 24
Hrim , ,: id - '4 FCC;
7�-
ne
Pol j ;l C-:* I 1l 4 1'?77 1 ")Ck'
01-4 rl l C4 fF,Ff I i;
F'e? :' :v_;11�11 I r: -, Ib n o,-k t,. li b C.t:
Cr i 11)..r - I
Jiitup -wi.aticir: 14821 1"
L,tlnt, and
E,np I G'•/RI E`ii G Lan 1*?ET 7
-7. hour E:"fl
[,jai
W1 .1-i the lt":)Llbi.ed
Eric,I nv-e 4 holwri BCr'
Au o Plst:lt 1 9SE3 15 1 (,,u t,.s LPS L I
Court. I?[:9 14 1 L,.u i,s I p T;I/in x
i ILWI-I(.:a I I t-I i C?G 9 3 llour-<: HSO
F,ivi I Di=_.nr,dxrr' - 19fJ9 a hour's Eq-ml)
Lc-J-ll Issue:; Fc-),,
lld i i-n q cm mp ri t - 1990 @ hour-5 BS 0
2-A,3-ut ?' Fijiainc:e - 1?9(--1 4 lloull':: - ESID
("CinillUFli [,,,, �.nitcLng - 1952 6 hnu-s - Niaai: E)a"'
COMMIL1171 I I:V CID I I E-LI 3
CLII tl-W,.A Diversity- 1 V9'2 4 hc)Lli,,-- E030
Doinc?3tic. Yiulent:_' 1995 6 110Ur5 R!;D
I :PY5 16 hrjut':;Human DAVL?t-91t�'
1•L7 5 S Cids t e.I L y
IniAdf:rit I*r•zirsinci- !997 I hour's Rrav,anl L:'-,,l
Einiet'qenr- MqlTlt
r-i,b iimnr. Sol vi fiq
SetnEr,- 1.997 .3 SS3
hlana smell 's Sui,ic--- 1?97 11
Dr:ceivpirtq Fositj.vt:
Fnc, l,,.-Ysc- At.tl -191 7 '-4
ExTRa -!;U!RR..11CULUtl CERTrFICATIONS and/ut, LICENSES.
D
DEC-04-1997 15:44 9,54 -,q? 097.5 P.04
Dec-04-97 15:53 BSO Office of majors 954 797 0935 P.05
Lt. Robuwt A. Anton
COMMENDATIONS AND CITATIONS:
)l-my Ccmltrierid '1 ion Mad,, L
ck'!'t t 4 1 1 c- cif Va 1 or, 'D pt
I -Aud'%r't! I I I Cif f i-cor o+ Oo Month dltt /j
Lauderhill Le.,:,d 'inw-E;tjcjivitoi, Momicirk
ewre--l; ptibliFlim?d if, detective ma-vn :int- ,
DU in'j C(D-fm.'iendLition Award -- Fc,llice c-F B:-3,j
Di trIrt LettLt' of C-muilondation a;-- CID(FInIvInd2l, of thy
Jiiqti,Lc:t SE-1- Teziff)
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THE BEGINNING OF
DECEMBER 09, 1997
REGULAR MEETING
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MINUTES
1 DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 9, 1997
MAYOR MIKES CALLED THE MEETING TO ORDER AT 7:30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Jim Sweet, Dania Heights Baptist Church
ROLL CALL
Mayor: Bob Mikes
Vice Mayor: Jim Cali
Commissioners: John Bertino
John Etling
Bill Hyde
Asst. City Attorney: Tim Ryan
City Manager: Mike Smith
City Clerk: Marie Jabalee
PRESENTATIONS none
ITEMS PULLED FROM THE CONSENT AGENDA: ITEMS 1.6, 1.7, 1.8,
I
1.11, 1.12, 1.13, 1.14, 1.15, AND 1.16.
1. CONSENTAGENDA
Minutes
1.1 Approval of minutes for special meeting September 11, 1997.
Bills
1.2 Approval of bills for the month of September 1997.
Resolutions:
1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA
FOR IMPLEMENTATION OF PROGRAMS PURSUANT TO THE ENHANCED
j MARINE LAW ENFORCEMENT GRANT (EMLEG) COVERING THE FISCAL
YEAR 1997198;AND PROVIDING FOR AN EFFECTIVE DATE."(STAFF)
I 1.4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF A MEMBER TO THE PLANNING AND
ZONING BOARD TO SERVE UNTIL THEIR TERM EXPIRES 12:00 NOON,
MARCH 16, 1999; AND PROVIDING THAT ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
l EXTENT OF SUCH CONFLICT, AND PROVIDING FOR EFFECTIVE DATE."
(STAFF)
"A RESOUTION OF THE CITY COM1 5 OF THE CITY OF DANIA,
FLORIDALREQUESTING A PORTIONMISSION OF B OWARD COUNTY TOURIST
DEVELOPMENT TAXES TO OFFSET MUNICIPAL EXPENDITURES FOR
BEACH MAINTENANCE."(STAFF)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROPRIATING
$5,000 TO BE USED BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN COORDINATION WITH THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS FOR A DETAILED STUDY OF LOCATIONS AND
CITY OF DANIA MINUTES 1 DECEMBER 9, 1997
COSTS FOR URBAN GREENWAY WALKABLE TRANSIT CORRIDORS
1 WITHIN THE CITY OF DANIA; PROVIDING FOR APPROPRIATED FUNDS TO
BE USED FOR PROJECT PLANNING EFFORTS IN CONJUNCTION WITH AN
EQUAL CONTRIBUTION FROM THE CITY OF HOLLYWOOD AND A
MATCHING $10,000 FLORIDA DEPARTMENT OF TRANSPORATION
CONTRIBUTION; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(STAFF)
1.10 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ADOPT
A 12,181 SQ. FT PARCEL, LOCATED WITHIN A PORTION OF PARCEL "B"
OF "THE NCL PLAT" MORE LEGALLY DESCRIBED AS FOLLOWS: A
PARCEL OF LAND LYING IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE
42 EAST IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, BEING A
PORTION OF PARCEL "B" OF 'THE NCL PLAT", ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 150 AT PAGE 50 OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS FOLLOWS:
(SEE RESOLUTION FOR FURTHER LEGAL DESCRIPTION) (PROPERTY
LOCATED ON GRIFFIN ROADII.95 NEAR CSX RAILROAD)
A motion was made by Commissioner Bertino, seconded by
Commissioner Hyde, to approve the Consent Agenda with the exception
of items1.6, 1.7, 1.8, 1.11, 1.12, 1.13, 1.14, 1.15, AND 1.16.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEMS PULLED FROM THE CONSENT AGENDA
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT
CERTAIN SEPARATION AGREEMENT BETWEEN THE CITY OF DANIA AND
MONICA GRIFFITH;AND PROVIDING FOR AN EFFECTIVE DATE."(STAFF)
Commissioner Bertino requested an explanation on why this type of
agreement is being brought before the City Commission. City Manager
Smith explained that this is actually the third agreement of this type to
come before the Commission. The agreement provides considerations
for both parties and protection for the City from future litigation as
recommended by the City's labor counsel. City Manager Smith advised
that Monica Griffith accepts the agreement.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to adopt the resolution.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
I
Mayor Mikes-yes
CITY OF DANIA MINUTES 2 DECEMBER 9, 1997
r
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, RENEWING THAT
CERTAIN AGREEMENT BETWEEN THE CITY OF DANIA AND THE CITY OF
HOLLYWOOD FOR THE PURCHASE AND SALE OF POTABLE WATER;
DIRECTING DANIA'S UTILITY DIRECTOR TO PROVIDE NOTICE TO THE
CITY OF HOLLYWOOD OF THE RENEWAL; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE." (STAFF)
Commissioner Bertino questioned whether there was another agreement
with Hollywood from 1968 that did not require renewal or a limit upon
renewal. Bud Palm, Utilities Director, was not aware of another
agreement other than the one dated May 23, 1968. This agreement
requires the City to renew not later than six (6) months prior to the
expiration of June 30, 1998. The renewal period will begin July 1, 1998
and continue until June 30, 2008.
A motion was made by Commissioner Bertino, seconded by
Commissioner Hyde, to adopt the resolution approving the agreement
with Hollywood with the condition that Interim City Attorney Ryan reviews
the agreement for additional language and that a Special Meeting be held
if necessary.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, CHANGING THE
NAME OF DANIA BEACH PARK TO FRANK C. "TOOTIE" ADLER PARK,
PROVIDING THAT ALL RESOLUTONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE." (STAFF)
Commissioner Hyde mentioned that obtaining the beach property was
one of Frank Adler's greatest accomplishments. He introduced Heather
Adler, the wife of late City Attorney Frank Adler. Heather Adler
commented on her husband's efforts in obtaining Dania Beach for$1.00
an acre in 1951 for the City of Dania.
Mayor Mikes mentioned the City Commission's desire to create an
appropriate memorial to previous City Attorney Adler. Mayor Mikes read
the resolution in its entirety.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to adopt the resolution.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
CITY OF DANIA MINUTES 3 DECEMBER 9, 1997
y.
1
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1 1.11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, ACCEPTING THE
APPOINTMENT OF AS BROWARD SHERIFF'S
OFFICE CHIEF FOR DANIA DISTRICT 11, PROVIDING THAT SUCH
APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY
COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE."(STAFF)
Commissioner Bertino nominated Lt. Robert Anton for BSO Chief— Dania
District 2.
A motion was made by Commissioner Bertino, seconded by
Commissioner Hyde, to adopt the Resolution with the insertion of
Lieutenant Robert Anton's name.
Although Vice-Mayor Cali did not disagree with the selection of Lt. Anton,
he requested to postpone the selection of a police chief until candidate,
Lt. Andrew W. Koerick, could be provided an interview. It was mentioned
that Lt. Koerick was unable to attend the interviews tonight due to his
taking final exams at the FBI Academy.
The City Commission generally agreed that Lt. Anton's knowledge of the
City and experience in Dania made him the right choice for the job.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
Chief Anton expressed appreciation to the City Commission for their
confidence and looked forward to working with the City.
1.12 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY BETWEEN
THE CITY OF DANIA AND CASCADE LAND AND DEVELOPMENT
COMPANY FOR PROPERTY LEGALLY DESCRIBED AS
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE."(STAFF)
Interim City Attorney Ryan read the title of the resolution and included the
legal description of the five acre parcel of property located on SW 45
Street/SW 30 Avenue being considered for the western fire station.
Attorney Ryan advised that appraisals were provided for both parcels
being considered and that the other parcel is located on Griffin Road. Mr.
Ryan directed the Commission to include a purchase price and option
amount in the agreement. He reported that an Environmental Inspection
is required and recommended to include conditions for soil boring studies
and financial arrangements in the approval.
1
CITY OF DANIA MINUTES 4 DECEMBER 9, 1997
I
Attorney Ryan advised that the appraised value remains confidential until
the Option Agreement is signed by bath parties according to the Sunshine
Law. Mr. Ryan stated that the assessed value of the property is
$346,000.
A motion was made by Commissioner Hyde, seconded by Vice-Mayor
Cali, to adopt the Resolution approving the Option Agreement with a
purchase price of$220,000, a $1,000 option amount, and staff
recommendations for soil borings and financial contingencies.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
1.13 "RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD COUNTY
FOR ADMINISTRATIVE SERVICES TO BE PERFORMED BY THE CITY
RELATING TO THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE -
PRIVATE-PUBLIC PILOT PROGRAM; PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE."(STAFF)
Commissioner Etling expressed dissatisfaction that the trolley route only
goes as far South as Dania Beach Boulevard, thereby, missing the
Graves Museum and other important Dania businesses on Federal
Highway. Discussion followed on the lack of benefit to businesses with
the daytime schedule and there being lengthy procedures on
amendments and termination in the contract. The City Commission was
concerned with whether the $12,000 a year cost was cost effective since
Fort Lauderdale pays the same amount and receives a better tourist route
along US 1 to Las Olas Boulevard. Commissioner Etling suggested
considering the possibility of seeking sponsors to pay 50% of the City's
cost.
Since Dania is the lead City in the Trolley Program, Ralph Riehl, South
Florida Tourism Council, agreed to alter the route to include the Graves
Museum and other Dania businesses. He agreed that corporate
sponsors might be able to offset the cost to municipalities if the program
proves to be successful. He stressed the importance of the pilot program
beginning early in the tourist season. Mr. Riehl mentioned that the City
may terminate the agreement within one day if they so choose and he
agreed to solicit funds from Dania businesses to subsidize Dania's
contribution. The concept is to bring tourists to Dania and local people
may benefit by using the trolley. Further discussion followed on including
Bass Pro on the route once its completed and future plans to expand the
program into Dade and Palm Beach counties.
Commissioner Hyde commented on the need to also include Dania's two
large hotels on the route and his concern that the bulk of the route is
CITY OF DANIA MINUTES 5 DECEMBER 9, 1997
i
directed to Fort Lauderdale Beach. Mr.. Riehl reminded the City
Commission that most tourists come to Fort Lauderdale.
Vice-Mayor Cali suggested having Interim City Attorney Ryan meet with
the County Attorney to discuss the concerns that have been expressed.
Interim City Attorney Ryan agreed that the agreement could be approved
tonight subject to staff working out an acceptable agreement with the
County. Attorney Ryan clarified that the second agreement involves the
City, South Florida Tourism Council and South Florida Trolley Company
under item 1.14,
A motion was made by Vice-Mayor Cali to approve the agreement with
the stipulations mentioned by Attorney Ryan. The motion died for lack of
a second.
Commissioner Bertino discussed concern with the termination portion of
the agreement and was not clear on City's rights to terminate at anytime.
Attorney Ryan advised that a redraft of the agreement was just received
tonight and that staff could work out an agreement that would provide a
clause to cancel without cause within 60 days.
Mr. Reihl mentioned that the trolley system will stop at Welcome Centers
and that a Welcome Center is being identified in Dania. Residents can
get off anywhere along the route and any hotellrestaurant can have
people picked up as long as a call is made to the dispatch.
1
Commissioner Bertino recommended to include details on expanding the
j service, cancellation of the agreement and pickup and drop off of people
be included in the agreement. Mr. Reihl mentioned that the County will
j be addressing the agreement on the 161h and that it would be better to
approve the agreement contingent upon the changes as discussed so as
not to delay the project.
i A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to approve item 1.13 subject to an acceptable form being drafted
and approved by City Attorney Ryan that will include the following
provisions:
✓ A provision for a $500 a month cap required by the City and the
remainder being raised by local business;
✓ A provision for a 30 day cancellation for cause and a 60 day
cancellation by the County or the City without cause;
✓ A provision for multiple stops at the selection of any customers
riding on the trolley;
✓ A provision of multiple pickups upon the trolley company being
notified by businesses along the route;
✓ A provision that there will be changes to the route;
✓ A provision that 50% of the City's funding will come from
businesses.
- I 1
The motion passed on the following roll call vote:
CITY OF DANIA MINUTES 6 DECEMBER 9, 1997
I
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
Mr. Reihl was hopeful that the trolley service could begin around January
5, 1998.
1.14 "RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
AGREEMENT BETWEEN THE CITY OF DANIA, SOUTH FLORIDA TROLLEY
COMPANY, INC., AND SOUTH FLORIDA TOURISM COUNCIL, INC., FOR
SERVICES RELATING TO THE BROWARD COUNTY AIIA BEACH TROLLEY
SERVICE - PRIVATE-PUBLIC PILOT PROGRAM; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
AN EFFECTIVE DATE." (STAFF)
A motion was made by Commissioner Etling, seconded by Vice-Mayor
Cali, to adopt the resolution subject to the same conditions as listed under
Item 1.13.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEM 8.1 WAS ADDRESSED AFTER ITEM 1.14
ITEM 1.15 WAS HEARD AFTER ITEM 4.8
Ordinances:
1.15 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REZONING THE
FOLLOWING DESCRIBED LANDS TO-WIT: LOT 9, BLOCK 26 OF "NORTH
HOLLYWOOD" ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 4, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, FROM RD-6000 RESIDENTIAL TO C-2 COMMERCIAL
ZONING DISTRICT, UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF
THE CITY OF DANIA, FLORIDA, AS AMENDED; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS AND
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE." (First Reading of Ordinance) (RZ-33-97 - Property located on the
north side of Sheridan Streetjust west of SW 2 Avenue)(STAFF)
Terry Virta, Growth Management Director, advised that an analysis of the
entire Sheridan Street corridor is planned this coming year for inclusion in
the update of the Comprehensive Plan. Staff made a recommendation to
the Planning & Zoning Board to deny the C-2 zoning request due to
concerns for spot zoning. The Planning & Zoning Board recommended
C-1 zoning to allow the conversion of the house to an office based on
consideration with past residential characteristics of the houses along the
north side of Sheridan Street. Mr. Virta expected the analysis of the
corridor to take six months or more based on the extensive process; the
CITY OF DANIA MINUTES 7 DECEMBER 9, 1997
Comp Plan update was expected to take a year from this coming spring.
Although, Mr. Virta understood the property owner's hardship, he was
concerned that one amendment would confuse and delay the entire
process for analyzing the corridor.
Mayor Mikes expressed his opposition to approving spot zoning and
urged the City Commission to realize the need for professional expertise
in dealing with the zoning on Sheridan Street.
Commissioner Bertino mentioned his recommendations years ago to
implement a PUD (Planned Unit Development) zoning concept for
Sheridan Street that would require a minimum of 10 acres to
accommodate a mixture of residential/commercial/industrial development.
Mayor Mikes suggested to have staff review the consulting agreement
with the FAU/FIU group and seek their involvement in the comp plan
amendment. Mayor Mikes requested staff to hold a workshop to discuss
the options.
A motion was made by Commissioner Bertino, seconded by Vice-Mayor
Cali, to deny the ordinance.
Patty Hart mentioned that the zoning problem has been a hardship on the
property owners since 1985 because they cannot sell the property or live
at the site in a normal way. Mayor Mikes reminded Ms. Hart that the
effect of spot zoning would not be feasible and would only encourage
blight. He recommended changing the zoning with the assistance of
professionals for the best interest of the community. Patty Hart stated
that there are several homes in different neighborhoods that have C-2
zoning that have blended in nicely with landscaping. She advised that
several residents desire a change in the zoning on Sheridan Street.
The motion to deny passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEM 4.2 WAS HEARD AFTER 1.15.
1.16 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE
It, SECTION 4-18 OF CHAPTER 4 OF THE CODE OF ORDINANCES
RELATING TO EXTENDED HOURS OF SALE OF ALCOHOLIC BEVERAGES;
PROVIDING FOR EXTENDED HOURS LICENSES AND APPLICATION
PROCESS THEREFORE FOR THOSE QUALIFYING RESTAURANTS AS
DEFINED IN SECTION 4.18.1(B); PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE."(FIRST READING OF ORDINANCE)(VICE-MAYOR CALI)
Vice-Mayor Cali explained that the extended hours for the sale of
alcoholic beverages will provide Dania restaurant/bar businesses with a
fair chance to compete with surrounding City businesses that serve
CITY OF DANIA MINUTES 8 DECEMBER 9, 1997
J
beyond 3:00 a.m. He assured the public that the ordinance provides
safeguards for the community and the extended hours will only apply to
restaurants serving liquor as an accessory to the sale of food. The
ordinance does not apply to liquor, package or convenient stores as the
business must have a full kitchen open during the hours of operation.
The Planning &Zoning Board and the City Commission will uniquely
review each application. In addition, issues relating to minimum impact,
adequate parking, negative law enforcement concerns would be
addressed on an annual renewal basis.
Mayor Mikes agreed to allow public comment even though the item is not
a public hearing.
Kalin Doderer, 425 SE 7 Street, representing the group "Keep the $$$ in
Dania" urged support of the extended hours based on the fact that many
people working at night want to have dinner or relax at a place serving
alcohol. She mentioned that there are many activities available in Dania
at night that warrant the change. Ms. Doderer urged the City Commission
to also consider the extension of hours on Sunday from 11:00 a.m.
instead 1:00 p.m. to accommodate sports fans desiring to be served
before the games.
Bill Rasic, General Manager of Players Lounge, recommended approval
so that people working at night could have the same opportunity to
unwind after work as people working during the day. He mentioned that
i there is a safety factor to consider when these late night people stay in
Dania instead of having to drive, or take a cab, to and from another city.
Joe Maggie, Pirates Inn, stressed the need to clarify that the supporters
of the extended hours are not trying to encourage people to drink or get
drunk. On the contrary, the issue is about allowing people who work after
3:00 a.m. an opportunity to relax after work and its about keeping the
revenue in Dania. He was also in support of extending the hours on
Sunday.
John Buckel, Director of the New Dania Chamber of Commerce, and
Rose Lizana, Dania Press, extended their support based on the fact that
Dania is on the verge of becoming a tourist community.
Jay Field vehemently opposed the change in hours for selling alcohol. He
urged the City Commission to carefully consider the possible increase in
drug abuse and financial impact of alcohol related accidents.
Hearing no further comments, Mayor Mikes returned to the City
Commission for action.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to adopt the ordinance on first reading.
Mayor Mikes mentioned that the perception in the community is that there
will be an increase in DUI incidents if the hours for the sale of alcohol are
CITY OF DANIA MINUTES 9 DECEMBER 9, 1997
I
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extended. He added that there are people who believe that the 3:00 a.m.
closing time should be turned back to 1:00 a.m.
Commissioner Etling suggested obtaining information from neighboring
cities on their hours of operation to ensure that Dania is compatible with
the area prior to second reading of the ordinance.
Interim City Attorney Ryan advised that the ordinance does not provide
for extending hours to 11:00 a.m. on Sunday and that the City
Commission needs to direct him on whether or not to include this
provision.
Vice-Mayor Cali revised his motion to amend the ordinance by
extending the hours to 11:00 a.m. on Sunday. Commissioner
Bertino seconded the motion.
The motion to amend the ordinance passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-no Vice-Mayor Cali-yes
Mayor Mikes-yes
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to adopt the ordinance as amended.
Commissioner Bertino recommended strengthening the language in the
ordinance on defending the right to revoke licenses if abuses occur.
Further concern was registered about school buses being on the road at
6:00 a.m. which will be another concern at the second reading.
The motion to adopt the ordinance on first reading passed on the
following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-no Vice-Mayor Cali-yes
Mayor Mikes-no
Mayor Mikes clarified that the second reading will be held January 13,
1998, and that Interim City Attorney Ryan will strengthen the language
regarding revoking licenses.
2. PROCLAMATIONS-NONE
3. BIDS-NONE
4. PUBLIC HEARINGS
4.1 "AN ORDINANCE OF THE CITY COMMISSION OF THE C17-Y OF DANIA,
FLORIDA, AMENDING CHAPTER 28, BY CREATING ARTICLE Vlll,
"TELECOMMUNICATION TOWERS AND ANTENNAS"; PROVIDING INTENT
AND DEFINITIONS; PROVIDING MINIMUM STANDARDS FOR LOCATION
AND APPROVAL OF TELECOMMUNICATIONS TOWERS; PROVIDING
CITY OF DANIA MINUTES 10 DECEMBER 9, 1997
I
MINIMUM STANDARDS FOR LOCATION AND APPROVAL OF
COMMUNICATIONS ANTENNAS, PROVIDING ADDITIONAL USES;
PROVIDING FOR SHARED USE OF COMMUNICATIONS ANTENNAS;
PROVIDING FOR INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING
FOR SEVERABILITY, PROVIDING FOR INCLUSION; PROVIDING FOR AN
EFFECTIVE DATE." (SECOND READING AND PUBLIC HEARING OF
ORDINANCE)
Attorney Earl Gallop reported that a working group was formed from a
meeting held yesterday with representatives from the telecommunications
industry. In order to include additional changes suggested by the
telecommunications industry, he recommended to continue the ordinance
to the January 13 regular meeting and to go forward with extending the
moratorium to January 27, 1998, according to the ordinance under item
4.8. Mr. Gallop stated the City's desire to encourage the location of
telecommunication facilities on city property away from residential areas.
The telecommunications industry has no objection to the extension of the
moratorium on the basis that the telecommunications ordinance will be
addressed on January 13, 1998. The Commission decided to open the
public hearing first and then go to item 4.8.
Mayor Mikes opened the public hearing on item 4.1.
Susan Delegal, Attorney representing Primeco Personal
Communications, agreed that there are refinements that need to be made
to the ordinance to make the permitting process better and that Primeco
has no objection to extending the moratorium. Attorney Delegal
mentioned that there may be future intent by her company to locate some
facilities like roof top antennas, but there were no clear intentions at this
time.
Hearing no further comments, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Etling, to continue the ordinance to January 13, 1998.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEM 4.8 WAS HEARD AFTER ITEM 4.1.
ITEM 4.2 WAS HEARD AFTER ITEM 1.15
4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE
6, SUPPLEMENTARY USE REGULATIONS, OF CHAPTER 28, ZONING, OF
THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY
ADDING A NEW SECTION 6.64 ENTITLED "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH PROVIDES FOR
DESIGN GUIDELINES TO BE FOLLOWED BY COMMERCIAL
DEVELOPMENT ALONG PRINCIPAL ARTERIALS IN THE CITY OF DANIA;
CITY OF DANIA MINUTES 11 DECEMBER 9, 1997
I
y
PROVIDING FOR OBJECTIVES OF THIS SUB-SECTION; DELINEATION OF
THE OVERLAY DISTRICT; PROVIDING FOR APPLICABILITY; STIPULATING
CRITERIA FOR APPEARANCE, LANDSCAPING, WALLS, FENCING,
SIGNAGE AND LIGHTING; AND SPECIFYING LOCATION CRITERIA FOR
DRIVE-UP FACILITIES; PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (SECOND
READING AND PUBLIC HEARING OF ORDINANCE)
Terry Virta, Growth Management Director, mentioned that the Planning &
Zoning Board recommend approval with two changes; on Page 2 (3a) to
include "within any twelve month period" after the $10,000 and on page 5
(c) under Signage & Lighting to read "Window signage, whether
permanent or temporary, shall not be permitted." Mr. Virta advised that
the design guidelines would be applied in the form of an overlay along the
principal arterial corridors throughout the City.
City Manager Smith mentioned that window signage is not permitted in
the downtown district. In the old Downtown Sign Ordinance, there was a
five-year amortization window that actually took nine years to implement.
The legal staff is looking at current case law to see if there are variations
on the amortization schedule so that some of the most obnoxious signs
can be removed as soon as possible.
Mayor Mikes mentioned that the height of billboards is being changed in
the western portion of the City and that restrictions should be included on
billboards. Mr. Virta mentioned that tl-e billboard petitioner would have to
obtain a permit to change the height on billboards. Assistant City
Attorney Ryan suggested approving the current ordinance and provide
him the opportunity to review the billboard ordinance so that a separate
ordinance could be brought back.
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 Bertino, seconded by Vice-Mayor
Cali, to amend the ordinance on Page 2 Item #3 (a)—Applicability by
adding after$10,000 within any twelve month period or signage changes
in excess of$500, Page 5 under Signage and Lighting Item#6(c) to read
Window signage whether permanent or temporary, shall not be permitted
and by_adding 6(e). No change in height or size for existing signs.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
Mayor Mikes opened the public hearing on the amended ordinance.
Hearing no one speak in favor or opposition, the Mayor closed the public
hearing.
CITY OF DANIA MINUTES 12 DECEMBER 9, 1997
A motion was made by Commissioner Bertino, seconded by Vice-Mayor
Cali, to adopt the ordinance as amended.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
4.3 "AN ORDINANCE OF THE CITY OF DANIA,FLORIDA,AMENDING CHAPTER
28, ZONING; ARTICLE 4, DISTRICT REGULATIONS, SECTION 4.20 -
APPLICATION OF REGULATIONS, OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA, FLORIDA, BY ADDING A SPECIAL EXCEPTION
CATEGORY TO THE RD-6000 DISTRICT WHICH ALLOWS THE USE OF
RECORD STORAGE FACILITIES FOR CHURCHES AND SCHOOLS WITHIN
200 FEET OF SUCH APPROVED CHURCH OR SCHOOL;PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE."(SECOND READING AND PUBLIC HEARING OF ORDINANCE)
Terry Virta, Growth Management Director, advised the Planning & Zoning
Board recommended changing the wording from 'record storage facility"
to "storage facility."
Commissioner Etling suggested to change the word "school' to
"accredited educational facility" in order to consider the Graves Museum.
Vice-Mayor Cali was not pleased with facilities being added that are not
compatible with residential communities.
Mayor Mikes opened the public hearing.
Cary Crockett, 219 SW 8 Street, requested an explanation on why the
ordinance was prepared and what problems will be resolved when the
ordinance is adopted. Mayor Mikes mentioned that the issue relates to
the MEBA facility.
Hugo Renda opposed the request because of it being a poor idea for a
residential neighborhood.
Beverly Wallace, on behalf of her parents Cleo and Vivian Phillips,
commended MEBA for keeping their properties well maintained but was
concerned with noise and development impact on the residential
neighborhood.
Michael Harris, 263 SW 8 Street, was concerned about the materials that
will be stored in the buildings and urged the City Commission to be
cautious about changing the zoning.
Hearing no further comments, Mayor Mikes closed the public hearing.
Commissioner Hyde clarified that this is not a zoning change and that the
ordinance will only allow a special exception use.
CITY OF DANIA MINUTES 13 DECEMBER 9, 1997
1.
At the request of Vice-Mayor Cali, Terry Virta, Growth Management
Director, explained that there were long discussions at the Planning &
Zoning Board about accommodating the rezoning interest of the AMO by
zoning the land to allow reconstruction of the storage facilities and then
zoning back to residential. However, the City Attorney did not agree that
this would be an appropriate use of zoning control. As a result, the other
consideration was to make the use a conditional use without changing the
basic zoning. Vice-Mayor Cali opposed the idea of providing a loophole
that may destroy a residential neighborhood. Mr. Virta clarified that a
warehouse can be any size structure and the use of forklifts could be
restricted according to the special exception.
Commissioner Bertino mentioned that everything is getting confused
because a Special Exception is one of the most restrictive approvals that
a petitioner can obtain. He clarified that this is not a zoning change and
that people in the area are very pleased with the way in which MEBA
maintains the buildings.
Mayor Mikes urged MEBA to rent a storage facility for their industrial
supplies or chemicals instead of the City having to go to this extent.
Commissioner Bertino mentioned that the request is not unusual since
most homeowners store hazardous chemicals that are potential dangers.
Commissioner Etling mentioned that special exceptions have been
approved for several facilities in the City such as churches that are non-
conforming uses in residential neighborhoods. He mentioned that
churches also need storage facilities. The positive aspect of a special
exception is that the City Commission deals with them on an individual
basis. Commissioner Etling clarified that MEBA is not being extended
any special privilege and the request is not an adverse threat to an
individual neighborhood. At the request of Mayor Mikes, Mr. Virta stated
that no churches have shown any interest in this ordinance as of this
time.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to amend the ordinance by deleting the word 'record" as
recommended by the Planning & Zoning Board.
The motion to amend passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-no
Mayor Mikes-no
Mayor Mikes opened the public hearing again.
Mary Ferrar, 222 SW 8 Street, mentioned that she is exposed to MEBA
fork lifts moving and removing items from their buildings each day. She
requested an answer on whether restrictions will be included in the
ordinance. Attorney Ryan confirmed that conditions can be added to
CITY OF DANIA MINUTES 14 DECEMBER 9, 1997
I
special exceptions according to the Dania Code and that the conditions to
this use by MEBA will be addressed when they request the special
exception.
Jay Field opposed the idea of allowing storage facilities to be placed on
any vacant lot in the City. Attorney Ryan advised that the lot would have
to be within 200 feet from a church or school and the height restrictions
would be covered under the Code. Mr. Virta advised that there is a limit
of 35' or basically two stories with a peeked roof.
Mr. Crockett requested an explanation on how the current building was
allowed to be built since there is no building permit on record for the
concrete pad for a steel shed. Commissioner Bertino advised that the
request for a sealed pre-constructed building was brought before the City
Commission and it did not require a building permit. Mr. Virta pointed out
that the permit files are in his office and available for review by the public.
Mr. Virta confirmed that the buildings were permitted when they were
constructed and that a variance was granted for one of the buildings due
to the size and setback.
Jan Harris, 263 SW 8 Street, was concerned with the type of follow-up
provisions that would be provided to monitor the buildings.
Hearing no further comments, Mayor Mikes closed the public hearing.
Mayor Mikes restated his opposition for allowing storage facilities in
residential neighborhoods when MEBA could rent a facility and reminded
the public of MEBA's clout over the residential community.
Terry Virta, Growth Management Director, read the different Special
Exception uses in the single family district and RM2 zoning classification.
A motion was made by Commissioner Hyde, seconded by Commissioner
Etling, to adopt the ordinance as amended.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-no
Mayor Mikes-no
4.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REZONING THE
FOLLOWING DESCRIBED LANDS TO-WIT., LOTS 9 THROUGH 12, BLOCK 3
OF "WOODHAVEN AMENDED" ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 56, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; ALONG WITH, LOTS 11, 12 AND 13,
BLOCK 4 OF "AMENDED PLAT WOODHAVEN" AS RECORDED IN PLAT
BOOK 10, PAGE 56, OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; FROM RD-6000 RESIDENTIAL TO C-2 COMMERCIAL ZONING
DISTRICT; AND, THE SOUTH 50 FEET OF LOTS 5 AND 6, THE SOUTH 50
FEET AND THE EAST 23 FEET OF LOT 7, BLOCK 3, OF "DANIA HEIGHTS
EXTENSION", AS RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, FROM RD-6000
CITY OF DANIA MINUTES 15 DECEMBER 9, 1997
RESIDENTIAL TO C-3 COMMERCIAL ZONING DISTRICT, UNDER THE
PROVISIONS OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA,
AS AMENDED; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING OF ORDINANCE) (RZ-30-97 - PROPERTY LOCATED ON
NORTHWEST CORNER OF SW 9 STREET/SW 2 AVENUE)
Attorney Ryan advised that procedures for a Quasi-Judicial Hearing will
be followed because this is a site specific rezoning. All persons will need
to be sworn in and will be subject to cross-examination by the applicant,
staff and City Commission.
Vice-Mayor Cali asked that Attorney Ryan review the disclosure
requirements for the City Commission under the Quasi-Judicial
procedure. Attorney Ryan stated that any member of the Commission
who has had ex-parte communications with the applicant, or
representatives of the applicant, must identify the person or persons and
state the substance of the communication.
Commissioner Hyde mentioned that he has received a one way
communication by Email from an unidentified person opposing the issue
and has communicated with Mr. Merriken.
Vice-Mayor Cali advised that Mr. Tom Kelly, AMO, requesting his support,
contacted him and that he also received unsolicited phone calls.
Mayor Mikes stated that he has not received any communication.
Commissioner Bertino mentioned that he has received communication
from Cary Crockett, Gary Cassell, Bo Donly, Mimi Donly, Jimmy Dee,
Barbara Bertino, Mr. and Mrs. Zix, June and George Silvernale, Mr.
Merriken and several individuals whose names he could not recall.
City Attorney Ryan explained that a Quasi-Judicial hearing is required
when a site-specific land use amendment or developmental action is
heard because the Commission becomes more of a judiciary body than a
legislative body.
Commissioner Etling mentioned communications with several people in
the public whom he didn't even know, Mr. Merriken, and Mr. Cordilaci. For
the record, Attorney Ryan clarified for Commissioner Etling that
communication from a person at AMO on a recommendation for a
restaurant in Philadelphia was not ex-parte communication.
Terry Virta, Growth Management Director, was sworn in by Attorney
Ryan. Mr. Virta advised that the Planning & Zoning Board has heard the
item relating to the following three sites:
• Site A involves .514 acres at the Northwest corner of SW 9 Street/SW
2 Street;
CITY OF DANIA MINUTES 16 DECEMBER 9, 1997
• Site B involves 4.57 acres at SW 8 Street/SW 2 Avenue;
Site C involves .244 acres which is the rear part of lots fronting on SW
7 Street located between Federal Highway and SW 2 Avenue.
The Planning & Zoning Board recommends denial of the rezoning for
Sites A and B and recommend approval of the rezoning for Site C. Mr.
Virta provided a drawing of the areas being considered and explained that
the purpose of the request is to allow reconstruction of buildings that are
currently located to the rear of residences on 91" Street, 8`" Street and two
on 7t" Street. The request for Sites A and B are from RD-6000 to C-2
zoning and Site C is from RD-6000 to C-3 zoning. The reason for the C-3
zoning is because the main part of the AMO complex is currently zoned
C-3 as is most of the frontage on US 1. Mr. Virta advised that the
Planning & Zoning Board was concerned that Sites A & B would be an
intrusion into the residential community and that Parcel C would go along
with the overall AMO complex and not impact other properties.
Mayor Mikes opened the public hearing and reminded the public that they
must be sworn in to speak.
David Merriken, AMO, 2 West Dixie Highway, was sworn in by Attorney
Ryan. Mr. Merriken mentioned his 30-year membership with AMO and
residency in Dania. Mr. Merriken clarified that 6,000 hard working men
and women who go to sea for a living own AMO. These people have
fought for better benefits and working conditions and were responsible for
bringing the AMO School to Dania. Mr. Merriken continued to address
accusations that were brought up at the 11/25/97 meeting and Mayor
Mikes urged him to stick to the issues.
On behalf of Mr. Merriken, Attorney Susan Delegal stated that Mr.
Merriken has a right to address the issues that were connected to the first
reading of the ordinance according to a transcript of the 11/25/97
meeting.
Mr. Merriken presented a drawing that was identified by Attorney Ryan as
Exhibits#1. In regards to expansion, Mr. Merriken explained that AMO
has upgraded the community by renovating several properties and putting
them back on the tax rolls. He advised that 71% of AMO's property was
purchased prior to 1984, an additional 16% was purchased by 1987 and
growth has been less than 2% in the last five years.
For the record, Mr. Merriken stated that the metal building discussed by
several residents did, in fact, receive a building permit and that the City
Commission and Planning & Zoning Board granted a variance. Mr.
Merriken presented redesign drawings and photographs of the building
for both parcels and Attorney Ryan identified them as Exhibits#2, #3, #4,
#5, #6, #7, #8, #9.
Mr. Merriken presented the following information in regards to AMO's
non-exempt tax status:
CITY OF DANIA MINUTES 17 DECEMBER 9, 1997
✓ AMO pays $31,260.00 in ad valorem and non-advalorem taxes to the
City of Dania. If AMO was not tax exempt, Dania would receive
$56,985.00;
✓ AMO pays $36,000 in franchise and utility taxes;
✓ AMO pays $1200 in licenses and permits;
✓ AMO pays over $4,000 on water bills;
✓ AMO pays over$4,000 on phone bills.
AMO provides the following economic impact on the Community:
✓ AMC contracts for goods and services in excess of$15,000, which full
sales tax is paid;
✓ AMO is the largest private employer in Dania;
✓ AMO is one of the top five depositors in Dania's banks;
✓ AMO brings in 5,000 tourists a year to Dania;
✓ AMO promotes Dania in its international advertising;
✓ AMO has an international reputation and promotes Dania as the top
Maritime Training Center in the world;
✓ AMO's center attracts US Senators, representatives, governors,
foreign dignitaries, Admirals, Generals, and Fortune 500 Company
CFO's;
✓ AMO's Center holds function for numerous national organizations;
✓ AMO is a major contributor to non-political charities;
✓ AMO has designated the Star Center Building as the Hurricane
Disaster Center for Dania;
✓ AMO provides its own security
For the record, Mr. Merriken clarified that he has a fiduciary responsibility
to set the record straight when statements are made about AMO that are
not correct. The fact is that AMO has been a benefit to the City of Dania
and good neighbors to the surrounding residential community. In an
effort to resolve the matter, Mr. Merriken agreed to remove his requests
to rezone Parcels A& B to C-2 and continue with the rezoning of Parcel C
to C-3 as long as both buildings on Parcels A and B could be completed
through the Special Exception process. Attorney Susan Delegel clarified
that Mr. Merriken would want to reactivate the rezoning requests for
Parcel A & B if the Special Exceptions were not approved.
The Commission discussed the technical difficulty of approving the
rezoning of Parcel C while continuing the rezoning requests for Parcels A
& B. Interim City Attorney Ryan suggested tabling the rezoning requests
until the Planning &Zoning Board addresses the Special Exceptions.
Mayor Mikes allowed for public comment and reminded the public to only
present factual information on the issue. City Attorney Ryan clarified that
the public has a right to speak of any impact, positive or negative, that
relates to the rezoning.
Attorney Ryan swore in Jan Harris, 263 SW 8 Street. She stated that the
neighborhood does not want commercial rezoning for fear of negative
resale on residential properties. Ms. Harris urged the City Commission to
CITY OF DANIA MINUTES 18 DECEMBER 9, 1997
a _ \
ss
monitor the items that will be stored in the buildings and to approve the
rezoning of Parcel C.
Cary Crockett, 219 SW 8 Street, was sworn in by Attorney Ryan. Mr.
Crockett suggested that the petitioner withdraws the rezoning requests
and apply for a Special Exception on all three parcels. Interim City
Attorney Ryan advised that the petitioner can withdraw his application on
Parcels A & B without waiving any right to seek a rezoning if he is
unsuccessful with the Special Exception requests. For the record, Mr.
Merriken restated again that he would ask for a rezoning of the two
parcels if he is turned down on the Special Exception.
Attorney Ryan swore in Mary Ferrer, 222 SW 8 Street. She questioned
whether the petitioner would not be able to come back for the rezoning on
Parcels A & B if the Commission denies the petition tonight. City Attorney
Ryan explained that Mr. Merriken is not asking for denial. The request is
to withdraw rezoning of A & B subject to a Special Exception approval.
Mr. Merriken explained to Mr. Crockett that the rezoning affects property
within the AMO complex and not property on US 1.
Hearing no further comments, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Hyde, to grant the applicant the right to withdraw his
rezoning requests on Parcels A & B without any prejudice to future
applications for the properties.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
A motion was made by Commissioner Etling, seconded by Commissioner
Bertino, to grant the rezoning of Parcel C from Residential RD6000 to C-
3.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-no
Mayor Mikes-yes
For the record, Mr. Merriken expected to begin the Special Exception
process on Parcels A& B at the next Planning & Zoning Board Meeting.
Mayor Mikes assured the public that conditions could be included on
Special Exceptions. As long as Mr. Merriken applies by the end of
December for the Special Exception request and is heard at the January
Planning & Zoning Board Meeting, Mr. Virta expected the Special
Exception request to be heard at the first City Commission Meeting in
February.
CITY OF DANIA MINUTES 19 DECEMBER 9, 1997
i .
4.5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE
"ANGLERS OFFICE PARK"PLAT, SAME BEING: THE SOUTH 231.40 FEET
OF TRACT 3, BLOCK 4, SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42
EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
Z PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
LESS THE EAST 40 FEET, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: (SEE ORDINANCE FOR FURTHER LEGAL DESCRIPTION) -
(SECOND READING OF ORDINANCE - PL-32-97 - PROPERTY LOCATED
5555 WEST ANGLERS/RAVENSWOOD ROAD)
At 11:50 p.m., Mayor Mikes called for a motion to continue the
meeting past midnight.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to continue the meeting past midnight with the
understanding that only items that need to be heard will be heard.
The motion passed unanimously.
Terry Virta, Growth Management Director, mentioned that the property is
a one-lot plat on Anglers Road currently occupied by the Raquet Club.
The owners would like to construct an office building at the location and
the Planning & Zoning Board recommends approval of the plat with no
special conditions.
Mayor Mikes opened the public hearing.
James Stoner, Surveyor for the project, came forward to request approval
on behalf of the applicant.
Hearing no further comments, the Mayor closed the public hearing.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Bertino, to approve PL-32-97.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
4.6 (CONTINUED FROM 11125197 REGULAR MEETING)
VA-31-97—Mario Ducas, Owner/Petitioner, for property located at 140
SE 2 Court.
Variance request from side and rear yard setback requirements for an
accessory building at 140 SE 2 Court. Section 5.44 (a)(1) of the zoning
code requires accessory structures to have 10' side and rear yard
setbacks. The proposed shed is approximately 3 feet from the side yard
lot line and approximately 7 feet from the rear property line.
Terry Virta, Growth Management Director, advised that the petitioner is
requesting a variance for an existing shed that has not received a building
CITY OF DANIA MINUTES 20 DECEMBER 9, 1997
a
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permit. The Planning & Zoning Board and staff do not believe that the six
criteria for a hardship have been met for the variance and denial is
recommended.
Attorney Lee Glassman, representing Mr. Ducas, disagreed with the
statement that the criteria has not been met for the variance since there
was an existing shed when the property was purchased. The old shed
was replaced with the belief that the shed company had obtained all
necessary permits. The new shed is the exact same height and size as
the old one and was placed in the same exact location four years ago.
Mr. Ducas was not aware of a problem with the shed until he was notified
by Code Enforcement that the shed did not meet the setback
requirements. Mr. Glassman presented a picture of the shed and stated
that a hardship exists because it would be costly to move the shed based
on its size. Also, the 10-foot setback would restrict Mr. Ducas from
constructing a swimming pool and would create a selling problem in the
future. It was noted that the shed is 16'x8' and that there is a 25 foot
backyard.
Mayor Mikes urged the public to present comments relating to the subject
matter. Interim City Attorney Ryan clarified that comments would be
relevant as long as the issues relate to the nature of the Code
Enforcement violation and the particular structure.
Mayor Mikes opened the public hearing.
Harold Miller, neighbor, advised that Mr. Ducas has not been living at the
residence during the past four and a half years. Attorney representing
Mr. Harold Miller clarified that his client is concerned that Mr. Ducas will
be using the structure for commercial storage and activity. The attorney
advised that the original shed was 5'x10' and not a 16'x8' shed.
Terry Virta, Growth Management Director, stated that the shed could be
moved to a location on the lot that would be allowable under the Code
because the shed is not attached to any foundation. The sideyard
setback is 7'.
Ann Slatis, 211 SE 2 Street, opposed the idea of Mr. Ducas having to
move the shed to the middle of the yard since she is the only neighbor
who views the backyard.
Hearing no further comments, Mayor Mikes closed the public hearing.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Hy?e, to deny item 4.6.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
CITY OF DANIA MINUTES 21 DECEMBER 9, 1997
r
4.7 VA-34-97— David Merriken, Petitioner for American Maritime
Officers Association (AMO Plans), for property located at 900 SW 2
Avenue.
Variance request for property located at 900 SW 2 Avenue to construct a
wall, with a sign, 134" high exceeding the maximum height limitation of 6'
in accordance with Chapter 28, Article 5.36.
Terry Virta, Growth Management Director, mentioned that the applicant
has addressed all six criteria for a variance. The Planning &Zoning
Board found that the wall would reduce trespassing, vadalism, provide
privacy and upgrade the appearance of organization.
Lt. Griffin, BSO Acting Chief, reported on the arrests for burglaries and
vandalism involving minors in the area.
Mr. Merriken commented on the problem with juveniles who have been
arrested over 50 times and the difficulty that BSO has in stopping the
problem when the courts release the minors. Mr. Merriken mentioned
that the wall would protect AMO's investment and provide security for the
swimming pool. He presented a model of the wall and pictures of the
landscaping improvements.
Mayor Mikes opened the public hearing. Hearing no one speak in favor
or opposition, Mayor Mikes closed the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Hyde, to grant VA-34-97.
Vice-Mayor Cali disagreed with allowing the sign since AMO already has
14 signs on its property. He expressed concern that the variance may
encourage residents to request variances for walls for security purposes.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-no
Mayor Mikes-yes
5.1 WAS HEARD AFTER 4.7
4.8 "AN EMERGENCY ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ORDINANCES NO.02-97, 06.97, ORDINANCE PASSED JULY 22,
1997, ORDINANCE NO, 11-97, ORDINANCE NO. 12-97, ORDINANCE NO. 13-
97 AND ORDINANCE 18.97 FOR THE EXTENSION OF THE MORATORIUM
ON PLACEMENT AND INSTALLATION OF TELECOMMUNICATIONS
FACILITIES; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT
AND AN EFFECTIVE DATE." (FIRST AND SECOND READING OF
ORDINANCE)
CITY OF DANIA MINUTES 22 DECEMBER 9, 1997
i
Mayor Mikes opened the public hearing on item 4.8. Hearing no one
I speak in favor or opposition, the Mayor closed the public hearing.
A motion was made by Commissioner Bertino, seconded by
Commissioner Etling, to adopt the emergency ordinance on first and
second reading.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-no Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEM 1.15 WAS HEARD AFTER ITEM 4.8
5. SITE PLANS
5.1 (CONTINUED FROM 11/25/97 REGULAR MEETING FOR FIRE
INSPECTOR APPROVAL)
SP-18-97- Mike Ambrose, Carnahan Proctor&Associates, Inc., Petitioner
representing Airport America USA, Inc., Owner, requests site plan
approval for a long term parking facility to serve Fort Lauderdale-
Hollywood International Airport.
Terry Virta, Growth Management Director, explained that Lt. Tarmey, Fire
Department, has provided a report with conditions that should be included
in the site plan approval. Mr. Virta advised that the Port Everglades Fire
Department has consulted with Lt. Tarmey about the site.
Mr. Ambrose mentioned his efforts to deliver an executive summary of the
environmental activities for the site prior to 5:00 p.m. tonight. Mr.
Ambrose advised that the soil needs to be removed from under the oil
tanks and that the process cannot be started until the site plan is
approved. He also mentioned that permits must be received from the
Florida Department of Environmental Protection. Mr. Ambrose read the
memo from Lt. Tarmey dated December 9 and agreed with the conditions
as recommended.
A motion was made by Commissioner Hyde, seconded by Commissioner
Bertino, to approve SP-18-97 with the conditions listed in Lt. Tarmey's
memo dated December 9 and with a one-year condition on the site plan.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
6. CITIZENS' COMMENTS: COIMMENTS by dania citizens or interested
parties that are not a part of the regular agenda should be given in writing or
CITY OF DANIA MINUTES 23 DECEMBER 9, 1997
i
communicated verbally prior to 4:00 p.m.the second (2n°)and fourth (0) 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.
6.1 Bob Adams & Helen Udell— Dismas House Charities
Attorney Emerson Allsworth clarified that Bob Adams and Helen Udell
have given over their time for him to address the City Commission. Mr.
Allsworth urged the City Commission to schedule a workshop meeting
prior to the regular meeting January 13, 1998, to discuss the delay in
construction for the Dismas Halfway House. Mr. Allsworth advised that
60 to 70 persons depend upon the Halfway House operating at the
Poinciana Hotel and that the delay in renovations have caused a
hardship. Mr. Allsworth assured the City Commission that a hold
harmless letter could be provided to allow Dismas Charities to continue at
no risk to the City. Discussion followed on the lengthy process involved
with amending the zoning code to allow a special exception in a C-3
zoning district.
Mr. Allsworth stated that a demolition permit and occupational license
have been issued by the City for the facility. In regards to recent legal
opinion confirming that the use is legal for operation on the third floor, Mr.
Allsworth was confused on how the facility would operate without
accessing the 15' and 2nd floors.
Mayor Mikes mentioned his displeasure with the way that the facility use
was never formally approved to operate and his concern with the mis-
handling of prisoners over the years. Discussion followed on the need for
the issue to be handled by the City's Special Counsel, Earl Gallop.
The City Commission generally agreed to direct City Manager Smith to
communicate with Mr. Allsworth on adding the issue on one of the
upcoming workshop meeting agendas in January. In an effort to speed
up the process, the City Commission agreed to have Interim Attorney
Ryan draft an ordinance amending the zoning code to create a Special
Exception use in a C-3 zoning district with review by Attorney Gallop.
ITEM 8.5 WAS HEARD AFTER ITEM 6.1
7. EXPENDITURE REQUESTS-none
8. DISCUSSION AND POSSIBLE ACTION
8.1 Discussion of 51h Avenue/linear park. (Mayor Mikes)
Don Windham, Calvin & Giordano, advised that his office has researched
the area along SE 5`h Avenue and that each existing plat has been
identified. He mentioned the difficulty in identifying the locations of right-
of-ways without title searches being conduct. Mr. Windham agreed to
begin working with Attorney Ryan on determining who the right-of-ways
CITY OF DANIA MINUTES 24 DECEMBER 9, 1997
revert back to and on proceeding with proper notification to the utility
companies and adjoining property owners.
Mayor Mikes mentioned that there are some problematic parcels that are
going to take some time and that work should begin on the larger parcels.
Once the legals on the major parcels are started, the City can begin its
goal of a linear park, Storm Water protection, the enhancement of flow
into Westlake Park and maintaining SE 5'"Avenue as a two-lane road.
Mr. Windham recommended maintaining a 50' City street right-of-way
corridor along SE 5t"Avenue. He mentioned the need to obtain legal
assistance regarding whether a right-of-way has to be acquired back as
an easement if it has been vacated.
The commission generally directed Mr. Windham to work with Attorney
Ryan and begin the process on three of the largest parcels.
1.16 ADDRESSED AFTER 8.1
j 8.2 Continued discussion of Meadowbrook Shopping Center sign
variance request by Sign Language & Co., Inc. (Staff) (CONTINUED TO
1113/98)
8.3 Report from Airport Advisory Board. (Victor Lohmann)
(CONTINUED TO 1/13/98)
i
8.4 Status report on Reuter Solid Waste Disposal Agreement. (Vice-
Mayor Cali) (CONTINUED TO 1/13/98)
ITEM 8.5 WAS HEARD AFTER ITEM 6.1
8.5 Selection of Appraisers for Beach Property Acquisition through
Florida Communities Trust Grant. (City Manager)
A motion was made by Commissioner Hyde, seconded by Vice-Mayor
Cali, to accept staff recommendation to select the two lowest appraisal
companies—Pederson & Trask, Inc. and Hinton &Associates, Inc.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling-yes
Commissioner Hyde-yes Vice-Mayor Cali-yes
Mayor Mikes-yes
ITEM 8.15 WAS HEARD AFTER ITEM 8.5
8.6 Discussion of selection process for legal counsel. (Staff)
(CONTINUED TO 1/13/98)
ITEM 8.7 WAS HEARD AFTER ITEM 8.15
CITY OF DANIA MINUTES 25 DECEMBER 9, 1997
Y' \
8.7 Bass Pro update. (City Manager)
City Manager Smith presented elevation information and a modified site
plan of the Bass Pro project showing the access road being closer to the
railroad tracks and changes to the layout of the parking lot. Mr. Smith
advised that Bass Pro representatives expect to make application for a
building permit on December 19 and it should take staff approximately
three weeks to review the request.
8.8 Progress report on community standards. (City Manager)
(CONTINUED TO 1/13/98)
8.9 Discussion of painting Women's Club. (Mayor Mikes)
(CONTINUED TO 1/13/98)
8.10 Discussion of expanding the Downtown Sign Code regulations to
all commercial areas of the City. (City Manager) (CONTINUED
TO 1/13/98)
8.11 Discussion of Resident Financing Assistance Program for utility
line relocation. (Mayor Mikes) (CONTINUED TO 1/13/98)
8.12 Discussion of Scheduling Report for major City projects.
(Mayor Mikes) (CONTINUED TO 1113198)
8.13 Discussion of correspondence file -city attorney and city manager.
(Mayor Mikes) (CONTINUED TO 1113198)
8.14 Discussion of HUD's Dania Housing Authority Report. (Mayor
Mikes) (CONTINUED TO 1/13/98)
ITEM 8.15 WAS HEARD AFTER ITEM 8.5
Addendum
8.15 Request by Kiwanis Club of Dania to co-sponsor Volleyball
Tournament on February 21, 1998, with Dania's Parks &
Recreation Division. (City Manager)
City Manager Smith requested permission for the Parks & Recreation
Department to co-sponsor a Volleyball Tournament with the Kiwanis Club
for a tentative date of February 21, 1998. The event would be held at the
north end of Dania Beach.
A motion was made by Vice-Mayor Cali, seconded by Commissioner
Hyde, to approve the request. The motion passed unanimously.
ITEM 8.7 WAS HEARD AFTER ITEM 8.15
CITY OF DANIA MINUTES 26 DECEMBER 9, 1997
9. APPOINTMENTS (continued to 1/13/98)
9.1 One (1) member on the Airport Advisory Board.
9.2 One (1) member on Budget Advisory Committee.
9.3 One (1) member on Community Affairs Board.
9.4 Two (2) members on the Dania Economic Development and
Downtown Redevelopment Board.
9.5 Three (3) members on Marine Advisory Board.
9.6 Three (3) members on Occupational License Review Advisory
Board.
9.7 One (1) member on Dania Housing Authority (term expired
11/1/97)
10. ADMINISTRATIVE REPORTS
10.1. City Manager— reminder- December 23, 1997, Commission
Meeting cancelled
10.2 City Attorney -none
11. COMMISSION COMMENTS (none)
AFTER ITEM 8.7, THE MEETING ADJOURNED AT 1:05 A.M.
G �
MAYO -C MMISSIONER
MARIE JABAL ITY CLERK
CITY OF DANIA MINUTES 27 DECEMBER 9, 1997
y
AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 9, 1997
7:30 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING
OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE
CITY OF DANIA IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING
PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO
ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY
CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS
NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS
SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W. DANIA BEACH BLVD,
DANIA, FL 33004, (954) 921.8700 EXT. 202, AT LEAST 48 HOURS PRIOR TO
MEETING.
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
*Reverend Jim Sweet, Dania Heights Baptist Church
ROLL CALL
PRESENTATIONS
1. CONSENTAGENDA
Minutes
1.1 Approval of minutes for special meeting September 11, 1997.
Bills
1.2 Approval of bills for the month of September 1997.
Resolutions:
1.3 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF DANIA FOR IMPLEMENTATION
OF PROGRAMS PURSUANT TO THE ENHANCED MARINE
LAW ENFORCEMENT GRANT (EMLEG) COVERING THE
CITY OF DANIA AGENDA 1 DECEMBER 9, 1997
y \
FISCAL YEAR 1997/98; AND PROVIDING FOR AN EFFECTIVE
DATE." (STAFF)
1.4 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
RATIFYING AND AFFIRMING THE APPOINTMENT OF A
MEMBER TO THE PLANNING AND ZONING BOARD TO SERVE
UNTIL THEIR TERM EXPIRES 12:00 NOON, MARCH 16, 1999;
AND PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR
EFFECTIVE DATE." (STAFF)
1.5 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA, REQUESTING A PORTION OF BROWARD
COUNTY TOURIST DEVELOPMENT TAXES TO OFFSET
MUNICIPAL EXPENDITURES FOR BEACH MAINTENANCE."
(STAFF)
1.6 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THAT CERTAIN SEPARATION AGREEMENT
BETWEEN THE CITY OF DANIA AND MONICA GRIFFITH; AND
PROVIDING FOR AN EFFECTIVE DATE." (STAFF)
1.7 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
RENEWING THAT CERTAIN AGREEMENT BETWEEN THE
CITY OF DANIA AND THE CITY OF HOLLYWOOD FOR THE
PURCHASE AND SALE OF POTABLE WATER; DIRECTING
DANIA'S UTILITY DIRECTOR TO PROVIDE NOTICE TO THE
CITY OF HOLLYWOOD OF THE RENEWAL; PROVIDING THAT
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE." (STAFF)
1.8 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
CHANGING THE NAME OF DANIA PARK TO FRANK C.
"TOOTIE" ADLER PARK; PROVIDING THAT ALL RESOLUTONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE." (STAFF)
1.9 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROPRIATING $5,000 TO BE USED BY THE FLORIDA
DEPARTMENT OF TRANSPORTATION IN COORDINATION
WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
FOR A DETAILED STUDY OF LOCATIONS AND COSTS FOR
i URBAN GREENWAY WALKABLE TRANSIT CORRIDORS
WITHIN THE CITY OF DANIA; PROVIDING FOR
APPROPRIATED FUNDS TO BE USED FOR PROJECT
i
j CITY OF DANIA AGENDA p
DECEMBER 9, 1397
i
r
Y
PLANNING EFFORTS IN CONJUNCTION WITH AN EQUAL
CONTRIBUTION FROM THE CITY OF HOLLYWOOD AND A
MATCHING $10,000 FLORIDA DEPARTMENT OF
TRANSPORATION CONTRIBUTION; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HERREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(STAFF)
~ 1.10 "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO ADOPT A 12,181 SQ. FT PARCEL, LOCATED
WITHIN A PORTION OF PARCEL "B" OF "THE NCL PLAT"
MORE LEGALLY DESCRIBED AS FOLLOWS: A PARCEL OF
LAND LYING IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE
42 EAST IN THE CITY OF DANIA, BROWARD COUNTY,
FLORIDA, BEING A PORTION OF PARCEL "B" OF "THE NCL
PLAT", ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN PLAT BOOK 150 AT PAGE 50 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA AND BEING MORE
PARTICULARLY DESCRIBED BY MEETS AND BOUNDS AS
FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF
SAID PARCEL "B"; THENCE S 06143'38" W ALONG THE WEST
LINE OF SAID PARCEL "B" FOR 25.96 FEET TO A POINT OF
NON-TANGENT INTERSECTION WITH THE ARC OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, WITH
SAID POINT OF NON-TANGENT INTERSECTION BEARING N
00056'29" E FROM THE CENTER OF SAID CURVE AND SAID
POINT OF NON-TANGENT INTERSECTION ALSO BEING THE
POINT OF BEGINNING OF THE HEREINAFTER PARCEL OF
LAND; THENCE DEPARTING SAID WEST LINE OF PARCEL
"B," SOUTHEASTERLY ALONG THE ARC OF SAID CURVE
HAVING A RADIUS OF 232.00 FEET AND A CENTRAL ANGLE
OF 55021'40" FOR 224.17 FEET TO A POINT OF NON-
TANGENT INTERSECTION WITH THE EAST LINE OF SAID
PARCEL "B," WITH SAID POINT OF NON-TANGENT
INTERSECTION BEARING N 56018'09" E FROM THE CENTER
OF SAID CURVE; THENCE S 06143'38" W ALONG SAID EAST
LINE OF PARCEL "B" FOR 160.39 FEET; THENCE DEPARTING
SAID EAST LINE OF PARCEL "B," N 83016'22" W FOR 1.44
FEET TO A POINT OF NON-TANGENT INTERSECTION WITH
THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST, WITH SAID POINT OF NON-TANGENT
INTERSECTION BEARING S 78011'35" E FROM THE CENTER
OF SAID CURVE; THENCE NORTHERLY, NORTHWESTERLY
AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A
RADIUS OF 178.00 FEET AND A CENTRAL ANGEL OF
101056'24" FOR 316.70 FEET TO A POINT OF NON-TANGENT
INTERSECTION WITH SAID WEST LINE OF PARCEL "B," WITH
SAID POINT OF NON-TANGENT INTERSECTION BEARING N
CITY OF DANIA AGENDA 3 DECEMBER 9, 1997
a \
y.
00007'56" W FROM THE CENTER OF SAID CURVE; THENCE N
06043'38" E ALONG SAID WEST LINE OF PARCEL "B" FOR
48.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL
CONTAINS 12,181 SQUARE FEET, MORE OR LESS; FROM
THE FLORIDA DEPARTMENT OF TRANSPORTATION TO
PROVIDE FOR SINGULAR OWNERSHIP OF EXISTING ROAD
RIGHT OF WAY TO BE USED FOR PUBLIC ACCESS
PURPOSE; AND PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
a REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE." (STAFF) (PROPERTY
LOCATED ON GRIFFIN ROAD/1-95 NEAR CSX RAILROAD)
1.11 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
ACCEPTING THE APPOINTMENT OF
AS BROWARD SHERIFF'S OFFICE
CHIEF FOR DANIA DISTRICT II; PROVIDING THAT SUCH
APPOINTEE SHALL SERVE AT THE PLEASURE OF THE CITY
COMMISSION OF THE CITY OF DANIA, FLORIDA; PROVIDING
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE." (STAFF)
1.12 'A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE OPTION AGREEMENT FOR PURCHASE OF
REAL PROPERTY BETWEEN THE CITY OF DANIA AND
CASCADE LAND AND DEVELOPMENT COMPANY FOR
PROPERTY LEGALLY DESCRIBED AS
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
1.13 "RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DANIA AND BROWARD COUNTY FOR ADMINISTRATIVE
SERVICES TO BE PERFORMED BY THE CITY RELATING TO
THE BROWARD COUNTY A1A BEACH TROLLEY SERVICE -
PRIVATE-PUBLIC PILOT PROGRAM; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(STAFF)
1.14 "RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DANIA, SOUTH FLORIDA TROLLEY COMPANY, INC., AND
SOUTH FLORIDA TOURISM COUNCIL, INC., FOR SERVICES
I RELATING TO THE BROWARD COUNTY A1A BEACH
TROLLEY SERVICE - PRIVATE-PUBLIC PILOT PROGRAM;
I
CITY OF DANIA AGENDA 4 DECEMBER 9, 1997
v
PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (STAFF)
Ordinances:
1.15 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
REZONING THE FOLLOWING DESCRIBED LANDS TO-WIT:
LOT 9, BLOCK 26 OF "NORTH HOLLYWOOD" ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE
1 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, FROM RD-6000 RESIDENTIAL TO C-2
COMMERCIAL ZONING DISTRICT, UNDER THE PROVISIONS
OF ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA,
AS AMENDED; PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS AND
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE." (First Reading of
Ordinance) (RZ-33-97 - Property located on the north side of
Sheridan Street just west of SW 2 Avenue) (STAFF)
1.16 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE II, SECTION 4-18 OF CHAPTER 4 OF
THE CODE OF ORDINANCES RELATING TO EXTENDED
HOURS OF SALE OF ALCOHOLIC BEVERAGES; PROVIDING
FOR EXTENDED HOURS LICENSES AND APPLICATION
PROCESS THEREFORE FOR THOSE QUALIFYING
RESTAURANTS AS DEFINED IN SECTION 4-18.1(b);
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (First Reading of Ordinance) (VICE-
MAYOR CALI)
2. PROCLAMATIONS-NONE
3. BIDS-NONE
4. PUBLIC HEARINGS
4.1 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DANIA, FLORIDA, AMENDING CHAPTER 28, BY CREATING
ARTICLE VIII, 'TELECOMMUNICATION TOWERS AND
ANTENNAS"; PROVIDING INTENT AND DEFINITIONS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF TELECOMMUNICATIONS TOWERS;
PROVIDING MINIMUM STANDARDS FOR LOCATION AND
APPROVAL OF COMMUNICATIONS ANTENNAS, PROVIDING
ADDITIONAL USES; PROVIDING FOR SHARED USE OF
CITY OF DANIA AGENDA 5 DECEMBER 9, 1997
COMMUNICATIONS ANTENNAS; PROVIDING FOR
INSPECTIONS; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION; PROVIDING
FOR AN EFFECTIVE DATE." (SECOND READING AND PUBLIC
HEARING OF ORDINANCE)
4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ARTICLE 6, SUPPLEMENTARY USE
REGULATIONS, OF CHAPTER 28, ZONING, OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING
A NEW SECTION 6.64 ENTITLED 'PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH
PROVIDES FOR DESIGN GUIDELINES TO BE FOLLOWED BY
COMMERCIAL DEVELOPMENT ALONG PRINCIPAL
ARTERIALS IN THE CITY OF DANIA; PROVIDING FOR
OBJECTIVES OF THIS SUB-SECTION; DELINEATION OF THE
OVERLAY DISTRICT; PROVIDING FOR APPLICABILITY;
STIPULATING CRITERIA FOR APPEARANCE, LANDSCAPING,
WALLS, FENCING, SIGNAGE AND LIGHTING; AND
SPECIFYING LOCATION CRITERIA FOR DRIVE-UP
FACILITIES; PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE." (SECOND READING AND PUBLIC
HEARING OF ORDINANCE)
4.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING CHAPTER 28, ZONING; ARTICLE 4, DISTRICT
REGULATIONS, SECTION 4.20 - APPLICATION OF
REGULATIONS, OF THE CODE OF ORDINANCES OF THE
CITY OF DANIA, FLORIDA, BY ADDING A SPECIAL
EXCEPTION CATEGORY TO THE RD-6000 DISTRICT WHICH
ALLOWS THE USE OF RECORD STORAGE FACILITIES FOR
CHURCHES AND SCHOOLS WITHIN 200 FEET OF SUCH
APPROVED CHURCH OR SCHOOL; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(SECOND READING AND PUBLIC HEARING OF ORDINANCE)
4.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
REZONING THE FOLLOWING DESCRIBED LANDS TO-WIT:
LOTS 9 THROUGH 12, BLOCK 3 OF "WOODHAVEN
AMENDED" ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 56, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH,
LOTS 11, 12 AND 13, BLOCK 4 OF "AMENDED PLAT
CITY OF DANIA AGENDA 6 DECEMBER 9, 1997
WOODHAVEN" AS RECORDED IN PLAT BOOK 10, PAGE 56,
OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA; FROM RD-6000 RESIDENTIAL TO C-2
COMMERCIAL ZONING DISTRICT; AND, THE SOUTH 50 FEET
OF LOTS 5 AND 6, THE SOUTH 50 FEET AND THE EAST 23
FEET OF LOT 7, BLOCK 3, OF "DANIA HEIGHTS EXTENSION",
AS RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, FROM RD-6000
RESIDENTIAL TO C-3 COMMERCIAL ZONING DISTRICT,
UNDER THE PROVISIONS OF ORDINANCE NO. 100 OF THE
CITY OF DANIA, FLORIDA, AS AMENDED; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING OF ORDINANCE) (RZ-30-97 — property
located on northwest corner of SW 9 Street/SW 2 Avenue)
4.5 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
APPROVING THE "ANGLERS OFFICE PARK" PLAT, SAME
BEING: THE SOUTH 231.40 FEET OF TRACT 3, BLOCK 4,
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, LESS THE EAST 40 FEET, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE SOUTHEAST CORNER OF SAID BLOCK 4; THENCE
DUE NORTH ALONG THE EAST LINE OF SAID BLOCK 4, FOR
A DISTANCE OF 1333.68 FEET; THENCE SOUTH 89°48'48"
WEST, FOR A DISTANCE OF 40 FEET TO THE POINT OF
BEGINNING; THENCE DUE NORTH ALONG A LINE 40 FEET,
WEST OF AND PARALLEL TO THE EAST LINE OF SAID
BLOCK 4, FOR A DISTANCE OF 231.40 FEET; THENCE SOUTH
89048'48" WEST, FOR A DISTANCE OF 626.36 FEET TO A
POINT ON THE WEST LINE OF SAID TRACT 3; THENCE
SOUTH 0006'48" WEST, ALONG SAID WEST LINE, FOR A
DISTANCE OF 231.40 FEET TO THE SOUTHWEST CORNER
OF SAID TRACT 3; THENCE NORTH 89°48'48" EAST, ALONG
THE SOUTH LINE OF SAID TRACT 3, FOR A DISTANCE OF
626.77 FEET TO THE POINT OF BEGINNING. SAID LAND
SITUATE, LYING AND BEING IN BROWARD OCUNTY,
FLORIDA, AND CONTAINING 3.3284 ACRES MORE OR LESS;
AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL
STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID
PLAT OF "ANGLERS OFFICE PARK" PLAT; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
(SECOND READING OF ORDINANCE) (PL-32-97 — property
located 5555 West Anglers/Ravenswood Road))
CITY OF DANIA AGENDA 7 DECEMBER 9, 1997
V
4.6 (CONTINUED FROM 11125197 REGULAR MEETING)
VA-31-97—Mario Ducas, Owner/Petitioner, for property located at
140 SE 2 Court.
Variance request from side and rear yard setback
requirements for an accessory building at 140 SE 2 Court.
Section 5.44 (a)(1) of the zoning code requires accessory
structures to have 10' side and rear yard setbacks. The
proposed shed is approximately 3 feet from the side yard
lot line and approximately 7 feet from the rear property line.
4.7 (CONTINUED FROM 11125197 REGULAR MEETING)
VA-34-97— David Merriken, Petitioner for American Maritime
Officers Association (AMO Plans), for property located at 900 SW
2 Avenue.
Variance request for property located at 900 SW 2 Avenue
to construct a wall, with a sign, 134" high exceeding the
maximum height limitation of 6' in accordance with Chapter
28, Article 5.36.
5. SITE PLANS
5.1 (CONTINUED FROM 11125197 REGULAR MEETING FOR FIRE
INSPECTOR APPROVAL)
SP-18-97- Mike Ambrose, Carnahan Proctor & Associates, Inc.,
Petitioner representing Airport America USA, Inc., Owner,
requests site plan approval for a long term parking facility to serve
Fort Lauderdale-Hollywood International Airport.
6. CITIZENS' COMMENTS: COIMMENTS 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 (eD) 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.
6.1 Bob Adams & Helen Udell— Dismas House Charities
7. EXPENDITURE REQUESTS-NONE
8. DISCUSSION AND POSSIBLE ACTION
8.1 Discussion of 51"Avenue/linear park. (Mayor Mikes)
8.2 Continued discussion of Meadowbrook Shopping Center sign
variance request by Sign Language & Co., Inc. (Staff)
8.3 Report from Airport Advisory Board. (Victor Lohmann)
CITY OF DANIA AGENDA 8 DECEMBER 9, 1997
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8.4 Status report on Reuter Solid Waste Disposal Agreement. (Vice-
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Mayor Cali)
8.5 Selection of Appraisers for Beach Property Acquisition through
Florida Communities Trust Grant. (City Manager)
8.6 Discussion of selection process for legal counsel. (Staff)
8.7 Bass Pro update. (City Manager)
8.8 Progress report on community standards. (City Manager)
8.9 Discussion of painting Women's Club. (Mayor Mikes)
8.10 Discussion of expanding the Downtown Sign Code regulations to
all commercial areas of the City. (City Manager)
8.11 Discussion of Resident Financing Assistance Program for utility
line relocation. (Mayor Mikes)
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8.12 Discussion of Scheduling Report for major City projects. (Mayor
Mikes)
8.13 Discussion of correspondence file -city attorney and city manager.
(Mayor Mikes)
8.14 Discussion of HUD's Dania Housing Authority Report. (Mayor
Mikes)
9. APPOINTMENTS
9.1 One (1) member on the Airport Advisory Board.
9.2 One (1) member on Budget Advisory Committee.
9.3 One (1) member on Community Affairs Board.
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9.4 Two (2) members on the Dania Economic Development and
Downtown Redevelopment Board.
9.6 Three (3) members on Marine Advisory Board.
9.6 Three (3) members on Occupational License Review Advisory
Board.
9.7 One (1) member on Dania Housing Authority (term expired
11/1/97)
CITY OF DANIA AGENDA 9 DECEMBER 9, 1997
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10. ADMINISTRATIVE REPORTS
10.1. City Manager—reminder- December 23, 1997, Commission
Meeting cancelled
10.2 City Attorney
11. COMMISSION COMMENTS
11.1 Commissioner Bertino
11.2 Commissioner Etling
11.3 Commissioner Hyde
11.4 Vice Mayor Cali
11.5 Mayor Mikes
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CITY OF DANIA AGENDA 10 DECEMBER 9, 1997
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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
DECEMBER 9, 1997
7:30 P.M.
PUBLIC HEARINGS:
4.8 AN EMERGENCY ORDINANCE OF THE CITY OF DANIA,
FLORIDA, AMENDING ORDINANCES NO. 02-97, 06-97,
ORDINANCE PASSED JULY 22, 1997, ORDINANCE NO.
11-97, ORDINANCE NO. 12-97, ORDINANCE NO. 13-97
AND ORDINANCE 18-97 FOR THE EXTENSION OF THE
MORATORIUM ON PLACEMENT AND INSTALLATION OF
TELECOMMUNICATIONS FACILITIES; PROVIDING FOR
SEVERABILITY, ORDINANCES IN CONFLICT AND AN
EFFECTIVE DATE." (First and Second Reading of
Ordinance)
8. DISCUSSION AND POSSIBLE ACTION:
8.15 Request by Kiwanis Club of Dania to co-sponsor Volleyball
Tournament on February 21, 1998, with Dania's Parks &
Recreation Division. (City Manager)
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
OPTION AGREEMENT FOR PURCHASE OF REAL PROPERTY BETWEEN
THE CITY OF DANIA AND CASCADE LAND AND DEVELOPMENT
COMPANY FOR PROPERTY LEGALLY DESCRIBED AS
• ; PROVIDING THAT ALL RESOLUTIONS
OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania is in the process of purchasing a
parcel of real property in the western area of the city for the
purposes of constructing and operating a fire rescue facility; and
WHEREAS, Cascade Land and Development Company is offering for
sale a parcel of vacant real property of approximately five acres
which the City of Dania can utilize for its fire rescue facility;
and
WHEREAS, the city commission of the City of Dania wants to
place an option on the subject real estate while it conducts
engineering and feasibility studies to determine whether the fire
rescue facility can effectively operate from the subject location.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That the Option Agreement for purchase of real
property between the City of Dania and Cascade Land Development
Company, a copy of which is attached hereto and marked Exhibit "A",
be and the same is hereby accepted and appropriate city officials
are hereby authorized 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.
Section 3. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 9TH DAY OF DECEMBER, 1997 .
MAYOR-COMMISSIONER
ATTEST:
CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
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OPTION TO PURCHASE REAL PROPERTY
THIS OPTION AGREEMENT entered into on the undersigned date in
Broward County, Florida between CASCADE LAND AND DEVELOPMENT
COMPANY, INC. (herein after referred to as "CASCADE") as
Seller/Optionor and the CITY OF DANIA, a municipal corporation of
the State of Florida (herein after referred to as "CITY") as
Purchaser/Optionee.
WHEREAS, CITY is desirous of purchasing certain hereinafter
described real property from CASCADE; and
WHEREAS, CITY must first determine by engineering surveys the
existing condition of the property, the feasibility of the property
and design requirements for a multiple use fire rescue facility and
must obtain financing for construction of said facility; and
WHEREAS, CITY after making such determinations can then
provide for the necessary capital expenditures for purchase of the
real property and construction of improvements thereon.
IT IS therefore agreed as follows:
1. OPTION PERIOD:
CASCADE hereby grants to CITY on option to purchase the
real property for a period of sixty days commencing on
the undersigned date both parties hereto have executed
this agreement and ending at 5: 00 p.m. sixty days from
said date.
2 . REAL PROPERTY:
The property for which this Option is granted is legally
described as follows:
The property is generally located at S.W. 301" Avenue and
S.W. 451" Street in the CITY OF DANIA.
3. PURCHASE PRICE:
The purchase price for said real property shall be
and shall be paid in full at closing.
4 . EXERCISE OF OPTION:
a-� I B
The CITY shall exercise this option by sending its
written election to CASCADE at anytime during the option
period by express mail or other courier service or by fax
addressed to Cascade Land and Development Company c/o
Michael Nuckles Realty, 4280 Galt Ocean Drive, Fort
Lauderdale, Florida 33308, fax (954) 566-2133.
5. PURCHASE PRICE:
The purchase contract shall be the Realtors Association
of Hollywood-South Broward, Inc. contract for sale and
purchase of real property with vacant land rider, a copy
of which is attached hereto and the terms of this Option
Agreement shall be incorporated into said contract form
and shall supersede any conflict therewith.
6. OPTION MONIES:
CITY shall send payment to CASCADE of Dollars
($ ) for this Option within five (5) business days
after this agreement is delivered to CITY executed by
both parties . In the event CITY elects to purchase the
real property under this Option, the option money shall
be applied to a portion of the purchase price. If the
Option is not exercised, the option money is not
refundable.
7 . ENVIRONMENTAL REQUIREMENTS:
CITY shall be entitled to make an engineering
environmental Phase I and II Survey of the property, and
if the surveys determine it necessary, a Phase III
survey. If the surveys determine it necessary to meet
governmental (by agencies having jurisdiction) standards
by removing hazardous waste or other required
environmental clean-up; then it shall be the
responsibility of CASCADE to complete such clean up
before closing or at CITY' s election to escrow a
sufficient portion of the purchase price to pay for such
environmental clean up after closing. If the cost of
clean up shall exceed ten percent (10%) of the purchase
price, CASCADE shall have the option to cancel this
Option and the Purchase Agreement by first giving written
notice as provided herein to CITY and CITY shall, within
ten (10) business days after receipt of said notice to
cancel, elect to assume the additional cost of the
environmental clean up by written notice sent as provided
herein or accept this Option cancellation and the Option
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monies shall be returned to CITY.
8 . CLOSING:
Closing shall be held at the CITY ATTORNEY' S office, Ryan
& Ryan, P.A. , within fifteen (15) business days after
completion by CASCADE of furnishing all title
requirements of the Contract for Purchase and all other
requirements of this Option and the Contract for
Purchase.
9. INSPECTION:
CITY shall be entitled, during the Option period and
before closing after exercise of the Option, to make all
inspections and surveys contemplated herein and in the
purchase contract upon the land and the improvements
thereon.
Signed, sealed and delivered
in the presence of: CITY OF DANIA, a Florida
Municipal Corporation
By:
BOB MIKES
Mayor-Commissioner
By:
MICHAEL SMITH
City Manager
ATTEST
MARIE JABALEE
City Clerk-Auditor
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APPROVED FOR FORM AND CORRECTNESS
TIMOTHY M. RYAN
City Attorney
STATE OF FLORIDA )
COUNTY OF BROWARD
The foregoing instrument as acknowledged before me this day of , 1997 by Bob Mikes, As Mayor-Commissio—
ner
and Michael Smith, as City Manager of the CITY OF DANIA, a Florida
Municipal Corporation, on behalf of said corporation.
Who:
is personally known to me, (or)
has produced as identification.
Notary Public
My Commission Expires:
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CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY Date of last execution by
(IF THIS IS AN FHA,VA,CONDOMINIUM,COOPERATIVE or VACANT LAND CONTRACT,RMERS ARE Buyer or Seller
REQUIRED,A DISCLOSURE SUMMARY IS REQUIRED IF A HOMEOWNERS ASSOCIATION EXISTS.IF EFFECTIVE DATE
THE PROPERTY WAS BUILT PRIOR TO 1978.A LEAD BASED PAINT DISCLOSURE IS REQUIRER)
To be filled in by Last
Party to Sign or Initial
Seller:
'— Tel;
of
Buyer:_
of
Tel:
hereby agree that file Seller shall sell and the Buyer shall buy the following described property together with existing improvements
thereon, UPON THE TERMS AND CONDITIONS I4EREINAFTER SET FORTH,
I. LEGAL DESCRIPTION of real estate located in_ County,Florida.Tax Folio N
ADDRESS:
(strtt0 (Apt./unit) (city) (Zip+a)
SELLER OWNED PERSONAL PROPERTY INCLUDED: All fixed equipment,all window screens and hardware,all attached
floor coverings and attached lighting fixtures as now installed on said properly. Also included:
_Central A/C _Refrigerator _Microwave Oven _Above Ground Pool _Security System
_Cemml Ilea) _Dishwasher Washer _Pool Filter System Smoke Deteclor(s)
_Wiling Fans A/C(s) _Disposal _Dater _Pool Molar&Pump _Sprinkler System w/Pump
_Ceiling Treat Ronne _Water Door Pool Equipment Storage Shed
_Window Treatments _Oven _Garage Door Opener _Spwllol Tub _TV Antenna
ADDITIONAL PERSONAL PROPERTY INCLUDED:
LEASED EQUIPMENT IF ANY(e.g.,Security System,Appliances,ctc.)
Seller represents I Intl the property can nowbe used for[fine followi ng purposes:
2. PURCHASE PRICE in U.S. funds ................................:.............................................................................. $
J. METHOD OF PAYMENT:
(a) Deposil(s) to be held in escrow by S
(b) Additional escrow deposit due within_banking days after Effective Date, [line being of the essence..S
Escrowed funds may he placed in an interest hearing account with Interest to accrue to the escrow
agent unless precluded by law.
(c) Amount of new note and mortgage to be executed by the Buyer to any lender other than the Seller. ........$
TYPE OF MORTGAGE(CHECK ONE) I I Conventional, I I FHA, I I VA (If FHA or VA see Rider)
I I Fixed Rate, I I Variable, I I Other at prevailing interest rate, payable in monthly installments to
include interest for a period of years. (30 years if left blank) Buyer agrees to make a written
application within five banking days and to snake a good faith,diligent effort to obtain[Ise loan.
The commission or omission of any act by the Buyer calculated to produce a rejection by the
Prospective lender shall constitute an act of default under this contract.
(d) Conditioned upon Buyer assuming I I fixed rate I I adjustable rate I I balloon mortgage in favor of
presently bearing interest at %and presently
payable S_ per month(P.I.__) having an approximate balance of ....................S
(APPROVE BY CHECKING ONE ONLY)
I I At present terms and interest rate for the period of the mortgage
I I At an interest rate changeable to the rate of interest prevailing at time of closing and upon
such terms and conditions as are required by lender,which Buyer agrees to accept.
Note-if more than one existing mortgage is being assumed,place total of other balances here and describe
its terms in Paragraph P(SPECIAL CLAUSES)of this Contract or on an Addendum
f l 2nd Mortgage I I Jrd Mortgage ................................................................................................ S
(a) Purchase money mortgage and note to Seller in the principal amount of$ bearing
interest at_%for_years. I I Freely Assumable I I Assumable w/Qualifying
Payable as follows:
I I Assumable w/Qualifying&Rate Change I I Non-Assumable M Balance of funds due from Buyer in[lie form of U.S.currency trrency or cashier's check drawn an a Florida
financial institution,upon closing and delivery of deed(or such greater or lesser amount as may
be necessary to complete payment of purchase price after credits,adjustments and prorations) .............. S
(g) PURCHASE PRICE ................................................................................................................
4. CONTRACT RIDERS:I I FHA or VA,I I Condominimn,I I Co-op,I I Homeowner's Association,and/or I I Vacant Land:
See appropriate rider(s)attached hereto and made a part hereof,
S. TIMEFOR ACCEPTANCE:Iflhis Contract is not excenledby Selleratd Buyeron orbefore .19
Owe deposit shall,at file option of Buyer,be returned to Buyer and this Contract shall be null and void.
6. CLOSING DATE:This Contract shall be closed and Ilia closing documents and possession shall be delivered on or before
19_,unless modified by other provisions of this Contract or separate agreement.
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. ESCROW:Time isafthe asaseeonly with reference to the Payroll ofed escrowdePosits.The Pmyorentityremivingthedgmil(s)agtees bytheacceplan,
thereof to deposits)than promptly,to hold he folds in escrow,mid to disburse the same,subjectto clw nce,in accordance Mill this Contract.Failure ofcicaau
of funds shall not excuse performance by Buyer.Provided,however,that in he event a dispute shall arise between may of the parties to this Contract As to the prop
disbursement of the deposigs),the party holding the deposigs)may,at his option:(1)take no action and hold all funds(and documents,if any)mill agreement
reached between the disputing parties,or until ajudg,nat hu been rntaed by a court orcomperadjtuisdiction mid The appeal penicillin expired thamn,on fappeali
then tell]]the molter has been finally conducted and then to act in accordance with such film]judgmen4 or institute an action for declaratory judgment,intaplead
or otherwise joining all affected panics and Ihaealter complying with he ullimntejudgmeat of the court with regard to the disbursement of the deposigs)m
disposition of dmumatts,irony,Ill the event of ary suit besveal Buyer mid Sella wherein the escrow agent is made a party by virtue of acting ins such escrow ago
hereunder,or us am event of ary Nit wherein escrow agent interplmds the subject matter of this=row,the escrow agent shall be entitled to recover all attorney
Ices mid costs incurred,mcludtngmstsmd attomey's fees for appellate proceeding,ifw y.The escrow agent shall be entitled to on award against the depos
funds for Stich costs and atlomey's fees.Any casts and Attomey's fees awarded to the escrow agent shall be reimbursed to he prevailing party and charge
as court costs against the losing party or parties,jointly and severally.The party receiving the deposigs)shall be eaided to the foregoing imerpleader reli,
aid award afanomey's fees and cast regardless of whether said parry Is also claiming a portion of deposil(s)monies as eal estate commission and whether or n
snit is first filed by one or both Buyer err Seller m a sail involving the escrow holder and whether or not any poly Buyer or Seller has an independent action again
the escrow holder and whether or not the escrow holder inaialed the mtapleader action Ibr his own protection.Any escrow,agent who holds may dePositi s)and
die lenns of this Contract shall,upon the filing arm interpleader action,he obligated to deliver said deposit(s)to pie registry of the covet for disposition in uceorJam
will,he interpleader order.
B. MORTGAGES;
I. NEW MORTGAGES:Ifthis Contract provides tarBuyer to obtains newmortgage,then Buyer's performance order hisContmct shall bemntingent upon Buy"
obtaining said mortgage financing open the terns sated,or if nave Are slated,then upon he lams generally prevailing at such dine in the county,whore the paper,
is lomlpl. In the cremt Buyer exa tams A nmr mortgage,all charges Incidental to the mortgage shall be paid by the Buyer.In theevau a leper of approve
for said f naming is not obtained within thirty(30)hesking days train die Eft ctive pale of this Contract,then either party may terminate this Contract by deliver
Of written notice to the other party or his agent,the deposigs)shall be rehuneJ to he Buyer aid all parties stand be released from all further obligations haeunde,
This right of tenninalion shall cease upon the Buyer obtaining a writhan letter of approval regardless of contingencies for mortgage financing at the ate mid tern
of paym It previously specified herein prior to the delivery of he notice of lenmirmion.
2. EXISTING MORTGAGES:The Seller shall obtain and famsh an estoppel stale nt from the mortgagee selling forth am principal below,escrow bales a
method of payment,interest rate,Fissionability and whether he mortgage is in good standing If thae is a charge for the change of ownership,including charges fc
al assumption fee,it shall be hanne equally by the Buyer and the Sella.
Buyershall make application forassunplion of the existing mortgage within five(5)banking days from the ERmfive Dateof Ibis Contract.Buyeragre s;to md>
a goad faith,diligent cffur to assume the existing mortgage and agrees to execute all dmumcria required by the mortgogm for the assumption of said mongnge
In the event the mortgagee dons not give wrihea consent to permit the Buyer to Assume The existing mortgage at the Mite and terms of payment specified in Pomgmpl
sh(d)herein nedy the Balking days,that either parry may terminate this Contract by delivery ofwgiltan notice to the other party or his agent.then the deposit as
shall be returned to the Bay mid all parties shall be released from all fiudla obligntiam hereunder.This right of temninotion shall cease upon the Buyer obtaining
written approval for assumption of the mortgage prior to the delivery of the notice of termination.
If the total morlgnge indebtedness on thepmPerty is less than the amount indicated in this Contract by an amount greater than two percent(2%),the Selle
shall have the option to reduce the purchase price by the difference or grant the Buyer a Purchase Money Mortgage At the same lerms and conditions of the existin)
mortgage for the difelarce.Should the Sella clecl not to reduce the purchase prim or grant the mortgage,the Buyer shall have he right to provide the addition
cash needed to close or to declare this Contract null and void.
3. PURCHASE MONEY MORTGAGES TO SEIJ.ERS:Except As spmifully hereinafter provided,anygachau money note sad mortgage to Seller shall follow
a form with terns gmemlly accepted in the county where the property is located.A purchase moray mortgage shall provide for an annual proofof paymrnl of tares
mid insmanceagninst loss by fire with exlendedcoveage loan amoral not less then the fill insurable valueofheimprovements.Sellersball benmedon the insurance
POliry an A loss Pays.A firm mortgage and note shall provide for acceleration,at he option of the holder,aR"thirty(30)days'defmul4 and ajunior mortgoge shall
provide for acceleration,at the option of the holder,after in(10)days'defndt.The note shall provide for a]ate charge of five parent(5%)of the payment due it
Payment is received by the martgagce more than ten(10)days after the due dale and mortgagee has not elated to accelerate.Junior mortgagn shall require the owner
Of the property enaunbered to keep all prior liar and encumbrances in good standing mid shall forbid the owner from accepting modifications or fiaune advances
wider Any prior mortgages,Any prepaymml shall apply against principal Amounts last marring.
All personal PrOPetty conveyed will,at the option of Seller,be subject to the mortgage and evidenced by"Financing Slaternal
C. INSPECTIONS: (Access and all utilities for mmplellon of Inspections shall be provided by Seller.)
1. SCOPE OF INSPECTIONS:Buyer shall,at his expanse,have the right to make he fallowing inspections:
(a)Termite:Inspection must be performed by a licensed exterminating company,to detmnine whether there are active lenrdte,fungus(dry-ell)or other wood-
destroying organisms on the property or damage from presern or Prior termite or wroal-desuroymg organisms.If thee is such infestation or damage,Seller shall pay
the cast of treatment.repair or replacement of the property which is in(sted or damaged.Where no active wood destroying infenation is observed,treatment or
eradication shall not be required,at Sellers expense,unless required by die lender.
(b)Roof.Inspection must be performed bys licensed Florida roofer or licensed Florida General Contractor to determine that there is no evidence of existing roof
leaks or damage to facie or satin.If inspection reveals that repairs and/or replacements are required,costs of sane shall be paid by Seller.If roof is found to be leak
from,no re-roofing will be required,notwithstanding the condition of roofing materials,including,but not limited to loose,cracked or slipping tiles or curled
shingles.All missing tiles or shingles must be replaced.
(c)Other Inspections:Buyer,at his expense,may make such other inspections of the premises as he dams reasonably necessary.Said inspections shall
be made by licensed persons or companies qualified to perform the inspections and give estimates.Anyaddilional inspections recommended by the inspection
company will be performed at the Buyer's expense.If the Inspections reveal functional defects(as distinguished from aesthetic defects),the cost of same
shall be paid by Seller.
(it)Personal Property:Seller represents that all appliances,machinery and equipment shall be in working order at date of closing.Ui nspecttons reveal
[list repairs or replacements are necessary,the cost of same shall be paid by Seller.
A)All inspections and repairs shall include Allender structures on the property except for fences and sheds.
in Seller is not required to repair cosmetic conditions(aesthetic defects)unless The cosmetic condition resulted from a functional defector repair of
a functional defect."Functional defect"means not operating in the manner in which the item was designed Ice operate and"cosmetic condition"means
Aesthetic imperfections which do not Affect the working condition of the item,including,hen not limited to:Leers in items other than window screens or
screen enclosures;wont spots;discoloration of Boor coverings,wallpapers and window Ireaunenls;discoloration err staining ofpool marcile;nail holes;
scratches;dents;scrapes;chips;and cosmetic cracks in ceilings,walls,flooring,tile,fixtures,mirrors,windows,driveways,sidewalks,decks,slabs,and
Boors,including garage and patio.
FOR
tten reports
closing.Failure orBuyer INSPECTIONS
make one or more of the above inspections shnd all be dcmll be ed a waiver a(Ihe ted ins later
pmlons not lcn made anday rights derivedhereund
3, RESULTS OF INSPECTION:
(a)Copies of inspection reports andestimates pertaining to same,must be provided[call Buyers,Sellers,real estate broken,lending institutions,attorneys
and title companies as requested.
by Inspection reports must include monetary valve Amounts relating to the repairs cited.
(c)Inspections pursuant to this Contract are the responsibility of the parties,Brokers shall not incur liability to either parry slamming from assistance
rendered in the inspection process,
4. REB4SPECTTON:If Seller disputes Buyer's inspection reports,Seller shall have the right to have additional inspections mode at his cost which will be
completed within five(5)days of receipt of the disputed report.If Buyer's and Seller's inspection reports do not agree,The parties shall agree on a third
inspector,whose report as to condition and required repairs shall be binding upon the parties.Said inspections)Anll be completed within 3 Jays of said
agreement.The cast of the third inspection shall be home equally by Buyer and Seller.
5. LIMITATION CIAIISE:Seller shall be responsible for the aggregate costs of the above treatment,repairs and replacement up to four percent(4%)of
the purchase price including the cost of tend relmation,if necessary.If the total cast of matters to be remedied under Paragraph C.].exceeds this amount,
either party shall have the option of paying any amount in excess thereof and this Contract shall remain in rut]farce and effect.If neitha party agrees to pay
such excess,then,al Seller's or Buyer's option,this Contract MAY be cancelled by delivery of written notice to the other party.In the event ofsuch cancellation
all deposits made shall he returned to Buyer,%hereupon all parties shall be relieved of all obligations under ibis Contract.Seller may use a licensed Contractor
and materials O(Seller's choice to perform all necessary repairs,providing they meet Ito uPPlicahle building coda.An or repairs have been Cmpleted,Buyer,
21 Buyer's expense,may have a reiuspection of n:pairs.
r
D. PRE-CLOSING EXAMINATION:In addition to the above inspections.Buyer shall have the right to apre-closing examination(walk through)of the
Premises prior to closing.The sole purpose of the"walk through"shall be limited to identifying changes in condition of the property which have arisen or
circumstances which could not have been readily observed since Ilse execution of this Contract.The pre-closing examination expressly is NOT on additional
inspection.Any changes in condition noted at the"walk through",with the exception of normal wear mid tear,shall be the responsibility of Seller.
E. LEASES AND TENANCIES:Prior to the execution of the Cantrnct the Seller shall disclose to the Buyer in writing all occupancies or rights to
occupancy,rendAl,rote,nature,Duration and terms(including any special clauses or covenants),if all occupancies.Within fiftren(I5)days after execution
of Contract,Seller shall foolish[o Buyer copies t all written leases and statements from each tenant verifying the accuracy of statements previously
famished by Seller.If Seller is unable ta obtain the foregoing statements from tenants,the same information may be provided in a Seller's Affidavit.If ,
there isA Palednl Discrepancy belween In BuyMean
r provide) cuSellerand verification received by Buyer,this Contract at Buyer's option may be cancelled
A all Deposits made shall be resumed to Buyer.No new occupancies shall be created without the written consent of Buyer,which consent shall not be
unreosoA bly wiflo it Seller shell deliver and assign all existing leases,unmodified,to Buyer at closing.
ARENTALS shall .Y DEPOSITS: SecurityDeposits,i(any,tolheextentthey have not barn applied bySeller ineccordance wish the rental agreement
A
current law,shall be tronsferrcd to Buyer pursuant to Florida Low.
An EVIDENCE OFTITLE: Evidence Title se shall11show ASoed to a dale subsequent o the EffecBve Date of this Cmdrack but not more tlun thirty(30)days prior
la dame of m cAcumclosing.Evidenceof Title shall show in Sellers marketable title in accordance with amen title standards adopted by the Florida Bar,subject
only to liens,rncunhrmees,exceptiohvt or gunlifimtioaa set forth in this Contract old thou which shall be discharged by Sclla m or before closing.Evidence of
Tills slmll be delivered within Ica(10)Jays other the Iiffalivc Dmc of this Contract,or fi0cen(15)days prim to the closing date set forth in Paragraph 6,whichever
is earlier,and if not,Buyer may delay closing date in order that Brayer has RRecn(15)days from date of receiving said title evidence to examine same.If title is found
tsixty(60)o be defective,Buyer shall,within a reasonable period,notify Seller in waling and specify the defects.If mid defects render hlle unnarkaable,Seller shall have
er mid
title0 it is,Wading The losngdote receipt orstich tip oOtim ne(1)cum yearordemandingae deals,mid if lrefiui oralI depositsmriod Seller adeher I noteunderwave hch shall forth witthe defeets, h be«conned to Buyer, thereuppon
to comeud Seller shall be released atoll itprovideto each other under this Conrad.Selleragrees that he will,iftille isfarad lobe unmarketable,use diligenteffort
to cored the defa(s within the AMC limit provided.
Seller,at Seller's expense,shall deliver to the Buyer,anent the fallowing evidences of tide.Buyer shell paythe Cart of the title Insurance policy($)on
the subJecd property:
(1)An existing title insurance policy,qualified as a base for reissuerw of coverage on mid property at the purchase price,ogelher with an abstract Continuation
from the Effective Date of said policy,or together with A computer printout and name match Draft entries reflecting all documents erecting the property Gem the
En4dve Rate of the policy.Continuation shall le by Buyer At Sellers expense not to exceed what normally and reasonably is charged in the community.Sella shall
be obligated to provide at Seller's expense copies of all documents aff xting the title to 0ie property,
(3)An:dar l Title
a prepared mid brought current by an abstract campnly or title Agnes Approved by Buyer,commencing with the enliest possible records.
(3)A Slandarl Title Gmumice Commitment issued by a qualified title insurer or agent approved by Buyer Agreeing to issue to Buyer a Standard Owner's Title
Insurance Policy in the Amour of the purchase price.
ff. APPRAISAL VALUATION:lit the event the appraisal is less than this Contract's purchase price,the parties shall have the following options:
(I)Seller may agree to sell the property at the appraised value.
(2)If the mortgage loan amount must he reduced by the lender,the Buyer will deposit the cash difference to the escrow agent within five(5)banking
days after receiving notification of the evaluation and proceed with the purchase at this Contract's purchase price.
In the event that none of the above options is exercised,[hen Buyer and Selleragree to a twenty(20)banking day extension in order for the parties to attempt
to obtain a higher valuation or the parties may agree to renegotiate the terns and conditions of this Contract.Failing said subsequent agreement,ibis
Contract shall become Audi and void with all deposits returned to the Buyer,whereupon all parties shall be relieved of ell obligations under this Condinet.
1. DEFAULT:
1.DEFAULT BY BUYER:If Buyer fails to perform this Contract within the time specified,an amount equal to the deposits)made or agreed to be made
by Buyer,or ten percent(I o%)of the purchase price,whichever is greater maybe retained or recovered by or for the account of Seller as liquidated damages,
consideration for the execution of this Contract and full settlement of any claims;whereupon Buyer shall be relieved of all obligations to the Sella under
Ill is Contract;or Seller,at his option,may proceed in equity for specific performance of this Co to Broker as set forth in Paragraph Q nlmd.Nothing herein contained shall aBcet Buyer's obligation
,
2.DEFAULT BY SELLER:If,for any reason other than failure of Seller to make title marketable after diligent effort,Seller fails, egl nects or refuses
to perform this Contract,the Buyer may seek specific performance or elect to receive the return of Buyer's deposil(s)without thereby waiving any action
for damages resulting from Seller's breach.
Seller's failure la produce marketable fitle or failure to correct violations of government regulations shall not Affect Sellers obligation for Broken
professional fee in full as provided in Paragraph Q.
J. CLOSING:
I. PLACE:Closing shall be held at the office of Buyer's attorney or closing agent,if located within the county in which the property is siluated;if not.then
01[he once of Seller's attorney or closing agent However,if a portion of the purchase price is to be derived from institutional financing or refinancing,the
lender's requirements as to place,time,date and procedures for closing mid for disbursement of mortgage proceeds shall control,anything in Ihis Contract
to the contrary notwithstanding.
2. DOCUMENTS:Seller shall furnish dead or other instrument of Conveyance,mechanic's lien affidavit,bill of sale.assignment of leases,purcham money
note and mortgage,security agreement and financing statement,and any corrective instmmends that maybe required in connection with perfecting the title.
Each pany.shAll p«pare And famish its own closing statement.
3. EXPENSES:The cost of providing Evidence of Title covering the period prior to closing,stale documentary stamps which ere required to be a fit xed to
the instrument of conveyance,recording of any purchase money mortgage to Seller,settlement fee charged by closing agent for settlement services n behalf o
of Seller,and the cost ofrecarding any coneclive documents shall be paid by Seller.Documentary stamps and intangible tax on the note or nodes secured
by the purchase money mortgage,and die cast of recording the deed and Any financing stalemnns shall be paid by Buyer.Seller shall pay any prepayment
penalties intoned or charged n mdisfying existing mongnges.
4. PROBATIONS:Any references in Ihis Contract do promtions shall be as of the date of closing unless occupancy oaten prior to closing,in which case
promtions shall be es of the dale of occupaney,unless otherwise provided:
(o)Proration of Taxes(Real And Personal):Tezes shall be prorated on the current year's tax without regard to discount.If closing acme on a date when
the ennead year's milinge is not fined,end the cunenl year's assessment is available,taxes will be prorated based upon such assessment and the prioryear's
millege.If the cunenl year's assessmelll is not available,taxes will be prorated on the prior ymr's tax without regard to discount.If Ihtte ere completed
improvements by January tat offce year ofclosing,which improvements were not in existence on January dst orlhe prior)d loxes will be prorated hosed
upon the prior year's d u o n end An equitable estimated assessment of the progeny,es improved.Any tax pro:lion bored upon any estimate shell be
sub(b)Proration
readjusted upon receipt of the tax bill.
(bu Proration e i ncrathisArence:Buyer shall have the option of taking over any existing policies of insurance an the property,if assumable,in which event
premiums shall be prorated
(c)Other Prorations:Rent,Association Dues,Condo Dues,interest,appliance service Women(if Buyer requests transfer),any other expenses and
revenues of the property shall be prorated.
K AFFIDAVITS:Seller shall famish to Buyer at time Of closing an affidavit attesting to the absence of any claims of lien or potential lienors known to
Seller.If the property has been improved within ninety(90)days prior to closing,Seller shall deliver to Buyer an affidavit sitting forth names and addresses
of all Contractors,sub-Contmnors,suppliers and muterialmen and stating that all bills for work on subject property have been paid.Buyer mayrequire rclmus
of all potential liens.Seller shall also famish a"Gap"affidavit and my other Affidavits which may reasonably be required by the closing agent.
L CONVEYANCE AND TRANSFER:Sellashallconveyrml Prof"oBuyer by Statutory Warranty Dad(undess selling in a representativecapacity)subject
do: (1)loxes furyCar of closing and subsequent years,(2)zoning Millar restrictions and p:hibitions imposed by governmental authority,(3)restrictions mid other
"norttersappemingontheplatand/crwimnontothesubdivisioq(4)ulilityc s nmilsofraord,provided said easements do not«asormhly interfere with the intended
um of the property,and(5)other seamen specified in this Contract,including mortgages to be provided
by Buyernnd Purchase Money Mortgages,ifany.All reverter
;:visions Ands aions shall he released of record At Seller's expense unless extinguished by the Marketable Record Title Act or unless the right ofre-entryor
the reservation has lam released by oiherstatmary uutaority or by the state of Eland a.Personal properly shall be minsfirred by Bill of Snlc Ahsulum,subjm only
to such liras as speed to by the parties.
M. OCCUPANCY AND POSSESSION:Selleragrees to deliver possession,and all keys far locks and alarms irony,upon closing and Grading and represents
that there are no other persons in occupancy,unless expressly agreed to by the parties. If the property is rental property,Seller shall provide the infom admit
required by this Contract as to existing tenants,
i. MISCELLANEOUS:
. SURVEY:Buyer may have the property surveyed at his expense.If the survey,certified by a registered Florida surveyor,shows any encroachment on
he property or that Improvements intended to be located on the property do,in fact,encroach on lands of others or violate any other Contract covenants,the
:ame shall be treated as a title defect.
!. SPECIALASSESSMENrLIENS:Certified special assessment liens as ofthe dale ofclosing are to be paid bySelln.Pending liens as ofthe date ofclosing
:hell be assumed by Buyer Where the improvement has been substantially completed as ofthe Effective Date of this Contract,such pending liens shall be
:onsideed as certified,and Seller shall,at closing,be charged an amount equal to the last estimate ofthe public body ofthe assessment ofthe improvement.
1. (a)RISK OF LOSS:If the improvemams are deranged by fire or other casualty prior to closing,and the cost of restoring the same does not exceed five
xrcent 0%)of the sales price,the cost of restoration shall bean obligation of Seller and closing shall proceed pummel to the terms of this Contract with
.he cost thereof being escrowed at closing.If the cost of repair or restoration exceeds Five percent(5%)of the sales price,Buyer shall have the option of taking
die property"as is,"together with my insurance proceeds byvirlue ofsaid loss or damage,orcancelling this Contract and all deposits will be returned forthwith
to Buyer and the parties released army further liability hereunder.
(b)CONDEMNATION:In the event an order of taking has been issued by any governmental authority,Buyer shall have the option to cancel contract
or require Seller to convey any remaining portion ofthe property Should the Buyer not elect to cancel the COnlraLi then the Buyer shall have the right to
participate in negotiations with government and this Contract shall remain in full force and effect.
4. INGRESS AND EGRESS:Seller warrants that there are ingress and egress to the properly over public or private roads or easements sufficient for the
inknuted use therea(and this woronty shall survive the closing.
5.MAINTENANCE:Between the Effective Dote of this Contract and the closing date,all personal properly included in the transaction and the real property,
including lawn,shrubbery and pool,if any,shall be maintained by Seller in the condition existing as of the Effective Date of this Contract,ordinary wmr
and tear excepted.
6.INTEREST:No interest shall be paid to the Sellers or Buyers on deposits,or on mortgage proceeds or closing proceeds not disbursed to Seller at closing.
7.ATTORNEY'S FEES AND COSTS:In any litigation(including all appeals)arising out of this Contract involving Seller and Buyer or Broker or Escrow
Agent,the prevailing party shall be entitled to recover all costs incurred,including reasonable atlamey's fees.
8.PERSONS BOUND:This Contract shall bind and inure to the bemefil of the parties hereto,their heirs,successors and assigns.Whenever the context
permits,singular shall include plural and gender shall include all.
9.ADDENDA AND EXIIrBTfS:The tern"Contract"shall include all Addenda and Exhibits attached or incorporated by reference,
10.NOTICE AND TIME:Notice given by a to the Attorney for either party shall be effective ae if given by or to said party,Any reference to time periods
shall,in the computation thereof,exclude Saturdays,Sundays and legal holidays,and any time period which shall end on a Saturday,Sunday or legal holiday
shall extend to 5:00 o'clock P.M.on the next full business day.
11.CONTRACT NOT RECORDABLE:Neither this Contract nor any notice thereof shall be recorded in the public records.
12.PROPERTY CONDITIONS DISCLOSURE:Seller warrants that there are no facts known to Seller materially affecting the value of the subject real
property which are not readily observable by Buyer and/or which have not been disclosed to Buyer.
I1.FIRPTA:All partiesare advised that the I.R.S.Code requires the Buyer to withhold len percent(10%)of thesales price for tax on sales bycertain foreigners.
The tax will be willnheld unless affidavits of compliance with the I.R.S Code or on I.R.S.qualifying statement are provided to Buyer at closing.
14,FLORIDA REAL ESTATE COMMISSION:Notwithstanding anything herein contained,the Seller and Buyer agree that my Real Estate Broker holding
any deposit(s)under the terns of this Contract,may rely upon an Escrow Disbursement Order or similar direction from the Florida Real Estate Commission
and shall be saved harmless by the parties from any liability arising from the distribution made pursuant to such order or direction providing,however,all
parties shall strictly comply with the rules of the Florida Real Estate Commission.
15.TNIRD PARTY BENEFICIARIES: The Buyer and Seller each acknowledge that The Listing Broker and the Cooperating Broker are Third Party
Beneficiaries of this Contract.Notwithstanding privily or the absence arsenic,mid Brokers have an interest in the performance of thil Contract.Accordingly,
the parties agree that this Contract shall not be changed or modified in any way which would affect the Brokers rights without the consenl of said Brokers.
Further,in the event of breach by either Buyer ,or Seller,then the Cooperating Broker,Listing Broker,or both may brag an action against the breaching party
for the amount ofthe professional service fee said Broker or Broken would have received had the breaching party not breached.In the event army such
litigation,this Contract and the Listing Agreement,if ouy,shall control.In the event of conflict,this Contract shall prevail over the Listing Agreement.The
prevailing party in my such action shall be entitled to attorneys fees and costs,
16.GOVERNMENTAL AND RELATED MATTERS:Seller warrants and represents that the property in its present condition is not in violation with all
governmental regulntions affecting the property.All improvements to the property have been properly permitted.The property is not in violation with all
govemmentnl codes offecting the property.There is no condition of the property which violates stale,local or federal environmental regulations.To the extent
that any aspect ofthe property is in violation with ell such governmental regulations,Then Buyer shall give written police to Seller and Seller shall have sixty
(60)days to remedy the defect.Te0er the expiration ofthe said sixty(60)day period Seller has been unable to remedy mid defects,Buyer may cancel the
contract,whereupon his deposit shall be refunded.In the alternative,Buyer may accept the properly in its present condition.Seller shall makes due diligent,
good faith effort to bring the property into compliance with all governmental regulations.Notwithstanding the foregoing,in no event shall Seller be required
to expend more than Eve percent(5%)of the purchase price lose bring the properly into compliance.Seller's warranties herein contained shall not survive
the closing of this transaction.
17,FAX AND COUNTERPARTS:A signature transmitted by telefax shall be deemed to have the some effect as m original signature.This agreement may
be executed In counterparts.
18.EFFECTIVE DATE:The Effective Date shall be the last date ofexecution by Buyer or Seller.All limeperiods shall be calculated commencing the day
after the Effective Dale unless specified herein.
0. FINAL AGREEMENT:No modification or change in this Contract shall be binding unless in writing and executed by the parties.Where in conflict,
typewritten provisions shall supersede printed provisions and handwritten provisions shall supersede typewritten and/or printed provisions.
P. SPECIALCLAVSES:
Q. BROKER'S COMPENSATION:(check one)
) life written Listing Contract is currently in effect,Seller agrees to pay the Brokers)named below a professional service fee according to the terms of
the Listing Contract.
) )Ifno written Listing Contract is currently in effect,Seller shall pay the Broker(s)named below a professional service fee of Yo or the purchase
or S at the time of closing.
If the transaction does not close because of refusal or failure of Buyer to perform,Buyer shall pay Broker(s)professional service fee in full upon demand,
without thereby releasing the Seller from mid obligation.In such event,fifty percent of Buyer's deposit(a)(made or agreed to be made)shall be paid to Broken
and shall be credited against Buyer's liability for the total professional service fee.The balance of Buyer's deposit(s)shall first be applied toward Brokers'
attorneys fees and costs arising from Buyer's breach,then to other expenses incurred by Broker(s)an Seller's behalf,and the balance paid,ifmy,to the Seller.
Nothing in this Paragraph shall preclude Seller from asserting Seller's rights against Buyer as provided for in Paragraph 1,relating to default.If Seller defaults
or if there is a recision without Brokers'consent,Seller shall pay Brokers'professional service fee in full upon demand.
Buyer Dale Seller SSA Dale
SS#
Buyer Datc Scllcr Date
SS# SS#
(Finn Name end Phone Number of Coopcmltng Broker) (Firm Name and phone Number of Listing Broker)
The Information Management Company
6954 N.W. 12 STREET, MIAMI. FLORIDA 33126
305-477-9149 . 800-287-4799 • FAX 305-477-7526
a photocopyin poor
condition
FC 017
VACANT LAND RIDER
TO CONTRACT FOR SALE AND PURCHASE OF REAL PROPERTY
SELLER:
BUYER:
This Vacant Land Rider is being executed simultaneously with,and represents a part of the Contract for Sale
and Purchase of Real Property dated
Brief Legal Description and/orAddress:
In the event of inconsistencies between this Vacant Land Rider and said Contract for Sale and Purchase of
Real Property attached hereto, the provisions contained in this Rider shall prevail and are intended to
supersede anything in the Contract for Sale and Purchase of Real Property inconsistent with this rider.
1. Buyer'scontemplated use of the subject property is
2. Buyer may, at his own expense, within days(thirty(30)if not filled in)of the effective date
of the Contract, perform or obtain one or more of the following:
a. SOIL BORING TEST
b. PERCOLATION TEST
c. SURVEY or SURVEY UPDATE
d. ENVIRONMENTAL AUDIT and/or INSPECTIONS
e. REVIEW OF ALL GOVERNMENTAL AGENCY PLANNING AND/OR ZONING
REQUIREMENTS AND BUILDING PERMIT REQUIREMENTS
f. CONFIRMATION OF LAND USE AND ACCESS
g. Other
3. If Buyer fails to notify the Seller,in writing, by the conclusion of the inspection period specified above,
time being of the essence, of his intent to cancel this Contract,then the parties shall proceed to closing. In
the event Buyer notifies Seller in writing of his intent to cancel this Contract,Buyer's deposit shall be returned
to him and this Ceetract shall be of no further effect,
4. THE BUYER IS HEREBY ADVISED THAT THE STATE OF FLORIDA HAS ADOPTED A
GROWTH MANAGEMENT ACT WHICH COULD AFFECT THE FUTURE DEVELOPMENT OF
THE SUBJECT PROPERTY REGARDLESS OF THE PRESENT ZONING CLASSIFICATION. THE
BROKER DISCLAIMS ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE
APPLICATION OF SAID ACT. BUYER IS ADVISED TO CONTACT THE APPROPRIATE
GOVERNMENTAL AGENCY OR DEPARTMENT WITH JURISDICTION OVER THE SUBJECT
PROPERTY. BROKER MAKES NO REPRESENTATIONS TO THE BUYER AS TO THE IMPACT OF
THE GROWTH MANAGEMENT ACT ON THE SUBJECT PROPERTY.
BuyOf Dale Seller
Date
Buyer Dale
Seller Date
This Form Approved by the Hollywood Area Board of REALTORS®
i
RESOLUTION NO.
RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA
AND BROWARD COUNTY FOR ADMINISTRATIVE SERVICES TO
BE PERFORMED BY THE CITY RELATING TO THE BROWARD
COUNTY AlA BEACH TROLLEY SERVICE - PRIVATE-PUBLIC
PILOT PROGRAM; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, public transportation services provided by the
County need to be supplemented to serve a greater number of
tourists; and
WHEREAS, both County and City agree that better public
transportation to the tourists of City is needed; and
WHEREAS, the County has requested that the City of Dania and
the various municipalities enter into an interlocal agreement to
share the financial burden to support an intercity Trolley
Service; and
WHEREAS, the County and the various municipalities are
willing to share the responsibilities and expense of providing an
intercity Trolley Service; and
WHEREAS, the County has requested that the City serve as the
lead City in the administration of the Trolley Service.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That that certain agreement, between the City of
Dania and Broward County for administrative services to be
performed by the City of Dania relating to the Broward County AlA
y \
Beach Trolley Service - Private-Public Pilot Program, a copy of
which is attached hereto and made a part hereof as Exhibit A, be
and the same is hereby approved and the appropriate city
officials are hereby 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.
Section 3. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS 941 DAY OF DECEMBER, 1997.
MAYOR-COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
Resolution No.
I
r
AGREEMENT
This Agreement, entered into on the day of December,
1997, between:
BROWARD COUNTY, a political subdivision of Florida,
called the "County"
and
THE CITY OF DANIA, a municipal corporation of Florida,
called the "City"
WHEREAS, public transportation services provided by the
County need to be supplemented to serve a greater number of
tourists; and
WHEREAS, public transportation resources are limited and
must be used in the most efficient manner to maintain tourist
support; and
WHEREAS, it is desirable to provide an alternative form of
transit service to the tourists of the City; and
WHEREAS, both County and City agree that better public
transportation to the tourists of City is needed; and
WHEREAS, the County has requested that the City of Dania and
the various municipalities enter into an interlocal agreement to
share the financial burden to support an intercity Trolley
Service; and
WHEREAS, the County and the various municipalities are
willing to share the responsibilities and expense of providing an
I
i
I
intercity Trolley Service; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises,
covenants and payments herein after set forth, County and City
agree as follows :
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
1 . 1 Agreement - means this document, Articles 1 through 10,
inclusive . Other terms and conditions are included in
exhibits and documents that are expressly incorporated by
reference.
1.2 Board - The Broward County Board of County Commissioners.
1 . 3 Contact Administrator - The Broward County Administrator,
the Director of the Broward County Mass Transit Division, or
the designee of such County Administrator or Director. The
primary responsibilities of the Contract Administrator are
to coordinate and communicate with City and to manage and
supervise execution and completion of the Scope of Services
and the terms and conditions of this Agreement as set forth
herein. In the administration of the Agreement, as
contrasted with matters of policy, all parties may rely on
the instruction or determinations made by the Contract
Administrator.
1 . 4 COUNTY ATTORNEY - The chief legal counsel for County who
directs and supervises the Office of the County Attorney
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pursuant to Section 4 . 03 of the Broward County Charter.
1 . 5 PROJECT - The project consists of the services described in
Article 2 .
1 . 6 VARIOUS MUNICIPALITIES: The municipalities that are parties
to the interlocal agreement include : The Cities of Pompano
Beach, Lauderdale by the Sea, Fort Lauderdale, Dania and
Hollywood.
1 . 7 INTERLOCAL AGREEMENT: The agreement between the County and
the various municipalities to support the pilot program
Broward County AlA Beach Trolley Service.
ARTICLE 2
SCOPE OF SERVICES
TRANSPORTATION SERVICES TO BE PROVIDED BY CITY
2 . 1 City shall provide transportation services within the City
at the locations and according to schedule as contained in
Exhibit A, a copy of which is attached hereto and made a
part hereof.
2. 2 The City will enter into a contract with The South Florida
Tourism, Inc . , a Florida nonprofit corporation, to perform
the administrative services necessary for performance of the
transportation services .
2 . 3 The City will enter into a contract with South Florida
Trolley Company, Inc. , to perform the transportation
services within the City and the various municipalities that
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y
are participants in the interlocal agreement .
2. 4 The City shall determine an appropriate fare prior to the
commencement of the transportation service.
2 . 5 The established service shall be on a fixed route basis with
designated intermediate stops within the various
municipalities, with one designated intermediate stop with
the City of Dania .
2 . 6 The established route shall travel north and south along AlA
with welcome centers in the Cities of Pompano Beach,
Lauderdale by the Sea, Fort Lauderdale, Dania and Hollywood.
The Trolley Service shall provide four two-hour narrated
tours daily.
2 . 7 Trolleys shall be fully insured and leased and operated by
properly licensed operators employed by the City' s
contractors .
2 . 8 The City' s contractors shall comply with all applicable
requirements of the Americans with Disabilities Act (ADA) at
all times while the trolleys are being utilized for public
transportation and while utilizing any and all routes
approved herein. To the extent that any terms of this
Agreement are inconsistent with the ADA, the requirements of
the ADA shall control .
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Y
ARTICLE 3
FINANCIAL SERVICES TO BE PROVIDED BY CITY
3. 1 The City' s contractors shall maintain all records of total
passenger utilization and total mileage on a daily basis in
the format prescribed by the City and shall furnish such
records to the County on a monthly basis .
3 . 2 The City' s contractors shall collect all revenue generated
by the transportation system, including the revenue
generated in the other participating municipalities and
utilize such funds to pay all expenses necessary to support
the transportation system.
The monthly operating costs and funding shall be as follows:
Operation Costs:
Leased Equipment with driver fully insured: $12, 000
Marketing, advertising and promotion: 3, 000
TOTAL MONTHLY COSTS: $15, 000
Private Source of Funds:
South Florida Tourism Council 7, 500
TOTAL MONTHLY PRIVATE FUNDS: $ 7, 500
Public Source of Funds:
Broward County Transit Funding $ 2, 500
City of Pompano Beach $ 11000
City of Lauderdale By The Sea $ 11000
City of Fort Lauderdale $ 1, 000
City of Dania $ 11000
City of Hollywood 1 000
TOTAL MONTHLY PUBLIC FUNDS: $ 7, 500
TOTAL MONTHLY FUNDING: $15, 000
Less total monthly costs: 15, 000
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3 . 3 City shall not be responsible for any financial deficit
resulting from the operation of the transportation system.
ARTICLE 4
SERVICES TO BE PROVIDED BY COUNTY
4 . 1 County shall assist City staff and City contractors with any
aspect of planning and scheduling of public transit routing
that City might request.
4 .2 County shall print and provide City with trolley system
timetables sufficient to inform City residents and
passengers of service made available as described in Exhibit
A.
ARTICLE 5
TERM AND TIME OF PERFORMANCE
The term of this Agreement shall begin on the date it is
fully executed by both parties and continue on a month to month
basis for a period of one year from the date of execution.
ARTICLE 6
CHANGES IN SCOPE OF SERVICES
6. 1 Any change to the Scope of Services must be accomplished by
a written amendment, executed by the parties in accordance
with Section 10. 5 below.
6. 2 The parties agree to renegotiate this Agreement if
applicable federal, state, or local laws or revisions of
said laws make changes in the Agreement necessary or
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i
desirable, as determined by Contract Administrator.
ARTICLE 7
INDEMNIFICATION
7. 1 City shall, to the extent permitted by law at all times
hereafter, indemnify, hold harmless, and defend the County,
its agents, servants, and employees from and against any
claim, demand, or cause of action of any kind or nature
arising out of any error, omission, or negligent act of the
City, its agents, servants, or employees in the performance
of services for which the City has responsibility under this
i
Agreement .
County shall, to the extent permitted by law at all times
hereafter, indemnify, hold harmless, and defend the City,
its agents, servants, and employees from and against any
claim, demand, or cause of action of any kind of nature
arising out of any error, omission, or negligent act of
County, its agents, servants, or employees in the
performance of services for which the County has
responsibility under this Agreement .
Nothing herein is intended to serve as a waiver of sovereign
immunity by either County or City. Nothing herein shall be
construed as consent by the County or the City to be sued by
third parties in any matter arising out of this Agreement or
any other contract.
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ARTICLE 8
INSURANCE
The parties hereto acknowledge that the City is a self-
insured governmental entity subject to the limitations
of Section 768. 28, Florida Statutes. The City shall
institute and maintain a fiscally sound and prudent
risk management program with regard to its obligations
under this Agreement in accordance with the provisions
of Section 768 . 28, Florida Statutes . If the City
contracts with a third party to provide the
transportation service addressed herein, any contract
with such third party shall include the following
provisions :
Indemnification: The City' s contractor agrees
to indemnify, reimburse, defend, and hold
harmless the County and the County' s
officers, agents, and employees for, from,
and against all claims, actions, or causes of
actions, losses, damages, liabilities, costs,
and expenses, including reasonable costs,
attorney' s and paralegal' s fees, imposed on
or incurred by the County in connection with
all loss of life, bodily injury, personal
injury, damage to property occurring upon, or
about or arising out of or relating to, the
contractor' s occupancy or use of the
vehicle (s) to perform the services set forth
herein.
Insurance: The City' s contractor shall at all
times during the term of this Agreement keep
and maintain in full force and effect, at
contractor' s sole cost and expense, insurance
of the types and amounts as set forth on
Exhibit B, a copy of which is attached hereto
ti
and incorporated herein by reference as if
set forth in full, and shall name the County
as an additional insured.
Provisions Applicable to Insurance: At or
prior to the commencement of the contractor' s
performance pursuant to the provisions of any
agreement with the City involving the
vehicle (s) provided hereunder, the contractor
shall deliver the original certificate of
insurance required herein to the County. The
contractor shall pay the premiums for all
insurance required by this Agreement to be
renewed from time to time so that at all
times the insurance protection required by
this Agreement shall continuously exist . The
policy shall not be canceled or materially
changed without the giving of at least thirty
(30) days prior written notice thereof to the
County, and in such event, a policy pursuant
to the above terms must be substituted.
ARTICLE 9
TERMINATION
9. 1 This Agreement may be terminated for cause by action of the
Board or by the City upon thirty (30) days written notice by
the party that elected to terminate, or for convenience by
action of the Board upon not less than sixty (60) days
written notice by Contract Administrator. This Agreement may
also be terminated by the Contract Administrator upon such
notice as the Contract Administrator deems appropriate under
the circumstance in the event the Contract Administrator
determines that termination is necessary to protect the
public health, safety or welfare.
9.2 Termination of this Agreement for cause shall include, but
-9-
y .
not be limited to, failure to suitably perform the work,
failure to continuously perform the work in an manner
calculated to meet or accomplish the objectives of the
County as set forth in this Agreement, or breach of any of
the provisions of this Agreement notwithstanding whether any
such breach was previously waived or cured.
9. 3 Notice of termination shall be provided in accordance with
the "Notices" section of this Agreement except that notice
of termination by the Contract Administrator which the
Contract Administrator deems necessary to protect the public
health, safety or welfare may be verbal notice which shall
be promptly confirmed in writing in accordance with the
"Notices" section of this Agreement .
ARTICLE 10
MISCELLANEOUS
10 . 1 Ownership of Documents: Any and all reports, photographs,
surveys, and other data and documents provided or created in
connection with this Agreement are and shall remain the
property of the County. In the event of termination of this
Agreement, any reports, photographs, surveys, and other data
and documents prepared by the City, whether finished or
unfinished, shall become the property of the County and
shall be delivered by the City to the Contract
Administrator.
• -10-
r
10. 2 Audit Right and Retention of Records : The County shall have
the right to audit the books, records, and accounts of the
City. The City shall keep such books, records, and accounts
as may be necessary in order to record complete and correct
entries related to the Project.
The City shall preserve and make available, at reasonable
times for examination and audit by the County, all financial
records, supporting documents, statistical records, and any
other documents pertinent to this Agreement for the required
retention period of the Florida Public Records Act (Chapter
119, Florida Statutes) , if applicable, or, if the Florida
Public Records Act is not applicable, for a minimum period
of three (3) years after termination of this Agreement . If
any audit has been initiated and audit findings have not
been resolved at the end of the retention period or three
(3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit
findings. If the Florida Public Records Act is determined by
the County to be applicable to the City' s records, the City
shall comply with all requirements thereof; however, no
confidentiality or non-disclosure requirement of either
federal or state law shall be violated by the City. Any
incomplete or incorrect entry in such books, records, and
accounts shall be a basis for the County' s disallowance and
-11-
c
recovery of any payment upon such entry.
10 . 3 Nondiscrimination: The City agrees that it will not
discriminate against any employee or applicant for
employment for work under this Agreement because of race,
color, religion, gender, sexual orientation, age, national
origin, political affiliation, or disability and will take
affirmative steps to ensure that applicants are employed and
employees are treated during employment without regard to
race, color, religion, gender, sexual orientation, age,
national origin, political affiliation, or disability. This
provision shall include, but not be limited to, the
following: layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeships . The City agrees to furnish the County with
a copy of its Affirmative Action Policy or in the event that
the City contracts with a third party for this service, such
third party' s Affirmative Action Policy shall be furnished
to the County.
10. 4 Independent Contractor: The City is an independent
contractor under this Agreement . Services provided by the
I
City shall be subject to the supervision of the City, and
such services shall not be provided by the City or its
agents as officers, employees, or agents of the County. The
parties expressly acknowledge that it is not their intent to
-12-
created any rights in any third person or entity under this
Agreement.
10 . 5 Notices : Whenever either party desires to give notice to the
other, such notice must be in writing, sent by certified
United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written
receipt of acknowledgment of delivery, addressed to the
party for whom it is intended at the place last specified.
The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided
in this section. For the present, the parties designate the
following:
For Broward County: Director of Mass Transit Division
Broward County Mass Transit Division
3201 West Copans Road
Pompano Beach, Florida 33069
For City of Dania: Mr. Mike Smith
City Manager
700 West Dania Beach Boulevard
Dania, Florida 33004
10. 6 Assignment and Performance: Neither this Agreement nor any
interest herein shall be assigned, transferred, or
encumbered by either party.
The City represents that all persons delivering the services
required by this Agreement have the knowledge and skills,
either by training, experience, education, or a combination
thereof, to adequately and competently perform the duties,
-13-
obligation, and services set forth in the Scope of Services
and to provide and perform such services to the County' s
satisfaction.
The City shall perform its duties, obligations, and services
under this Agreement in a skillful and respectable manner.
The quality of the City' s performance shall be comparable to
the best local and national standards .
10. 7 Waiver of Breach and Materiality: Failure by the County to
enforce any provision of this Agreement shall not be deemed
a waiver of such provision or modification of this
Agreement . A waiver of any breach of a provision of this
Agreement shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of
the terms of this Agreement.
The County and the City agree that each requirement, duty
and obligation set forth herein is substantial and important
to the formation of this Agreement and, therefore, is a
material term hereof.
10 . 8 Compliance With Laws : The City shall comply with all
federal, state, and local laws, codes, ordinances, rules,
and regulations in performing its duties, responsibilities,
and obligations related to this Agreement .
10 . 9 Severance: In the event this Agreement of a portion of this
Agreement is found by a court of competent jurisdiction to
-14-
i
i
be invalid, the remaining provisions shall continue to be
effective unless the County or the City elects to terminate
this Agreement . The election to terminate this Agreement
based upon this provision shall be made within seven (7)
days after the finding by the court becomes final .
10 . 10 Joint Preparation: Preparation of this Agreement has been a
joint effort of the County and the City and the resulting
document shall not, solely as a matter of judicial
construction, be construed more severely against one of the
parties than any other.
10 . 11 Priority of Provisions : If there is a conflict or
inconsistency between any term, statement, requirement, or
provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated into
this Agreement by reference and a term, statement,
requirement, or provision of this Agreement, the term,
statement, requirement, or provision contained in Articles 1
through 10 of this Agreement shall prevail and be given
effect.
10. 12 Applicable Law and Venue: This Agreement shall be
interpreted and construed in accordance with and governed by
the laws of the State of Florida. Venue for litigation
concerning this Agreement shall be in Broward County,
Florida.
-15-
y
10. 13 Amendments : No modification, amendment, or alteration in
the terms or conditions contained herein shall be effective
unless contained in a written document prepared with the same or
similar formality as this Agreement and executed by the Board and
the City.
10 . 14 Prior Agreements : This document incorporates and includes
all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no
commitments, agreements, or understandings concerning the subject
matter of this Agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or
agreements, whether oral or written.. If is further agreed that no
modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written
document in accordance with Section 10. 13 above.
10. 15 Incorporation by Reference: The truth and accuracy of each
"Whereas" clause set forth above is acknowledge by the parties.
The attached Exhibits A and B are incorporated into and made a
part of this Agreement.
10 . 16 Counterparts: This Agreement may be executed in three (3)
counterparts, each of which shall be deemed to be an original.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement : BROWARD COUNTY through its BOARD OF
COMMISSIONERS, signing by and through its Chair or Vice Chair,
-16-
authorized to execute same by Board action on the day of
, 1997 and CITY OF DANIA, signing by and through
its City Manager, duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, by and through its
Board of County Commissioners
By:
Broward County Administrator, Chair
as Ex-officio Clerk of the
Broward County Board of
County Commissioners
Approved as to form by
County Attorney
Tor Broward County, Florida
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone ( 954) 357-7600
Telecopier (954) 357-6968
By:
CITY
ATTEST: Approved by Resolution No.
Dated:
City Clerk
By:
City Manager
day of , 1997
Approved as to legal form
City Attorney
-17-
The South Florida Tourism Council i
A Professional Association of South Florida Hotels,
Motels,Restaurants and Tourism Related Businesses
Ralph Riehl '
President
Tel (954) 946-7320 Fax (954) 946.1525
Suite 212A,101 N.Riverside Drive Pompano Beach,FL 33062
i
i
Proposed Private-Public Partnership
Pilot Program
Broward County A 1 A Beach Trolley Service
i
BEACH TROLLEY TOUR
ON AIA- ALL VA EVERY DAY
y
r Deerfield Beach,Pompano Beach,Ft.Lauderdale
Lauderdale By The Sea,Dania,Hollywood
$10 Adults � Narrated Tour of the Beaches
$ 2 dy5Underyrs Free Re-boardinala J
-- --- IYamc_
BEACH TROLLEY ROUTE and SCHEDULEI "-
.........n
~ # Children
� ,,,,,,, • {,°-r+-- .� Total Riders
Deposit
.,..
#Adults x 55=
PRIM.r
;,,,, •� �#Children xS2.50=
„•^,,,, f :.... (Dep. Collected S
+ } (Balance to be
y> NORTH (Paid to Driver
EAST + of Trolley $
f SOUTH
The South Florida
Tourism Council
954-946-7320
w. pia Hotel
w ..r.r lCOIICICI'sC
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alad optional Land & Sea Tour
• Lauderdale by the Sea
• • Fort Lauderdale
Fare Includes: .All Day Reboarding
Cruise All Day Long In Hassle—free Comfort..
Trolley schedule
In Nosfo gic Old—lime Trolley SIyle! Sela'n Days a 6Veek <> 0:30 A.N4 to 4:00 P%l
( as of AUnI 1 '996)
- ALL DAY IRANSPORIA[ION & IOUR TOUR DIRECTION > South North South North FINAL
so= bound bound bound bound DROP
FL0 • FULLY NARRATED BY PROFESSIONAL PICK UP POINTS _ FF
GUIDES
11 l Pompano Welcome CV. 9:30 12:05 12:10 2:10 3:53
• BOARD AND REBOARD Al YOUR Beach Comber 9:30 12:05 12:10 2:10 3:53
LEISURE Al ANY OF OUR SIOPS Holiday Inn - Pompano 9:30 12:05 12:10 2:10 3:53
Ramada - Pompano 9:30 12:04 12:11 2:09 3:52
Traders Resort 9:30 12:03 12:12 2:08 3:51
t � ' ' 1 Howard Johnson's-LBS 9:40 12:00 12:15 2:05 3:48
Aruba's 9:46 11:50 12:15 2:05 3:48
Holiday Inn - LBS 9:47 11:48 12:17 2:02 3:45
•Pompano Welcome Center •Bonnet House LBS Chamber 9:47 11:48 12:17 2:02 3:45
Ramada - LBS 9:48 11:47 12:18 1:59 3:42
•Million-Dollar Homes -Jungle Queen Holiday Inn Sunrise 9:54 11:41 12:24 1:53 3:38
•Lauderdale b the Sea Fort Lauderdale Howard Johnson's 9:57 11:38 12:27 1:51 3:34
y Yankee Trader 9:57 11:38 1227 1:49 3:34
Chamber of Commerce Convention Center Al & Las Olas 9:58 11:37 12:28 1:47 3:32
Double Tree 9:59 11:36 12:29 1:46 3:31
•New Fort Lauderdale Beach •Museum of Art Bahia Mar 10:00 11:35 12:30 1:46 3:31
Stranahan House Bahia Cabana 10:00 11:35 12:30 1:46 3:31
-Swimming Hall of Fame Yankee Clipper 10:00 11:35 12:30 1:43 3:28
•Fort Lauderdale Library •Water Taxi Days Inn 10:03 11:32 12:33 1:39 3:24
Marriott H.B. 10:03 11:32 12:33 1:39 3:24
•Restaurants-Shopping Las Olas Boulevard Pier 66 10:06 11:29 12:36 1:37 3:22
Best Western 10:08 11:27 12:38 1:35 3:20
Marriott Marina 10:11 11:24 12:41 1:30 3:15
Sponsored by The North Broward Tourism Council Convention Center 10:13 11:23 12:42 1:28 3:13
Embassy Suites 10:15 11:21 12:44 1:26 3:11
• , • • OURSOFSERVICE Broward & 3rd 10:31 N/A 12:56 N/A N/A
Boat Tour 10:4 v�:00 1:1`J^:15 3:00
1 •
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'HdSn Ce It Pied L1L "'11f' •••.inutn5 mf
• • " iORI TO WAVE I of i ROl t(1' UOWN '
Ack aboul our Of 'NGY I drr•v t
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Beach Trolle Service
Greater Ft- .LauderdaCe
I
The Beach Trolley Service is a great way for visitors to
see all points of interest in and between Pompano Beach,
Lauderdale By The Sea, Ft. Lauderdale, Dania and
Hollywood. We ask all tourism related business,
government officials, elected officials, hotel managers,
concierges and service desk staff to get the word out to
tourists and visitors to use the Beach Trolley to enhance
their enjoyment of our great resort destination. We urge
everyone in the tourism industry to help make this a
successful year round service by encouraging our visitors
and tourists to ride LoCCy the 7roCCey.
For details, time schedules and tour information call:
946-7320
Molt. to k}toco mote?
c'Cit1(
�' lhc't4c'4 217c'ct Sc'7viceS: r0elcome to . .
I Call our GTN headquarters from 9:00 am JUNGLE QUEEN
to 5:00 pm Monday thru Friday. Our
Y World famous original Riverboat iendly informed customer service Sightseeing cruises. Florida�i Tourism Council,
representatives will be glad to assist you BBQ Ribs & Shrimp dinner cruise.
+� with any questions you have. (954) 462-5596 NEW
QUALITY ASSURANCI
Some of the most NEWcommonly asked • LOLLY THE TROLLEY
questions are . . . Cruise all day long in Nostalgic,
' Old-Time Trolley Style.
• Can I use my card for interna- (954) 429-3100
tional calls, as well as domestic
1 calls? SANDS HARBOR RESORT
Yes, to over 215 direct dial countries Overlooking the famous
Intercoostal Waterway.
• Are the international rates just as (954) 942-9100
good as local?
Yes, like calling England, France, SAWGRASS RECREATION PARK
i Australia, the Bahamas and many more Airboat Tours, Historic Indian Village,
countries for less than half the price of Alligator and Reptile Show.
I most long distance carriers. (954) 389.0202
For
Can I call from other countries to Services,oalon ther Discount
an Member
• 9 y Tourism
the United States? Quality Assurance problems, call . . .
j Yes, thirty countries con direct dial to the • Tourism Quality
U.S. (954) 783-0923
j Assurance Program®
REMEMBER: GLOBAL TELECOM NETWORK ' Free Phone Card
The South Florida Tourism Council is 2400 West Cypress Creek Road
dedicated to provide the best possible Suite 205 Special Discounts
member services,Global Telecom Network Ft. Lauderdale, FL 33309
shares that dedication and looks forward For Calling Card Campaigns Steve Belrose
to our association together. (954) 491 -7200
Y
Proposed Private-Public Partnership
Pilot Program
Broward County A I A Beach Trolley Service
Trolley Route- 4 Two Hour Narrated Tours Daily
Pompano Beach
SOUTH NORTH Welcome
10:30AM 12:30PM -- -- '--- - - -- Center
1:OOPM 3:OOPM
3:OOPM S:OOPM Atlantic Blvd
D :.
fS:OOPM 7:OOPM
8
Lauderdale
Welcome
By The Sea
commercial Blvd Center
SOUTH NORTH ------------ -
10:40A141 12:20PM .
1:10PM 2:50PM Oakland Pk, Blvd
3:10PM 4:50PM
S:IOPM 6:50PM D
Sunrise Blvd D
...o,,-
Ft. Lauderdale Welcome
SOUTH NORTH Las Olas Blvd Cantor Atlantic
- ----
-- - --- Ocean
I1:OOAM 12:01PM
1:30PM 2:30PM D
3:30PM 4:30PM U
5:30PM 6:30PM s
i
I
17th St.
U
AIR PORT i PORT
Dania
SOUTH NORTH —Welcome
I1:15AM 11:45PM —————— Canter
I:45PM 2:15PM -
3:45PM 4:15PM Dania Beach Blvd
5:45PM 6:15PM
D
Hollywood Welcome N
SOUTH NORTH -------------
11:30AM 11:30AM Center
2:OOPM 2:OOPM
4:OOPM 4:00PM Johnson St.
6:OOPM 6:OOPM
Times listed are Welcome Center stop times
Y'
Proposed Private-Public Partnership
Pilot Program
Broward County AIA Beach Trolley Service
The `Broward County A I A Beach Trolley Service" pilot program, will be the first
continuous resort mode of transportation narrated tour of Broward County beaches,
connecting the Broward County Welcome Center Network with scheduled transporta-
tion service.
This Private-Public Partnership will demonstrate how the collective efforts of the enti-
ties benefiting from this service can be achieved through utilization of matching funds.
Features & Benefits to Community
Fully insured 40 passenger trolly vehicles.
Fully licensed professional tourism oriented drivers.
Fully narrated tour with background music.
Two way radio communication to handle special needs of tourists and visitors.
Handicapped accessible tours.
Friendly attendant on board to handle special needs of tourists and visitors.
Transportation feeder to water taxi loading points.
Brochures available with tourism and local county information.
Announcements of local events.
Connection by tour of the Greater Ft. Lauderdale area.
Increased awareness by visitors and tourists of the attractions of our resort destination.
Increase use of Welcome Centers by tourists and visitors.
Increase safety of roads.
Increase resort appeal of our area.
Reduction of auto use by visitors touring beaches who are not familiar with our area.
Reduction in air pollution.
Reduction of parking congestion.
Reduction in use of intercoastal bridges under repair.
Goals
To enhance the vacation of every visitor so they will return again and again.
To use this one year pilot program to learn how to make this service self sufficient.
To expand this resort mode of transportation to include connecting east west routes.
Proposed Private-Public Partnership
Pilot Program
Broward County AIA Beach Trolley Service
Operation Details
One year Pilot Program.
Four daily two hour narrated round trips using State Road A I A through, Pompano Beach, Lauder-
dale By The Sea,Fort Lauderdale, Dania and Hollywood.
Fully insured and licensed trolley vehicle with driver: leased by partnership.
Trolley Service administrated and promoted by The South Florida Tourism Council.
Monthly 0 eration Costs and Fundin
Operatt�on Costs
Leased equipment with driver fully insured $ 12,000
Marketing, advertising and promotion 3,000
Total Monthly Costs $ 15,000
Private Source of Funds
South Florida Tourism Council* $ 7,500
Public Source of Funds
Broward County Tansit Funding** 2,500
City of Pompano Beach 1,000
City of Lauderdale By The Sea 1,000
City of Fort Lauderdale 1,000
City of Dania 1,000
City of Hollywood
11000
Total Monthly Public Funding 7 500
Total Monthly Public and Private Funding 15,000
Total Monthly Funding less Costs $ 0
*The South Florida Tourism Council is a membership not for profit Florida Corporation,exempt from federal income
tax under section 501 (c)(6)of the Internal Revenue Code,serving the needs of the South Florida Tourism Industry.
The source of SFTC funds raised for this service come from SFTC annual sponsors,members and user fees.
SFTC Phone 954-946-7320 -Fax 954-946-I525
"One City will be selected as"Lead City" for utter-local agreement
Y
LDTII W DAQIn IA
I �
Date: 12-03-97 Agenda Item#:
Title:
RZ-33-97- REZONING REQUEST 220 SW 16TH ST. (SHERIDAN ST.)
Requested Action:
1ST READING OF AN ORDINANCE REZONING PROPERTY
Summary Explanation & Background:
THIS IS THE FIRST READING OF AN ORDINANCE RELATING TO A PETITION TO REZONE
PROPERTY AT 220 SW 16TH ST. (SHERIDAN ST.) BY MARTHA SUE COCHRAN. THE
REQUEST IS TO REZONE PROPERTY FROM RD6000 (RESIDENTIAL) TO C-2
(COMMERCIAL), USING THE 20% LAND USE FLEXIBILITY RULE. THE PETITIONER IS
REPRESENTED BY PATRICIA HART, REALTOR-ASSOCIATE OF CLASSIC PROPERTIES.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA, AICP, GROWTH MANAGEMENT DIRECTOR
ORDINANCE
PETITION FOR REZONING
PUBLIC HEARING NOTICE
SITE MAP
SURVEY
PETITION LETTERS
C-2 ZONING REGULATIONS
SURROUNDING PROPERTY TAX INFORMATION
SUPPORT LETTERS
Prepared By:
TERRY L. VIRTA, AICP, GROWTH MANAGEMENT DIRECTOR
Recommended for Approval By:
PLANNING AND ZONING BOARD RECOMMENDED TO APPROVE A ZONING CHANGE OF
C-1 INSTEAD OF THE C-2 REQUESTED BY THE PETITIONER.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
a
i
MEMORANDUM
TO: Michael Smith, City Manager /
FROM: Terry L. Virta, AICP
Growth Management Directo
RE: RZ-33-97 Rezoning Request
Date: December 2, 1997
This is a request to rezone, utilizing the flex provisions of the Comprehensive
Plan, a single lot located on the north side of Sheridan Street just west of SW 2"d
Avenue. The lot is currently zoned RD-6000 and the request is to change it to C-2
Commercial. The intent is to reutilize the current single family residence as a
professional office building.
It should be noted that in 1994 that the Planning and Zoning Board
recommended approval of a similar request located a little to the east of this site. That
request was for a proposed professional office as well and it was denied by the City
Commission. The Commission felt at that time that the entire north side of Sheridan
should be reviewed when the Comprehensive Plan was being updated. That updating
will take place in 1998. It should also be noted that the previous request was adjacent
to existing commercial property located on Federal Highway.
The property in question is surrounded to the north, east and west by existing
residential development. Property to the south in the City of Hollywood is zoned and
used for multifamily purposes. On the surface it would appear that this request would
represent an intrusion of commercial into this area.
The request is for C-2 Commercial which represents a more intense zoning than
would appear too necessary for most of the applicants intended uses. Professional
offices, with the exception of medical, are permitted within the C-1 Commercial zoning
designation.
It is staffs opinion that the City Commission was correct in its earlier guidance to
consider this entire corridor in the plan update process. The down side to this property
and others located like it along the north side of Sheridan is that road widening has
effectively destroyed all desirable residential characteristics. Where once there were
found generous front yards there are now houses sitting on the very edge of a heavily
traveled arterial. The ambiance once found in the neighborhood has been destroyed as
one price for progress.
Page 2
it
RZ-33-97 Rezoning Request
Staff was not able to recommend approval of a rezoning to C-2 Commercial for a
j single lot. As indicated previously, staff feels that the City Commissions earlier direction
regarding this corridor was the correct way in which to proceed. Therefore, Staff
suggests that the Planning and Zoning Board, make a recommendation to the City
Commission of denial of this request. That as presented the request would constitute a
spot rezoning. The Planning and Zoning Board felt that there was a human aspect of
this request and that they could not recommend denial. They are recommending that
the Commission rezone this site to C-1 Commercial.
i
y
1
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REZONING THE
FOLLOWING DESCRIBED LANDS TO-WIT: LOT 9, BLOCK 26 OF
"NORTH HOLLYWOOD" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 4, PAGE 1 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, FROM RD-6000 RESIDENTIAL TO C-2
COMMERCIAL ZONING DISTRICT, UNDER THE PROVISIONS OF
ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS
AMENDED; PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS AND PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the following described lands situate, lying and being in
Broward County, Florida, to-wit:
Lot 9, Block 26 of "North Hollywood" according to the Plat
thereof as recorded in Plat Book 4, Page 1 of the Public
Records of Broward County, Florida.
be and the same is hereby rezoned from present zoning classification to a C-2
commercial zoning classification using the 20% land use flexibility rule, as defined in
Ordinance No. 100 of the City of Dania, Florida, as amended; and
Section 2. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict herewith be and the same are hereby repealed to the
extent of such conflict.
Section 3. That this ordinance shall be in force and take effect immediately
upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the day of 1997.
i
ORDINANCE NO.
PASSED and ADOPTED on Second and Final Reading on the day of 1997.
MAYOR-COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
BY:
TIM RYAN, CITY ATTORNEY
ORDINANCE NO.
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CITY OF DANIA GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
DANIA,FL 33004
PETITION FOR REZONING
DATE: PETITION RZ- 339 7
TO CITY OF DANIA PLANNING AND ZONING BOARD AND DANIA CITY COMMISSION, A
REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY:
PETITIONER: ' 1aVb Yl^ cn"C.
LEGAL DESCRIPTION OF SUBJECT PROPERTY:(FOLIO#)
IV
nrt-l^ N' (l wmU 1F-/ (4 L� G Leas S IS Far AtI�ALL.AL
GENERAL LOCATION OF SUBJECT PROPERTY: 2DQ L.I II �'+5}• / �r�fe St.�
PRESENTZONING: bj,= REQUESTED ZONING:-2_
EASONS&JUSTIFICATION FOR REQUESTED REZONING:
Q- ll[4LNP[Y /
O J b t 3 l /I-C ed
(Note:If more than one zoning classification is requested,please attach complete legal description of
each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA CITY COMMISSION
Sworn to and su sq eccLbefore me fix.- I/ Signature of Petitioner
this 2si �of:� 1997 "
r_
Notary public State of -2 µ
Printed Name of Notary ;.�a - Street Address.City State&Zip 3�e�
Commission Expires Z77S-311
rSeal: TeleoNum WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY,PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described above in the PETITION FOR
REZONING and that I have authorized to make and file the aforesaid
PETITION FOR REZONING.
Sworn to and subscribed before me Signature of Petitioner
this day of 19
Notary Public State of( )
Printed Name of Notary Street Address,City State&Zip
Commission Expires
Seal: Telephone Number
(DEPARTMENT USE ONLY-DO NOT WRITE BELOW THIS LINE)
ACCEPTED BY: Filing Fee:<iffDor the first acre or fraction thereof,
Plus$27.50 per acre for each additional or fraction thereof,
Check off list: Plus Advertising costs,
Sealed Survey Plat Name(If applicable)
I
NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
REZONING
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board at a Special
Meeting, on December 1, 1997 at 7:30 P.M. and the City Commission of the City of
Dania, Florida on, January 13, 1997, at 7:30 P.M., or as soon thereafter as the matter
may be heard, will conduct a public hearing in the City Commission Meeting Room of
the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider the
following proposed rezoning request.
RZ-33-97 - The request of Martha Sue Cochran for a rezoning request for property
located at 220 SW 16 Street. The request is to rezone the following legally described
property from RD-6000 to C2, using the 20% land use flexibility rule:
Legal Description: Lot 9, Block 26 of"North Hollywood" according to the Plat thereof as
recorded in Plat Book 4, Page 1 of the Public Records of Broward County, Florida.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
PLANNING AND ZONING BOARD AND THE CITY COMMISSION WITH REGARD TO
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A
RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APP L//IS TO BE BASED.
7Lam--
_.,LOIJ ANN CUNNINGHAM, ADMIN. ASST.
Location Map on back:
I
SW 9th ST. 1 . SW 9th SI .
,. s � ; e �r _ , t •( .—4 .) ..3.. .•T Iz 1 2 (� s '+ oss
2 N `+ 4 ' Ar
5 12 DANIA AMEND D P cee R I
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COU TY +e on SW Ilth ST. --
Oee PA K e]J PARK �. J - B
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NOTES rw 1� yam.sal— 1S N
1 r4gby cvhty that 1 have Tape a Ip[MI).ply of the
REVISIONS aDwaOescnMOp�operlT•ndd4lruea.d eclf011K a�.Ia. r - y�41e
11MI 01 mY YrprNdge anp Mliel IMwrlrldylNllfaxe rrY •-- =rr+
are ro am.e 9rounp elocroacmlenu.umee)olhen.es r - w
Unde•gr0unp loeaImils appyer undelgroVnd n0lep llvdhnCMrtrdYltMaorYeyrpreaNplphelgn `�+=� r r Z,C,k,L•4 qs'^J Wk.^
e"Claphmenls.J anY.ua n01 thown unlBa Olnerrna Teel! the MINIMUM TEONNICAL STANDARDS
ndrtala0. bowl" Iry In�f brlda Bond of LY10 Su on V a l�
TIFs wrrry ras hol a0)tlarled 10,ea)amMls and%d plHWanl to$IAVDn a12W?Ftorvda Staluln aM Ina
ngnl-ol-rq al recor rp d. mmlmum u IF 01 Ip9 f L f A w arr
Elnshon) are lelat" to Nalmnal Gene!, Venc.J w
Datum of 1999 and an shorn thur DaleaX�ly o t9�A O m
am r
alE NUTCN7ON C•.eane✓ _rr., /
September 1, 1 a9/
City Of Dania
Mike Smith
City Manager
Dear Mike,
I wish to thank all of you for working on the Dania main corridor to our city. We all
feel the importance of how not only our neighborhoods look but our downtown area too.
With Bass Pro and all the others that are following them, i.e., hotels, restaurants and
suppliers, the need to enhance our main entrances is very important. People from all over
will be visiting us in the near future. I he last impression I would like them to have is
entering a city lined up with gas stations, boat displays, or inundated with rental cars.
While making out plans for the entrance from the north to our wonderfully
Positioned City one should consider our south entrance also. I have recently listed a
property on Sheridan Street and have yet to show it. Sheridan as you know was once a
neighborhood of families. It is now, one block commercial, second block mixed with homes,
vacant lots and duplexes. I he property that I listed has been on the market for about two
years with no luck on selling it as a residence, I he price isn't the problem, the zoning is.
The calls I get are from those looking for office space or to run a small business such as, art
studio, acupuncture, or a friend from Ft.Lauderdale, Judge Jay Speckler wanted to use the
home for his catering business. As it stands now the zoning will not allow any of the
j above.
I he owner grew up in this house and her family has owned It Since It Wa built
1935. Along came the widening of Sheridan Street and they lost their front yards Th sfn
progress that enabled people to get to 195 and the beach faster changed a neighborhood.
j They have tried for two years to sell their property as a home and can't. When they called
me to list their property I had to tell them that homes on Sheridan Street are very hard to
sell. They have a great home with lots of character and in great shape. Pick it up and put it
in a neighborhood and it would sell for much more than we are now asking and in a heart
beat.
Perhaps when reviewing how to improve our city from end to end this area will be
looked into. After all Sheridan Street on the Dania side seems as likely an area to re- zone
as SW 1 St street was before it went to C-2. And the changes there won't be as
appreciated as those on a main street like Sheridan where more will benefit from the
improvements and developments to the vacant lots and the existing property and hopefully
our tax base will increase as new buildings come into this area.
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Thank you so much for listening,
Sincerely,
Patricia Hart
cc: Mayor, Vice-Mayor
Commissioners Bertino, Etling, Hyde
Growth Manager Terry Virta
Mr. and Mrs. Bob Cochran 220 SW 16 St. (Sheridan St),Dania
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The home at 110 SW 16th Street,(Sheridan Stl was bunt in 1935. The front yard had a
pond, lots Of trees and faced a two lane street that went lust so tar. A great place to grow
up, raise your kids, and let your dog-roam around. It was quiet and part of a neighborhood.
Today that same house is twelve feet from a four lane (state road) highway called Sheridan
Street. As you step out the front door you have approximately seven feet before you step
on a, public sidewalk. You can no longer back your car out of your garage with out getting
hit or walk out your front door and have a green zone to call a front yard. Its all gone.
When Sheridan Street was widened to four lanes with a median/island strip this little
neighborhood was changed. The place where kids could play safely now became part of a
busy road system that runs from the ocean to west of I/b. This is the only street in Dania
that connects from 195 directly to the beach. It is our southern border and no longer a quiet
Place to raise kids.
This happened in the name of progress, a neighborhood was changed in order to move
People more conveniently from one place to another and to open more land for
development.
By granting this zone change to C-2 this property can now conform to what the widening of
the road did to the area. It changed a neighborhood into a business area. This home can't
be sold as a home. Ask yourself, would you by a home on a tour lane highway with the
front door twelve feat away from fast moving traffic? The Cochran's want to live in a
neighborhood. They have had a difficult time selling their home with the present zoning.
They have a lovely home in great condition. When I was asked to list their home I told them
that when it was on the market before with the last two offices, I never showed it. Why?
you may ask, because of the zoning, not because of the asking price. As a home I couldn't
do it. As an office 1 can do it a lot faster.
By changeing the zoning to C-2 Dania would attract new businesses, money in permits for
renovations would be made, properties as they were bought and converted to offices would
be brought up to code, landscaping would be an improvement, occupational licences would
be bought, the property value would increase, and perhaps the entire west side of Sheridan
to the tracks could be considered in the comprehensive land use plan to be changed.
With the present RD 6000 zoning this home owner as others on this street face a life of
living on a major highway, fast cars, dirt, noise, etc. There are now many absentee owners
on this block that rent out their property at low rental rates. There are several duplexes on
the market for sale on this same stretch of Sheridan. One is listed for just under $79,900
and the other $99,900. These same two properties if in the neighborhood would sell for
much more and get a better rent. If they were zoned C-2 their value would be far greater
and rent for much higher and would be improved when someone bought them for office
space.
We are requesting a zoning that will be compatible to those on the north side of the alley
and will improve their life style by bringing up the property values & cleaning up the area. A
C-3 zoning would not be good due to the heavier uses that would not favorably exist with
the connecting neighborhood. Our City cleaned the alleys last Friday, October 17. in this
area between 15th & 16th street. Why? They needed it and some of the owners don't
care.
I wrote to 22 of the property owners. Seven answered with the reply that they want the
change too. The ones that didn't answer I can assume don't care and some of them are
the ones that the city is cleaning up after.
I
Granting this variance will benefit all involved. The C-2 zoning will permit professional
offices, art galleries, restaurants and more compatible businesses that wish to relocate to
Dania. A City that is on the move to be a destination. This zone change would bring new
life to the Dania area that has been forgotten. It is our southern border that moves people
from the west to the beach. Perhaps if this entire area is considered for a C-2 zone change
more of the people who just fly through Dania will want to become part of the Oldest City
that is on a growth outburst. At this place in time I am concerned with the Cochran
Property.
East Sheridan is enjoying new zoning and new growth. Think its time to look at the entire
picture. Perhaps you can try us out and see how it works by granting our request for a
zone change to C-2.
Thank you for your time.
Patricia Hart
Classic Properties
Realtor-Associate
for Sue Cochran
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SCHEDULE OF USE REGULATIONS—Cml'd.
x CITY OF DANIA
P DISIRICr
PURPOSE PERMrrrED USES ACCESSORY USES
C-2 SPECIAL.EXCEP71ON USES
A"CZ"District is intended for I. All permitted uses in C.I. 1. All accessary uses set forth 1. All special exception uses
retail stares, alEcea, or service 2. Retail stores whose prin. in C•1.establishments with convenient ciple activity is ehe sale of set forth in C.I.
ipedestrian aeassthrashoulthe goads within ore enclosed 2. The sale of fireworks at
district. Retail stores are in- building. Provided, haw.. whdcssle and mail order,
tended to include caavenience,✓ provided,however,saidfire•
fashion,and durable goods, ever, this shall specifically works shall be limited to
intended to exclude vehicular trailer,
m0lorautomabfle, buck, those which fall within the
oriented activities which have tecreati motorrycle bat, Class C definition and mid
large acreage requirements cc storegeirnal vehicle sake, sale shall further be limited
which may adverse) impact ad. storage,display,service,es, to a free stackf from
structure
y P pair, leasing, ear washes, thatfree$landingseucture
joining residential areas. "C-2" and service stations.
Mining to appropriate(or neigh. 3. Personal service establish. forty (40)feet and from the
_,Qarhood shopping centers, can. menu which perform sec- rear property line at lust
trail business districts and epos, vice on the premises, such one hundred bhp (r50)feel
and shall be permitted
� munity shopping centers. as repair within said structure, in
Pljacs6 televfsiona,shoe; act• that portion thereof, set x
beauty ub allot shops, back at least seveotytive
beaueyhic studios andpho - (75)feethamlhefrontprop C�
tooting.a studios, and erty line.
4. sing".
ins. 3. Self4crvice laundries.
a. Bal,ord,ntafese professional,med. /. Auditoriums and coaven.
mat, or denial a1Bea, tfoo hails.
5. Banks, savings and loans,
credit unions and other fi.
oancial institutions.
a 6. Restaurants and ban.
7. Athletic dubs, an, drama,
or music schools.
8. Business schools, colleges,
and private schools.
9. Art galleries,museums,and
libraries.
10. Hotel and mcsel.
If. Dry cleaning establish.
ments,excludingselfservice
laundries,for Direct service f0a
to customers. A
12. Charitable,civic,fraternal, — o
and professional usoria-
licns.
;u
CLASSIC PROPERTIES 954-791-1410 09/15/97 PATRICIA HART
-- BROWARD COUNTY ________________________ _ _ __
Tax ID : 5142- 03- 10- 2970 Subdiv: NORTH HOLLYWOOD 4-1 B - INTEREALTY COR
Address : D1A5N9iA3 AVE SW 1595/ /SW/3RD /AV
-- OWNER NAME & ADDRESS - _Blocks-26 Lot: 1 Unit:
---------- --AZZARD -----------------ALI -----------
CINDERELLA ALI ALI AZZARD
1809 N PARK RD ALI CINDERELLA
HOLLYWOOD FL 33021-4816 1809/ /N /PARK /RD/
--BUILDING INFORMATION Carrier: ----0047 Phone: ( )
------------------- --------------------------fl ------------------------
Improve Code : APARTMENT Year Built: 86 # Units : 2
Exterior Type: CBS/FRMDBL/HT Electrical: GOOD TILE Bedrooms:OD Stories : I
Roof MRoof aterial: WD/COMPISHING FoundaType: CONCRETE PLAIN Adj SQFT:
Interior Wall: DRYWALL/PLASTER 248
Frame Type: LiV Area: 212
-- EXTRA FEATURES ------- ---/-------------------/
Desc / Dim ------------------
/ Desc / Dim Desc / Dim Desc / Dim
LAND INFORMATION
LAND UNITS: USE CODE ------•00----------- ------AC-----
08 MULTIFAMILY 9 UNITS MAX Units Type
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: 68230 Tot Amount:$ 2709.98
Land 34750 Year
Total 102980 Millage 1443 996 SOH: 102980
-- LEGAL DESCRIPTION
Legal: NORTH HOLLYWOOD 4-1 B LOT 1 LESS S 15 FOR RD BLK 26 _
Legal: ----
Legal:
Legal:
Legal:
-- SALES INFORMATION ------
--------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ 125000 08/11/95 023778 /000488 WD ALI AZZARD
EarPrev: $ 90000 10/15/93 021267 /000390 WD PERRONE PETER J
l: $ 100 10/01/91 / QCD
$ 100 09/01/91 / CET
-- MLS HISTORY ------- --____ ______
MLI/Status:F 0134438 A Amount: $ 14500E________________
ML#/Status:F 0905769/CS BC 848621/X BC 905769/5 /
ML#/Status: /
-- MORTGAGE INFORMATION ___________________________________I-
Lender: AMTRUST N AMER I-- --_______'-"---
Amount: 87500 Type: CON
--- -------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED
Revised: 02/11/9'
V
i_
CLASSIC PROPERTIES 954-791-1410 10/28/97 PATRICIA HART
-- BROWARD COUNTY --------------------------------------------- INTEREALTY COR
Tax ID : 5142- 03- 10- 2980 Subdiv: NORTH HOLLYWOOD 4-1 B
Address
Block: 26 Lot: 2 Unit:
-- OWNER NAME & ADDRESS ---------------- - ----------------------------
TOMAS CRUZ CRUZ TOMAS
LUCRECIA CRUZ CRUZ LUCRECIA
266 SW 16TH ST 266/ /SW/16TH /ST/
DANIA FL 33004-4249 Carrier. C002 Phone: (
BUILDING INFORMATION ------- �
------------------------------------------------
Building Nl -MORE BLDG INFO Year Built: 56 # Units 1
Improve Code : GARAGE APT/GUEST H Electrical: GOOD Stories 1
Exterior Type: CBS/FRMDBL/HT Plumbing : GOOD TILE Bedrooms: 2
Roof Type : GABLE/HIP Foundation: STEM WALL Baths
Roof Material: TILE Floor Type: CONC, TERRAZZO Adj SQFT: 69
Interior Wall: DRYWALL/PLASTER Frame Type: Liv Area: 48
-- EXTRA FEATURES ----------------------------------------------------
Desc Dim Desc
� Dim Desc � Dim Desc � Dim
LAND INFORMATION ---------------------------------------------------- ---
LAND UNITS: USE CODE Units Type
08 MULTIFAMILY 9 UNITS MAX
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Land Improvement: 39040 Tot Amount:$ 1877.08
32290 Year 1996 SOH: 71330
Total 71330 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal: NORTH HOLLYWOOD 4-1 B LOT 2 LESS S 15 FOR R/W BLK 26
Legal:
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
e Rec Date
/ Page
Name
Curr: $Pric60000 03/177/93 020458k/000521 SW De CRUZ TOMAS
Prev: $ 06/01/92 / CET VETERANS AFFAIRS
Earl : $ 71500 09/01/90 / WD
Othr: $ 73400 04/01/87 / WD
-- MLS HISTORY --------------------------------------------------------------
MLI/Status:F 0182878/A Amount: $ 99900
ML#/Status:F 0147636/X F 0147636/A BC 889767/X
MLY/Status: /
-- MORTGAGE INFORMATION ---------/------------/------------------------------
Lender: VETERANS AFFAIRS Amount: 55000 Type:
---------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ---------------
Revised: 09/24/9
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CLASSIC PROPERTIES 954-791-1410 10/21/97 PATRICIA HART
-- BROWARD COUNTY --------------------------------------------- INTEREALTY CORP
Tax ID : 5142- 03- 10- 2990 Subdiv: NORTH HOLLYWOOD 4-1 B
Address : 260 16 ST SW 260/ /SW/16TH /ST
: DANIA 33004-4249 Block: 26 Lot: 3 Unit:
-- OWNER NAME & ADDRESS ------------------------------------------------------
IRIS E JOHNSON JOHNSON IRIS E
260 SW 16TH ST 260/ /SW/16TH /ST/
DANIA FL 33004-4249 Carrier: C002 Phone: (954)926-1008
--BUILDING INFORMATION
Building #1 Year Built: 52 / Units :
Improve Code : SINGLE FAMILY RESI Electrical: GOOD Stories : 1
Exterior Type: CBS/FRMDBL/HT Plumbing : GOOD TILE Bedrooms:
Roof Type : GABLE/HIP Foundation: STEM WALL Baths
Roof Material: TILE Floor Type: CONC, TERRAZZO Adj SQFT: 1277
Interior Wall: DRYWALL/PLASTER Frame Type: Liv Area: 1161
-- EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc
/ � � � Dim
TERRZ /20 X 20
-- LAND INFORMATION
LAND UNITS: USE CODE Units Type
O1 SINGLE FAMILY RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: 20630 Tot Amount:$ 1409.73
Land 27450 Year 1996 SOH: 48080
Total 48080 Millage 443
— LEGAL DESCRIPTION -------------------------------------------------------
Legal: NORTH HOLLYWOOD 4-1 B LOT 3 LESS S 15 FOR R/W BLK 26
Legal :
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
Price Roo Date Book / Page Type Name
Curr: $ 55000 08/02/90 017643 /000028 WD JOHNSON IRIS E
Prev: $ 40000 08/01/87 / WD MEABEBASTERRECHEA MIQUEL
Earl: $ 100 03/01/86 / AN
Othr: $
MLSHISTORY --------------------------------------------------------------
MLI/Status: / Amount: $
ML#/Status:
ML//Status:
-- MORTGAGE INFORMATION ----------------------------------- ----------------
Lender: FIRST UNITY MTGE CORP Amount: 56400 Type:
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ---------------
Revised: 09/24/97
BROWARD COUNTY -- ----------- INTEREALTY CORF
Tax ID : 5142- 03- 10- 3000 Subdiv: NORTH HOLLYWOOD 4-1 B
Address : 254 16 ST SW 254/ /SW/16TH /ST
: DANIA 33004- Block: 26 Lot: 4 Unit:
-- OWNER NAME & ADDRESS ------------------------------------------------------
EVELTA D. CROSBY CROSBY EVELTA D
2545 SW 16 ST 2545/ /SW/16TH /ST/
DANIA FL 33004 Carrier: Phone: ( ) -
--BUILDING INFORMATION ---------------------e---------------------------------
Building #1 Year Built: 52 # Units 1
Improve Cade : SINGLE FAMILY RESI Electrical: GOOD Stories : 1
Exterior Type: CBS/FRMDBL/HT Plumbing : GOOD TILE Bedrooms:
Roof Type : GABLE/HIP Foundation: STEM WALL Baths
Roof Material: TILE Floor Type: CONC, TERRAZZO Adj SQFT: 122E
Interior Wall: DRYWALL/PLASTER Frame Type: Liv Area: 1013
-- EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc / Dim
CONC / 265SF DWACO /1 X100
-- LAND INFORMATION -----------------------------------------------------------
LAND UNITS: USE CODE Units Type
01 SINGLE FAMILY RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION
Assessments TAXES EXEMPTIONS
Improvement: 20010 Tot Amount:$ 1393.40
Land 27450 Year 1996 SOH: 47460
Total 47460 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal: NORTH HOLLYWOOD 4-1 B LOT 4 LESS S 15 FOR R/W BLK 26
Legal:
Legal:
Legal:
Legal :
-- SALES INFORMATION ---------------------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ 58000 12/17/96 025792 /000460 WD CROSBY EVELTA D
Prev: $ 40000 07/29/96 025195 /000393 WD VOGLER JUDITH D
Earl: $ 100 01/01/90 / WD
Othr: $ 29900 08/01/78 / WD
-- MLS HISTORY --------------------------------------------------------------
MLt/Status:H 0955817/CS Amount: $ 40000
MLI/Status:H 0955817/PS BC 955817/P
MLi/Status:
-- MORTGAGE INFORMATION -----------------------------------------------------
Lender: AMER NATL MTG CORP Amount: 58231 Type: FHA
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ---------------
Revised: 09/24/9-1
-- BROWARD COUNTY --------------------------------------------- INTEREALTY COF
Tax ID : 5142- 03- 10- 3010 Subdiv: NORTH HOLLYWOOD 4-1 B
Address : 248 16 ST SW 248/ /SW/16TH /ST
: DANIA 33004- Block: 26 Lot: 5 Unit:
-- OWNER NAME & ADDRESS --------------------------------- --------- -- ---------
CARLO CAPODIECI & ANNA CAPODIECI CARLO & ANNA
248 SW 16TH ST 248/ /SW/16TH /ST/
DANIA FL 33004-4249 Carrier: C002 Phone: (954)923-909'
--BUILDING INFORMATION -------------------------------------------------------
Building k1 Year Built: 52 1 Units :
Improve Code : SINGLE FAMILY RESI Electrical: GOOD Stories :
Exterior Type: CBS/FRMDBL/HT Plumbing : GOOD TILE Bedrooms:
Roof Type : GABLE/HIP Foundation: STEM WALL Baths
Roof Material: TILE Floor Type: CONC, TERRAZZO Adj SQFT: 10
Interior Wall: DRYWALL/PLASTER Frame Type: Liv Area: e:
-- EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc / Dim
DWACO /1 X100
LANDINFORMATION ---------------------------------------------------------
LAND UNITS: USE CODE Units Type
01 SINGLE FAMILY RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: 16510 Tot Amount:$ 1301.31
Land 27450 Year 1996 SOH: 43960
Total 43960 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal : NORTH HOLLYWOOD 4-1 B LOT 5 LESS S 15 FOR R/W BLK 26
Legal:
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ 43000 12/21/89 017023 /000825 WD CAPODIECI CARLO & ANNA
Prev: $ / HAYWOOD BERNICE E
Earl: $ /
Othr: $ /
-- MLS HISTORY --------------------------------------------------------------
ML//Status: / Amount: $
ML#/Status:
ML//Status:
-- MORTGAGE INFORMATION -----------------------------------------------------
Lender: Amount: Type:
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED --------------
Revised: 09/24/
CLASSIC PROPERTIES 954-791-1410 09/15/97 PATRICIA HART
-- BROWARD COUNTY --------------------------------------------- INTEREALTY CC
Tax ID : 5142- 03- 10- 3012 Subdiv: NORTH HOLLYWOOD 4-1 B
Address . / / / /
Block: 26 Lot: 6 Unit:
-- OWNER NAME & ADDRESS -----------------------------------------------------
ANDRE BOUTIN & SYLVIE BOUTIN ANDRE & SYLVIE
2115 N 17TH CT 2115/ /N /17TH /CT/
HOLLYWOOD FL 33020-2219 Carrier: CO25 Phone: (954)922-53.
--BUILDING INFORMATION ------------------------------------------------------
Building #1 Year Built: # Units :
Improve Code Electrical: Stories :
Exterior Type: Plumbin4 Bedrooms:
Roof Type Foundation: Baths
Roof Material: Floor Type: Adj SQFT:
Interior Wall: Frame Type: Liv Area:
-- EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc / Dim
-- LAND INFORMATION ---------------------------------------------------------
LAND UNITS: USE CODE Units Type
00 VACANT RESIDENTIAL .00 AC
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: Tot Amount:$ 1104.73
Land 41980 Year 1996 SOH: 41980
Total 41980 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal: NORTH HOLLYWOOD 4-1 B LOTS 6 LESS S 15 FOR R/W, LOT 7 LESS S
Legal: 15 FOR R/W BLK 26
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ BOUTIN ANDRE & SYLVIE
Prev: $
Earl: $ /
Othr: $ /
-- MLS HISTORY --------------------------------------------------------------
ML//Status: / Amount: $
ML#/Status: I /
MLi/Status:
-- MORTGAGE INFORMATION -----------------------------------------------------
Lender: Amount: Type:
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED --------------
/ S Revised: 02/11,
5Y
CLASSIC PROPERTIES 954-791-1410 10/21/97 PATRICIA HART
-- BROWARD COUNTY --------------------------------------------- INTEREALTY COR1
Tax ID : 5142- 03- 10- 3012 Subdiv: NORTH HOLLYWOOD 4-1 B
Address :
Block: 26 Lot: 7 Unit:
-- OWNER NAME & ADDRESS ------------------------------------------------------
ANDRE BOUTIN & SYLVIE BOUTIN ANDRE & SYLVIE
2115 N 17TH CT 2115/ /N /17TH /CT/
HOLLYWOOD FL 33020-2219 Carrier: CO25 Phone: (954)922-5323
--BUILDING INFORMATION
Building #1 Year Built: N Units :
Improve Code Electrical: Stories :
Exterior Type: Plumbing . Bedrooms:
Roof Type Foundation: Baths
Roof Material: Floor Type: Adj SOFT: .
Interior Wall: Frame Type: Liv Area:
-_ EXTRA FEATURES --------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc / Dim
-- LAND INFORMATION
LAND UNITS: USE CODE Units Type
00 VACANT RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: Tot Amount:$ 1104.73
Land 41980 Year 1996 SOH: 41980
Total 41980 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal: NORTH HOLLYWOOD 4-1 B LOTS 6 LESS S 15 FOR R/W, LOT 7 LESS S 15
Legal: FOR R/W BLK 26
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ / BOUTIN ANDRE & SYLVIE
Prev: $ /
Earl: $ /
Othr: $ /
-- MLS HISTORY --------------------------------------------------------------
MLC/Status: / Amount: $
ML//Status:
ML//status:
-- MORTGAGE INFORMATION ---------------------.------------- -----------------
Lender: Amount e•
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ---------------
Revised: 09/24/9
i
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'BRO0ARD COUNTY --------------------------------------------- INTEREALTY CORP
Tax ID : 5142- 03- 10- 3020 Subdiv: NORTH HOLLYWOOD 4-1 B
Address : 1923 16 ST SW 1923/ /SW/16TH /ST
: DANIA 33004-4249 Block: 26 Lot: 8 Unit:
-- OWNER NAME & ADDRESS ------------------------------------------------------
WARREN C DAVIS & MARIAN DAVIS WARREN C & MARIAN
MARIAN DAVIS DAVIS MARIAN
226 SW 16TH ST 226/ /SW/16TH /ST/
DANIA FL 33004-4249 carrier: C002 Phone
--BUILDING INFORMATION ---------------------- -
---------------------------------
Building #1 Year Built: 58 # Units 1
Improve Code : SINGLE FAMILY RESI Electrical: GOOD Stories 1
Exterior Type: CBS/FRMDBL/HT Plumbin : POOR Bedrooms: 3
Roof Type : GABLE/HIP Foundation: STEM WALL Baths 3
Roof Material: CORR MET/ROLL Floor Type: CONC/ASPH TILE Adj SQFT: 108C
Interior Wall: WALL BOARD Frame Type: Liv Area: 108C
EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc Dim
CONC 55SF
-- LAND INFORMATION ------------------------------------------------------
LAND UNITS: USE CODE Units
Type
01 SINGLE FAMILY RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: 15570 Tot Amount:$ 328.41
Land 27460 Year 1996 SOH: 38600
Total 43030 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal : NORTH HOLLYWOOD 4-1 B LOT 8 LESS S 15 FOR R/W BLK 26
Legal :
Legal :
Legal :
Legal:
-- SALES INFORMATION ---------------------------------------------------
e Rec Date
/ Page
Name
Curr: $Pric58000 08/19/93 021003k/000305 WD pe DAVIS WARREN C & MARIAN
Prev: $ 129700 04/01/91 / WD RAMIREZ ABEL
Earl: $ 100 12/01/90 / WD
Othr: $ 28000 05/01/90 / WD
-- MLS HISTORY --------------------------------------------------------------
ML#/Status: / Amount: $
ML#/Status:
ML#/status:
-- MORTGAGE INFORMATION ------------ / /
-----------------------------------------
Lender: 1ST UNITY MTG CORP Amount: 58348 Type:
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED
---------------
Revised: 09/24/9'
I
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-- ------------------- ----- -- ----------
AROAARD COUNTY ----- - --- INTEREALTY CORI
Tax ID : 5142- 03- 10- 3030 Subdiv: NORTH HOLLYWOOD 4-1 B
Address : 220 16 ST SW 220/ /SW/16TH /ST
: DANIA 33004-4249 Block: 26 Lot: 9 Unit:
OWNERNAME & ADDRESS ------------------------------------------------------
MARTHA SUE COCHRAN COCHRAN MARTHA SUE
220 SW 16TH ST 220/ /SW/16TH /ST/
DANIA FL 33004-4249 Carrier: C002 Phone: (954)927-7534
--BUILDING INFORMATION -------------------------------------------------------
Building N1 Year Built: 35 1 Units :
Improve Code : SINGLE FAMILY RESI Electrical: GOOD Stories : 2
Exterior Type: ASB SID/FRMST Plumbing : GOOD PLAIN Bedrooms: 3
Roof Type : GABLE/HIP Foundation: STEM WALL Baths 1
Roof Material: WD/COMP SHING Floor Type: WOOD, SINGLE Adj SQFT: 154
Interior Wall: DRYWALL/PLASTER Frame Type: Liv Area: 151
-- EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc / Dim
CONC /12 X 12 DWAAS /1 X100 DWACO /1 X100 /
-- LAND INFORMATION ---------------------------------------------------------
LAND UNITS: USE CODE Units Type
01 SINGLE FAMILY RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: 10200 Tot Amount:$ 477.63
Land 27460 Year 1996 SOH: 37660
Total 37660 Millage 443
-- LEGAL DESCRIPTION
Legal: NORTH HOLLYWOOD 4-1 B LOT 9 LESS S 15 FOR R/W BLK 26
Legal:
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ 100 02/01/95 023162 /000827 CE COCHRAN MARTHA SUE
Prev: $ 95900 12/03/92 020124 /000958 WD LAPOINTE PATRICK
Earl: $ 100 09/01/84 / QCD
Othr: $ 30000 08/01/78 / WD
-- MLS HISTORY --------------------------------------------------------------
MLO/Status:F 0170337/A Amount: $ 89900
ML//Status:F 0170338/A H 0135519/X H 0135519/A H 0969373/X H 0920346/X
ML#/Status:BC 948552/X BC 948552/A BC 969373/A BC 920346/X
-- MORTGAGE INFORMATION -----------------------------------------------------
Lender: Amount: Type:
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ----------------
Revised: 09/24/9
i
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-= PROWARD COUNTY --------------------------------------------- INTEREALTY CORP
Tax ID : 5142- 03- 10- 3040 Subdiv: NORTH HOLLYWOOD 4-1 B
Address : 1915 16 ST SW 1915/ /SW/16TH /ST
: DANIA 33004- Block: 26 Lot: 10 Unit:
-- OWNER NAME & ADDRESS ------------------------------------------------------
GLORIA L THOMAS THOMAS GLORIA L
2755 RIVER RUN CIR E 2755/ /E /RIVER RUN /CR/
MIRAMAR FL 33025-4430 Carrier: CO24 Phone: ( ) -
--BUILDING INFORMATION -------------------------------------------------------
Building #1 Year Built: 52 # Units :
Improve Code : SINGLE FAMILY RESI Electrical: GOOD Stories : 1
Exterior Type: CBS/FRMDBL/HT Plumbing : GOOD TILE Bedrooms: 1
Roof Type : GABLE/HIP Foundation: STEM WALL Baths 1
Roof Material: TILE Floor Type: CONC/ASPH TILE Adj SQFT: 961
Interior Wall: DRYWALL/PLASTER Frame Type: Liv Area: 761
-- EXTRA FEATURES ----------------------------------------------------
Desc / Dim Desc / Dim Desc / Dim Desc / Dim
-- LAND INFORMATION ----------------------------------------------------------
LAND UNITS: USE CODE Units Type
O1 SINGLE FAMILY RESIDENTIAL
-- TAX & ASSESSMENT INFORMATION ----------------------
Assessments TAXES EXEMPTIONS
Improvement: 21380 Tot Amount:$ 1429.72
Land 27460 Year 1996 SOH: 48840
Total 48840 Millage 443
-- LEGAL DESCRIPTION -------------------------------------------------------
Legal : NORTH HOLLYWOOD 4-1 B LOT 10 LESS S 15 FOR R/W BLK 26
Legal :
Legal:
Legal:
Legal:
-- SALES INFORMATION ---------------------------------------------------
Price Rec Date Book / Page Type Name
Curr: $ 47000 10/19/94 022734 /000645 WD THOMAS GLORIA L
Prev: $ 35000 09/29/94 022666 /000635 AM H I P MGMT INC
Earl: $ 48000 03/01/85 / WD
Othr: $ 34000 03/01/80 / WD
-- MLS HISTORY --------------------------------------------------------------
ML#/Status:H 0870858/CS Amount: $ 35500
ML#/Status:BC a70858/S
ML#/Status:
-- MORTGAGE INFORMATION -----------------------------------------------------
Lender: SUNSHINE FINL CORP Amount: 32900 Type: CON
-------------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ---------------
Revised: 09/24/5
a \
CLASSIC PROPERTIES 954-791-1410 09/15/97 PATRICIA HART
-- BROWARD COUNTY --------------------- _ _ _
Tax ID : 5142- 03- 10- 3050 Subdiv: NORTH HOLLYWOOD 4-1 B - INTEREALTY COF
Address : 1518 2 AVE SW DANIA - 1518/ /SW/2ND
-- OWNER NAME & ADDRESS ------33004-4209 Block: --
26 Lot:- ----
11 Unit:----
_
RONALD J ZIELINSKI
- ---- --
ZIELINSKI RONALD J '
1518 SW 2ND AVE 1518/ /SW/2ND DANIA FL 33004-4209 /AV/
--BUILDING INFORMATION Carrier: C002 Phone: (954)925-204,
Building #1 ---------------------------------
Year Built: 47 1
Improve Code : SINGLE FAMILY RESI Electrical: GOOD Units
Exterior Type: CBS/FRMDBL/HT Plumbing : GOOD PLAIN Bedrooms:
Roof Type : GABLE/HIP Foundation: STEM WALL Roof Material: WD/COMP SHING Floor Baths
Interior Wall: WALL BOARD Frame Type: TILE/HARD WD Adj SQFT: 94
Type: Liv Area: 9;
-- EXTRA FEATURES ---------------
Desc Desc Dim Desc
/ Dim ---------Desc-----�-Dim -----Desc / Dim
/ �
-- LAND INFORMATION ------- --___---- ___
LAND UNITS: USE CODE .0Units Ty----�-----AC__
01 SINGLE FAMILY RESIDENTIAL Units
TAX 6 ASSESSMENT INFORMATION ----------------------
Assessments TAXES
Improvement: 1080Tat Amount:$ EXEMPTIONS
XE pS 678.68 STIO Land 60380 Year
Total 71460 Millage 1996 443 SOH: 50790
-- LEGAL DESCRIPTION
Legal: NORTH HOLLYWOOD 4-1 B LOT 11 LESS S 15 FOR ST,12 LESS S 15
-----------
Legal: FOR ST BLK 26
Legal:
Legal:
Legal:
-- SALES INFORMATION ------
----------------------------------
Price Rec Date Book / Page Type Name
Prev: $ 100 01/01/80 008706 /000106 QCD ZIELINSKI RONALD J
Earl: $
Othr: $ /
-- MLS HISTORY ------- Amount: $__-_-__
-
ML1/Status: ---------------------------
/ ---------------
ML//Status:
MLI/status:
-- MORTGAGE INFORMATION / _
_
Lender:
---------------
Amount:
- ----------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED ---
Revised: 02/11/9
LLl IC MUILL PAVE el
14eE H )'N D You ,:�oAp 7-f E e*.*-..s-E
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Saptwnbar 18, 1997
Mr. E Mrs.Andes Bautini
2115 N 17th Ct.
DIY% e , 17 33022.2219
Rae 2 vacant lots on Sheridan St.
Dear My A Mrs. Boutin,
1 am writ V to You to get your views an the way your atroet (Sheridenl should fit into the
Dorris Downtown 1116deveiapmantlMain Stroet Pregrsm. 1 am Involved in promoting our city
krthe dYat don thaiwould wont peopio to Me, work, end unrest in our=Wm Mhy.
wilt ON earpenslon of the airport and port Evorg"W we will soon ba proesn&V to the rest
Of the Ufl and others tM lass Pro Company, Raids Atlantic University Earl.comma,
Maltbtt NOW, UNCker Barrel RestsmM and Mon an sa beating ao Rama. On our
bards as othar ntyw hQW$that 11M bean built or we being bulk and Ute now Oak wood
Pktm. They see sot two far a reasm let us be part of that meson,
What dots this mean to you. Now Our city is aetimalY moving farwerd to irnprovt Osnia
from ens and to thai ether. It If time to get InvoNad. Property values should improve and
dross wifhitg to pet involved can benefit Our city will have a better me base with the new
devd*PMO tt for the improvemertb we aU need.
Your strest is the ooly four lane, major amry from 195 to USt and connecting with the
hesehl Shouldn't tpia am bs awAidnad In the Inwroven am.Mai+bYrom Plan?
My teande eve on lftis strest and love been unpile m sell their property. 'they have triad
tot►about two veers T}tsy have s(1►eat ktca ricer her en oHla. Thssraro the eaW vrs get.
Our Plrablam le the Boring wd notpemW any arts using thia bastion es s buskws that
taa+M itiwe l aaltla aomkq t0 tote oropetty. Parsons want6q to btry s propeRy to live and
ra"thaw ah"" do not warts to Ilve an a fow fans Nghway.
If the City would -,r id-r doping tfte zoning in title arras It would be easisr to ass. It would
then'Wing in nsw bfrysrs with their business that would be rs®uiced to bring the propartas
w to cods and livKhM aping would be another Imaovernent. This would ineroase the
ProPwW vahm of those investors that own duplsua,vacant land and those that own
hdf and watts t0 seN 0r 00ertt6 an office out of their bcadm their plops could also be
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FROM TFiELOORINGCTRF{pLLYWOODSTONE PHONE NO. 9549239913 SeP. 30 1997 09:33M P1
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BUILT IN 1935 THIS FANTASTIC 2 STORY HOME
HAS UNIQUE ARCHITECTURAL DESIGN FEATURES
SUCH AS ARCHWAYS,..HAND SCULPTURED CEILINGS,
AND WOOD FLOORS. IT ALSO INCLUDES:
17 X 10 COVERED DECK
23 X 7 ENCLOSED FRONT PORCH
LARGE ATTACHED WORKSHOP
MAIN ROOF INSTALLED FEB. 1996
5 MINUTES TO HOLLYWOOD BEACH
OWNER FINANCING CONSIDERED
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2ND FLOOR
ORDINANCE NO._
AN ORDINANCE OF THE CITY OF DANIAFLORIDA, AMENDING
ARTICLE II, SECTION 4-18 OF CHAPTER 4 OF THE CODE OF
ORDINANCES RELATING TO EXTENDED HOURS OF SALE OF
ALCOHOLIC BEVERAGES; PROVIDING FOR EXTENDED HOURS
LICENSES AND APPLICATION PROCESS THEREFORE FOR THOSE
QUALIFYING RESTAURANTS AS DEFINED IN SECTION 4-18.1 (b) ;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY FLORIDA: COMMISSION OF THE CITY OF DANIA,
Section 1 . That Article II, Section 4-18 of Chapter 4 of the
Code of Ordinances of the City of Dania is hereby amended to read
as follows :
"Sec. 4-18. Hours of Sale.
(a) No person, vendor or distributor, shall sell or offer
for sale or deliver or serve or permit to be consumed upon the
premises of said person, vendor or distributor, any liquor, beer
or wine regardless of the alcoholic content, on any weekday
between the hours of 3: 00 a.m. and 7 : 00 a.m. , or on Sunday
between the hours of 3 : 00 a.m. and 1 : 00 p.m. , except as provided
herein. No person, persons, vendor or distributor shall sell or
offer for sale or deliver any liquor, beer or wine by package,
bottle or container, between the hours of 2: 00 a.m. and 1 : 00 p.m.
on Sunday or any weekday between the hours of 2 : 00 a .m. and 7: 00
a.m.
-1-
y
(b) That the permission granted in subsection (a) hereof to
operate in excess of the hours provided by Section 562 . 14 of the
Florida Statutes, is terminable at the will of the city
commission, such permission being in the form of a privilege and
not a right .
(c) On a finding by the city commission, after public notice
and after public hearing, that during the hours a vendor has been
permitted to operate in excess of the state law, the operation of
the premises resulted in or substantially contributed to the
creation of a public nuisance by disturbing the peace and quite
of the neighborhood, the commission shall reduce or terminate in
the entirety the permission of a licensee to operate the hours in
excess of the hours provided by the state law. At least ten (10)
days prior to the public hearing the licensee shall be provided
with the specific charges on which shall be based the allegations
of public nuisance, which specific charges shall include the time
and date of, and all known witnesses to the occurrences on which
the charge is based.
Sec. 4-18 . 1 . Extended Hours License.
(a) Any place of business operating as a restaurant or
restaurant bar in the city, which is duly and regularly licensed
by this state to prepare, sell and serve full course meals to the
public, and if such place of business sells and dispenses
alcoholic beverages, it is duly and regularly licensed by this
2-
state to sell and dispense alcoholic beverages, wine or beer
therein, may apply for an extended hours license. Such license
application shall be processed by the city clerk and placed by
that officer on the planning and zoning board agenda for a
hearing and applicant shall be notified of the date of such
hearing. The planning and zoning board shall at the time of the
hearing make a recommendation to the city that the commission
grant the license, deny the license, or grant the license subject
to specific conditions . Upon such recommendation by the planning
and zoning board, the application shall be placed on the city
commission agenda and applicant shall be notified of the date of
the city commission hearing on such application. The city
commission after proper hearing may grant the license, deny the
license, or grant the license subject to specific conditions. The
annual fee for the issuance of said license shall be One thousand
two-hundred fifty ($1, 250 . 00) dollars and no/100th. Such extended
hours license shall permit and extend the hours in which such
licensee may remain open until 6 : 00 a.m. on any day; however, all
such extended hours licenses are hereby declared to be and are
regulatory in nature. Every such license shall expire on
September 30 of each and every year unless previously renewed by
the city manager. Any place of business who wishes to make an
initial application for an extended hours license shall pay a
nonrefundable application fee in the amount of two hundred fifty
-3-
($250 . 00) dollars and no/100th to defray the costs of
investigation of said applicant . Said fee shall be submitted with
the application for such license, and no application shall be
accepted by the city unless accompanied by said fee.
(b) For purposes of this section, a restaurant is defined as
any place of business whose primary activity is the preparation,
selling and serving of full course meals to the public within
that business establishment . A restaurant/bar may qualify under
this article where such bar is directly connected with the
restaurant, operated by the same management in connection with
the restaurant and the primary activity of that business
establishment is the preparation, selling and service of full
course meals to the public. Restaurants as defined for this
section are subject to the health and sanitation requirements of
Chapter 13, Article VI of the Dania Code. The sale of any
alcoholic beverage shall be incidental to any food service and
shall be prohibited except when the restaurant is actively
engaged in serving of full course meals to the public.
(c) The specific criteria for the planning and zoning
board' s recommendation and for the city commission' s
determination in making a decision on the application may
include, without being limited to, the following:
(1) The amount of off-street parking in relation to the
demands created by the extra hours of operation, especially with
-4-
regard to the adverse impact on adjacent residential areas of any
illegal or hazardous parking.
(2) The amount and degree of law enforcement activities
generated by the operation of any restaurant or restaurant/bar,
both outside and inside the particular location, with particular
emphasis on vandalism, noise, vehicular use by patrons and
illegal activity of any kind by employees, patrons or others
associated with the establishment .
(3) The adverse effects, if any, that the extended
hours of operation will have on neighboring properties,
especially with respect to the effects of noise, parking and
glare from headlights or exterior lighting on nearby residential
properties .
(d) The city commission may require, as a condition of the
privilege of extending hours of operation, compliance with any
reasonable conditions deemed by the commission to be necessary to
mitigate or eliminate the adverse effects of such extended hours.
These conditions may include, without being limited to provision
by the owner or operator, at his/her expense, of additional off-
street parking, security personnel and screening and buffering
from nearby properties. The commission may also require that the
licensed establishments be wholly enclosed, soundproofed, and
air-conditioned, with any windows, doors or other openings be
kept closed, except for normal and emergency ingress and egress,
-5-
li
in order that noise and music emanating therefrom will not
disturb the peace and quiet of the neighborhood. The owner shall
record in the Public Records of Broward County, Florida, a
covenant running with the land which expressly sets forth any and
all conditions required.
(e) The granting of an extended hours license to a
particular licensee is a privilege subject to revocation at any
time by the city commission, and no person may reasonably rely on
a continuation of that privilege. The renewal of any extended
hours license shall first be approved by the city manager, and
shall be processed by the growth management department . If the
city manager approves the renewal, the license shall be issued
upon payment of the aforementioned fee . If the city manager
denies the renewal, the licensee shall have twenty days from the
date of the notice of denial to appeal the decision to the zoning
and planning board. The zoning and planning board shall use the
criteria specified in subsections (c) and (d) above in
determining said appeal .
(f) If the city manager determines prior to the renewal date
that the licensee has violated a condition of issuance, renewal
or is operating in a manner harmful to the public health, safety
or welfare, the city manager may place on the city commission
agenda the matter of revoking the extended hours license. Written
notice of the charges against the licensee shall be sent to
-6-
y
i
i
him/her at least ten days in advance and shall also contain the
date, time and place of such agenda item. After consideration of
the matter and allowing the licensee to be heard, the city
commission may revoke, modify or condition the extended hours
license. If the commission determines that the actions of the
licensee are of such a nature as to pose a serious threat to the
health, safety and welfare of the citizens of the city, the
commission may also revoke the privilege of selling, delivering
or permitting consumption of alcoholic beverages after 12 : 00
midnight on any day of the week, including Sunday. The criteria
to be used by the city manager and commission in such matters
shall be the criteria specified in subsections (c) and (d) above.
Should the license or privilege be revoked, conditioned or
modified, the licensee may seek review of such actions before the
commission after three months. The commission may then modify or
refuse to modify its action. Only one such review shall be given
within a twelve month period.
(g) The costs incurred by the city in investigating any of
the matters included in subsections (c) , (d) and (f) in either a
revocation or denial of renewal proceeding of an a restaurant' s
extended hours license shall be paid by the licensee to the city.
These costs shall be in addition to the initial application fee
and the annual license fee required by this section and shall not
exceed five thousand ($5, 000. 00) dollars and no/100th for any one
-7-
I
proceeding. "
Section 2 . Except as herein amended, all other provisions
of Chapter 4 , Article II, of the Code of Ordinances shall remain
in full force and effect.
Section 3. That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 4 . That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED on First Reading of the 9" day of
December, 1997 .
PASSED AND ADOPTED on Second and Final Reading on the
day of 199_
MAYOR - COMMISSIONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
PROPOSED RESTAURANT EXTENDED HOURS LICENSE
RESTAURANT/RESTAURANT BAR. For purposes of this
chapter, any sit-down restaurant where the principal business
is to prepare, sell , and regularly serve full course meals to
the public, or any restaurant/bar where the bar in operated
in connection with the restaurant and by the same management,
where the principal business is the serving of full-course
meals and where full-course meals are actually and regularly
served; such space being provided and equipped with adequate
and sanitary kitchen and dining room equipment . The
restaurant/bar must be directly connected with such dining
room. The sale of beers, wines and alcoholic beverages shall
be strictly incidental to the serving of food. The sale of
beer, wine and alcoholic beverages shall be prohibited except
during the time the restaurant is actually engaged in, and
open to the public for the serving of meals.
1 . Upon receipt of an application for a Restaurant Extended
Hours License by the city clerk, that official shall
place the application on the planning and zoning board
agenda for a hearing and notify the applicant of the date
of such hearing. At the time of the hearing, the
planning and zoning board shall recommend to the city
commission that the commission grant the license, deny
the license, or grant the license subject to specific
conditions . Once the planning and zoning board has made
its recommendation, the application shall be placed on
the city commission agenda and the city commission shall
hear the application after proper notice to the applicant
of the date of such hearing. AT the time of the hearing,
the city commission may grant the license, deny the
license, or grant the license subject to specific
conditions . The specific criteria for planning and
zoning recommendations and for city commission
consideration in making decisions on the application may
include, without being limited to, the following:
a. The amount of off-street parking in relation to
the demands created by the extra hours of
operation.
b. The amount and degree of law enforcement
activities generated by the extra hours of
operation, both inside and outside the
particular location, with particular reference
to noise, vehicular use by patrons, and illegal
activity of any kind associated with the
establishment , during the extended hours of
operation.
C. The adverse effects, if any, that the d
extended hours of operation will have on
neighboring properties , especially with respect
to the noise, parking, and glare from
headlights or exterior lighting, on nearby
residential properties .
2 . The City Commission may require, as a condition of the
privilege of extended hours of operation, compliance with
any reasonable conditions deemed by the commission to be
necessary to mitigate or eliminate the adverse effects of
that operation. These conditions may include, without
being limited to, provision by the owner or operator of
the licensee, at his expense, of additional off-street
parking, security personnel , and screening and buffering
from nearby properties .
3 . All Restaurant Extended Hours Licenses shall expire on
September 30 of each year unless previously renewed by
the City Commission. The Licensee shall make application
for each additional year in the same manner as obtaining
an occupational license.
4. If prior to renewal time, the city manager determines
that any licensee has either violated a condition or
renewal or is operating in a manner harmful to the public
health, safety or welfare, he may place on the city
commission agenda the matter of revoking the license,
providing at least ten (10) days written notice to the
licensee of the charges against him and the date, time
and place of the agenda item, and, after consideration of
the matter and allowing the licensee to be heard, the
city commission may revoke, modify or condition the
restaurant license. The criteria to be used by the city
manager and city commission shall include, without being
limited to, the original criteria specified previously.
5 . In addition to the occupational license tax, each
licensee shall pay a nonrefundable application fee of one
hundred fifty ($150 .00) dollars and, in the event of
approval , a regulatory fee to defray the costs of
policing and regulation of :
6:00 A.M. /11: 00 A.M. Sunday $1, 250 .00
11 :00 A.M. Sunday only $ 200 .00
-
NIA
A' R o1 COMMERCE
Dec. 5, 1997
Mayor Bob Mikes
City of Dania
Dania City Hall
Dania, FL 33004
Dear Bob,
Your Chamber's Board of Directors last night voted to support our members
and friends in the restaurant community. We urge you to keep business in
Dania and to vote Tuesday night for opening and closing hours that are
consistent with those of our sister cities, Hollywood and Fort Lauderdale.
Sinc ely,
. i�
Mimi Donly, Chairperson
P.O. Dox 1017 4 Damn, FL 33004 ♦ Phone: 954.926.2323
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Li 24 1947 le: eH 55471 00 Fi<NTN; Cr. EE ! PaSr 01
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FAST FAX
page)
jNovember 24, 1997 (Monda,i)
i
TO: Frank Tiberio, Players Restaurant
(954) 922-9555
1 p< Tonight's Meeting
�izano of the Donia Free Press asked if .ue would provide support for a
,.uposol Co ollow establishments to remoln open beyond the current statutory limit
Fishing
nlChougt: the I&A World shing Center will not serve alcoholic beverages at all,
night schedule, we support plrns to ..^.Ilow
d d=., not plan to molntoin a late
establishments to set their own hours, including those which offer night
entertainment.
Who among us has so much business that we can afford to send it e',sewhere'?
Pleose convey these sentiments to the appropriate port;.
Thank you.
i
• a�4.
i
Steven S Kl:,t,. 'lirertoi Development
�GfH lyond Fishing Center
Volte !954; -183.0036 Fox: (954) 783.0072
*-mall: Mlots®ballsouth.not
http i!yww/IGFSWorlrlFlshingCenter.op
I
i
r€�n' NIA
' R of COMMERCE
Dec. 5, 1997
Mayor Bob Mikes
City of Dania
Dania City Hall
Dania, FL 33004
Dear Bob,
Your Chamber's Board of Directors last night voted to support our members
and friends in the restaurant community. We urge you to keep business in
Dania and to vote Tuesday night for opening and closing hours that are
consistent with those of our sister cities, Hollywood and Fort Lauderdale.
Sinc ely,
Mimi Donly, Chairperson
P.O. Box 1017 4 Dania, FL 33004 ♦ Phone. 954.929.2323
�r. o�
PETITION TO ADOPT PROPOSED RESTAtTRANT EXTENDED HOURS LICENSE
We , the undersigned . skinnort the Pronosed Restaurant
Extended Hours Licens,, , and urge the Dania Citv Commissioners
to ;l(lor)t the same , f0l-thwifh .
N ME ADDRESS TELEPHONE No.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned, support the Proposed. Restaurant
Extended Hours License, and urge the Dania City Commissioners
to adopt the same, forthwith.
NAM j ADDRESS TELEPHONE No.
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j PFTITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
the undersi ned s
F..xtended Hours Lir_en9P apport the Pr000sed Restai.,rant
t0 urge the Dania City COmml$R10nP7 $
adOPt. the same and
torthwith.
NAME. ADDRESS
TELEPHONE NO.
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PFTITTON TO ADOPT PROPijSF.D RF.STABRANT F.XTFNDF,D 1HxTRS 7.1("ENSE
We , the undersigned , sunport. the Proposed Restaurant.
F)etended Hours License, and urge the Dania City Commissioners
to adopt the same , torthwlt.h .
NAME ADDRESS TELEPHONE NO.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We , the undersigned , support the Proposed Restaurant
Extended Hours License, and urne the Dania City. Commissioners
to adopt the same , forthwith .
NAME ADDRESS TELEPHONE NO.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
j
We . the undersigned, sunnort the Proposed Restaurant
Extended flours License , and urge the Dania City Commissioners
to adopt the same. forthwith.
AM ADDRESS
J TELEPHONE NO.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We , the undersigned, support the Proposed Restaurant
Extended Hnurs License, and iirae the Dania City Commissioners
to adopt the same, torthwith.
NAME ADDRESS TELEPHONE NO.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We , the undersigned , suaoort the Proposed Restaurant
Extended Hours License, and urae the Dania Citv Commissioners
to adopt the same, torthwith ,
NAME ADD ESS TELEPHONE NO.
1 .
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We , the undersigned, sllr)Dort the Proposed Restaurant
Fxtended Hours License, and urge the Dania Citv Commissioners
to adopt the same, torthwith.
NAME ADDRESS TELEPHONE NO.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
WP , the undersigned , sunnor.t. the PrODOsPd Restaurant
Extended Hours License , and .urge the Dania City Commissioners
to 'done the same , torthwith,
NAME. >ADDRE�S.,; TELEPHONE No.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
Exi?ndFd HoursnLicensePdans"OPOettthenPl000sed Restaurant
to Adont the same , ania (.jtv commissioners
forthwith,
NAMF, ADDRESS
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned, support pport the Proposed Restaurant
Extended Hours License, and urge the Dania City Commissioners
to adopt the same, forthwi?n.
NAME ADDRESS TELEPHONE NO.
2 . nn `cE23 43n cE 3�a / —�,ay« 923 3�78
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned, support the Proposed Restaurant
Extended Hours License, and urge the Dania City Commissioners
to adopt the same, forthwith,
NAME ADDRESS TELEPHONE NO.
1 • -L✓r Ai4) /Y Stv Id-D /fi?
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
r
We, the undersigned, support the PrOpOSed Restaurant
Extended Hours License, and urge the Dania City Commissioners
to adopt the same, forthwith.
NAME ADDRESS / _
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2 . LK
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned, support the Proposed Restaurant
Extended Hours License, and urge the Dania Citv Commissioners
to adopt the same, forthwith.
NAMZE, ADDRESS TELEPHONE NO.
zcl
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned,Extended Hours License support the Prop
osed Restaurant
, and urge the Dania Citv Commissioners
to adopt the same, forthwith.
NAME ADDRESS
TELEPHONE NO.
1 . r�a�E z�rsr�-Soo ����� ,��� �,� q.2Z•57.2�.
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned, support the Proposed Restaurant
Extended Hours License, and urge the Dania City Commiss
to adopt the same, forthwith. ioners
NAME ADDRESS
TELEPHONE NO.
1 . h4M 'LO �10 ( 5
2 . 2 C3 dY
3 . G • �3��(
4. PiCc� K �yD"7�
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PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE
We, the undersigned, support the Proposed Restaurant
Extended Hours License, and urge the Dania City Commissioners
to adopt the same, forthwith.
NAME/1 ADDRESS
p TELEPHONE NO.
2 . 24
4.
5 .
6 .
7 .
• 8.
9 .
10 .
11 .
12 .
13 .
14.
15.
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17 .
18.
19.
20.
21 .
22 .
23 .
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PRTITTON TO ADOPT PROPOSED RESTATTRANT FXTFKDF.D HOURS LICFNSE
We , the undersigned , su000rt the Proposed
Extended Hours License, and Restaurant
urge the Dania City rnrmm ssioners
to adopt the same, torthwith .
N ADDRESS
TELEPHONE NO.
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PETiTiON TO ADOPT PROPOSF_D RESTAURANT EXTENDED HOURS LICENSE
We . the undersigned . sunoort the Proposed Restaurant
Fxt.-nded Hnurs License . and urce the Dania City Commissioners
to adnnt the same , torthw7. rh .
NAME ADDRESS
C TELEPHONE, NO.
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AGENDA REQUEST FORM
CITY OF DANIA
Date: 12-03-97 Ir
' Agenda Item
Title:
TELECOMMUNICATIONS ORDINANCE
Requested Action:
2nd Public Hearing -Ordinance
Summary Explanation& Background:
2nd Public Hearing of Ordinance relating to Telecommunication regulations.
Exhibits (List):
Memorandum from Terry Virta, AICP-Growth Management Director
Memorandum from Attorney Earl Gallop
Display Ad published on November 19, 1997
Revised Ordinance dated November 12, 1997-Ordinance#4
Purchasing Approval:
Prepared By:
Terry Virta, AICP- Growth Management Director
Source of Additional Information: (Name&Phone)
Recommended for Approval By:
Terry Virta,AICP-Growth Management Director
Commission Action:
Passed ❑ Failed
❑ Continued [] Other ❑
Comment:
i
City Manager
- City Clerk
MEMORANDUM
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP �GC--
Growth Management Directo
RE: Telecommunications Tower Ordinance
Date: November 12, 1997 (Updated December 4.1997)
Attached is a modification of the draft of the Telecommunications Tower Ordinance for
the November 25,1997 City Commission Meeting. Also attached is a copy of the
memorandum from Attorney Earl Gallop in which he reviews an earlier draft and offers
suggestions for change. This version of the Ordinance incorporates most of Attorney
Gallop's suggested changes. It contains virtually everything that was in the earlier
drafts, however, the order in which the items appear has changed.
In terms of priority for locating towers, the emphasis is on City owned sites. The
Ordinance also includes significant incentives included for co-location. There have also
been added provisions, which will require that tower builders provide the City with
financial guarantees that towers will be removed if abandoned.
At the City Commission's November 25, 197 Meeting representative of the industry
expressed concern with the draft as presented to the Commission. They pointed out
that they had been given the opportunity to workshop earlier drafts with staff but had
not had such an opportunity with this draft. The Commission directed staff to meet with
industry representatives prior to the next Public Hearing. Staff is having a workshop
with representatives on Monday, December 8, 1997 at 2:00pm. The results of that
workshop will be reported to the Commission at the December 9, 1997 Public Hearing.
The draft Ordinance has been greatly enhanced since it's last public hearing. It is
recommended that the City Commission adopt this Ordinance as it has been amended
subject to any further changes offered at the Public Hearing. If you have any questions
or would wish to discuss this matter further, please let me know.
TLV;
I
1
-%NT BY: 11-19-97 : 5:11PX NGF, P. A. 19549212604 t 2/ 8
MEMORANDUM
'f0: Mike Smith, City Manager
PROM: Earl G. Gallop
DATE November 19, 1997
RE: Telecommunications Zoning Ordinance
This memorandum presents a revised, proposed telecommunications zoning
ordinance. The proposed ordinance provides improved regulation of the siting and
appearance of telecommunications towers, antennas and accessory buildings. It also more
strongly encourages co-location, or sharing, to diminish the proliferation of towers in the
city.
Because this is a legally and technologically complex subject, we anticipate that
Anther revisions might be made between 1"and 2id readings. However,I do not expect that
any revisions will not require another I"reading.
A second 1"reading is required in this instance because of the extensive revisions to
the title and to the body of the proposed ordinance.
NOV-19-1997 18:02 P.02
-- -- �• ••� ••••••• nw , , Y." 1JJYJLILUOY•d Ji.;U
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA. AMENDING CHAPTER 28,
BY CREATING ARTICLE Vlll, TELECOMMUNICATION
TOWERS AND ANTENNAS; PROVIDING INTENT,
DEFINITIONS, APPLICABILITY, GENERAL
REQUIREMENTS, SHARED USE OF
COMMUNICATION TOWERS, CO-LOCATION OF
ANTENNAS; APPLICATIONS, SECURITY, ACCESS
EASEMENTS, REMOVAL OF FACILITIES; PROVIDING
FOR CODIFICATION, ORDINANCES IN CONFLICT,
SEVERABILITY, PROVIDING FOR AN EFFECTIVE
DATE.
Whereas, the Congress of the United States adopted the
Telecommunications Act of 1996, providing for federal regulation of wireless
telecommunications, a technology of wireless voice, video and data
communications systems, which requires land-based facilities that impact
planning and zoning concerns in the City and throughout the United States;
and,
Whereas,the City Commission finds that itis in the public interest
to permitthe siting of wireless communication towers and antennas within the
municipal boundaries; and.
Whereas, the City has received, and expects to receive
additional,requests from telecommunication service providers to site wireless
telecommunication towers and antennas within the municipal boundaries and
the City is authorized by federal, state and local law to regulate the siting of
such towers and antennas; and,
Whereas, it is the intent of the City Commission to provide
reasonable accommodation, and to promote and encourage fair and
reasonable competition, among telecommunication service providers, or
providers of functionally equivalent services, on a neutral and non-
discriminatory basis; and,
NOV-1B-1997 11:10 P.93
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Whereas,the purpose and intent of this Ordinance is to establish
appropriate locations in priority order of use and, further, to provide the
requirements and standards to permit the siting of wireless telecommunication
towers and antennas within the municipal boundaries, with due consideration
to the City's comprehensive plan, zoning ordinance, existing patterns of
development and environmentally sensitive areas, including hurricane
Preparedness areas; and,
Whereas, by providing regulatory requirements and standards,
it is the Clty's intent to protect and promote the health, safety and welfare of
Its citizens and residents, the traveling public, and other persons in a manner
that will minimize both the number of towers and antennas as well as the
adverse visual impact and other potential damage by these facilities through
encouraging co-location and shared use of new and pre-existing
telecommunication facilities, through incentives, careful design, engineering
siting, landscape screening and innovative camouflaging techniques.
NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
Section 1. Article VIII, Sections 33.304 through 33-311, of the Zoning Code
of the Code of Ordinances of the City of Dania, Florida,entitled"Telecommunication
Towers and Antennas,,, is hereby created to read as follows:
ARTICLE VIII. TELECOMMUNI TION TOtNERS AND ANTENNAS
Section 33.304 Mtent.
The regulation of telecommunication towers and antennas in this Article is
intended to:
1) promote the health, safety and general welfare of the citizens and
residents, the traveling public, and other persons by regulating the siting
Of telecommunication towers;
2) provide for the appropriate location and use of telecommunication
towers and antennas within the city;
NDV-1B-1997 11:10 P 04
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Microwave: A dish-like antenna used to link wireless communication
services sites together by wireless transmission of voice or data.
Monopole tower.A telecommunication towerconsisting 'Ofa single pole or
spire self-supported by a permanent foundation, and constructed without
quy wires and ground anchors.
Panel antenna: An array of antennas designed to concentrate a radio
signal in a particular area.
Self-suppat/laltice tower. A telecommunication tower that is constructed
without quy wires and ground anchors.
Stealth facility: Any telecommunication facility which is designed to blend
Into the surrounding environment. Examples of stealth facilities include
architecturally screened roof-mounted antennas, antennas integrated into
architectural elements,and telecommunication towers designed to look like
light poles, power poles or trees.
Telecommunication tower.A quyed,monopole orseff supportlia(tice tower,
constructed as afree-standing structure, containing one ormore antennas
intended to be used for personal wireless services,telephone, radio or a
similar communication service. The term includes, but is not limited to,
radio and television transmission towers, microwave towers, common
carrier towers, cellular telephone towers and stealth towers. The term
does not include a tower that provides only open video services.
Seaton 33.30ti. A licabilt
All new towers or antennas, and modifications to existing towers and antennas,
in the City shall be subject to these regulations, except as provided for in
paragraphs 1 through 3, below:
1) These regulations shall not apply to any tower, or installation of any
antenna, that is for the use of an open video broadcast-only facility, or is
owned and operated by a tederally-licensed amateur radio station
operator, or is used exclusively for receive-only antennas.
2) Pre-existing towers and pre-existing antennas shalt not be required to
meet the requirements of these regulations, except to comply with the
requirements of the non-conforming provisions of the zoning ordinance.
NOV-18-1997 11:11 P.05
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.. ... o, •au•curon IYuI', U. A. 1JDdJL1L004• C1:�U
3) An AM array consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna,shall be
considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter,of the towers
included in the AM array. Additional tower units may be added within the
Perimeter of the AM array by right.
S tlon 33-3 Ganera-lRequiremanis.
Every new telecommunication tower and antenna, and modifications to existing
towers and antennas, shall be subject to the following minimum standards:
1) Towers and antennas maybe considered either principal or accessory
uses. A different existing use of an existing structure on the same lot shall
not preclude the installation of a tower or antenna on the same lot.
2) The City may require,as a condition of entering into a lease agreement
with a telecommunication provider, the dedication of space on the facility
for public health and safety purposes, as well as property improvement on
the leased space. Any dedications and improvements shall be negotiated
prior to execution of the lease.
3) For purposes of determining whether the installation of a tower or
antenna complies with district development regulations,the dimensions of
the entire lot shall control, even though the towers or antennas are
Proposed to be located on leased parcels within such lot.
4) Each application for a tower or antenna shall include a review of the
City's inventory of existing towers, antennas and approved sites. All
requests for locations other than a site on the inventory shall include
Specific information about the alternative location,heightand design of the
Proposed tower or antenna, and an explanation regarding why the
inventory sites are not appropriate. The information is a public record.
The City may share the information with other applicants. The City does
not warrant or represent that the information is accurate, or that sites on
the inventory are available or suitable.
5) All applicants for new towers and antennas,or fortowers and antennas
which are to be modified or reconstructed to accommodate additional
antennas, or for which a variance is required, must present a certified
NOV-18-1997 11 11 P.06
report by a professional engineer licensed to practice in the State of
Florida, which shall include the following:
a.a site development plan which includes,without limitation,a photo
digitization of the tower with all attachments.
b. an analysis of the Impacts on adjacent property sites.
c. specifics of design.
d. a narrative discussing the type of tower or antenna, current wind
loading capacity and a projection of wind loading capacity using
different types of antennas as models.
e. a statement of non-interference, which states that the
construction and operation of the tower, including reception and
transmission functions, will not Interfere with public safety
communication, or with the visual and customary transmission or
reception of radio, television, or similar services, as well as other
wireless services enjoyed by adjacent properties.
f. if the applicant proposes to not use a facility or site on the City's
inventory, an explanation of the technological reasons why the use
of the facility or site is unfeasible.
6) Towers and antennas shall meet the following appearance
requirements:
a.towers shall either maintain a galvanized steel finish or, Wallowed
by FAA standards, shall be painted a neutral color to reduce visual
obtrusiveness.
b. the design of accessory buildings and related structures shall, to
the extent possible, use materials, colors, textures, screening, and
landscaping that will bland them into the natural setting and
surrounding buildings to minimize visual Impact.
c. if an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment must
be of a color that is neutral, identical to, or compatible with the color
of the supporting structure, as determined by the City, to make the
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antenna and related equipment as visually unobtrusive as possible.
7) No signals, artificial lights or illumination shall be permitted on any
tower or antenna unless required by the FAA orother applicable authority.
If lighting is required, the lighting alternatives and design chosen must
cause the least disturbance to the surrounding views. . To the maximum
extent possible, lighting shall be oriented away from residential districts.
8) The construction, operation, maintenance and repair of towers and
antennas are subject to the regulatory supervision of the City, and shall be
performed in compliance with ail laws and practices affecting the subject,
including,but not limited to,the zoning ordinance,building code and safety
codes. The construction, operation and repair shall be performed in a
manner consistent with high applicable industry standards. All towers and
antennas must meet or exceed current standards and regulations of the
FAA and the FCC, including emission standards. They must meet the
requirements of all federal, state and local government agencies with the
authority to regulate towers and antennas prior to issuance of a building
permit by the City. If the standards and regulations are changed, then the
owners of the towers and antennas govemed by this Ordinance shall bring
the facilities into compliance with the revised standards and regulations
within six months of their effective date, unless the facilities are
grandfathered under the applicable regulation. The compliance date may
be waived by the City Manager if a different compliance schedule is
mandated by the controlling federal, state and local agency. Failure to
bring towers and antennas into compliance with the revised standards and
regulations shall constitute grounds for removal of the tower or antenna at
the owner's expense.
9) The owner shall additionally maintain a tower in compliance with the
applicable standards for towers that are published by the Electronics
Industries Association.
10) Towers must the tower comply with all applicable building
requirements in applicable building codes and Industry construction
standards. If, upon inspection, the City concludes that a tower fails to
comply with any building codes and industry construction standards, and
constitutes a danger to persons or property, then upon notice, the owner
of the tower shall have 30 days to bring the tower into compliance. Failure
to bring the tower into compliance within 30 days from receipt of notice
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NOV-18-1997 11: 12
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shall constitute grounds for removal of the tower or antenna at the owner's
expense.
11) To ensure the structural integrity of towers, a statement shall be
submitted, prepared by a professional registered engineer licensed to
practice in the State of Florida, which, through engineering analysis,
certifies the tower complies with all applicable building requirements In
applicable building codes and with applicable industry construction
standards. The statement shall describe the tower's capacity, including
the number and types of antennas it can accommodate. Forall towers and
antennas attached to existing structures, the statement shall include
certification that the stmcture can supportthe load superimposed from the
tower or antenna. All new towers shall have the capacity to accept
multiple users; at a minimum, monopole towers shall be able to
accommodate two users and at a minimum, self-support/lattice or guyed
towers shall be able to accommodate three users.
12) Telecommunication towers shall comply with current radio frequency
emissions standards of the FCC.
13) Accessory buildings or structures shall meet all building design
standards as listed in the Code, and shall be constructed in accordance
with the provisions of the South Florida Building Code, latest Broward
County Edition. All accessory buildings or structures shall require a
building permit issued by the building division.
14) Mobile or immobile equipment not used in direct support of a tower or
an antenna facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being made.
15) For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in the City
irrespective of municipal boundary lines.
16) Towers and antennas shall be regulated and permitted pursuant to
this Ordinance and shall not be regulated or permitted as essential
services, public utilities or private utilities.
17) Owners or operators of towers or antennas shall certify that all
franchises required by law for the construction or operation of a wireless
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telecommunication system In the City have been obtained and shall rile a
copy of all such franchises with the City.
18) No signs, including commercial advertising or logo and political signs,
flyers flags or banners shall be allowed on any part of a tower or antenna.
19) All towers shall meet the following buffering requirbinents:
a. an eight foot fence or wall constructed in accordance with Chapter
28 of the Code of Ordinances of the City of Dania, as measured from
the finished grade of the site,shall be required around the base of any
tower and may be required around any accessory building or
structures.
b. landscaping, consistent with the requirements of Chapter 26 the
Code of Ordinances, shall be installed around the entire perimeter of
any fence orwall. Additional landscaping maybe required around the
perimeter of a fence orwall and around any or all anchors orsupports
if deemed necessary to buffer adjacent properties. The City may
require landscaping in excess of the requirements of the City code in
order to enhance compatibility with adjacent residential and non-
residential land uses. Landscaping shall be installed on the outside
of the perimeter fence or wall.
c. landscaping consistent with perimeter and on-site requirements in
Chapter 26 of the Code of Ordinances shall be installed around any
accessory buildings or structures.
20) "High voltage"and"No Trespassing"warning signs shall be provided
as follows:
a. if high voltage is necessary for the operation of the
telecommunication tower or any accessory structures, "HIGH
VOLTAGE-DANGER"warning signs shall be permanently attached
to the fence or wall and shall be spaced no more than 40 feet apart.
b."NO TRESPASSING"warning signs shall be permanently attached
to the fence or wall and shall be spaced no more than 40 feet apart.
c. the letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING'warning signs shall be at least six inches in height.
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NOV-18-1997 11:13
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The two warning signs may be combined Into one sign. The warning
signs shall be installed at least five feet above the finished grade of
the fence.
d. the warning signs may be attached to free standing poles If the
content of the signs is not obstructed by landscaping.
21) All abandoned or unused telecommunication tower facilities shall be
removed by the tower owner or operator within 90 days of the cessation of
use. A tower shall be considered abandoned if use has been discontinued
for 180 consecutive days, The City may require reasonable security to
secure compliance with the requirements of this paragraph.
Telecommunication towers being utilized for other purposes, Including but
not limited to light standards and power Boles, may be exempt from this
provision,
ection 33308 Zoning_Districts Height and Setback Requirements Etc.
1) Telecommunication towers and antennas shall be permitted on
property owned, leased or otherwise controlled by the City(referred to
as City property), provided a license or lease authorizing the antenna or
tower has been approved by the City. Height and setback requirements
shall those that are provided in any lease agreed to by the City, The
City shall have no obligation to execute a lease even if the applicant can
meet all criteria contained in this Ordinance.
2) Monopole towers and antennas shall be allowed as a permitted use,
and guyed or self-support/lattice towers shall be permitted as a special
exception, in the following zoning districts:
a. (M-1) I-Ight industrial District
b. (M 2) Medium Industrial District
c. (M-3) General Industrial District
3) Stealth towers or stealth rooftop and building mounted antennas shall
be allowed as a permitted use in the following zoning districts:
a. (C•4) Community Business
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NOV-18-1997 11:13
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b. (C-3) General Business
c. (IRO) Industrial Research Offfce
d. (IR) Restricted Industrial
e. (IG) Industrial General
f• B-3/ M-1
9. M-2, M-3, M-4
h. (RM/RMI)Medium High Density Multiple-Family(stealthantennas
only)
i. (RM2)High Density Multiple-Family (stealth antennas only)
4) Non-stealth guyed towers and antennas shall be permitted as a special
exception only in the following zoning districts:
a. (C-4) Community Business
b. (C-3) General Business
C. (IRO) Industrial Research Office
d. (IR) Restricted Industrial
e. (IG) Industrial General
f. B-3
5) Towers and antennas must meet the following setback and height
requirements:
a. tower height shall be measured from the crown of the road of the
nearest street.
b, telecommunication towers shall conform with the setbacks established
for the district except when more restrictive requirements are contained
within this section.
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NOV-1B-1997 11:13
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C. towers shall not be permitted within 250 feet of any residential
district.
d. all buildings and other structures to be located on the same property
as a tower shall conform with the setbacks established for the zoning
district.
e. unless provided for elsewhere in this Ordinance, the City
Commission may allow a maximum height of 90 feet for a single user,
up to 120 feet for two users and up to 150 feet for three or more users,
6) inspections:
a. Telecommunication tower owners shall submita report to the building
division certifying structural and electrical integrity on the following
schedule:
i. Monopole towers once every five years.
ii. Self-suppordlattice towers once every two years.
Freestanding and guyed towers at once every two years.
b. Inspections shall be conducted by an engineer licensed to practice in
the State of Florida. The results of Inspections shall be provided to the
building division. The building official may require repair or removal of a
telecommunication tower based upon the results of an inspection.
c. The building division may conduct periodic inspections of towers to
ensure structural and electrical integrity. The owner of the tower may be
required by the City to have more frequent inspections should there be
reason to believe that the structural and electrical integrity of the tower is
jeopardized.
7) Existing towers.
a. Antennas may be placed on existing towers with sufficient loading
capacity after approval by the building division. The capacity shall be
certified by an engineer licensed to practice in the State of Florida.
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NOV-18-1997 11:14
b• Towers in existence as of October 1, 1996, maybe replaced with a
tower of equal or less visual impact after approval by the City Manager.
However, if the proposed new tower would not be consistent with the
minimum standards under this section, replacement must be approved by
the City Commission.
Section 3,3 9. S re Use of Co
Anten as. ►nu is io Towe • Co-f_ocation of
1) Co-location of telecommunication antennas by more than one provider
on existing, new, or modified towers shall take precedence over the
construction of new singie-use towers. Accordingly, each application for
a telecommunication tower shall include a certified written evaluation,
Prepared by a professional engineer licensed to practice in the State of
Florida, of the feasibility of sharing a telecommunication tower, if a
telecommunication tower is located
which examines the following: within five mires of the proposed site,
a, structural capacity of the tower or towers.
b. radio frequency interference.
c• geographical service area requirements.
d. mechanical or electrical compatibility.
e, ability to locate equipment on the tower or towers.
f. availability of towers for relocation.
g. any restrictions or limitations of the FCC that would preclude the
shared use of the tower.
h. additional information requested in writing by the City.
evaluation,prepared by a professional engineer licensed toZ) Each application for an antenna shall include a certifled written
pr State of Florida, of the feasibility of co-locating actice in the
Ifs antenna on an existing
tower. Evidence submitted to demonstrate that no existing tower can
accommodate the proposed antenna may consist of any of the following:
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NOV-1B-1997 11: 14
a. no existing towers or structures are located within the geographic
area required to meet the applicants engineering requirements.
b. existing towers or structures are not of sufficient height to meet
applicant's engineering requirements.
c. existing towers or structures do not have sufficient structural
strength to support applicants proposed antenna and related
equipment.
d. the applicant's proposed antenna would cause impermissible
electromagnetic interference, as determined by the FCC, with the
antenna on the existing towers or structures, or the antenna on the
existing towers or structures would cause impermissible interference,
as determined by the FCC, with the applicants proposed antenna.
9. the fees or costs required to share an existing tower or structure or
to adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower developmentare presumed unreasonable.
f. property owners or owners of existing towers or structures are
unwilling to accommodate the applicant's needs.
g. the applicant demonstrates that there are other limiting factors that
render existing towers and structures unsuitable.
3) All applicants shall demonstrate reasonable efforts in developing a
co-location alternative for a proposed new telecommunication tower or
antenna. An applicant for a permit to construct a tower or antenna shall
cooperate with other telecommunication service providers in co-locating
additional antennas on existing authorized towers. An applicant and an
owner, or operator, of an existing authorized tower shall exercise good
faith in co-locating the facilities. Good faith shall Include sharing non-
propriety technical Information to evaluate the feasibility of co-location.
In the event a dispute arises whether an applicant, or an owner or
operator of an existing facility has exercised good faith in
accommodating other facilities, the City may require a technical study
by a third party at the expense of either or both of the parties to the
proposed co-location.
4) Applications submitted by tenants seeking to co-locate on a pre-existing
NOV-18-1997 11:15
tower, or to rent space on a proposed tower, shalt receive an expedited
review process by the City. Such review shall be completed 30 days
following the filing of a completed application.
5) The owner of any telecommunication tower approved for shared use
shall provide a written Notice of Co-location,by cert fed mail,return receipt
requested, of the location of the tower and the load rapacity of the tower
to all other providers of telecommunication services in Bmward County,
Florida.
6) Failure to comply with the co-location requirements of this section may
result in the denial of a permit request or revocation of an existing permit
for the specific tower.
7) Applicants seeking to co-locate antennas shall not pay rent to the
owner or operator of the tower in excess of the fair market value for the
space, as determined at the time of execution of an agreement.
8) The City shall receive 25% of the rental payments received by the
tower owners or operators from each tenant.
Section 33-310. Applications.
1) Prior to the issuance of a building permit by the building division, a site
development plan shall be presented for approval to the planning division.
Each application fora proposed telecommunication tower shall include all
requirements for site development plan approval, as required in Chapter
26 of the Code of Ordinances. The Director of the Growth Management
Department may waive ail or some of these provisions for stealth towers
which are designed to emulate existing structures already on the site.
Where a request is made to use a pre-existing structure, including light
and power poles,as a stealth facility,thefacility and all modifications,shall
comply with all requirements as provided in this Ordinance unless waived
by the City.
2) A statement shall be submitted with the application, prepared by a
professional registered engineer licensed to practice in the State of Florida,
which,through engineering analysis,certifies compliance ofthetowerwith
applicable building requirements of the South Florida Building Code,latest
Broward County Edition,and any applicable industry standards,including,
NOV-18-1997 S1:iS
but not limited to, Electronic Industry Association/Telecommunications
Industry Association standard for wind load; and describes the tower
capacity, Including an example of the number and type of antennas it can
accommodate. No tower shall be permitted to exceed its loading capacity.
For all towers and antennas attached to existing structures,the statement
shall include certification that the structure can support the superimposed
load. All towers shall have the capacity to accept multiple users; at a
minimum, monopole towers shall be able to accommodate two users, and
self-supporWattice,orquyed,towers shall be able to accommodate at least
three users.
3) The following suppiementat information shall be included with all
applications for special exceptions and variances:
a. a scaled site plan clearly indicating the tower site, type and height
of the proposed tower, the location of the accessory building,on-site
land uses and zoning, adjacent land uses and zoning, adjacent
roadways,proposed means of access,distances from property lines,
elevation drawings of the proposed tower, and any other proposed
structures.
b. a current zoning or aerial photograph showing the location of the
Proposed tower.
c. a legal description of the parent tract and tower site(if applicable).
d. if the proposed tower site meets the required minimum distance
from residentially zoned lands,the approximate distance between the
proposed tower and the nearest residential dwelling, platted
residentially zoned properties, or unplatted residentially zoned
properties. If the proposed tower site does not meet the minimum
distance requirements, then exact distances, locations and
identifications of the residential properties shall be shown on an
updated zoning map.
e. a landscape plan showing specific landscape materials.
f, the method of fencing, finished color if applicable, the method of
aesthetic mitigation and illumination
4) The City shall act promptly on any application submitted in accordance
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NOV-18-1997 11�16
with the provisions of Sections 33-304 through 33-307 of this Chapter.
The reasons for rejecting any application filed under this.section does not
prevent a person from filing an application for a special exception in
accordance with applicable law.
5) Fees for tower placement and use,including antenna installation,will
be determined by a separate resolution.
6) Public land and right-of-way lease agreements will be established by
separate instruments.
Section 33-311 Security Access Easements Removal of Facci►rties,
The approval by the City of a building permit for a telecommunication tower shall
be conditioned upon receipt by the City Manager of the following,
1) Either a surety bond or standby letter of credit, acceptable to the City
Attorney as to form and financial condition of the issuer, securing the
obligations of the applicant to remove the communication tower,accessory
buildings and equipment, as required by Section 33-307(21). of this
Ordinance. The bond or letter of credit shall be payable to the City and
shall provide to the City funds equal to the lesser of$25,000 or 150% of
the estimated cost of dismantling and disposing of the facilities, as
evidenced by a certificate of a professional engineer licensed in the State
of Florida, or other evidence reasonably satisfactory to the City Manager.
Each such bond or letter of credit shall be maintained in force the term of
any lease with the City, or for a minimum of 15 years and thereafter for
additional periods designated by the City Manager If the tower remains in
place at the end of the original fifteen year term. The security shall be
payable to the City if the applicant is in default of its obligation to dismantle
the tower and funds shall be used to pay the cost of dismantling and
disposing of the facilities.
2) An easement granted by the fee owner of the land under ,the tower,and
between the tower and the nearest pubic right-of-way, in favor of the City,
to provide access to the tower site.
3) Written permission from all record owners, beneficial owners, and
leaseholders of the tower in a form acceptable to the City Attorney to enter
upon the site and to remove and dispose of the tower.
IJOV-18-1997 11�16
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Section Z The provisions of this Ordinance shall become,and be made
a part of the City of Dania, Florida, Zoning Code of the Code Ordinances. The
sections of this Ordinance may be renumbered and the word "ordinance"may be
changed to "section," or "article". In no case shall any provision be read to
eliminate any requirements for a franchise, license or other authorization to
occupy the affected property.
ec ion 3. All ordinances or parts of ordinances in conflict herewith shall be,
and the same are, hereby repealed to the extent of such conflict.
Section 4. If any section, sentence, clause, or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent Jurisdiction,then the
holding shall in no way affect the validity of the remaining portions of this Ordinance.
action 6. This ordinance shalt be in force and take effect immediately upon
its final passage and adoption.
PASSED AND ADOPTED on First Reading on the_,,,dayof ,
1997,
PASSED AND ADOPTED on Second and Final Reading on the_day of
, 1997.
MAYOR COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
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CITY ATTORNEY
NOV-19_1997 11:17
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NAGN • GALLOP • FIGUEREDO, P.A.
Ammm and Coumclon at Law
2601 S. Bayshore Drive, Suite 1600
Coconut Grove, Florida 33133
Telephone (305) 860-7229
Facsimile (305) 858-4777
September 18, 1997
Michael Smith, City Manager
City of Dania
P.O. Box 1708
Dania. FL 33004
Re: Proposed Telecommunication Towers and Antennas Regulations
Dear Mr. Smith:
This letter provides our review and recommendation regarding the proposed ordinance
regulating telecommunication towers and antennas.
In performing this legal service, we have undertaken to review selected legal
publications concerning the federal Telecommunications Act of 1996, FCC implementation
of the act, several recent FCC and federal district court decisions, a model wireless
telecommunications towers and antennas ordinance and the recently-adopted City of North
Miami ordinance on the subject. We understand that it is beyond the scope of our
undertaking to perform an exhaustive review of the act, decisional authorities and ordinances
Of other jurisdictions, and we have not done so at this time. The attention we have given to
the subject is sufficient to provide the following comments and recommendation.
Recommendation: The proposed ordinance should be substantially revised to
provide incentives to locate telecommunication facilities on city property, to effectively
Depending on the amount of public and industry involvemen encourage co-locating facilities, and to provide greater protection to the city and its residents.
t, the proposed ordinance could
be revised in 45 to 60 days.
Background: Deregulation of the telecommunications industry created a national
policy of fostering competition among multiple service providers. The industry is dynamic
and expanding rapidly. Deregulation coincided with the licensing of many new wireless
communications services. Personal communications services (PSC) providers paid S23
billion to the federal government for new licenses. (McCombs, Hal-old. Kolr the
Telecomnllulicationv,4ctAfJecty You, American City & County, August 1997). The cellular
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Michael Smith, City Manager
September 18, 1997
Page 2
radio industry, which competes with PSC providers, responded by expanding the number of
cell sites to provide better service. More than 40 million Americans currently use these
services. Their number is expected to grow to more than 100 million by the year 2000.
(Local Officials Guide: Siting Cellular Towers [App. A]). The unprecedented capital
investment, combined with rapidly growing demand, leads various sources to predict that the
industry will seek to add up to 120,000 new antennas to meet the demand. The FCC is
expected to authorize up to eight providers in each local government jurisdiction during* the
next year. In short, the City of Dania can expect to receive more than one application to
locate a new tower and add antennas in the near future.
Statement of the problem: The telecommunications act imposes restrictions on the
power of cities to act on permit applications. Failure to timely adopt an adequate ordinance
can leave the city with diminished ability to regulate siting, aesthetics, safety and other
concerns. Failure to comply with the act exposes the city to federal district court and
administrative actions.
Restrictions on zoning regulations: The telecommunications act does not preempt
local zoning authority. Tire act retains local authority, but makes it subject to new federal
restrictions. The city must satisfy the following requirements:
I. The city may not unreasonably discriminate among ivireless telecommunications
providers that compete against each other. The city must present a "level playing field."
As a general rule, the city should avoid making zoning decisions that give one provider a
competitive advantage over another. If the city allows one provider to construct a 150-foot
tower in an industrial district. it must allow another provider to construct a similar tower in
the same district if the applicant satisfies the general requirements and minimum standards.
unless the city has effective requirements for co-location of facilities or other rational bases
for disallowing an additional tower.
2. The city inav trot prohihit or have the effect of prohibiting the provision oJ'irireless
telecommunications services. A city may not prohibit telecommunication service within its
boundaries. However, the city can limit the number and regulate the location of facilities so
long as its restrictions do not interfere with the reception of a signal and make it impossible
to deliver a service.
I The city must act within a reasonable period oJ'time on applications for ivircless
teleconntrruiicationv facilities. The act does not require the city to give preferential treatment
to applications for wireless telecommunications facilities. Applications pertaining to such
r
Michael Smith, City Manager
September 18, 1997
Page 3
facilities should be processed and acted on just like an application for any other use in their
zoning category.
4. A city action denying an application for a wireless telecommunication facility must
be in writing and based on evidence in the record. This is not an exceptional requirement
for a Florida city. Following the requirements of .Snyder pertaining to quasi-judicial
hearings will satisfy the federal requirement.
5. The city may not deny an application for a wireless telecommunications facilit y
on environmental grounds if the facility will meet FCC radio frequency emissions standards.
A facility that meets FCC emissions standards is presumed safe. The city may require
monitoring of emissions, and prescribe penalties and other relief for violations.
Guiding principles: The proposed ordinance should attempt to balance 1) the need
of the city to protect against uncontrolled proliferation and placement of facilities. ?) the
interests of the wireless telecommunication industry in expanding facilities and 3) the desires
of customers to receive better services and new technologies. The city may regulate the
siting, aesthetics and construction of facilities so long as the regulations do not preclude
consumers from receiving wireless services.
Comments on the proposed ordinance: The proposed ordinance provides basic
siting, aesthetic and other requirements for wireless facilities. [App. B] It prescribes
different, but sometimes redundant, requirements for towers (§33-306) and for antennas not
located on towers (§33-307). The ordinance encourages, but does not require, co-location
of facilities (§33-308). It does not create a"tiered" approach to the location of facilities on
public property under lease with the city and, thus, misses an opportunity to increase city
revenue. Protection of the city and residents by indemnification for claims, insurance against
loss and security for removal of abandoned facilities is not provided.
Comments on the model ordinance: The model ordinance, which was modified and
recently adopted by the City of North Miami, provides a tiered approach to locating
facilities, requires co-location to control the proliferation of facilities, tailors setback and
separation requirements to tower and antenna height, and gives more protection to the city
and residents by requiring indemnification and insurance. [App. C] The city's proposed
ordinance and the City of North Miami ordinance are compared in the table further in this
report.
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Michael Smith, City Manager
September 18, 1997
Page 4
Critique of both ordinances: Both ordinances encourage "stealth' or "alterative
tower structures." Neither require security for removal of abandoned facilities. Neither
ordinance uses setbacks in an effort to address the potential health risk of electromagnetic
radiation. The ordinances do not require that tower lighting, when required by the FAA. be
oriented inward and away from surrounding residential properties. Certification of the
structural integrity of new towers should be required within 45 to 60 days of initial operation.
The definition of"abandomnent" should also include the receipt of notice to FCC of intent
to cease operations. The ordinances otherwise differ in their details.
Comparison of ordinances and further recommendations:
Proposed North Miami' Recommended
No Whereas clauses Telecommunications Act Add,
and need to regulate
§33-304. Intent. Health, §2. Purpose. Also includes Expand to declare that
safety and welfare. minimization of number of telecommunication services
towers. are non-essential and to
include allowance of
additional towers only if
need demonstrated. provide
incentives to lease public
property, co-locate
facilities.
§33-306. Definitions. §3. Expanded. Expand to define additional
terms.
The City of North Miami Ordinance No. 961 tbllows the Model Wireless
Telecommunications Towers and Antennas Ordinance. The model ordinance was copyrighted in
1996 by Varnum, Riddering, Schmidt & Howlett, LLP, Grand Rapid, Michigan. The law firm
states that it provides telecommunication legal services to municipalities. The undersigned
represents that he purchased the right to use the law firm's model ordinance.
y
Michael Sinith, City Manager
September 18, 1997
Page 5
§4. Applicability. Applies Add.
to new towers and
antennas, with limited
exceptions; exempts
broadcasting facilities,
amateur radio stations and
receive only antennas; and,
provides that an AM array
shall be considered one
tower.
§5. General Requirement/ Revise proposed ordinance.
Minimum Standards.
Provides for principal or
accessory use, lot size,
inventory of existing sites,
engineering report,
aesthetics, lighting,
compliance with federal
requirements, building
codes and safety standards,
warnings, non-essential
service, franchise warranty,
no advertising, inspections,
co-location, and other
subjects.
Michael Smith, City Manager
September 18, 1997
Page 6
§33-306. Telecom- §6. Permitted Uses. Add "tiered"-lease
munications Towers. Creates a "tiered" system. approach. Adopt form
¶1-¶4 Freestanding towers Towers and antennas on lease by separate
are permitted use in OS, city property are permitted resolution. Consider
M-1, M-2 and M-3 as of right under lease delegation to city manager.
districts; which satisfies general Add strengthened co-
guyed and lattice towers requirements and minimum location requirements.
permitted as special ex- standards. No review fee is
ception in same and C-3, required. Also, limits
C-4, IRO, IR and IG height (15 feet) and number
districts; !,5 minimum (one) of rooftop towers,
requirements include and requires screening. No
development plan, permit review time
engineering certificate, specified.
height, setback and 250 §7. Administratively
foot separation from Approved Uses. Delegates
residential districts, to city manager approval of
aircraft liazard, a) towers and antennas in
compliance with FCC industrial and commercial
emission standards, buf- planned developments, b)
fering, warnings, antennas on existing towers
equipment storage, and industrial, commercial,
removal of abandoned professional, institutional
buildings, no advertising, and multi-family ()8 units)
accessory buildings, color, structures and c)
non-interference with "alternative tower
public safety communi- structures" (i.e., "stealth');
cation; 16 inspections: ¶7 provides standards.
requirement of special Provides for 30-day
exception permit for approval.
stealth and monopole; ¶8 §8. Special Use Permits.
hazardous conditions Prohibits new towers unless
prohibition: T9 existing applicant demonstrates that
towers. !, 10 supplemental no existing tower, structure
information, or technology can be used;
authorizes additional
conditions: requires
y \
Michael Smith, City Manager
September 18, 1997
Page 7
§33-307. Antennas Not §9. Buildings or Other
Located On Telecom- Equipment Storage.
munications Towers. Provides few standards for
¶1 Stealth rooftop or equipment storage
building mounted antennas buildings.
are permitted use in C-4,
C-3, IRO IR IG, B-3/ M-1,
M-2, M-3, M-4, RM RM1,
RM2 and OS districts;
non-stealth rooftop or
building mounted antennas
permitted as special
exception in those districts
except RM RMI and
RM2, 12 minimum
standards (for screened
facilities) include no
advertising, no lighting
unless required by FCC or
FAA, limitation on size of
equipment building
(standards for unscreened
facilities include
limitations on building and
antenna heights [no
limitations for screened
facilities]); 13 antenna
types; ¶4 antenna
dimensions; 15 aircraft
hazard; ¶6 supplemental
information.
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Michael Smith, City Manager
September 18, 1997
Page 8
§33-308. Shared Use of See A 11. Availability of Adopt stricter requirements
Communications Suitable Existing Towers, to facilitate co-location on
Antennas. Encourages Other Structures, or city owned or leased, or
good faith effort to co- Alternative Technology other telecommunication
locate towers and an for strict requirement to facility.
with other provide evidence, to the
"communication satisfaction of the city, that
providers." See also, §33- facility cannot be co-
306, ¶10)G) located. Provides
Supplemental expedited 30-day action of
information. co-located facilities.
§33-309. Applications.
Requires prompt action on
applications by city.
Anticipates separate
resolutions regarding fees
and leases.
See §33-306, ¶J, requiring §10. Removal of Add. Require security.
removal of abandoned Abandoned Antennas and
towers within 90 days; Towers. Requires removal
providing that a tower is at owner's expense within
abandoned when not used 90 days of receipt of notice
for 180 consecutive days. by city; provides that a
facility is abandoned when
not operated for 12
continuous months.
Michael Smith, City Manager
September 18, 1997
Page 9
§11. Nonco7facilities;
Add.
Prohibits ex
nonconformallows rebuidamaged or
facilities to not greater than
original height or intensity,
must comply with building
standards (wind loading) be
built in 180 days.
§12. Protection of City Add.
and Residents. Provides
for indemnification and
insurance requirements.
§13. Penalties. Provides Add.
criminal misdemeanor
penalties for knowing
violations and civil
penalties of up to $10,000
per day.
§15. Access to Books and Add.
Records. Requires
operator to maintain and
allow inspection of
construction, operating and
maintenance documents,
and notices of deficiency,
forfeiture and bankruptcy
documents.
Conclusion: The proposed ordinance should be modified to strengthen the
protections.
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Michael Smith, City Manager
September 18, 1997
Page 10
It was a pleasure reviewing and commenting on the proposed ordinance. Please call
me if I can be of further assistance on this important matter.
Very truly yours,
/a ,2
Earl G. Gallop y
EGG/sgs
Attachments
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CITY OF DANIA
NOTICE OF PUBLIC HEARING
A ON AND APPROVAL
DANIA CITY COMMISSION
NOTICE OF CHANGE TO ZONING CODE TEXT
This Ciry of Dania,FlorWa proposes to atlopt Inc following ordinance.A Public hearing on
the proDaaed ort7inence will be naltl by me Dama Ciry Commission on Tuesday,November
25.1997 and December 9,1997 on or after 7:30 p.m.in the City Commission room of Dania Ciry Hell.IDO West Dania Beach Blvd..Dania,FL The 00e of the proposed ordinance which
encompasses the proposed changes is:
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,AMENDING CHAPTER
2B, BV CREATING FOR LOAFOR 0RTICLE VIII, "TELECOMMUNICATION TOWERS AND AN7ENNA5";PROVIDING INTENT AND CO RDA
PROVIDING MINIMUM
TOWESTAN RS;MitSTANOPROV D N6 MINIMUM STANOARDSOFOR LOCATONNIAND APS PROVAL OF COMMUNICATIONS ANTENNAS,PROVIDING ADOI7IONAL US-
TE"
PgNS ANT
WO G FOR I SPRMIDIN PECTIOSMARIN A NS; PROVIDING FOR CONFLICT; PROVIDING FOR 9EVEgABILITY pROV101NG FOq INCLUSION;PROVIDING FOR AN EFENNAS•FECTIVE DATE.
CITY OF OAN:A
Mott"
NNN
CdplCI 01 the proposed orrbnanca are evadable for viewing and purchase at the oMioe of the
Ciry Clerk,100 West Dania Beach Blvd.,Dome,Florida between me hours of 8:00 a.m.and
5:00 p.m.,Monday•Friday.
Interested paNes may appear at the public hearing and be heard win respect to the
PrOP038d ordinance.
Any person who demises to appeal any decision made by ins Dania City Commission with
regard to any made' Considered as this meeting or hearing wig need a record of the
13100eedings and for such purpose may need to ensure that a verbabm record of the
Procaetlings Is made, which record Includes the testimonyand evidence upon which the
appeal is to be based, D
j Terry Wife.AICP
GrmvUt Menegemant Dlrectdr
• n+su nrn..n wr:wr.wwrMwwr..y mr.
`e+L rrn a mw.�r i.h, urrr,�,a .Mrarw
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Date: 12-09-97 Agenda Item#: �
Title:
COMMERCIAL DESIGN GUIDELINES ORDINANCE
Requested Action:
2ND PUBLIC HEARING OF AN ORDINANCE DEVELOPING DESIGN GUIDELINES FOR ALL
COMMERCIAL BUILDINGS.
Summary Explanation& Background:
THIS IS THE SECOND PUBLIC HEARING OF AN ORDINANCE WHICH WILL ADOPT DESIGN
GUIDELINES FOR COMMERCIAL BUILDINGS WITHIN SPECIFIC OVERLAY DISTRICTS.
Exhibits (List):
Memorandum from Terry Virta, AICP-Growth Management Director
Display Ad published on November 19, 1997
Ordinance
Prepared By:
Terry Virta, AICP-Growth Management Director
Recommended for Approval By:
Planning and Zoning Board December 1, 1997
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
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C�1 - C
MEMORANDUM
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TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP � �J
Growth Management Dire c r
RE: Commercial Building Design Guidelines Ordinance
Date: November 19, 1997 (Updated December 2, 1997)
During the process of developing the design guidelines for service stations, the
idea of developing design guidelines for all commercial buildings was discussed with the
City Commission. They asked staff to proceed with the drafting of such an Ordinance.
This draft Ordinance attempts to accomplish that objective. It began with the Service
Station Guidelines and took advantage of design guidelines done in Ft. Lauderdale and
also in St. Johns County.
Design guidelines are a topic that is of concern in a number of jurisdictions
throughout the State. The September, 1997 issue of the Florida Chapter of the
American Planning Association Newsletter had an article on design guidelines. In that
article there was a quote from an architect for Southland Corporation which was
particularly significant. That architect is quoted as saying that a well designed store can
out perform a regular store by more than twice the rate of money generation ($20,000 to
$25,000 as opposed to $8,000 to $12,000). That would appear to be very impressive
and the community in which such a facility is located wins as well.
The Planning and Zoning Board considered this matter at their December 1,
1997 Special Meeting. They are suggesting a couple of minor changes to the proposed
regulation. On page two of the Ordinance for item 3. a. they have suggested that the
phrase within any twelve month period be added after the $10,000. On page eight item
c. under Signage and lighting they are suggesting that it be changed to read as
follows "Window signage whether permanent or temporary shall not be permitted." With
those two suggested changes, they are recommending that the Commission adopt the
Design Guidelines.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
ARTICLE 6, SUPPLEMENTARY USE REGULATIONS, OF CHAPTER 28,
ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA, BY ADDING A NEW SECTION 6.64 ENTITLED "PRINCIPAL
ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH
PROVIDES FOR DESIGN GUIDELINES TO BE FOLLOWED BY
COMMERCIAL DEVELOPMENT ALONG PRINCIPAL ARTERIALS IN
THE CITY OF DANIA; PROVIDING FOR OBJECTIVES OF THIS SUB-
SECTION; DELINEATION OF THE OVERLAY DISTRICT; PROVIDING
FOR APPLICABILITY; STIPULATING CRITERIA FOR APPEARANCE,
LANDSCAPING, WALLS, FENCING,SIGNAGE AND LIGHTING; AND
SPECIFYING LOCATION CRITERIA FOR DRIVE-UP FACILITIES;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That Article 6 of Chapter 28, Zoning, of the code of ordinances of
the City of Dania entitled "Supplementary Use Regulations," be and the same is hereby
amended by adding Section 6.64, 'Principal Arterial Commercial Design Standards
Overlay," which shall read as follows:
ARTICLE 66
SECTION 6.64— Principal Arterial Commercial Design Standards Overlay
1. Objectives of this Section
a. The following standards are established for commercial development
along principal arterials to ensure that such uses shall be compatible
with other uses permitted in the same district and to protect the public
health, safety and welfare of the community.
b. The purpose of the standards in this Section is to promote design, which
is architecturally compatible with the surrounding area and the design
goals of the City of Dania.
c. These standards are designed to promote development and
redevelopment where the physical, visual and spatial characteristics are
established and reinforced through the consistent use of compatible
urban design elements. Such elements shall relate the design
characteristics of an individual building or project to the other existing
and planned structures in a harmonious manner, resulting in a coherent
overall development pattern and streetscape.
d. The standards in this Section are intended to discourage generic
suburban development types that bear little relation to the historic
development pattern of Dania.
e. It is the purpose of this Section to provide a process to insure that
historically and architecturally significant structures are conserved to the
maximum extent feasible.
2. Delineation of the Overlay District
The Dania Principal Arterial Overlay District shall be superimposed upon all
commercially zoned properties that front on or are immediately adjacent to
any of the following roadways within the City of Dania:
a. Griffin Road from the western city limits to the intersection with U. S. 1;
b. Stirling Road from the western city limits to the intersection with U. S. 1;
c. Sheridan Street along it's north side from the intersection of U. S. 1 to
the eastern limits of the City;
d. Dania Beach Boulevard from the intersection with U. S. 1 to the eastern
limits of the City; and,
e. U. S. 1 from its intersection with Griffin Road on the north to its
intersection with Sheridan Street on the south.
3. Applicability
a. This Section shall apply to all new commercial development, additions or
renovations in excess of$10,000 as determined by the City.
b. The City Commission may approve exceptions to this Section as
conditions to a site plan approval provided that the following has been
found:
ORDINANCE NO.
2
r
1) There are circumstances peculiar to the site and/or the intended
use that makes compliance with a particular requirement of this
Section impracticable; and,
2) There have been offered by the applicant significant enhancements
to other pertinent aspects of the site that the City Commission
determines will offset any negative impact that an exception to
these standards might otherwise create.
4. Appearance
a. All structures on a site shall create a unified architectural theme.
b. Building walls exposed to public view shall be designated and articulated
through the use of a coherent and clear architectural design consistent
with the character of the building and the street. Buildings shall be
designed to incorporate rhythms in form, construction details and natural
light and ventilation courts.
c. Buildings facing a public street or interior courtyard space shall be
architecturally emphasized through entrance treatment, fenestration, and
building details. Buildings with more than one facade facing a public
street shall provide treatment for each facade.
d. Roofs shall be pitched with generous overhangs. The roofing shall be
incombustible material such as shingle, clay tile, cement tile, or metal.
e. Roof and exterior wall surfaces, with the exception of glass areas shall
be non-reflective. Reflective or mirrored type glazing at ground level
visible from the sidewalk is prohibited.
f. The use of flat steel or metal panels for the exterior walls shall not be
permitted.
g. The rear and sides of buildings shall be finished with material that in
texture and color resembles the front of the building.
h. Glass windows and doors must make up 35% of the primary elevation
and 15% of the secondary elevation.
i. The coloration of all buildings shall be nature blending with a maximum
of three colors exclusive of roof. The use of "earth tone" or light pastel
colors shall be encouraged. Semi-transparent stains are recommended
for application on natural wood finishes.
ORDINANCE NO.
3
j. Canopy's, if utilized, shall be restricted to a clearance of 14 feet in height
and shall be consistent with the main building design. The canopy
columns shall be architecturally finished to match the building.
k. Work area or storage doors and open bays shall not open toward or
otherwise be visible from any of the designated principal roads.
m. Heating, ventilation and air conditioning equipment, duct work, air
compressors, other fixed operating machinery shall be either screened
from view or located so that such items are not visible from the
designated arterial, adjacent residential properties or intersecting streets.
n. No temporary structures shall be permitted, except those used in
conjunction with and during construction projects. Office-type mobile
units when used as temporary facilities shall be screened from view from
the designated arterial and equipped with rigid skirting on all sides. Any
towing gear shall be removed, and if not removable, shall be screened
from the designated arterial.
o. A minimum distance of eight (8) feet shall be maintained between any
building, including any walkway immediately adjacent thereto, and the
parking area. This space is to be reserved for walkways and
landscaping, either existing or planned. A minimum, three-(3) foot wide
strip for plant material is required. No such space is required at the
sides or rear of the building unless there is an adjoining residential use.
5. Landscaping, walls and fencing
Commercial development must comply with Section 26-41 landscaping
requirements as well as the items specified below:
a. Landscaping must be compatible with the existing landscaping of the
surrounding community.
b. Street tree requirements shall be altered to require palm clusters on the
ends of landscape buffers. The palm clusters shall consist of three palms
with a minimum height of 13 feet.
c. The use of planters and window boxes shall be incorporated into the
overall landscape design of the building and the site.
d. Where hedges are utilized, a tiered effect is required.
e. Landscaped areas shall be surrounded with a six-inch raised concrete
curb. Grade within areas to be landscaped shall be raised to curb-
height.
ORDINANCE NO.
4
r
f. Chain link, barbed wire and similar fencing along a designated arterial is
Prohibited. Where such fencing can be viewed from a designated
arterial, landscaping and/or berming shall be provided to minimize
visibility from the designated arterial.
g. Perimeter walls if utilized shall be architecturally compatible with the
principal structure.
6. Signage and Lighting
a. Monument signs compatible with the architectural design of the
structure/project are the only permitted freestanding signs. Only one
such sign is permitted per site and it can measure no more than seven
feet high and six feet in width. If there are separate businesses that are
located on the site, they may share identification on the one freestanding
monument sign.
b. Canopies, if contained within the project, shall not contain any signage,
striping or super graphics.
c. Temporary window signage shall not be permitted.
d. Lighting fixtures shall be baffled and arranged so that illumination is
deflected away from adjacent properties and roadways.
7. Location Criteria for Commercial Development Having Drive-up Facilities.
a. No drive-up facility may be located within 500 feet of an existing facility
located on the same side of the designated arterial. Such distance
shall be measured from the point of ingress or egress of an existing
site to the point of ingress or egress of the proposed site.
b. Existing drive-up facilities located closer than 500 feet may be
improved or upgraded provided they are able to meet the other
requirements of this Section.
Section 2. That except as herein amended, all other provisions of said Article
6 of Chapter 28 of the Code of Ordinances of the City of Dania, Florida, as amended,
shall remain in full force and effect.
ORDINANCE NO.
5
Y
Section 3. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict herewith be and the same are hereby repealed to the
extent of such conflict.
Section 4. That this ordinance shall be in force and take effect immediately
upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the day of , 1997.
PASSED and ADOPTED on Second and Final Reading on the day of
1997.
Mayor Commissioner
Robert Mikes
ATTEST:
City Clerk—Auditor
Marie Jabalee
APPROVED AS TO FORM AND CORRECTNESS
By:
City Attorney
Timothy Ryan
ORDINANCE NO.
6
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11/13/97 21:49 FAX 425 1290 WAD SERVICES 0001/001
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afraato(954)451290,IIwd9agbh n pwoyea 9d.a a aaBred romd f m60in COrrrClbn rlCrhed baM
CITY OF DANIA
NOTICE OF PUBLIC HEARING
DANIA CITY COMMISSION
NOTICE OF CHANGE TO ZONING CODE TEXT
The City of Dania, Florida proposes to adopt the following ordinance. A public hearing on tt16 proposed ordinance will be held byy 01e Dania Cityry Commission on Tuesday,November 25,1997 and December 9,1997 on or after TJO p.m.in the City Commission mom of Dania City Hall, i W West Dania(leach Blvd.,Dania, FL.The
lisle of the proposed ordinance which encompasses the Proposed Changes is:
AN ORDINANCE OF THE CITY OF DANIA,FLORIDA.AMENDING ARTI-
CLE 6,SUPPLEMENTARY USE REGULATIONS,OF CHAPTER 28,ZON-
ING,OF THE CODE OF ORDINANCES OF THE CITY OF DANIA,FLOR•
IDA, BY ADDING A NEW SECTION 6.64 ENTITLED "PRINCIPAL
ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH
PROVIDES FOR DESIGN GUIDELINES TO BE FOLLOWED BY COM-
MERCIAL DEVELOPMENT ALONG PRINCIPAL ARTERIALS IN THE CITY
OF DANIA;PROVIDING FOR OBJECTIVES OF THIS SUBSECTION;DE-
LINEATION OF THE OVERLAY DISTRICT; PROVIDING FOR APPLICA-
BILITY; STIPULATING CRITERIA FOR APPEARANCE, LANDSCAPING,
WALLS,FENCING,SIGNAGE AND LIGHTING;AND SPECIFYING LOCA-
TION CRITERIA FOR DRIVE-UP FACILITIES; PROVIDING THAT ALL
OR PARTS OF SOLUTIORTS NS IN CONFLICT HEREWITH BES REPEALED
TO THE EXTENT OF SUCH CONFLICT;AND PROVIDING FOR AN EF-
FECTIVE DATE.
car or DANIA
F
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1 I�
Copies of the propocetl ordnance are available for viewing and purchase at the
office of the Coy Clerk, 100 West Dania Beach BNd., Dania, Florida between the
hours of B.00 a.m.and 5:00 p.m.,Monday-Friday.
Interested parties may appear at fhe Public hearing and be heard with respect to the
Proposed ordinance.
AZ person who decides to appeal any decision made by the Dania City Commission
hearing will need a record of
the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings u made,which record includes the testimony and evidence upon
which the appeal Is to be based.
Terry Vlrts,AICP 9
Growth Management Director 1
arwein r,w-.w,an
G;1���In1D(a1 L°3��UL$`� lrvl�NJ
CITY W DAIWA\
1 Date: 12-3-97 Agenda Item#:
Title:
ZONING TEXT AMENDMENT-ORDINANCE
Requested Action:
2No PUBLIC HEARING OF AN ORDINANCE WHICH WOULD AMENDING SPECIAL
EXCEPTIONS IN THE RD6000 ZONING DISTRICT
Summary Explanation & Background:
THIS ORDINANCE WOULD ALLOW, AS A SPECIAL EXCEPTION USE, RECORD STORAGE
FACILITIES FOR CHURCHES OR SCHOOLS WHEN THE SITE IS WITHIN TWO HUNDRED
FEET OF AN APPROVED CHURCH OR SCHOOL, IN AN RD-6000 ZONING DISTRICT.
Exhibits (List:
Memorandum from Terry Virta, AICP-Growth Management Director
Display Ad published on November 19, 1997
Ordinance
Prepared By:
Terry Virta, AICP -Growth Management Director
Recommended for Approval By:
PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
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fLlb_ = MEMORANDUM
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TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP �
Growth Management Direr?
RE: Draft Ordinance Amending ((Special Exceptions in the Rd-6000 Zoning
District
Date: November 19, 1997 (Updated December 2, 1997)
At the City Commission Meeting scheduled for November 25, 1997 an
amendment to the RD-6000 provisions of the Zoning Ordinance was scheduled and
heard for first reading. This item was scheduled and heard by the Planning and Zoning
Board at their December 1, 1997 Meeting. At their meeting they recommended one
change to the proposed ordinance. They are recommending that the word record be
dropped from the statement so that the Special Exception is for storage. With that one
change they are recommending that the City Commission adopt the proposed
amendment to the Zoning Code.
The change proposed is quite simple in that it would add to the list of Special
Exceptions for the RD-6000 District record storage facilities. Such facilities would be
allowed for a church or school when the church or school was within 200 feet of the
proposed storage facility. The storage building would also have to maintain the
residential appearance of the zoning district.
This is the second reading of the proposed ordinance and the City Commission
will be in a position to offer any changes that they would wish to make in this regard.
Staff will address any questions that the City Commission should have at next Tuesdays
Meeting.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
CHAPTER 28, ZONING; ARTICLE 4, DISTRICT REGULATIONS,
SECTION 4.20 - APPLICATION OF REGULATIONS, OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING A
SPECIAL EXCEPTION CATEGORY TO THE RD-6000 DISTRICT
WHICH ALLOWS THE USE OF RECORD STORAGE FACILITIES FOR
CHUCHES AND SCHOOLS WITHIN 200 FEET OF SUCH APPROVED
CHURCH OR SCHOOL; PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That Chapter 28, Zoning; Article 4, District Regulations, Section
4.20 - Application of Regulations — Schedule of Use Regulations, of the Code of
Ordinances of the City of Dania, be and the same is hereby amended by adding a
Special Exception Use to the RD-6000 District Regulations which shall read as follows:
5. Record storage facility for a church or school when the site is within two
hundred (200) feet of the approved church or school and further that any
structure built and/or utilized under this provision maintains the residential
appearance of the zoning district.
Section 2. That except as herein amended, all other provisions of said Article
4 of Chapter 28 of the Code of Ordinances of the City of Dania, Florida, as amended,
shall remain in full force and effect.
Section 3. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict herewith be and the same are hereby repealed to the
extent of such conflict.
Section 4. That this ordinance shall be in force and take effect immediately
upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the day of , 1997.
PASSED and ADOPTED on Second and Final Reading on the day of
1997.
Mayor Commissioner
Robert Mikes
ATTEST:
City Clerk—Auditor
Marie Jabalee
APPROVED AS TO FORM AND CORRECTNESS
By:
City Attorney
Timothy M. Ryan
ORDINANCE NO.
2
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CITY OF DANIA
NOTICE OF PUBLIC NEARING
DANIA CITY COMMISSION
NOTICE OF CHANGE TO ZONING CODE TEXT
The City of Dania,Fonda propoaec to adopt the follovnrg ordinance.q up DRY leeadng on
the proposetl ordinance will De held by the Dania City Commission on Tuestlay,November
25,'"1 and December 9,1997 an or atlor 7:3C p.m.In the City Commission room of Dena
City Hall,IOU West Dania Beech Blvd.,Dania,FL The title of the Proposed ordinance which
encompasses the proposed changes is:
AN ORDINANCE OF THE CRY OF DANIA,FLORIDA,AMENDING CHAPTER
28,ZONING;ARTICLE a,DISTRICT REGULATIONS,SECTION 4,20•APPLI•
CATION OF REGULATIONS,OF THE CODE OF ORDINANCES OF THE CITY
OF DANIA, ,ORIDA,BY ADDING A SPECIAL EXCEPTION CATEGORY TO
THE RDGWO DISTRICT WHICH ALLOWS THE USE OF RECORD STORAGE
FEET OF SUCH
APPROVED CHURCH OR SCHOOL;ITIES FOR CHURCHES AND SCHOOLS
ROVIDING THAT AL ALL
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RES-
OLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT;NO PROVIDING FOR AN EFFECTNE DATE.
CITY Dr DANIA f
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Copies of the propaaad ordinance am available for viewing arc purchase at the office of me
52Clerk,lOD West Dania Beach Blvd.,Dania,Florida bewreen the houro of 8:00 a.m.and
0110 P.m.,Monday-Friday.
Interested parties ni appear at the public hearing and be heard with respect to the
Proposed ordinance.
Any person who decides to appeal arty ma
de ade by the Dania City Commission wml
regard to my tnaner considered at Nu Ming or hearing wit need a record of the
Proceedings and for such purpose may now to ensure that a verbatim record of the
Proceedings is made,which record Includes the testimony and evidence upon which the
appeal h to based.
Terry Vine,AICP
Growth Manegement Director
w'Y1,l>•,.4) 4N-�4 MNMIW'�I OI T41L Illr�/r OO:wrl ,+rV lI„�,+1 NWnM
♦. y
27
1 the area and I haven' t talked to anybody that is really
2 opposed to AMO, it putting up a better building and nicer
3 looking building. They're scared of the commercial
4 zoning. That' s what they' re afraid of.
5 And I'm hearing also AMO doesn' t want the commercial
6 zoning. The people don' t want the commercial zoning.
7 It' s the city that' s making them get the commercial zoning
8 in order to put up a better structure and rip down those
9 old structures . So I think we' re all on the same page, we
10 just got to figure out how to get it done without having
11 commercial zoning. That' s what I think the bottom line
12 is .
13 MAYOR MIKES : Yeah. I think there' s a bigger problem
14 here, which is basically a facility that started out small
15 and is coming in there bigger and bigger and bigger. And
16 I understand what they' re doing to a lot of small homes,
17 but you wonder how long before they' re going to have to do
18 with this more homes . I mean, those two buildings that we
19 saw up there don' t look like anything that belongs in a
20 residential neighborhood. Both the before and after look
21 a bit too much. I agree. The maintenance on these
22 buildings .
23 But I guess a lot of people in the community -- and I
24 would have to agree with them, buying up shopping centers,
25 buying up this, buying up that, is, you know, where's it
MARSHA BRANNON & ASSOCIATES (954) 525-4115
28
1 Fand
going. And I think we need to sit down in a workshop
2really discuss this, because it' s not an incremental.
3 purchasing of property. We're talking a big piece of a
4 section of town. And on another item, which some people
5 say -- some people are upset that they' re paying taxes to
6 police services and other services that these people are
7 exempt from paying.
8 I ' ll give you an example. I heard that the Thunderbird
9 Motel, which was a assessed 200, 000 . 00 , was sold for
10 8, 000, has now gone on the tax roll at effectively zero.
11 That' s good for someone, but someone has got to pay those
12 taxes, which means the other people in the city have to
13 pay the service fees for the police and everything else to
14 keep all this going.
15 MR. MERRIKEN: I take exception with some of what you' re
16 saying. We have never bought up a shopping center. We
17 haven' t bought anything in three years. The last thing we
18 bought was a single family residence three years ago.
19 Someone here on this board accused us of wanting to buy
20 the Pier 1 Imports building. We never made any inquiries
21 into the Pier 1 .
22 MAYOR MIKES : What about the bank building?
23 MR. MERRIKEN: The bank building was probably, I think,
24 10 years ago. I'm telling you that we haven' t bought any
25 property in three years . We haven' t made any inquiries to
MARSHA BRANNON & ASSOCIATES (954) 525-4115
55
1 complex. These buildings that are outside of the
2 periphery will store pipe fittings, electrical fittings,
3 things that we use in everyday maintenance and upkeep of
4 the facility that we need to be able to get at without
5 going a long distance.
6 MAYOR MIKES : Okay. Let me raise one other concern that
7 I've heard over the years is the concern is if the
8 neighborhood -- the homes are nice, but one of the
9 problems are, if they feel there' s pressure and there' s
10 been pressure from this Commission to rezone that whole
11 area, the way they would do it would mean some of the area
12 would go in decline. The way I see it, it would benefit.
13 And they feel that your use of that property starting to
14 bring a lot of traffic in there, whatever is starting to
15 make a corridor that could logically be pushed by
16 Commissioners in the future for rezoning into a use maybe
17 commercial, maybe whatever, I can understand, you know,
18 the initial use and your initial position over there. But.
19 the problem is, you' re continually expanding that . You're
20 basically going to have a facility that the neighbors want
21 to know, you know, is my house next or is my street next .
22 And some of them I've heard in the past, as long as you
23 pay me enough money. But I'm also sensitive up here that
24 we would like to make maintain a sense of community up
25 here in the city. We're a small city.
MARSHA BRANNON & ASSOCIATES (954) 525-4115
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1 for? The restaurant on the corner.
2 MR. MERRIKEN: It' s basically office space right now.
3 MAYOR MIKES: Wait a minute . So that would have the
4 appropriate zoning?
5 MR. MERRIKEN: Except that' s office space.
6 MR. CROCKETT: What about the lot out back?
7 MAYOR MIKES: All right . Next hearing, bring your
8 neighbors. All these questions will be answered, I
9 guarantee you. This didn' t have to be a public hearing.
10 We did open it up for a public hearing and I think the
11 gentleman has got some input from the community and
12 hopefully, he's going to come back next time with some
13 items to try to work this out a little better.
14 I have a problem with stepping into more zoning. I n
15 agree with the Vice-Mayor and I am always concerned that,;
16 this is going to start to require, even though as they buy
17 homes, they're going to need more and more commercial
18 property in there. And I used to hear complaints some
19 years ago about the garbage trucks, the commercial
20 deliveries and whatever. Now we have that ordinarily in
21 certain areas of the city, but usually
, we have
22 appropriate buffer zones in place between those. And what
23 has happened here is, we started out with a small
24 facility, it' s gotten bigger and bigger and I guess, you
25 know, at different points in expansion, it started to
MARSHA BRANNON & ASSOCIATES (954) 525-4115
63
1 intrude Fon its neighbors . And we have a certain problem
2 with our land use plan.
3 Also, if we're going to keep this area viable as a
4 residential area, then we need to know how far they're
5 V going. And that's always been something because I hear
6 that he' s not buying that shopping center. Because we had
7 heard that they were buying another shopping center and
PP � g
8 the problem is . I think 80 percent of my -- am I
9 correct? Like, 80 percent of your value is off the tax
10 rolls .
11 MR. MERRIKEN: I don' t have the figure . I can bring
12 that figure up.
13 MAYOR MIKES : Because a few years ago, I asked Marie to
14 check it and I believe that was the figure a few years
15 ago. And that is a concern to the general public and
16 causes some animosity, because even though
g you provide
17 security services, some members of the general
g public feel
18 that they're paying your freight on their police and fire
19 services, and I can understand that when you y got millions
20 and millions of dollars off the tax rolls .
21 So I'm going to ask for a roll call vote .
22 I need an opinion from the City Attorney, because we
23 have a City Commissioner whose spouse works for them. Can
24 that gentleman vote on this?
25 MR. RYAN: I've prepared a memorandum and submitted it
MARSHA BRANNON & ASSOCIATES (954) 525-4115
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Dee 04 97 09: 27a GROWTH MANAGEMENT DEPT. (954) 9222667 P. 1
11.1 Mayor Mikes
Mayor Mikes advised that Dr. Rickenbacker passed away recently at the
age of 96 and that he was well known in the community.
Mayor Mikes expressed his opinion that documents prepared from the City
Attorney's Office should be copied to the City Manager. Commissioner
Hyde mentioned that there is a difference between day to day
correspondence, but anything relating to opinions should be copied to the
City Manager and City Commission.
City Manager Smith advised that the Melaleuca Gardens Buffer project is
going to cost over $211,000 according to a letter received from George
Spofford, Broward County Aviation Division. He encouraged input from
the City Commission.
Mayor Mikes mentioned that a policy was clearly established to stop
employees from being involved with installing improved water utility lines
and that citizens are not being notified in advance on the hookup charge.
Mayor Mikes expressed concern that the City is losing tax dollars from the
American Marine Officers School. He requested to workshop the
possibility of the school purchasing another shopping center and the need
to address service fees.
Mayor Mikes commended staff for following code requirements and
expressed the need to address the issue of amending site plans without
going through the Planning & Zoning Board. City Manager Smith advised
that a major review of City's development regulations needs to be
conducted in an effort to streamline the process.
The meeting adjourned at 11:00 p.m.
MAYOR-COMMISSIONER
CITY CLERK-AUDITOR
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C olry W DAIINIA
Date: 12-03-97 Agenda Item#:
Title:
AMO MEBA REZONING ORDINANCE -RZ-30-97
Requested Action:
2110 READING (PUBLIC HEARING) OF ORDINANCE REZONING 3 PARCELS OWNED BY
AMO PLANS
Summary Explanation&Background:
THIS IS THE PUBLIC HEARING OF AN ORDINANCE RELATING TO A PETITION TO REZONE
3 PARCELS LOCATED AT A)218.214 &210 SW 9T"ST; B) 210 SW 8T" ST., 778-790 SW 2No
AVE. (FROM RD6000 TO C-2)AND C) 17-23 SW 7T"ST. (FROM RD6000 TO C-3),
SUBMITTED BY DAVID MERRIKEN REPRESENTATIVE OF AMO PLANS 2 WEST DIXIE
HWY., USING THE 20% LAND USE FLEXIBILITY RULE.
Exhibits (List):
ORDINANCE
APPLICATION
LOCATION MAP
MEMORANDUM FROM TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
Prepared By:
Terry L. Virta, AICP-Growth Management Director
Recommended for Approval By:
Planning and Zoning Board ON DECEMBER 1, 1997 RECOMMENDED TO APPROVE THE
ZONING CHANGE FOR PARCEL C)-(RD6000 TO C-3); AND RECOMMEDED DENIAL OF
PARCELS A)& B)-(RD6000 TO C-2).
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
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City Manager City Clerk
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MEMORANDUM
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TO: Michael Smith
City Manager
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FROM: Terry L. Virta, AICP
Growth Management Director
RE: RZ-30-97-AMO Meba Rezoning
Date: November 14, 1997 (Updated December 2, 1997)
i
This rezoning request was scheduled and heard for First Reading by the City
Commission at their November 25, 1997 Meeting. The Planning and Zoning Board
continued this matter to their November 19, 1997 Meeting. They completed their
Hearing at their December 1, 1997 Special Meeting.
The American Maritime Officers training facility is requesting three separate
rezonings which are all related to and part of their current site. The requests are
necessary for improvements to be made within their facilities. These sites can be
rezoned to commercial while the Comprehensive Plan land use is residential through
the use of flex provisions. The following review will address each of the specific sites
requested for rezoning.
A. This request is to rezone .514 acres from Rd-6000 to C-2. These properties
are located in the northwest corner of S.W. 9t" Street and S.W. 2A Avenue. It
is currently developed residentially and the long-range plans are to keep that
development. The A.M.O. would like to replace an existing accessory storage
structure that is structurally unsound. They propose to build a two story
storage warehouse where the present structure currently sits. Because this
new structure would be used for non-residential purposes it would not be
accessory to the existing house thus creating the need for the rezoning. The
structure would be located on the rear of the property and obtaining access
from the alley it would have minimal impact on existing development.
B. This request is to rezone .457 acres from RD-6000 to C-2. This site is located
at the N.W. corner of S.W. 8th Street and S.W. 2nd Avenue. This site is also
currently developed residentially and the long range plans are to maintain that
use. As in the case of the previous property the rezoning is necessary to
allow the A.M.O. to make improvements. They are proposing to add a
second story to an existing accessory building. The use would change due to
the nature of the storage and the building would no longer be considered as
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RZ-30-97—AMO Meba Rezoning
accessory to the existing residence. This structure is also located at the rear
of the property and achieves it's access from the alley. As a result this
change would result in minimal impacts upon existing development in the
immediate area.
C. This third request is to rezone .244 acres from RD-6000 to C-3. This property
is actually the very rear portions of existing residential development that fronts
on S.W. 7`h Street located between Federal Highway and S.W. 2nd Avenue.
The properties fronting on S.W. 7th Street are owned by A.M.O. They plan to
maintain the residential character along this street. Again the purpose of this
rezoning request is to allow for the construction of second floor storage for the
A.M.O. The site is surrounded by properties owned and utilized by the
A.M.O. and this change should not have any impact upon any other uses in
the area.
The Planning and Zoning Board is recommending that the City Commission take the
following actions:
A. The request to rezone .514 acres from Rd-6000 to C-2 which are the
properties located in the northwest corner of S.W. 91h Street and S.W. 2Id
Avenue be denied.
B. The request to rezone .457 acres from RD-6000 to C-2 which are the
properties located at the N.W. corner of S.W. 8th Street and S.W. 2nd Avenue
be denied.
C. The third request to rezone .244 acres from RD-6000 to C-3 which is the
property located at the very rear portions of existing residential development
that fronts on S.W. 7th Street located between Federal Highway and S.W. 2nd
Avenue be approved.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA REZONING THE
FOLLOWING DESCRIBED LANDS TO-WIT: LOTS 9 THROUGH 12, BLOCK 3
OF "WOODHAVEN AMENDED" ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 10, PAGE 56, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA; ALONG WITH, LOTS 11, 12 AND 13, BLOCK
4 OF "AMENDED PLAT WOODHAVEN" AS RECORDED IN PLAT BOOK 10,
PAGE 56, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
FROM RD-6000 RESIDENTIAL TO C-2 COMMERCIAL ZONING DISTRICT;
AND, THE SOUTH 50 FEET OF LOTS 5 AND 6, THE SOUTH 50 FEET AND
THE EAST 23 FEET OF LOT 7, BLOCK 3, OF "DANIA HEIGHTS EXTENSION",
AS RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, FROM RD-6000 RESIDENTIAL TO C-3
COMMERCIAL ZONING DISTRICT, UNDER THE PROVISIONS OF
ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS AMENDED;
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That the following described lands situate, lying and being in
Broward County, Florida, to-wit:
LOTS 9 THROUGH 12, BLOCK 3 OF "WOODHAVEN AMENDED"ACCORDING
TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 10, PAGE 56, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; ALONG WITH, LOTS
11, 12 AND 13, BLOCK 4 OF "AMENDED PLAT WOODHAVEN" AS
RECORDED IN PLAT BOOK 10, PAGE 56, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA;
be and the same is hereby rezoned from present zoning classification to a C-2
commercial zoning classification as defined in Ordinance No. 100 of the City of Dania,
Florida, as amended; and
Section 2. That the following described lands situate, lying and being in
Broward County, Florida, to-wit:
THE SOUTH 50 FEET OF LOTS 5 AND 6, THE SOUTH 50 FEET AND THE
EAST 23 FEET OF LOT 7, BLOCK 3, OF "DANIA HEIGHTS EXTENSION", AS
ORDINANCE NO.
r
RECORDED IN PLAT BOOK 5, PAGE 19, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA.
be and the same is hereby rezoned from present zoning classification to a C-3
commercial zoning classification as defined in Ordinance No. 100 of the City of Dania,
Florida, as amended.
Section 3. That all ordinances or parts of ordinances and all resolutions or
parts of resolutions in conflict herewith be and the same are hereby repealed to the
extent of such conflict.
Section 4. That this ordinance shall be in force and take effect immediately
upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the day of 1997.
PASSED and ADOPTED on Second and Final Reading on the day of 1997.
MAYOR-COMMISSIONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED FOR FORM AND CORRECTNESS:
BY:
TIM RYAN, CITY ATTORNEY
ORDINANCE NO.
I
CITY OF DANIA GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W.DANIA BEACH BLVD.
DANIA, FL 33004
PETITION FOR REZONING DATE: /D_ 7 PETITION RZ- D-®r�7 /
TO CITY OF DANIA PLANNING AND ZONING BOARD AND DANIA CITY COMMISS10%,
REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY:
PETITIONER:Q�U//7 ��p /l 'n� �l7rnl) pi yni c
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#) See actsshea
1A,1B,1C, and Survey by Berry & Calvin, inc. ,dated 8-20-92
GENERAL LOCATION OF SUBJECT PROPERTY: booth of s.w. 7t St., wort or .,c•.
PRESENTZONING: RD-6000REQUES
ect ^f rr s I _
REASONS&JUSTIFICATION FOR REQUESTED REZONING:TED ZONING: c-2 & c-3
To con
�is eci t AMO eo ert to h1ve compatible zoninr so improvements c
accom is ea that are t n vio ation o the Dresen zonin'a. The exist:^.
is zoned that is contiguous to the property identified in this pet:-•
(Note: If more than one zoning classification is requested, please attach complete legal descripticn
each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA CITY COMMISSION
Sworn to and subscribed before me
this--ZA� _ day of eCL,o be r t 9 c?7 Signature of Petitioner
Notary Public State of(1=iario a- a
Printed Na a of Nqta ) -I2LYN�N in✓ �.�
&JAJ NP Gy,,y R SO � 644841 Street Address, City State&Zip
Commission Expires ,O� 801
Seel: ..INC. Sr/lil - n__y�1x�D_ i_ so-
Telephone Number
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE
FOLLOWING:
This is to certify that I am the owner of subject lands described bove in the PETITI
REZONING and that I have authorized ad ON FC
PETITION FOR REZONING. UiD— - '� `O make and file the aforesa
Sworn to and subscribed before me
this 3a�_ day of Sa 19 7 Signature of Petitioner
Notary Hut e of( FX°EiJA )
Printed Name of Notary 0;
NOTARY PUBLIC.STATE OFFLORIDA Street Address. amity State&Zip ti1r11�R0Al0Al
Commission Expires
seal: -- mmue,onHo CC•• �9Sr/1 Y omm iazze
Y ommnfan pyM
Mar.I&iquo
Telephone Number
(DEPARTMENT USE ONLY.DO NOT WRITE BELOW THIS LINE)
ACCEPTED BY:
Filing Fee: $275.00 for the first acre or fraction thereof.
Plus$27.50 per acre for each additional or fraction therec
Check off list: Plus Advertising costs.
Sealed Survey Plat Name(if applicable)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION. .o((] �/ /yam
Signa- tore oc p' L LI er
Sworn to and subscribed before me this ISf day of 0�6
— �19 941
/
�--7/� Ffy ANN M.OVIMCPI
Notary Public Commission �; AmeeF.lutra
0F; Anwric50N00gCO..MC
FOR USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FO AUTHORIZED VARIANCE AND THAT I HAVE
1fy y�Q rnt=/Z ��_. TO MAKE AND FILE THE
AFORESAID PETITION FOR VARIANCE.
S gnat Ef1FIIJIN Rt tnrtE piMCERS A�
1 WEST DI%IE HIGHWAY Sp�yp,�y
DANIA FL 0A 33004
street A ress, City, ,tale a Zap
96 5;e,61�4 9-T --5
Telephone CC f.
Swornd subscribed before me this ,rtf�day of eta
_�192 7
No tar Public NC►"Yyusrtr eTATEOFFission Expires:
Y Ja1#Gary Brantnow
Cammnfmn No:CC-353226
MY GOmmISS10n Exouaa
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans
Sketches
Survey —�
Fee_
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
r
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NOTICE OF PUBLIC HEARING BEFORE
THE PLANNING AND ZONING BOARD AND
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
REZONING
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board, on December 1. 1997
at 7:30 P.M. and the City Commission of the City of Dania. Florida on. December 9,
1997, at 7:30 P.M., or as soon thereafter as the matter may be heard, will conduct a public hearing
in the City Commission Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard,
Dania, Florida, to consider the following proposed rezoning request.
RZ-30-97 - The request of David Merriken as representative for American Maritime Officers Plans
(AMO Plans) for rezoning requests for properties generally located South of SW 71h Street, North of
Dixie Highway and West of U.S. 1 East of the FEC Railroad Tracks. The request is to rezone the
following legally described properties, using the 20% land use flexibility rule.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING BOARD AND THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
r
( U AN UNNN NGHAM, ADMIN. ASST.
MAILED Wednesday, December 03, 1997
THIS NOTICE SUPERCEEDS ALL PREVIOUS NOTICES...
FOR MORE INFORMATION, PLEASE CALL LOU ANN CUNNINGHAM
AT (954) 921-8700 X262
! NOTICE OF PUBLIC HEARING BEFORE
' THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
REZONING
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board, on October 15, 1997 at 7:30 P.M.
and the City Commission of the City of Dania, Florida on, November 25, 1997, at 7:30 P.M., or as
soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission
Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider
the following proposed variance request.
RZ-30-97 - The request of David Merriken as representative for American Maritime Officers Plans
(AMO Plans) for rezoning requests for properties generally located South of SW 71h Street, North of
Dixie Highway and West of U.S. 1 East of the FEC Rail Road Tracks. The request is to rezone the
following legally described properties
A) Addresses: 218, 214, 210 SW 9`h St. Request to Rezone from RD-6000 to C-2. f .514
Acres. Legal Description: Lots 9 through 12, Block 3 of"Wood Haven Amended" according
to the Plat thereof, Recorded in Plat Book 10, Page 56, of the Public Records of Broward
County, Florida.
B) Addresses: 210 SW 81h St., 778 — 790 SW 2nd Ave. Request to Rezone from RD-6000 to C-2.
f .457 Acres. Legal Description: Lots 11, 12 & 13, Block 4 of "Amended Plat Wood Haven"
as recorded in Plat Book 10, Page 56, of the Public Records of Broward County, Florida.
C) Addresses: 17-23 SW 71h St. Request to Rezone from RD-6000 to C-3. t .244Acres.
Legal Description: The South 50 feet of Lots 5 and 6, the south 50 feet and the east 23 feet
of Lot 7, Block 3, of "Dania Heights Extension", as recorded in Plat Book 5, Page 19, of the
Public Records of Broward County, Florida.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING BOARD AND THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHIC THE APPE IS TO BE BASED.
.L^ L
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Date: 12-3-97 Agenda Item#:
j Title:
"ANGLERS OFFICE PLAT"ORDINANCE- PL-32-97
Requested Action:
2ND READING (PUBLIC HEARING) OF ORDINANCE PLATTING PROPERTY AT
5555 WEST RAVENSWOOD ROAD
Summary Explanation & Background:
PLAT APPROVAL REQUEST BY DAVID H. RUSH FOR 3.329 ACRES OF PROPERTY
LOCATED AT 5555 WEST ANGLERS AVE. (RAVENSWOOD RD.) THE SITE IS CURRENTLY
OCCUPIED BY THE SOUTH FLORIDA RAQUETBALL CLUB.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA,AICP—GROWTH MANAGEMENT DIRECTOR
ORDINANCE
APPLICATION
LOCATION MAP
Prepared By:
TERRY L. VIRTA, AICP—GROWTH MANAGEMENT DIRECTOR
Recommended for Approval By:
Planning and Zoning Board December 1,1997
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
i
y �
Z
tllti _ MEMORANDUM
I
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP L_
Growth Management Direct
RE: PI-32-97-Anglers Plat
Date: December 2, 1997
The City Commission is scheduled to hear this matter on Second Reading at
their December 9, 1997 Meeting. This item was heard by the Planning and Zoning
Board at their December 1, 1997 Meeting. They are recommending that the City
Commission approve the submitted plat.
The site is currently occupied by a racquetball facility. The applicant intends to
demolish this present use and replace it with an office building of about 43,000 square
feet. The site had not been previously platted, so this effort is the first step in
redeveloping the site.
The plat is straight forward in that it is a single lot with a set aside of forty feet for
Anglers Road right of way. Staff does not see any problem in the approval of this
requested plat. The recommendation is that the City Commission Approve "Anglers
Office Park" Plat.
i
3
i
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE "ANGLERS OFFICE PARK" PLAT, SAME BEING: THE SOUTH
231.40 FEET OF TRACT 3, BLOCK 4, SECTION 32, TOWNSHIP 50
SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF,
RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, LESS THE EAST 40 FEET, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID BLOCK 4; THENCE DUE NORTH
ALONG THE EAST LINE OF SAID BLOCK 4, FOR A DISTANCE OF
1333.68 FEET; THENCE SOUTH 89048'48" WEST, FOR A DISTANCE
OF 40 FEET TO THE POINT OF BEGINNING; THENCE DUE NORTH
ALONG A LINE 40 FEET, WEST OF AND PARALLEL TO THE EAST
LINE OF SAID BLOCK 4, FOR A DISTANCE OF 231.40 FEET;
THENCE SOUTH 89048'48" WEST, FOR A DISTANCE OF 626.36
FEET TO A POINT ON THE WEST LINE OF SAID TRACT 3; THENCE
SOUTH 0006'48" WEST, ALONG SAID WEST LINE, FOR A DISTANCE
OF 231.40 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 3;
THENCE NORTH 89048'48" EAST, ALONG THE SOUTH LINE OF
SAID TRACT 3, FOR A DISTANCE OF 626.77 FEET TO THE POINT
OF BEGINNING. SAID LAND SITUATE, LYING AND BEING IN
BROWARD OCUNTY, FLORIDA, AND CONTAINING 3.3284 ACRES
MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC
USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON
SAID PLAT OF "ANGLERS OFFICE PARK" PLAT; PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA:
Section 1. That the Plat of"ANGLERS OFFICE PARK", same being:
THE SOUTH 231.40 FEET OF TRACT 3, BLOCK 4, SECTION 32, TOWNSHIP 50
SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN
PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, LESS THE EAST 40 FEET, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID BLOCK 4;
THENCE DUE NORTH ALONG THE EAST LINE OF SAID BLOCK 4, FOR A
DISTANCE OF 1333.68 FEET; THENCE SOUTH 89°48'48" WEST, FOR A
DISTANCE OF 40 FEET TO THE POINT OF BEGINNING; THENCE DUE NORTH
ALONG A LINE 40 FEET, WEST OF AND PARALLEL TO THE EAST LINE OF SAID
BLOCK 4, FOR A DISTANCE OF 231.40 FEET; THENCE SOUTH 89°48'48" WEST,
Ordinance No.
1 \
FOR A DISTANCE OF 626.36 FEET TO A POINT ON THE WEST LINE OF SAID
TRACT 3; THENCE SOUTH 0006'48" WEST, ALONG SAID WEST LINE, FOR A
DISTANCE OF 231.40 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 3;
THENCE NORTH 89048'48" EAST, ALONG THE SOUTH LINE OF SAID TRACT 3,
FOR A DISTANCE OF 626.77 FEET TO THE POINT OF BEGINNING. SAID LAND
SITUATE, LYING AND BEING IN BROWARD OCUNTY, FLORIDA, AND
CONTAINING 3.3284 ACRES MORE OR LESS.
is hereby accepted and approved. With respect thereto, the City of Dania consents and
agrees that such plat may be recorded in the Public Records of Broward County, Florida,
upon further approval of all agencies of Broward County, Florida, having jurisdiction in the
matter.
Section 2. That the dedication for public use of all streets, highways and alleys, as
shown on the plat of said "ANGLERS OFFICE PARK", is hereby accepted by the City of
Dania, Florida.
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict herewith be and the same are hereby repealed to the extent of such
conflict.
Section 4. That this ordinance shall be in force and take effect immediately upon its
final passage and adoption.
PASSED and ADOPTED on First Reading on this day of 1997.
PASSED and ADOPTED on Second and Final Reading on the day of 1997.
ATTEST:
MAYOR - COMMISSIONER
CITY CLERK -AUDITOR
APPROVED AS TO FORM & CORRECTNESS
BY:
TIM RYAN, CITY ATTORNEY
2 Ordinance No.
I
<.. .... ... ..... ..� .. .... ..�. . . ..... .. ------ i.. .
CITY OF DANIA GROWTH MANAGEMENT DEPT.
PLANNING AND ZONING DIVISION
100 W. DANIA BEACH BLVD.
DANIA, FL 33004
PETITION FOR PLAT APPROVAL
DATE: q=aWr 6. 1g L PETITION PL-
TO CITY OF DANIA PLANNING AND ZONING BOARD AND DANIA CITY COMMISSION, A PLAT
APPROVAL OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY:
PETITIONER: David H. [rush
LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO#)Sb-4Z-3 Z-a I - U 7G I
GENERAL LOCATION OF SUBJECT PROPERTY: 5555 Ravenswood Road, Dania, Florida
PRESENT ZONING: 1nd/M-1 REASONS&JUSTIFICATION FOR REQUESTED PLATTING:
(Note: If more than one zoning classification is requested, please attach complete legal description of
each zoning classification requested.)
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA CITY COMMISSION
Sworn to and subscribed before me Sign re of PtAitioner
this dayof hcb-Io- . 194�
i5avid x.
Notary Public State of( F c L d ) go BAN V%f119 Lg r).- T M*94-F 333!c
Printed Name of Notary Street Address, City Stat &Zip
Commission Expires 44. +wmEWTAg C (N19S5� 735 -735�0 C?FF��1S�f hrTJ �ySO
Seal: # * E,,,.E,,,7.,M Telephone Number
�ij1 r %a Ur W 1
MNZ 000Ji].1916
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE FILL THE
FOLLOWING:
This Is to certify that I am the owner of subject lands described above in the PETITION FOR PLAT
APPROVAL and that I have authorized to make and file the aforesaid
PETITION FOR PLAT APPROVAL.
Sworn to and subscribed before me Signature of Petitioner
this day of 19
Notary Public State of( )
Printed Name of Notary Street Address, City State&Zip
Commission Expires
Seal: Telephone Number
(DEPARTMENT USE ONLY - DO NOT WRITE BELOW THIS LINE)
ACCEPTED BY: FILING 55.00 PLUS$ 7.50 PER ACR
Checkoff list:
Plus Advertising costs. ar�
✓ i
Sealed Survey Plat V Related petltlon(s)(If applicable)
*PLAT BOOK PAGE
SHEET 1 OF 2 SHEETS
JTY, FLORIDA
FLORIDA
L---J L
RAVENSWOOO
COMMERCE CENTFR
TH/ PLA T (129-45)
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(28-9) <
STIRLING ROAD
LOCATION MAP
NOT TO SCALE
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ASQUET PORN
CITY OP DANIA
Date: 11-17-97 Agenda Item#:
Title:
VA-31-97 VARIANCE REQUEST BY MARIO DUCAS 140 SE 2ND CT., DANIA
Requested Action:
PUBLIC HEARING FOR VARIANCE FROM SET BACK REQUIREMENTS
Summary Explanation & Background:
REQUEST BY MARIO DUCAS FROM SIDE YARD SET BACK OF 3 FEET AND REAR YARD
SET BACK OF 7 FEET DUE TO THE CONSTRUCTION OF AN EXISTING SHED. THE CODE
OF ORDINANCES CALLS FOR A 10 FOOT SET BACK ON BOTH SIDE AND REAR YARD.
Exhibits (List):
MEMORANDUM FROM TERRY L. VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE
APPLICATION
LOCATION MAP
Purchasing Approval:
Prepared By:
TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
DENIED BY PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
r
MEMORANDUM
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP� //�--
Growth Management Dire r
RE: VA-31-97-Variance Request for Mario Ducas (shed)
Date: November 14, 1997
This item is scheduled to be heard by the City Commission at their November 25,
1997 Meeting. The applicant is requesting a side yard setback of 3 feet and a rear yard
setback of 7 feet. The Zoning Ordinance requires accessory structures to have a
setback in both cases of 10 feet. The applicant indicates that in 1993 he replaced an
existing structure with the one that is currently in place. The work was done with out the
benefit of a building permit so that setbacks were not verified at the time of construction.
Staff reported to the Planning and Zoning Board that in reviewing the petition
they could not find any substantive justification to support the request for the variance
other than the structure already exists in that location. The applicant provided evidence
that there are numerous similar structures in the area that do not meet set back
requirements. Unfortunately, that evidence in itself does not support the argument for
hardship. Staff has as a result of its review found the following:
1. That there are not special conditions and circumstances that exist that are
peculiar to this site, in fact the applicant has argued that the location is
convenient for his needs;
2. There do not appear to be special circumstances or conditions except those
that are the result of the applicant, except that an existing structure was
replaced in the same location.;
3. The granting of the variance would not grant any right upon the applicant that
is not enjoyed by other properties in the same zoning district;
4. If the variance was not approved, the applicant could still have an accessory
storage shed and meet the set back requirements so he would not be denied
any privilege enjoyed by other properties in the district;;
5. The building can be located so that it meets set backs, so the request is not
the minimum required to accommodate the use;
6. If approved, the building would be located in a manner that is not possible for
other similar structures in the district;
RECOMMENDATION
The Planning and Zoning Board following their Public Hearing on this matter
recommend that the City Commission deny this request. They do not feel that there has
been adequate evidence of hardship presented. Staff also recommends that this
request be denied.
I
NOTICE OF PUBLIC HEARING BEFORE
THE PLANNING AND ZONING BOARD AND
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
VARIANCE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board on October 15, 1997 and the City
Commission of the City of Dania, Florida on, November 25, 1997, at 7:30 P.M. or as soon thereafter
as the matter may be heard, will conduct a public hearing in the City Commission Meeting Room of
the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider the following
proposed Ordinance.
Petition No.: VA-31-97 - The request of Mario Ducas for a variance from side and rear yard setback
requirements for an accessory building at 140 SE 2ntl Ct.. Section 5.44 (a)(1) of the zoning code
requires accessory structures to have 10' side and rear yard setbacks. The proposed shed is
approximately 3' from the side yard lot line and approximately 7' feet from the rear property line.
The legal description of the site is: Lots 19, 20 and the south 10' of 21, Block 4, in Mason
Subdivision according to the plat thereof recorded in Plat Book 14 at Page 19 'Y2, of the Public
Records of Broward County, Florida.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING BOARD OR THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
✓Low Ann Cunningham, AdministratT Asst.
Location
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CITY OF DANIA
100 {JEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
305/921-8700
• APPLICATION NUMBER '.'/) " n/' c 7 DATE FLED
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania,
Florida to consider the variance of the parcel(s) of land described in
this application.
NAME OF APPLICANT: Mario Duca❑
ADDRESS OF APPLICANT: 140 S.E. 2nd Ct. PHONE: 926-5980
PROPERTY INTEREST OF APPLICANT: Owner
:NAME AND ADDRESS OF PROPERTY OWNER ( IF NOT THE APPLICANT) :
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: 140 S.E. 2nd Ct.
Dania F1. 33004. Lot 19, 21 Block 4 Mason
ZONING CLASSIFICATION: LOT SIZE; AREA:
PRESENT USE: Single Family Home
DESCRIPTION OF THE VARIANCE(S) REQUESTED: Set back of shed
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT,
ATTORNEY, ECT. IF ANY) :
PLEASE COMPLETE THIS PORTION OF rHF. APPLICATION CAREFULLY. EACH
REQUEST FOR A VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO
ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City
Commission and Planning and Zoning Board consider if a variance will
not be contrary to the public interest where, owing conditions, a literal enforcement of to special
the zoning of the zoning code
will result in unnecessary and undue hardship.
1. Describe how special conditions and circumstances exist which are
peculiar to the land, structure nr building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district.
The rnagon for the necessity of a variance for my shed is
to enable me to 4nstall a pool in the near future.
It should
also be noted that a survey of the zoning district reveals that this
condition exists in similar circumstances. Also I have a three
year old son whom I like to toss the ball with, so I find it necessary
to have as much yard space as possible.
Y
Provide evidence that the special conditions and circumstances
uo not result from the actions of the applicant.
I replaced the shed with a new shed back in 1993 as the old shed
was deteriorating. The new shed was installed in the exact
same location.
3. Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code to other lands, buildings or structures in this same
zoning district.
I do not not see anv special privilage given of this requested
variance as this condition exists throughout the zoning district.
4. Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
.As described above this condition exists throughout the zoning
district. It would also let or deprive me im my selection of
a swimming pool in reference to sizes and shape.
5. Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
A ain as described above, maximum yard space is requested
as to provide for ample yard usage.
6. Explain how the grant of the variance(s) will be in harmony with
the general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area involved or other-
wise detrimental to the public welfare.
This condition is_not detrimental to the public welfare nor
is it injurious. -I also feel this variance will be in harmony
wLt<h zoning intent,
7. Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
It should be noted a ain that my Yard is fenced in and said
variance does not intef re with my adiacent
n eiahbor. The a added
set back orovides greater Privacy to my back vard from S.E. 2nd St.
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION.
Signature of Peibioner
Swo to and subscribed before me this �h/
/ �daY o "4.�(w 19 OJ7
1C t airy Public/ Commission Expires:
MY CMUSSM 0 0CS1 1997 EXPIRES
eOWm M,uiirw�wq,ut
ORDINANCE NO. I1-89
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING SECTION 10. 13 OF ARTICLE 10, CHAPTER
28 OF THE CODE OF ORDINANCES OF THE CITY OF
DANIA, FLORIDA, TO PROVIDE FOR A ONE (1) YEAR
LIMITATION ON VARIANCES FROM THE TERMS OF SAID
CHAPTER 28; AND PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That Section 10. 13 of Article 10, Chapter 28 of
the Code of Ordinances of the City of Dania, Florida, be and the
same is hereby amended to read as follows:
1110.13. VARIANCES. Authorize upon appeal such variance from
the terms of the chapter as will not be contrary to the public
interest where, owing to special conditions, a literal enforcement
of the provisions of this chapter will result in unnecessary and
undue hardship. In order to authorize any variance from the terms
of this chapter, the city commission must and shall find:
(a) That special conditions and circumstances exist which
are peculiar to the land, structure or building involved
and which are not applicable to other lands, structures
or buildings in the same zoning district;
(b) That the special conditions and circumstances do not
result from the actions of the applicant;
(c) That granting the variance requested will not confer on
the applicant any special privilege that is denied by
this chapter to other lands, buildings or structures in
this same zoning district;
(d) That literal interpretation of the provisions of this
chapter would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district
under the terms of. this chapter and would work
on and undue hardship on the applicant;
(e) That the variance granted is the minimum variance that
will make possible the reasonable use of the land,
building or structure.
(f) That the grant of the variance will be in harmony with
the general intent and purpose of this chapter, and that
such variance will not be injurious to the area involved
or otherwise detrimental to the public welfare.
In granting any variance, the city commission may prescribe
appropriate conditions and safeguards in conformity with this
chapter. Violation of such conditions and safeguards, when made a
part of the terms under which the variance is granted, shall be
deemed a violation of this chapter. The city commission may
prescribe a reasonable time Limit within which the action for
which the variance is required shall to begun or completed or
both; however, no time limit for same shall exceed one (1) year
Ordinance No. !1-89
y
from the date such variance is granted and approved by the city
Commission, unless said one (1) year limit is extended by the city
commission after a written application for such extension is filed
with the Building and Zoning Department by the affected party.
Under no circumstances, except as permitted above, shall the city
commission grant a variance to permit a use not generally or by
special exception permitted in the zoning district involved or any
use expressly or by implication prohibited by the terms of this
chapter in the zoning district. No nonconforming use of
neighboring lands, structures or buildings in the same zoning
district and no permitted use of lands, structures or buildings in
other zoning districts shall be considered grounds for the
authorization of a variance."
Section 2. That except as herein amended, all other
provisions of Section 10.13 of Article 10, Chapter 28 of the Code
of Ordinances of the City of Dania, Florida, shall remain in full
force and effect.
Section 3. That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 4. That this ordinance shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 10 day of
January , 1989.
PASSED and ADOPTED on Second and Final Reading on the
14 day of January 1989.
nAYO COMM SSION£R
ATTEST: ((//
CITY CLERK - AUDITOR —'
APPROVED AS TO FORM AND CORRECTNESS
VE
By = Z c 494--'
FRANK C. ADLER, City Attorney
-2-
y \\
�HDA MQui My Ohm
Date: 12-3-97 Agenda Item#: 1
I
Title:
VA-34-97-VARIANCE REQUEST BY DAVID MERRIKEN, AMO PLANS 900 SW 2 AVE
CONTINUED FROM 11/25/97 REGULAR COMMISSION MEETING
Requested Action:
PUBLIC HEARING FOR VARIANCE FROM HEIGHT REQUIREMENTS AT 900 SW 2NO AVE. BY
AMO PLANS
Summary Explanation & Background:
THE VARIANCE WOULD ALLOW THE CONSTRUCTION OF A 13'4" HIGH WALL TO
PROVIDE HEIGHTENED SECURITY AND TO ALLOW FOR THE PLACEMENT OF A SIGN.
THE CURENT HEIGHT THAT THEY ARE ALLOWED UNDER THE ZONING CODE IS SIX (6)
FOOT.
Exhibits (List):
MEMORANDUM BY TERRY L. VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
PUBLIC HEARING NOTICE & LOCATION MAP
VARIANCE APPLICATION
Prepared By:
TERRY VIRTA, AICP-GROWTH MANAGEMENT DIRECTOR
Recommended for Approval By:
PLANNING AND ZONING BOARD DECEMBER 1, 1997
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
I
a \
y \
MEMORANDUM
i
TO: Michael Smith, City Manager
FROM: Terry L. Virta, AICP
Growth Management Dir7(SiganandWall)
RE: VA-34-97 Height Varianc
Date: December 2, 1997
i
This is a request by the American Maritime Officers Association for a variance to
allow the construction of a wall 13' 4" to provide heightened security and to allow for the
placement of a sign. The location is that of a facility which was previously known as the
Thunderbird Motel. The property has been acquired by the AMO and is currently being
renovated. As a part of the renovation, the pool facilities are also being upgraded.
The applicant has argued that there is a high degree of destruction of property in
the area. They claim that the majority of the vandalism is from minors living in the
vicinity. They further claim that although they are often arrested, they are quickly
released and repeat their offenses upon the property.
The applicant also points out that they are a not for profit organization and that
they are not in competition with any merchants in the area. Therefore, the granting
them of the right to build the proposed sign would not give them any form of unfair
competitive advantage. It is also their opinion that the sign is aesthetically appealing
representing a marked improvement over previous construction.
They further argue that children find it easy to climb over the six-foot fence, thus
invading the pool area and other portions of the property. They feel that this posses a
serious security problem. They further point out that it creates a safety problem for the
trespassers. In the applicants opinion the variance is required for the following reasons:
1. Will reduce/prevent trespassing by neighborhood minors;
2. Will eliminate or greatly reduce vandalism;
3. A greater degree of privacy will be provided to the property; and,
4. The sign will be at a height, which while aesthetically pleasing will be high
enough to protect it from vandalism.
RECOMMENDATION
The applicant has offered significant argument to support his request. The Planning and
Zoning Board found at the conclusion of their public hearing that substantial evidence
had been provided to support this request. As a result, the Planning and Zoning Board
is recommending that the City Commission approve this request.
i
i
V
' I NOTICE OF PUBLIC HEARING BEFORE
THE CITY COMMISSION
OF THE CITY OF DANIA, FLORIDA
REGARDING THE FOLLOWING REQUESTED
VARIANCE
NOTICE IS HEREBY GIVEN that the Planning and Zoning Board, on December 1, 1997 at 7:30
P.M. and the City Commission of the City of Dania, Florida on, December 9, 1997, at 7:30 P.M., or as
soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission
Meeting Room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania, Florida, to consider
the following proposed variance request.
VA-34-97 - The request of David Merriken as representative for American Maritime Officers
Plans (AMO Plans) for a variance request for property located at 900 SW 2ND Ave.. The
request is for permission to construct a wall, with a sign, 13'4" high which would exceed the
maximum height limitation. Chapter 28, Article 5.36 states that "Walls, fences or hedges may
be located or constructed within the required yard areas and shall conform to the following
regulations: (a) Front yard. Walls, fences and/or hedges located between the front building line
and the street right-of-way line shall not exceed four (4) feet in height; and (b) Side and rear
yards. Walls, fences and/or hedges located between the side or rear building line and the side
or rear lot line shall not exceed six (6) feet in height. This includes the rear street yard of a
through lot and the required street side yard of a corner lot."
The property is legally described as: Lots 1 and 2, Block 1, and Lots 7 to 18 inclusive, Block 2, of
"Woodhaven", according to the amended plat thereof, recorded in Plat Book 10, Page 56, of the
public records of Broward County, Florida; and all that part of the East ''Y2 of the Southwest '% of the
Northeast '% of the Southwest % lying Northwesterly of the County Road (Old Dixie Highway) in
Section 3, Township 51 South, Range 42 East, Broward County, Florida; Less a 25 foot wide strip
lying Northwesterly of the centerline of Dixie Highway, as now located, said 25 foot wide strip being
bounded on the Southeast by said centerline and on the Northwest by a line 25 feet from and parallel
to said centerline for right-of-way purposes.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND
ZONING BOARD AND THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED
AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED.
UL
ANN CUNNINGHAM, ADMIN. ASST. Location Map on back
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( DANIA l AMEND�DllPg. n
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i
CITY OF DANIA
100 WEST DANIA BEACH BOULEVARD
DANIA, FLORIDA 33004
1 / 305/921-8700
APPLICATION NUMBER VA-3-2-97
DATE FILED �Q:2 -q7
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania,
Florida to consider the variance of the parcel(s) of land described in
this application.
NAME OF APPLICANT: David Merriken (AMO Plans)
ADDRESS OF APPLICANT: 2 West Dixie Hwy. , Dania, F1. 1-800-249-8200
PHONE: Fr*. 7601
Property is leased to the A1,1O Plans,
PROPERTY INTEREST OF APPLICANT;
--ZuUn1 i t rap t AM1'n P7
NAME AND ADDRESS OF PROPERTY OWNER (IF NOT THE APPLICANT) :
BUILDING CORPORATION OF FLORIDA , 2 West Dixie Hwv. , Dania, Fl. 33004
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY: See attached Survev
by Berry & Calvin, Inc. , dated 8-20-92.
ZONING CLASSIFICATION: C-2
LOT SI2E:See AREA;Survey.
PRESENT USE: Pool/Patio Area & Security Office
DESCRIPTION OF THE VARIANCE(S) REQUESTED: Permission to construct a Wall/
Sign that exceeds the maximum height lima a on as se
C itv of Dania. .See enclosed drawing(s) and rendering of wall. Y e
LIST THE NAMES AND ADDRESS OF ANY EXPERTS (PLANNER, .ARCHITECT,
ATTORNEY, ECT. IF ANY) :
David Zelch, Architect
Zelc an McMahon, Arc itects
17 N.E. 4th Street, Ft. Lauderdale, F1 33301 (954) 525-0975
PLEASE COMPLETE THIS PORTION OF THE APPLICATION CAREFULLY. EACH
ANY OTHER PROPERTY. MUST ST
REQUEST FOR A VARIANCE AND ON ITS OWN MERITS WITHOUT REGARD TO
The following questions pertain to the criteria upon Commission and Planning and Zoningwhich the City
Board
not be contrary to consider if a variance will
the public interest where, owing to special
conditions, a literal enforcement of the zoning of the zoning code
will result in unnecessary and undue hardship.
I. Describe how special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district.
See enclosed Exhibit Statement 1
2. Provide evidence that the special conditions and circumstances
do not result from the actions of the applicant.
See enclosed Exhibit Statement # 1
3. Describe how granting the requested variance(s) will not confer
any special privilege on the applicant that is denied by the
zoning code to other lands, buildings or structures in this same
zoning district.
See enclosed Exhibit Statement # 1
4. Provide evidence that the literal interpretaion of the provisions
of the zoning code would deprive the applicant of rights commonly
enjoyed by other properties in the same zoning district and would
work unnecessary and undue hardship on the applicant.
See enclosed Exhibit Statement # 1
5. Describe how the requested variance is the minimum variance that
will make possible the reasonable use of the land, building or
structure.
See enclosed Exhibit Statement # 1
6. Explain how the grant of the variance(s) will be in harmony with
the general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area involved or other-
wise detrimental to the public welfare.
See enclosed Exhibit Statement # 1
7. Please add any other comments which may assist the City Commission
and the Planning and Zoning Board in reviewing this request.
See enclosed Exhibit Statement # 1
NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF THE DANIA
CITY COMMISSION.
Signature o Pe it��ioner�� Gi
Sworn to and subscribed before me this01day of6 ,6_&L, 19
Commission Expires:
No ry P bl c
h"01 "F ER LYUx
Camm
C Fi0.dtN00
.O By Stl Nf
•� NO.CSOOYm00
rarvr�+..m.n I I Ow i o
FOB USE WHEN PETITIONER IS NOT OWNER OF SUBJECT PROPERTY:
THIS IS TO CERTIFY THAT I AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT
AUTHORIZED 7ELG'FI A I HAVE
H O HI`MA"L' Avr
AFORESAID PETITION FOR VARIANCE. NLI�Y-7`�TO MAKE AND FILE THE
Signature of Oon r
Street Address, Cit , at to 6 Zip
Telephone
Swo to and su cribed before me thisdJA Lday of
19�
.Lary Public
TO BE COMPLETED BY OFFICE STAFF ONLY
MATERIALS INCLUDED
Plans
Sketches
Survey
Fee_
List of Adjacent Property Owners
THIS FORM TO BE FILED WITH THE CITY OF DANIA'S GROWTH MANAGEMENT
DEPARTMENT.
ACCEPTED BY:
" EXHIBIT STATEMENT R 1
THERE IS A HIGH DEGREE OF DESTRUCTION OF PROPERTY IN THE
NEIGHBORHOOD. THE MAJORITY OF THE VANDALISM IS FROM
RESIDENTS CLASSIFIED AS MINORS BY THE SHERIFF'S DEPARTMENT.
THESE MINORS HAVE BEEN REPEATEDLY ARRESTED FOR DESTRUCTION OF
PROPERTY, BUT THEY ARE RELEASED AND CONTINUE TO DAMAGE AMO
PROPERTY.
THE AMERICAN MARITIME OFFICERS PLANS IS A NON PROFIT
ORGANIZATION WHICH DOES NOT COMPETE WITH OTHER BUSINESSES IN
THE COMMUNITY. THE SIGNAGE WOULD NOT GIVE US AN UNFAIR
COMMERCIAL ADVANTAGE. EXCEPT FOR THE TRAILER PARK AT THE S.E.
CORNER OF DIXIE HWY. AND S.W. 2ND AVE., AMO OWNS THE
SURROUNDING PROPERTY THAT IS CONTIGUOUS TO THE LOCATION OF
THE WALL/SIGN.
THE WALL / SIGN WILL BE AESTHETICALLY PLEASING AND A MARKED
IMPROVEMENT OVER THE PRIOR CONSTRUCTION.
CHILDREN CONTINUOUSLY CLIMB OVER THE SIX FOOT HIGH WALLS AND
INVADE THE POOL AREA AND OTHER AREAS OF OUR PROPERTY. THIS
PRESENTS A SECURITY PROBLEM FOR OUR MEMBERS AND OUR PROPERTY.
IT IS ALSO A SERIOUS SAFETY PROBLEM.
IN SUMMARY, A SIX FOOT HIGH WALL AT THIS LOCATION ON OUR
PROPERTY WOULD SERVE NO PURPOSE . THE WALL HEIGHT VARIANCE IS
REQUIRED FOR THE FOLLOWING REASONS.
1. TO REDUCE/PREVENT THE NEIGHBORHOOD MINORS
FROM ENTERING OUR PROPERTY.
2. TO REDUCE/ELIMINATE THE DESTRUCTION OF OUR
PROPERTY BY NEIGHBORHOOD MINORS.
3. TO PROVIDE MORE PRIVACY AND SECURITY FOR OUR
MEMBERS.
4. TO PROVIDE AN AESTHETICALLY PLEASING WALL/SIGN THAT
IS AT A HEIGHT THAT REDUCES/PREVENTS DAMAGE TO
THE EXPENSIVE SIGNAGE.
THE INSTALLATION OF A SIX FOOT HIGH WALL WILL PUT AN UNDUE
HARDSHIP ON AMO PROPERTY AND IT'S MEMBERS. THIS IS A
SITUATION THAT HAS BEEN IMPOSED ON US AND THAT IS WHY A WALL
HEIGHT VARIANCE IS REQUIRED .
I
20'd LD2T T26 VS6 017:2,T 2,66T-60-330
LAW OFFIM
RYAN & RYAN, P.A. .
THOM FLOOR
?W EAST DANIA BEACIi SOMEVARC
DANIA.FL ORIOA 3=4awa
ARCH E 1(TYAN,III
TM40THY M.i1YANCHAIS T91PNONE 1�1 9aM�1
ALEXA DRA a 1 RYAN FACSIMILE JW)871-1247
AIF.XANORA G AUSTIH
December 9, 1997
I
VIA FAX (305-373-9443)
Marwin S. Cassel, Esq.
Broad & Cassel
201 South Biscayne Boulevard
suite 3000
Miami, Florida 33131
Re: Dismas Charities, Inc. operations at Hotel Poinciana
Property Address: 141 N.W. l" Avenue
Dania, Florida
Our File Number : 159255p
Dear Mr. Cassel:
This letter will provide a status of Dismas Charities' request
to operate a federal prison pre-release program facility at the
above stated location.
The subject property is located in a C-3 zoning district. The
C-3 zoning district is a general business district for business
establishments primarily not of a neighborhood or community service
type which may serve large sections of the city and metropolitan
area. The permitted uses and special exception uses do not include
a federal prison pre-release program facility.
Your client can make application to the Growth Management
Department for a zoning text change to add federal prison pre-
release program facilities as a special exception in the C-3 zoning
district. This zoning text change will be brought before the City
Planning and Zoning board for their non-binding recommendation and
a final decision will be made by the City Commission after two
advertised public hearings. If the zoning text change is approved,
your client must still obtain the City Commission' s approval for a
special exception to operate the aforesaid use in the C-3 zoning
district.
i
r
Y
£0'd Lb2T T26 PSG er:LT L66T-60-330
Marwin S. Cassel, Esq. December 9, 1997
Broad S Cassel Page Two
I enclose for your information a copy of correspondence from
special counsel Earl Gallop dated November 18, 1997, with the
special counsel's analysis of this matter.
er truly ours,
TIM THY RY
i
TMR/rl
cc: Michael Smith
City Manager
i
I
i
COIA Vd vwtx I xYxu LtZT TZs rss yy3 ss eT _a;eo^r
a _ \
lQ ENDA REQUEST Oft ^7
DQMA
#:
Date: 11/25/97 Agenda Item
Title:
SP-18-97-AIRPORTAMERICA USA, INC.
Requested Action:
SITE PLAN APPROVAL-CONTINUED FROM 9/23/97 COMMISSION MTG.
Summary Explanation &Background:
REQUEST BY MIKE AMBROSE OF CARNAHAN*PROCTER AND ASSOC., INC.
REPRESENTATIVES FOR AIRPORT AMERICA USA, INC. FOR SITE PLAN APPROVAL OF A
LONG TERM PARKING FACILITY. THIS ITEM WAS CONTINUED FOR 60 DAYS UNTIL
LEGAL REVIEW COULD BE OBTAINED FROM THE CITY'S SPECIAL COUNSEL AS TO THE
CITY'S EXPOSURE AND LIABILITY IN THE EVENT THAT THE SITE WAS CONTAMINATED
AND A RECIPT OF A CLEAR EPA REPORT.
Exhibits(List):
MEMORANDUM FROM EARL GALLOP, ESQ.
MEMORANDUM FROM TERRY VIRTA, AICP -GROWTH MANAGEMENT DIRECTOR
MINUTES FROM 9/23/97 REGULAR COMMISSION MEETING
Prepared By:
GROWTH MANAGEMENT DEPARTMENT
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
PLANNING AND ZONING BOARD 8/20197
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
r
MEMORANDUM
TO: Michael Smith
City Manager
FROM: Terry L. Virta, AICP
Growth Management Directoy�
RE: SP-18-97—Airport America IUSA, Inc.
Date: November 20, 1997
The City Commission heard this matter at their September 23, 1997 Meeting. At
that Meeting concern was raised over potential of the site to be a brownfield and any
potential for liability on the City should the Site Plan be approved. The City Commission
directed staff to get an opinion on the potential for City liability in this regard. Mr. Earl
Gallop, Special Counsel to the City reviewed this matter and a copy of his memorandum
is attached. In short, he expresses the opinion that the City would not have liability
exposure as a result of Site Plan approval. Staff recommendation is that the City
Commission approve this Site Plan.
r
o �
SENT BY, 11-18-97 : 5:12PN NW, P. A.- 19549212604;* 5/ 8
i
i,
NA.GIN GALLOPFIGUEREDO'
Attorneye & Countelorr
3225 Aviation Avenue-Third Floor
Telephone:(305)854-5353 Post Office Box 330090 fiacsimde:(305) 854.5351
Miami,Florida 33233-0090
November 19, 1997
Tim Ryan, Esq.
Ryan&Ryan
700 East Dania Beach Blvd„ 3rd Floor
Dania, FL 330(9
Re: Request for legal opinion
Site plan application of Airport America USA,Inc.
Dear 14Ir.Ryan:
This letter responds to your October 29, 1997, request for a legal opinion on the
question whether the City of Dania is exposed to legal liability if it approves a site plan for
the development of property which might be contaminated.
In summary, based on my knowledge of the particular facts of this matter, and
controlling principles of law, it is my opinion that the city is not exposed to liability by
approving a site plan for the property.
Summary of relevant fads
Airport America t1SA applied to the city for site plan approval for a 14 acre parcel of
land. l'he applicant proposes to develop the site for long-term paridng. The parcel is pan
of a larger tract of land owned by Phillips Petroleum Company, Petroleum storage tanks are
located on the property. Phillips ceased using the property as a petroleum storage facility
several years ago. Action by the city commission on the site plan was deferred because of
concern about the environmental condition of the properly. The city does not have actual
knowledge regarding the environmental condition. In particular, if the property is
contaminated, the city does not know whether the contamination presents an imminen ly
dangerous condition.
D&lmvion of legalprincfples
A statutory or common law duty must exist for there to be municipal tort liability.In
analyzing whetherthe city is exposed to legal liability in approving a site plan forpotentially
contaminated property, we identified and investigated the potential sources which might
create a duty on the part afa municipality to respond to the condition of the property. Duties
relating to contaminated property apse under statutory law and under common law,
NOU-19-1997 18:03 p,05
SFNr BY: 11-19-97 5:12PM NGF, P. A,- 19549212604.9 6/ 8
Tim Ryan, Esq.
November 19, 1997
Page 2
Statutory dudes
There are numerous federal and Florida laws that create duties regarding contami-
nated property. The principal statutes arc the federal Clean Water Act(CWA),the Resource
Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA, or Supetftmd Act), the Pollutant Discharge
Prevention and Control Act (ch. 376, Fla. Stat) and the Florida Air and Water Pollution
Control Act(ch.403,Fla.Stat.). Each of these statutes establishes liability based on a duty
of a person to either prevent, or to abate, contamination on property that is under its
ownership or control, or, on which it causes contamination. For instance, RCRA, creates
liability based on the status of a person as one who generates,transports,stores,or d6poscs
of hazardous waste (or a regulated waste, such as petroleum waste). CERCLA creates
liability based on based on the status of a personas a past,or present,owner or operator of
a facility at which a hazardous substance is discharged. Liability is also imposed on
generator,and transporters of the discharged substance. An owncrofcontamhratedproperty
may be liable under both federal and State law if the owner does not take action to contain.
or abate,the contamination which originates on the property,even though the owner did not
cause the contamination.
A municipality is a"person"under therelevant federal and State laws. Constxptently,
a municipality is exposed to liability if it causes, or fails to control, contamination on
property that it owns,operates,or controls. However,no present statute imposes a duty on
a municipality to take a land development permitting action, or to refrain from taking a
permitting action,regarding contaminated property that is owned by another person.
Common law dutimx
Common law duties may arise when a municipality exercises a proprietary function,
but not when it exercises a discretionary or governmental function. In the seminal case,
Trianon Park Condominium Assn. v. CitvofHialeah, the Florida Supreme Court.in 1985,
held that tort liability does not arise in connection with exercising, or not exercising, a
legislative. planning-level administrative, or police power. 1nTnianon, the court divided
government functions into fourcategorics: 1)legislative,permitting,licensing and executive
functions;2)enforcement of laws and protection of public safety;3)capital improvements
and property control operations; and, 4)providing pmfessional, educational and general
services for the bealth and welfare of the citizens. Liability does not arise under the first two
categories because there is no common law parallel. That is, under the common law of
England,prior to July 4, 1776, the govermnent could not be held liable for the exercise of
these powers. The common law of England was adopted by the territorial government of
Florida as early as November 6, 1829. Site plan approval is a category 1#1 function.
Apart from the special issues regarding municipal liability,we considered whether the
city might have a duty to warn others of a known dangerous condition. In our review the
Restatement (Second) of Torts and computerized legal research, we could not find any
authority that recognizes a common law duty to warn a third party of known dangerous
conditions that exist on properly which is owned by another. Consequently,it appears that,
although the city does not have knowledge regarding the environmental condition of the
NOV-19-1997 18:04 P.06
SBT BY: I1-19-97 5:13PM : NGF, P. A.» 19549212604:# 7/ 8
Tun Ryan, Esq.
November 19, 1997
Page 3
Phillips Petroleum property, and it does not have the toxicological expertise to determine
whether any contamination which might cxisl could present a dangerous condition, the city
does not have a common law duty to wam even if it did know of the condition of the
property.
PeroW ing authority.
UnderSynder and othcrdecisions.the city must determine whether,by competent and
substantial evidence,an application for a land development permit or approval is consistent
with its comprehensive plan and complies with the applicable land development regulations.
I am not aware of any plan goals,objectives or policies,or any implementing regulations,
which provide for considering the contaminated environmental condition of property, The
city has the home rule power to prescribe such requirements,but it has not done so at this
time. Consequently,the condition of the property cannot be considered in acting on.the site
plan application.
Please do not hesitate to call me if you have any questions regardhig the subject
matter of this letter.
Very tntly2urs,,
Earl G. Gallop v
Attachments
cc:: Mayor and City Commission
Mike Smith, City Manager NICGnIJgAIIAhIKRyw,IU.wpd
FM-19-1997 1B:O4 P.07
I
Mayor Mikes suggested using the same type of palm tree since two more palm
clusters are being added at the boulevard entrance and Commissioner Bertino
suggested including a berm to conceal the parking area.
A motion was made by Commissioner Hyde, seconded by Commissioner Etling,
to approve the site plan (SP-13-97) with the stipulations that a berm be added,
the trees be matched at the entrance and that all Planning & Zoning Board
recommendations be met.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde - yes Vice-Mayor Cali-yes
Mayor Mikes -yes
4.7 WAS HEARD AFTER 5.1
5.2 (Continued from May 13, 1997, Regular Meeting)
Review of Site Plan attached as a condition to VA-32-97 granted May 13,
1997, to Frank A. Jose, 129 NW 4 Avenue, aka/ Frank's Custom Paint &
Auto Body. (Staff)
Ken Koch, Building Official, explained that the Frank Jose variance request was
presented some time ago due to an addition being built without a building permit.
The variance was approved May 13 with the following conditions: (1) no parking
in the swale in front or across the street of the auto body business, (2)
landscaping placed in the swale area, (3) irrigation provided for the landscaping.
Mr. Koch presented the site plan showing landscaping being placed on both
sides of the street and denoting irrigation being installed under a separate permit
and drawing. Mr. Koch advised that an Unsafe Structures Order provides for
demolition of the building on October 10 unless the City Commission finds the
site plan, connected to the variance, to be acceptable so that a building permit
can be issued.
Attorney Ken Meyer, representing Frank Jose, agreed that the site plan could be
completed within 60 days. Commissioner Bertino clarified that the property is
zoned Residential and that a legal non-conforming use variance was issued for
the business. He questioned whether it was legal to issue another variance to
expand the non-conforming use. Attorney Meyer stated that the variance is legal
because the addition is a basic accessory use for storage and is not expanding
the premises.
A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to
approve the site plan with the condition that the building permit be issued prior to
October 10 and that the site plan improvements be completed within 60 days of
issuance of the building permit.
The motion passed on the following roll call vote:
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- no Vice-Mayor Cali-yes
Mayor Mikes - yes
5.3 SP-18-97- Mike Ambrose, Carnahan Proctor&Associates, Inc., Petitioner
representing Airport America USA, Inc., Owner, for site plan approval of a
MINUTES-REGULAR MEETING 14 SEPTEMBER 23, 1997
I
long term parking facility to serve Fort Lauderdale-Hollywood International
Airport. (Staff)
Mike Ambrose presented the site plan for a 14-acre site (Phase 1) in Port
Everglades to develop a long term parking facility to serve the Ft. Lauderdale-
Hollywood International Airport. Mr. Ambrose mentioned that the Phillip's
Petroleum Tank Farm is currently in the first stage of preparation for demolition
and that the long term parking facility will be owned by Park & Go, a national firm
with eight sites. Mr. Ambrose advised that all trees were increased from a
minimum of 2.5" to 3" caliper in breast height, a Florida Department of
Transportation letter has been provided reflecting preliminary approval of the
project's future entrance, and vehicular patrol security will be provided 24-hours
as recommended by the Planning &Zoning Board. Nine tanks will be removed
and contamination concerns are strictly the responsibility of Phillip's Petroleum
before selling the property to Park & Go.
Commissioner Bertino expressed concern that all EPA approvals confirming no
soil contamination should be received before approval of the site plan. Leigh
Kerr, City Planning Consultant, understood that a clean site has to be delivered
before the purchase transpires and that a building permit would not be applied for
before ownership of the property. Mayor Mikes expressed concern on the
definition of a clean site and City's liability exposure. Mr. Kerr thought that the
site would have to receive EPA approval. Mr. Ambrose mentioned that since the
site plan approval is a condition to the property closing, he would agree to hold
up on requesting a building permit until he can supply a Certificate from EPA and
the Broward County Department of Natural Resource Protection. He advised
that there are 42 wells on the site that are constantly monitored, a lengthy
Environmental Report states that the site is clean and a national environmental
firm has been hired for the removal of the tanks. Mr. Ambrose expected the
certification from the regulatory authorities to take 60 days and the closing would
be contingent upon the certification.
A motion by Commissioner Bertino to postpone the site plan approval until the
property sells to the owner requesting the parking facility and until the City has
received a letter from EPA that the property is not contaminated. Motion died for
lack of second.
Mr. Ambrose assured the City Commission that he would not be able to obtain an
environmental permit or a stormwater management permit until the site has
received a clean bill of health from EPA. The property has been a tank farm for
42 years and the new owner is not going to purchase the property without the
proper approvals. Commissioner Hyde was concerned with approving the site
plan before the EPA approval is received since there is no further requirement for
the petitioner to come back before the City Commission. Mayor Mikes suggested
continuing the issue until a legal opinion can be obtained.
Vice-Mayor Cali requested that Mr. Ambrose provide the monitoring and
environmental reports for staff and counsel to review.
A motion was made by Commissioner Bertino, seconded by Commissioner
Hyde, to continue the site plan for 60 days until legal review can be obtained
from the City's special counsel as to the City's exposure and liability in the event
that the site was contaminated and receipt of a clear EPA report.
The motion passed on the following roll call vote:
MINUTES-REGULAR MEETING 15 SEPTEMBER 23, 1997
Commissioner Bertino-yes Commissioner Etling -yes
Commissioner Hyde- yes Vice-Mayor Cali-yes
Mayor Mikes - yes
ITEM 8.2 WAS HEARD AFTER ITEM 6.3.
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 (tD) AND FOURTH (4')
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.
7. EXPENDITURE REQUESTS-none
8. DISCUSSION AND POSSIBLE ACTION
8.1 Discussion of Dania Chamber of Commerce occupying the
NyberglSwanson House. (Staff)
Patricia Flury, Chairwoman-elect of the Greater Dania Chamber of Commerce,
advised that the Chamber has been in existence for 18 months and that their first
objective was to develop a basic business infrastructure. Currently, the Greater
Dania Chamber of Commerce has more than 80 members, sound bylaws, an
attorney, a business plan, insurance, financial statements, etc. The Chamber
Breakfast and Card Exchange Meetings have provided an excellent forum for the
business community to come together.
Mrs. Flury requested permission to utilize approximately 500 square feet of
space in the NyberglSwanson House to relocate the new Chamber. Initially, the
office would be open from 10:00 a.m. to 2:00 p.m. Monday through Friday.
Commissioner Bertino was very supportive of the request and asked if the
Chamber would consider operating from Tuesday through Saturday. Mrs. Flury
mentioned the need to hire staff to operate the office and the need to address
operating hours at that time.
Mayor Mikes mentioned that the City is suppose to use the second floor of the
NyberglSwanson House for historic exhibits of the City and that Saturdays would
be a better day to be open to conform with most businesses. Mayor Mikes
mentioned the need to make building and landscaping improvements to the
Women's Club and the Nyberg\Swanson House and the possibility of having a
pavilion in the area.
Vice-Mayor Cali requested to have city staff assist the Chamber in filing an
application to get the Nyberg\Swanson House on the National Register for
Historic Properties.
A motion was made by Vice-Mayor Cali, seconded by Commissioner Bertino, to
direct City Manager Smith to work with the Greater Dania Chamber of Commerce
to lease 500 square feet of office space at the Nyberg\Swanson House and that
an agreement be brought back to the City Commission.
MINUTES-REGULAR MEETING 16 SEPTEMBER 23, 1997
I
v �
MEMORANDUM
TO: Michael Smith, City manager
FROM: Terry L. Virta, AICP --
. Growth Management Direc or
SUBJECT: Airport America USA, Inc. (SP-18-97)
DATE: September 16, 1997
This is a request by Airport America USA for site plan approval for a
fourteen (14) acre site in the Port Everglades area. Their request is for
permission to develop a long term parking facility to serve the Fort Lauderdale-
Hollywood International Airport. The property is zoned M-3 (Broward County)
and was reviewed under those requirements.
This site is a portion of a larger twenty seven (27) acre parcel and
represents Phase 1 of a three phase project. The access to the site is off of
Southeast 32nd Street. As a part of this project the applicant intends to improve
the access road to the project site.
City Staff, represented by Leigh Kerr AICP, has had a series of meetings
with the applicants representatives regarding this site plan. As a result, various
revisions were made to the site plan including expansion of site data as well as
parking computations. The landscaping proposed for the site was also modified
to enhance the project.
RECOMMENDATION
The Planning and Zoning Board met on August 20, 1997 and considered
this project. The Planning and Zoning Board asked the applicant if they would be
willing to increase the diameter of the trees that were to be planted. The
applicant agreed and has increased the diameter from 2.5 inches DBH to 3
inches DBH. The Planning and Zoning Board also had concerns regarding
safety for the patrons and the applicant has indicated that they will have security
in the form of a roving patrol.
The Planning and Zoning Board recommends that the City Commission
approve this site plan subject to their concerns having been addressed. The
i
r
Applicant has complied with their concerns/re uests and pp p q the Planning and
Zoning Board's recommendation is for approval. Staff also recommends
approval in that the application fully complies and in the case of landscaping
exceeds the requirements of the City Code.
q-7
CARNAHAN•PROCTOR AND ASSOCIATES, INC.
Ccrswnng Engineers .rw vcrs -;cners
September 3, 1997
City of Dania
100 West Beach Boulevard
Dania, FL 333004
Attn: William Johnson
Chief Zoning/Code Inspector
Subject: Airport America USA Site Plan Approval
Dear Mr. Johnson:
Submitted herewith are 7 prints of the revised landscape plan for the subject project. The
revision refI;:cts increasing all trees from a minimum of 2t/" to 3" caliper at breast height
so as to comply with a request of your City's P&Z Board at our meeting before them on
August 20, 1997. `
We also enclose herewith a letter from Florida Department of Transportation which
reflects their preliminary approval of the projects future entrance on "Old Eller Drive" (A
Phase II Condition). This information was also requested by your City's P&Z Board.
Lastly, the same Board asked about security for the project. The Owners wish me :o
inform your City that they will have 24 hour security on tite project. This security will be
in the form of a vehicular patrol of the site.
We look forward to presenting the Phase I Site Plan before vcur Citv Council on
September 9. 1997.
Very truly yours.
D.M. Ambrose. P.E.
DMA:sew
cc: Leith Kerr/John Bona
Enc/u�urr.s
6191 West Atlantic Blvd. P.O.Ba< 4)99 1targatc. FL 1306; . t454) 472 30iU FAX °ial 4;2.4178 . Palm 13caen ioU 364A68;
r
r
FLORIDA DEPARTMENT OF TRANSPORTATION
® DISTRICT FOUR
CANTON CIIILFS BEN G.WATTS
�� 3400 Wes[Commercial Boulevard
covERnnR s ® SECRETARY
Ft. Lauderdale,Florida 33309.3421
a
Telephone(954)777.4383
April24, 1997
THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERMIT APPROVAL
AFTER October 24, 1997
THIS DOCUMENT IS NOT A PERMIT APPROVAL
Mr. Ken Cox, P.E.
Carnahan-Proctor&Associates
6191 W.Atlantic Boulevard
Margate, Florida 33063
Dear Mr. Cox:
RE: Pre-application Review for vehicular access connection(VAC)permit request
Permit Number N/A,State Section 86095, State Road 862,Approx. M.P.N/A
Posted Speed 15 m.p.h.,Access Class 6,Connection Category B
Broward Coum , Urban Section, In the City of Dania
Request: A righ't-in only VAC off the northern jug-handle of Eller Drive at 1-595
Applicant: Pa7rk 'N' Go, Property Owner: Phillips Petroleum,Business Name: Park 'N' Go
A Pre-application Review of the subjject proi.ect was conducted at your request April 24, 1997.
The purpose of the Pre-aeolication Review for VAC is to establish agreement on the permit category, number, type,
and general location of VACS of the applicant's property to the State highway. We have given the plan,as
presented,as thorough a review as possible at this point and our comments or findings are as follows:
• We approve the concept as presented with the following considerations.
• Please include a copy of this letter with your request for continued pre-application review or permit
application.
Conditions: This VAC must not interfere with any work planned by Broward County Airport or D.O.T.
Dimensions between features are from the near edge of each feature unless otherwise
indicated.
Our rating of your prepamion for this review 40 1 60 1 70 1 75 1 80 1 85 1 90 1 95 IQO
Favorable review of the croposal generally means that you may develop plans complying with the Review
comments and submit them, within six months,to the Department for permit processing. When permit requests are
submitted subsequent to a Pre-application Review, Department permits personnel have the duties of checking the
viability of the design plans in terms of standards compliance and constructibiliry. In keeping with the spirit of the
Rule,the Department will attempt to abide with the Review comments favorable to your plan to the extent that
necessary discretion is available to the Permits Engineer. Unfavorable review generally means that a permit
application based on the design proposal would likely be denied.
If you should have any questions please contact us at the telephone number shown above.
Sincerely, /
Clark D.Turberville, P.E.
District Permits Engineer
CDT/jma
cc: Jonathan Overton. P.E.
Beth Coe
Al Rich
Lynda Veillette
Cassandra Piche
File: 6520.01 / f.\users%perminconceptulpark'mg.424
®NECTCLCD PAPER
APPLICATION FOR SITE PLAN APPRO VAL
G�
CITY OF DANIA
0
100 WEST DANIA BEACH BOULEVARD
DAM, FLORIDA 33004
y Y 305/921.8700
`v J'
J�
APPLICATION NUMBER S� /�- DATc L-30_9/
The undersigned petitions the Growth Management Depa=ent and/or the Gty
Commission ci the City of Dania to consider site pian approval on the ;arcei (s) of land
desc-ced in this aopiication.
NAb1E OF APPLCANT: AIRPORT AMERICA USA INC.
ADDRESS OF APPLICANT. 701 E. COMMERCIAL BL M. FT. LAUDERDALE. FL
PHONE NUMBER: ( 954 ) 771-1850 FAX NUMBER: ( 954 ) 491-3689
PROPERTY INTEREl OF APPLICANT: CONTRACr PURCHASER
NAME AND ADDREcq OF PROPERTY OWNER (IF NOT THE APPLIC�. 7�: _
PBILLIPS FETROLEUM COMPANY_ P n Rny 7oA7^unr�CQ 77251
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SEE ATTACHMENT FOR LEGAL DESCRnynm
SE 32ND STREET, PORT E4ERGLADRS TFRMTNAT _ iIANTA FT
LXIS TING LAND USE DESIGNATION: T EX1 u G ZONING: M-3
LOT SiZE ACRE4GE 14.09 SQ. FT. Ftj 7fi4
i
;u
DESCRIPTION OF PROJECT: SITE IS PROPOSED TO BE A PRIVATELY OPERATED,
LONG TERM AUTOMOBILE PARKING FACILITY PRIMARILY SERVING FORT LAUDERDALE
MERNATIONAL AIRPORT
SECTION: 23 TOWNSHIP: 50S RANGE: 42E
TAX FOUO NUMBER:
RECORDED PLAT NAME:
PLAT SOCK: PAGE
LIST ANY SPECIAL EXCEPTIONS, VARIANCES, REZONINGS ETC. THAT MAY BE
REQUIRED TO SUPPORT THIS APPLICATION:
NA
ANY OTHER INFORMATION IS SUPPORT OF THIS APPL'CATION:
------------
NOTE: ALL SIGNATURES MUST BE NOTARIZED.
PETMONER: AIRPORT AMERICA USA, INC.
RINT NAME'CCRPaKRATiON '
AUTHORIZP- SIGNATURE
Swcm to and subscribed before me JOB R. BONA, PRESIDENT
this !��,4ay of J GINE 19 9 7 PRINT NAME AND TM.E
(if carpontlon)
Nota-f-Rublic
(Notary SlampiSeai) tiPar P�B�cO
MgFaiure
ri
9: �
AT C'�2�Irt�.c k • •:OF F L0��/
oFRCLAL NOTARY MAL
Pnnt Name PATC RMACX
//5/ CCSIMWIC NO,ILINE S!
Commission Expires: (9 X CO •MISIONN p.IWH5199!
FCR USE WHE'V PETiTiONER IS NOT THE OPv?.' nP g IR tF
PROPERTY OWNER: PHILLIPS PETROLEUM COMPANY
PRINT OWNERICCRPOPi
=N NAME
BY: 1!
/ /AUTHORIMO SIGNATURE
Sworn tc and subscribed before me JOHN R. BONA, AGENT
this�,� day of -71e 1997 PRINT NAME AND TITi.E
(If c4orpor2tion)
P.O. BOX 1987, HOUSTON, TEXAS 7725::
Nct rrfPubi(c ADIF)RE5S CF OWNER
713-663-3675
Signature
•y�,RY
,4 R 44 ¢C �le (Notary StampiSeai) :'
not ,Name
Ccmmissicn Expires:
�rppAL.•1�oiARY 4AL
PATCAMACK
_OF mwoN NO."' J1
3 t,r Co•,MLSMON H%PJUMS M
ti
DESCRIPTION OF
PHASE 1
"AIRPORT AMERICA USA"
IN THE CITY OF DANIA, FLORIDA
LEGAL DESCRIPTION:
THAT PART OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE SOUTHWEST ONE-QUARTER (SW
1/4) OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 42 EAST, LYING NORTH AND WEST QF THE
BROWARD COUNTY PORT AUTHORITY RAILROAD RIGHT-OF-WAY, BEING A PORTION OF THOSE
LANDS CESCRIBED IN A DEED FROM ELIZABETH J. SCHULL TO PHILLIPS PIPE LINE COMPANY
DATED FEBRUARY 7, 1963 AND RECORDED IN BOOK 2544, PAGE 594 OF THE DEED RECORDS OF
BROWARO COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST ONE-QUARTER (NE 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23; THENCE NORTH 88001'48' EAST, ON THE
NORTH LINE OF SAID SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23, A DISTANCE OF
945.76 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE BROWARO COUNTY PORT
AUTHORITY RAILROAD; THENCE SOUTH 01 '37'32' EAST, ON SAID WEST RIGHT-OF-WAY LINE,
A DISTANCE OF 767.01 FEET; THENCE SOUTH 88'01'48' WEST, ON A LINE LYING 767.00 FEET
SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE OF THE SOUTHWEST ONE-
QUARTEER,A DISTANCE OF 681.25 FEET;THENCE NORTH 46°58'12' WEST,A DISTANCE OF 28.28
FEET;THENCE NORTH 01 °58'12'WEST,A DISTANCE OF 555.00 FEET;THENCE SOUTH 88°01'48'
WEST, ON A LINE LYING 192.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, SAID
NORTH LINE OF THE SOUTHWEST ONE-QUARTER, A DISTANCE OF 240.77 FEE T; THENCE NORTH
01042'36' WEST, ON THE WEST LINE OF SAID NORTHEAST ONE-QUARTER (NE 1/4) OF THE
SOUTHWEST ONE-QUARTER(SW 1/4),A DISTANCE OF 192.00 FEET TO THE POINT OF SEG1NNING.
TOGE TT HER WITH:
THE NORTH 100 FEET OF THAT PART OF SAID NORTHEAST ONE-QUARTER (NE 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23 WHICH LIES EAST OF THE SAID RIGHT-OF-
WAY OF THE BROWARD COUNTY PORT AUTHORITY RAILROAD, BEING A PORTION OF THOSE
LANDS CESCRISED IN A DEED FROM ELIZASETH J. SCHULL TO PHILLIPS PIPE LINE COMPANY
DATED FEERUARY 7, 1963,AND RECORDED IN BOOK 2544, PAGE 594 OF THE DEED RECORDS OF
BROWARD COUNTY, FLORIDA, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT SAID NORTHWEST CORNER OFTHE NORTHEAST ONE-QUARTER(NE 1/4)OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23: THENCE NORTH 88'01'48' EAST ON THE
NORTH LNE OF SAID SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 23, A DISTANCE OF
1045.76 FEE ii TO THE POINT OF BEGINNING;THENCE CONTINUE NORTH 88°01'480 EAST ON SAID
NORTH LINE. A DISTANCE OF 281.92 FEE ii TO A POINT ON THE EAST LINE OF THE NORTHEAST
ONE-QUARTER (NE 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SAID SECli ON 23;
THENCE SOUTH 01 °35'50' EAST ON SAID EAST LINE. A DISTANCE OF 100.00 FEET; THENCE
SOUTH 88°01'48' WEST,A DISTANCE OF 281.87 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF FROWARD COUNTY PORT AUTHORITY RAILROAD; THENCE NORTH 01 032'37' WEST ON
SAID EAST RIGHT-CF-WAY LINE. A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATEc. LYING AND BEING IN THE C17Y OF DANIA, BROWARD COUNTY, FLORIDA,
AND CONTAIN 14.090 ACRES, MORE OR LESS.
0:1WPCA0,%-4lS0ESGPHt :E0
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A,N�n PHILLIPS PETROLEUM COMPANY
.o.eoxieu maeeaeTe
NOUVON. -VAS rr?Sf. w
PNOPIRTY 'AXES.REAL ESTATE ANO C.AM'J
June 26. 1997
F-164
VIA FA 75IMME(305) 935-0144
John Bona
Bear John:
This is to confirm that you have a cantna to Purchase Phillips Petroleum Company's
property in the Port and have Phillips' approval to make the necessary applications for
government approval to enable you to develop the property for the purposes set forth in
the Pnrchasc Agreement. If you need anything further, please do not hesitate to let me
know.
V7 truly yours
#n D. Bacau
PJ) 669-7581
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6954 N.W. 12 STREET, MIAMI, FLORIDA 33126'
305-477-9149 • 800-287-4799 • FAX 305-477-7526
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FC 017
I/tf- = City of Dania Fire Rescue
Bureau of Fire Prevention
100 West Dania Beach Blvd. From The Desk or
Dania, FL 33004
Lt. Edward Tarmey
(954) 921-8700 Ext. 260 Fire marshal
To: Mr. Terry Virta, Growth Managemen Director
From: Lt. Edward Tarmey, Fire Marshal
Re: Airport America site plan
Date: December 9, 1997
I have met with Mr. Michael Ambrose, of Carnahan, Proctor and Associates, regarding the
site plan review for the Airport America parking facility on the former Phillips Petroleum
bulk fuel storage site. After personally visiting the site and consulting with the Port
everglades Fire Marshal, I have formulated the following requirements concerning fire and
public safety issues of the site and I have discussed these issues with Mr. Ambrose. Fie has
informed me that all of these requests shall be met.
1. Emergency fire/rescue access for Phase 1 shall be from SE 14th Avenue. The
entrance lanes shall be a minimum of 15 feet in width for fire apparatus ingress and
egress. This width will accommodate fire department vehicles from Port Everglades
as well as the City of Dania. The Phase 2 entrance from Eller Drive shall also meet
this requirement.
2. Fifty-foot turning radii will be provided, throughout the site, for circulation of
emergency vehicle traffic.
3. They will install a new 8 inch underground looped fire main around the perimeter of
the property, with a looped 6 in fire service main, with fire hydrants spaced every
500 feet, for the parking area.
4. Fire hydrants will be installed every 300 feet, along the North boundary line of the
site, for the defensive fire protection of the Mobil Oil tank farm.
5. Twenty-four hour internal security shall be provided.
Captain Cavanaugh, the Port Everglades Fire Marshal, expressed a concern as to the impact
of the additional traffic flow on SE l4th Avenue from this project. This road is heavily
I
v
traveled by fuel tankers and raises his concern for public safety. He has forwarded this
consideration to the Port Everglades planner.
When all of the issues above have been instituted, this site shall have adequate access for
fire rescue operations and fire protection of the property.
I
Commissioner Hyde
1
� i
CWHILL
TECHNICAL MEMORANDUM
Request for Site Closure with Deed Restriction at the
Phillips Port Everglades Fuel Terminal
P1I PASPAREDFOR: BillNir..mes/FDEP/Tallahassee
�i PREPARED In: Doug VanNote/CH2MHILL/DFH
COPIES: Paul Davis/Pltlllips Petrulcum Company
DATE: April 22,1997
The purpose of this memorandum is to summarize the environmental activities that were
conducted at and results leading to a request for site rehabilitation and completion for the
Phillips Port Everglades Fuel Terminal,in Fort Lauderdale,Florida(FDEP ID No.06883779).
Isolated unsaturated soil conditions at this site would not qualify for site closure under
Chapter 62-770 Florida Administrative Code(FAC).However,the soil laboraton•results are
within the Alternative Site Rehabilitation Levels(ASRU)as described in the Florida
Department of Environmental Protection(FDEP)approved Port Everglades Corporation
(PEECO)Risk Assessment Report(Dated April 17, 1995).Therefore,Phillips Petroleum
Company has prepared a Declaration of Restrictive Covenant(Deed Restriction)to obtain
site closure as required by FDEP. Two counterpart originals of the Deed Restriction Form,
�. signed and executed by Phillips Petroleum Cumpany,have been Submitted to FDEP for
signiture and execution by FDEP. A copy of one of these is included in Attachment A.
Groundwater and soil laboratory analytical results are summarized in Tables 1 and 2,
respectively.Attachment F includes detailed laboratory data sheets for both soil and
groundwater. Activities and results of the field artivideq are described below.
Introduction and Site History
PEECO prepared a risk assessment report for the Port Everglades common areas that was
subsequently approved by FDEP on June 8, 1995.The Risk Assessment proposed
groundwater ARSLs in eight areas at Port Everglades.The Phillips Pipe Line(I'PL)Port
Everglades Terminal Is fixated in Area 0.A copy of the ARSU are included in
Attachment B.
Cased on the risk assessment approval,C112N1 HILL perfuttned additional bzounciwater
sampling and liquid phase hydrocarbon(LPH)monitoring activities on September 21, 1995,
to determine the Status of the site.On Sepipmhrr 1995,42 of the 43 monitor wells were sam-
pled and analyzed for Volatile Organic Aromatics(VOA-EPA Method 602),and Polynu-
clear Aromatic Hydrocarbons(PAFis-EPA Method 610).Groundwater analytical results
from the 42 monitor wells were below the Area 8 ASRLs(Attachment 13).Munitur well MW-
12 showed a layer of 1,P4 17 inches thick,and,therefore,was not sampled in the September
event. LPH wan alau ubservcd in monitor v.-ellsMW-2 and v1W-37,but I;nxlndwater
samples were collected rin;i analyzed below the product laver.Monitor well locations are
131163 A201
uyirn5].Ow
f
I
A9W I5T.au site ttWOC FIT"occo MITNCno,.r r,_rmWO ronrr,mwic..ruff T�
included in Figure 1.Groundwater results are included in Table 1.Monitor well
construction details are included in Table 3.
During the September 1995 sampling activities, LPH was observed in monitor wells MW-2,
MW-12,and MW-32 at thicknesses of 10.5 inches,17.0 inches,and 2.0 inches,respectively.
LPH removal from the three wells using passive skimmers was recommended based on J
effectiveness and cost. I
Supplemental Assessment Activities
' 14
Soil and Groundwater Results !�
In February 1996,additional groundwater samples were collected from 40 of the 43 monitor
wells and analyzed for Total Lead(EPA Method 7421)and Total Recoverable Petroleum
Hydrocarbons(TRPH-EPA Method 418.1)as a supplement to the September 1995
groundwater data.Groundwater concentrations revealed results below the Area 8 ASRLs
for groundwater.
After obtaining prior approval from FDEP,confirmatory soil borings were also conducted
to a total depth of 4 feet below land surface(bls)at two depth intervals in the unsaturated
zone at 15 selected locations. Two unsaturated soil samples,one from 0 to 2 feet ble I
(surface)and the other at 2 to 4 feet bls(subsurface)were collected at each location. These
soil boring locations were placed in areas where previous investigations revealed organic j
vapor analyzer(OVA)readings in excess of 500 parts per million(ppm)in the unsaturated
zone Soil laboratory analysis included Total VOA(FPA Method A02n)and PAH(F.PA
Method 8270).Soil results revealed three separate locations where concentrations were 1.
above the FDEP clean fill standards established in the FDEP document Guidelines far
Assessment and Remediation of Petroleum Contaminated Soil-May 1994,but are below the Area
8 ARSLs for soil.Figure 2 illustrates the soil boring locations and impacted areas.Tables 1 �I
and 2 summarize the groundwater and soil laboratory results.Table 4 summarizes the Y
confirmatory soil boring OVA readings at each location. P
A sub.eyueut site status report was prepared and subutitted to Mr.Tint Dahr/FDEPt.This
report includes results from soil data from previous soil assessments conducted in 1991 and
1992 for comparison to the most recent results.
As required in the June 1995 approved Risk Assessment document,a Deed Restriction
would be required if soils are above FDEP standards but are below the Risk Assessment
Guidelines.At that time,Phillips was willing to consider economical remediation methods
of the affected areas to reduce levels to FDEP standards as a possible alternative to a deed
restriction.
LPH Removal Activities and Results
Passive skimmers were selected as the most economical approach to effective removal of
I.Pti in the three uwnitor well lucntiuus(IAIV-2,MW-12,and`1 W-32).On March 1,19%,
^.-inch-diameter skimmers were installed in monitor wells MW-2 and MW-32,and one
4-inch-diameter skimmer was installed in monitor well MW-11 Me passive selective
1 CHW HILL Sotvs Sumndry w 7.1995 VVVI
• REQUEST FORM n05VKN1TR OEEO RESTRIORORAT ME MURS RORf fVERGU
skimmers are designed to recover free-floating hydrocarbons from any depth down to a
sheen(<0.01 inches).
Biweekly site visits to measure and empty accumulated LPH in the skimmer canisters
began on March 1,1996.During each visit the sk:imn er was removed from the well,and
product was emptied into designated 55-gallon Department of Transportation(DOT)
approved drums.Drums were removed and disposed by a licensed contractor upon
reaching full capacity.
LPPi removal activitic:using the passive skimmers continued during a 5-month period
(March 1,1996 to August 2,1996) to recover the LPH from the three separate areas,and
removal efforts showed steady progress and substantial reductions in product volume dur-
ing each visit. LPH was removed at two of the three lecatioiu(m%V--2 and MW12).It was
determined that the one remaining location(MW-32)contained larger amounts of LPH than
originally anticipated.Therefore,LPH removal through a passive slimmer at the M W32
location was discontinued.A product recovery record is included in Attachment C.
As indicated in the May 7,1996,Technical Memorandum,Phillips Petroleum Company was
considering an additional limited scope remedial alternative to accelerate LPH:emoval and
clean up the unsaturated hydrocarbon-impacted soils in the three identified areas as an
alternative to a deed restriction.Upon evaluation of the current conditions at this site,
Phillips Petroleum Company and CH2M HILL determined that these limited scope activi-
ties are reasonably likely to remove the LPH sufficiently to obtain site rehnbiiitation and
completion without a deed restriction for this site.
As stated in the August 23, 1996,letter to Mr.Niemes/FDEP,EcoVac Services,Inc.(F.coVac)
was selected as the contractor to implement the limited scope activities through use of their
Enhanced Fluid Recovery(EFRT")technology.An approval letter dated September 20, 1996,
(Attachment D)was issued by Mr.Niemes allowing the limited scope LPH removal
activities using EcoVac.
On October 7 and 5,1996,EcoVac conducted the LPH and hydrocarbon removal activities.
EFRT"activities at this site included T.PH removal and soil vapor extraction(SVE)at the
MW-32location and perimeter.In addition,EFRT"was conducted at monitor wells MW-2
and MW-12 to remove any residual hydrocarbons in the groundwater along with
hydrocarbon-impacted vadose soils.
During the initial 6-hour EFRT"event(October 7,1996),a total of 67 pounds of petroleum
hydrocarbons(approximately 12 equivalent gallons of gasoline)was removed honR the
extraction point located at monitor well NIW-32.During the second EFRT"event(October 5.
1996),a total of 19 pounds of petroleum hvdrucalborns(approximately 3 equivalent gallons
of gasoline)was removed from three cxtraction points at MW-2,MW-12,and LvIW-32.The
total duration time for this event was$horn: 4 hours at MW-12,2 hours atA4W4,and
2 hours at bIW-32.A copy of the EeoVac report showing the results of the F.FIZ'"activities is
included in Attnchment E.
Additional Groundwater and Soil Sampling Activities and Results
• Upon completion of the F.covac activities.CH2.M HILL onducted 91oundwatn sampling
at 17 monitor well locations on November L 1996,to obtain the most current groundwater
concentration leveb.Monitor wells pieviounly indiczting'e?Inw detection limits(BDL)were
T6'I;eE7.aa: �
r
`v \
i
n24'J!F rJ�fll[;LtriWY qnH pCrp�C]rpvil.}.4iHt rniW;ny Mli NCPG V C(t NiL rrSWeLL
not resampled.Parameters analyzed included Total VOA(EPA Method 802U),PAHs(EPA
Method 8270),TP.PH(EPA Method 418.1),and Total lead(EPA Method 7421).Groundwater
laboratory results revealed concentrations below the ASRLs for Area S.
On December 20,1996,CH2M HILL conducted confirmatory groundwater sampling at
monitor well MW-32.Concentrations of total VOA and total naphthalenes exceeded target
levels for G-land G-11 groundwater(Chapter 62-770.700(9))but were below the ASRCs for
Araa S. LPH monitoring continued from November 8, 1996, to December 16,1996,
(Attachment C)after the EcoVac activities to confirm removal of LPH.LPH monitoring
results indicated that LPH had recurred on November 8 and 11,1996.However, this
accumulation was believed to be very localized and could be removed by bailing.
Subsequent monitoring activities indicated that no LPH had recurred after bailing at
monitor well MW-32.A summary of the LPH recovery record is included in Attachment F.
Confirmatory soil sampling was also conducted on October 28,1996,at each EFRTP location
where previous laboratory soil results indicated elevated concentrations(see Figure 2).
Results of die confirmatory soil samples indicated BDL at soil borings SB-IBC.Soil boring
SB-10BC revealed total VOA concentrations of 0.014 milligram;per kilograms(mg/kg).Soil
boring SB-15BC indicated a total VOA concent-.ation of 161.3 mg/kg,which is above the
FDEP soil guidance criteria,but below the risk-based ASRG for Area S.
Conclusions and Recommendations
Groundwater results indicate concentrations above the No Further.Action (NFA)criteria as
described in the FDEP document No Further Action and Adonitering Only Guidelines%or
Petroleum Contaminated Sites-October 1990 at five monitor well locations(MW-12,MW-20D,
MW-29,MW-32,and MW-340—Table 1).However,groundwater concentrations for all
onsite monitor wells are below the ASRL-s for Area 8 as described in the PEECO Risk
Assessment Report(dated April 17,1995)(Attachment B).
Ulf was originally observed in monitor wells•MW-2,MW-12,and MW-32;however,LPH
was removed during the limited scope remediation activities conducted by EcoVac.As
indicated above and as shown from the product recovery record(.Attachment C),measur-
able amounts of LPH had recurred at monitor well MW-32 after completion of the limited
scope remediation artivitie;.Bailors were utilized during two episodes(November 8,and
11,1996)to remove the LPH from monitor well MW-32.After the second bailing effort,no
LPH had recurred from this well.Therefore,it was deternuned:hat the LPH observed was
very localized and LPH has been removed in this area.
The supplemental soil assessment activities conducted in February 1996 identified three
areas(SB-1B,SB-10B,and SB-1513)that were above State of Florida soil cleanup cntena but
were below the ASRCs for Area 8 for soil. EcoVac services conducted LPH and subsurface
soil vapor removal activities as part of the limited:cope remediatiun activities to avoid die .
need to prepare a deed rest:iction.Subsequent,confirmatory soil sampling was cunducted
at the three soil locations(SB-1BC,50d08C.and SB-15BC)after completion of the EcoVac
activities.Results indicated no significant reductions in soil concentrations(Table 2).
However,results were still below the ASRU for Area 8.
Based on these results,CH2M HILL recommends approval and issuance of a Site
Rehabilitation Completion Order from FDF.P. As described previousl)', two muntcrpart
ova r:+Lp.Vpr ,
I
NhYVk$LUH SIIt:LV$OPl MM L{tU Ni$IfpiYAn ABM!fTLU�J IOPf MPGµO[G fYf,iCPWN4
originals of the Declaration of Restrictive Covenant(Deed Restriction)Form,signed and
executed by Phillips Petroleum Company,have been submitted to FDEP for signature and
execution by FDEP. A cupy of one of these is included in Attachment A as part of thir.
request for a Rehabilitiation Completion Order.
i
i
pi
GNI;107.Lf. ,
}Y
AGENDA REQUEST FORM
CITY OF DANIA
Date: 08-05-97
Agenda Item #.4 L'
Title:
PUBLIC HEARING - REQUEST FOR VARIANCE-CONTINUED FROM 7/22/97
Requested Action:
RECOMMEND APPROVAL
i
Summary Explanation & Background:
A REQUEST FOR THE MEADOWBROOK SHOPPING CENTER, LOCATED AT 300 EAST
DANIA BEACH BLVD., BY SIGN LANGUAGE& CO., INC. ON BEHALF OF HY HOROWITZ,
BRENNER EQUITIES, INC. REPRESENTING SORMI, INC. FOR A VARIANCE TO ADD AN
ADDITIONAL 96 SQ. FT. BENEATH THE EXISTING PYLON SIGN TO ACCOMMODATE A
PLAZA DIRECTORY. A VARIANCE IS REQUESTED FROM THE REQUIREMENTS OF
CHAPTER 3, SECTION 3-33(M) POLE (GROUND) SIGN, WHICH LIMITS THE SIZE OF A
POLE SIGN TO BE NO GREATER THAN FIFTY(50) SQ. FT,
Exhibits (List):
MEMORMANDUM FROM LEIGH KERR, PLANNING CONSULTANT
LOCATION MAP
PETITION REQUEST
PUBLIC HEARING NOTICE
PROPOSEDDRAWING OF SIGN ADDITION LANDSCAPING
MINUTES OF PREVIOUSLYAP ROVED VARIANCE REQUEST7/24/84
i
Prepared By:
GROWTH MANAGEMENT
Source of Additional Information: (Name & Phone)
SPOKE WITH MIKE DANFORTH ON 8/5/97 HE STATED HY HOROWITZ WILL ATTEND CITY
COMMISSION MEETING ON 8/12/97 AS REQUESTED.
Recommended for Approval By:
PLANNING AND ZONING BOARD
Commission Action:
Passed ❑ Failed
❑ Continued ❑ Other ❑
Comment:
City Manager
City Clerk
r
CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO:
Michael Smith
City Manager
FROM: Leigh R. Kerr,AICPC�^ �/
Planning Corrsuita'nT�
RE:
PETITION VA-11-97 — REQUEST BY SIGN LANGUAGE AND
COMPANY, INC. FOR A SIGN VARIANCE FROM CHAPTER 3,
SECTION 3-33(M) POLE (GROUND) SIGN.
Date: July 16, 1997
This is a request for the Meadowbrook Shopping Center located at 300 East Dania
Beach Blvd., which is developed as a retail shopping center. The property has an
existing seventy-two square foot pole sign fronting on Dania Beach Blvd.
I
On July 24, 1984, the City Commission approved a sign variance for the subject site to
permit a total of seventy-two (72) square feet. The current request is to add an
additional ninety-six (96) square feet beneath the existing sign to accommodate a plaza
j directory. This would provide for a total of one hundred and sixty-eight (168) square
feet.
i
The code of the City of Dania permits a sign no greater than fifty (50) square feet. The
Planning and Zoning Board, after reviewing the criteria used to consider a variance
request, recommended approval of this request at their June 25, 1997 regular meeting.
Lc;
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DANIA �DELMAR ^�
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�A�ON SUB AMENDED PLAT '
'4-195) BLKS. 1-4
VA — I ( - G7 V.r1+ZGnC�
CITY OF DANIA �'-
100 WEST DANIA BEACH BOULEVARD
DANI.A, FLORIDA 33004
305/921-8700
11
APPLICATION [LUMBER �'r DATE FILED
APPLICATION FOR VARIANCE
The undersigned petitions the City .Ommission of the City of Dana.
Florida to consider the variance of the oarcel(s) of _and descrtcec
this application.
NAME OF APPLICANT:��CN L�1.1C-lA�.- o, Q) INC
ADDRESS OF APPLICANT:_1pngQ(._A F, P HONE:cgl�—
PROPERTY :NTEREST OF APPLICANT: MEa,I.OW AA�nK GHbQQ�Nt �t+�x�
NAME .AND ADDRESS OF PROPERTY OWNER ( iF NOT THE APPLICANT) : S'/Lel
3i 9 i /t/ ��u�-nr_i 44F r� 5 ,—Z/,)V
ADDRESS AND LEGAL DESCRIPTION OF SUBJECT PROPERTY:
1��Pc� kS'�CrR"S�
ZONING CLASSIFICATION: LOT SIZE: AREA:
PRESENT USE: }:ETAtt S1wCP�Nb cEN�En
DESCRIPTION OF THE 7ARIANCE(S) REOUESTED:_At,I \ G(�-a -M W\�u�
1'NQN 5\bw1 To F�c=)-Ap6 A hA k 11lPF�ottY
LIST THE ;LAMES AND ADDRESS OF ANY EXPERTS (PLANNER, ARCHITECT.,
.ATTORNEY, SCT. IF ANY) :
PLEASE COMPLETE THIS PORTION OF 'HE APPLICATION CAREFULLY. SAC-'
REQUEST FOR A VARIANCE .MUST STAND ON :75 OWN .MERITS WITHOUT PEGARD T
ANY OTHER PROPERTY.
The followinq questions pertain to the criteria uoon 4n ich the City
Commission and Planning and Zoning Board consider if a variance will not ie contrary to the public interest +here, owing to special
conditions, a literal enforcement of the zoning of the zoning _ode
4111 :exult in unnecessary and undue tardshio.
1. Describe how special conditions and circumstances exist enich are
peculiar to the 'and, structure or ouildinc involved and whict% are
not applicaole to other :ands, structures or buildings in the same
zoning district.
I NC 'N ANE OF )NNW
w1.11-� itic )AAFCyL74t•, TPr1�mC n-4U.1 SUAfotuq��1G �ME TAt a A)
Fgo).r�t.,, A\)n lxlEl�cw' �Nt1`1,At)Nt �F�etti �TDRE r Aceraat� AZ,1 h
I�QILC\FC�OU S1bNS U1.1�L6NTlt,�a\.C. 1e+ AO�TTItN G1!`fn wEShV.N BAN' .
��'PP0.Ct` �.a510.��j wES� HPLF C•F lW iA
r \
result om ns ant -..cumstances
do not fr the actions of., the applicant.
' THE �C IHi:DI� 4.00P\Nc- ct�le� hIHF�E•
hNV\ �,\.111`,N 1NC. I�tC�.1\1iT\OV cFE CITY CF 11AN1
1. Describe how granting the requested variance(s) will not infer that is denied by the
zoning district. o
anv special privilege on the applicant zoning code to other :ands, buildings r structures in this swat
"tUE "Trap` w Aux) V\S\R\uT� � tCl.n AAt
UN9� 1b M p �p� 'SMOPPtYUb r
`SLYL
4, Provide evidence that the literal interp the provisio
retaion of provisions
of the zoning code would deprive the api';
enjoyed by other properties i plicant of tights commonovisio n the same zoning district work unnecessary and undue hardship on the applicant. and woui_
OrJ 111E S"TZpF CW N 1�S
O UU1�6hCk`S�.
5. Oescribe how the requested variance is the minimum variance that
will ;Hake possible the reasonaole use Of
structure. the land, auilding or
�TEW"ti"� TO rZ4�Me ONE �I(1L�•Oh 1'ANtl R�f1
\ n __%
,511S1£ 1liE Mail
Ut1�{i C\(kcLM crS
6. Explain how the grant of the variance(s) will be in ha rnony withthe general intent and purpose of the zoning code, and that such
variance(s) will not be injurious to the area invol
wise detrimental to the public welfare. ved or otsuch
aL � y� oN Ma4ncu�icoc �0.tAeaav
A�Nc�PE tU t11`A ttpMte.S^,,:
A,l' k0 ua.lci CF SIbgT
7• Please add any other :omments wnich ,nav and the Planning and Zoning Soard in no the City Commission
reviewing this request.
NOTE: 4LL SIGNATURES '10ST 3E NOTAq.,._;,p
CITY COMMISSION. .- RDER OF T3E OANIA
t
g 'A Piuk J
Si nature o Pe one
Sworn to and su0scr:bed before me this_�aav of M,ytCH i9
Votary PuolLtc Commission Expires:
.. .'..nrrr:, t
I
;1HEN PETIT:CNER ._ NOT OWNER OF SUBJECT. ?ROPERTY:
THIS iS TO CERTIFY THAT : AM THE OWNER OF THE SUBJECT LANDS
DESCRIBED ABOVE IN THE PETITION FOR VARIANCE AND THAT
AUTHORIZED Stt j ,.n.ab�a �mc_ : HAVE
AFORESAID PETITION FOR VARIANCE. TO MAKE AND FILE —__
%4 fr/V �ot Owner
dDt1Jr7LLi,✓r �.
fPre.,
� et1', face s
,�z - t
Sw to and Subscribed before me this 0
NOtaryyy Pu01i Commission Expires ti L—
ABFFGL90Y!CL93CE:2
FIIMS(ICf:�.90
TO 9E COMPLETED 9Y OFFICE STAFF ONLY
IATERIALS :1:CLCOE0
Plans
Skeccnes
Survey �---
�'—' Fee
List of Adjacent ?roper-1 Owners i—
THIS FORM 70 BE FILED WITH THE DEPARTMENT. C:TY OF DAN LA'S GROWTH MANAGEMENT
ACCEPTED BY:
1�.fx , 4 , rLUKIUA
BOCA RATON, PALM BEACH COUNTY. FLORIDA
MIAMI#, DADE COUNTY#, FLORIDA
NOTICE N
BEFORE THE PLANNING AND ZONING e0 RDAND-:c STATE OF FLORIDA CITY COMMISSION OF THE CRY OF DANIA FLC?ID:
COUNTY OF SRO 'ARD/PALM BEACH/DADE REGARDING THE FOLLOWING AEOUESTED VARIANCE NOTICE S HEREEY GIVEN foal Ine Plemmna and Zcr.
Ing Board on May 21, 1997 at 10 D.m. and :re C.:,
BEFOREJTHE,1UNJR�lIGNED AUTHORITY PERSONALLY APPEAIInefew er°as°nemaker naq'oe 1 30neea�' fnorass—:
L1 1 1 pu°tic nearing In me ClIv Commission Meeunc Rc.-e :r
'""'--"'LLLJJY�� the Oama C,fv Hall. 100 West Canla Eeacn eou,ecr-•.. . . .....Y . .�; EWHO ON OATH SAYS THAT aneareaues,ato convaer ne louowmg proocsecHE/ISHE S A NULh AUTHOREPRESENTATIVE OF THE Petn -zingCenterlocal,,11 00EastfDanla2?"r CL/tSSIFlED DEPARTMENT OF THE �UN'SENTINEL#, DAILY n`oJ. OYSign
Blvd..ny Sign Landuage d Co..Inc.on oenalt of Hv nc_
wnz. Brenner Eamims. Inc.reoresentng Sorml. Inc.:dr±NEWS ER PUBLISHED IN ROW D/PALM 8EACH/ DADE CaUIpYronns'antoaccommodateac'a:aa,,,D,Daintheex,ces
FLORIDA THAT THE ATTACH OPY OF ADVERTI$EMENTs BFreruested:rrcm Qes9arwe��^mats�nesler3.SeFeACr
33 mI PPlef
provide b no 9raarotal of one nunarea and se:,y-e gnt�rc
NOTICE OF PUBLIC HEARING Square feet.
Prooerly Is Ied21Iv aescrme°as:A Donlon at Yoe:::;;
at'Dania Goit Couise In Section 3.. ,ownsnlo 5'Scc;r
Rang 42 East.as recornea In Plat Bodx 32.Pade t 7,c::re IN THE MATTER OF Brewera County Puollc Recdras. more Particular,
1 nv :re the Dou as follows:COmmencuto at?me Northwest Carer
thetheWboundary o1 sa Doti o Plat:thence run South 2-05'C6•t along North
West0.0n9FV of said mat for 23.07 feet::herxa
PETITION NO VA 11-97 t3egrun North B7e2o'O3• Es51 tar 775.00 rear to the Pcnr ••South nc::nence cchtinue Norm-1.3.'C3'w.,:onto-;:;a
South rlaht•oiwav tine of State Roaa AIA for 315.°i Via=•
thence run jomn t•54'01'East for 150.00 feet:thence r.-
North rt
IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAFEasude36Loo feelmme°°Im e7-0 02- East for hnlersten Noah 8vion win me es:
1-54'01•Yresl for 150.00 Poet of chance run North 67•e E.-s:
THE ISSUES O F oounaary of said mar ,Hence run south 1.54'01- E;s:
C , 07111o. 1 X alono said East dounaary for 526._2 feet toIne caner e said East Pounoary.(hence run South 671121.10—West'Dr a.
649.55 feet to an Intersection with he East rlont-cf-w
line of Southeast Thua Avenue:thence run North 2'^9' ?•
AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL Ion 'naalor sadne oEd750'03'Fast DaraeN to ast ncril-tot.wav ,me 101 na2a So°u:-.
hEWSPAPER PUBLISHED IN SAID SROWARD/PALM BEACH/DA DEshuate. nc ano nano m me ofCa, 01 nina.. idPwaa
West for 150.0o feet to me Point cf Eegmmha.Said lanes
ouniv
COUNTY#, FLORIDA,, AND THAT THE SAID NEWSPAPER HAS HIC ANY P q$ON WHO nOECIDESyTO APPEAL ANY DEC
BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM SITSION OAN4 MATTERCONSI COMMISERED AT IION'NITHIS EETINGA HEARCOUNTY, FLORIDA#, EACH DAYr AND HAS BEEN ENTERED AS GS.IANDFORSUCHPURPOSEMAY'NE=DTPROC="e
CLASS MATTER AT THE POST OFFICE IN FORT LAUDERDAL EJMADE WHICH
THATAveaaan ,RECORD OF EPROCEEC)R INDS
S
9ROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE YEAROI
ANDEVIDENCEUPONWECORO JP°A'�IS
IBASED. HICH TC)a
PRECEDING THE FIRST PUBLICATION OF THE ATTACHED COIJuly LOU ANN CUNNINGHAM,
THEAP
ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SHE— HAS
11, VW7srRA
NEITHER PAID NOR PROMISED ANY PERSON#, FIRM OR CORPORATION
ANY DISCOUNT, REBATE#, COMMISSION OR REFUND FOR THE PURPOSE
OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID
NEWSPA ER.
•r.1.Y..�Y.. ..ie .v..... �� .... .. ...
(SIGNATURE OFLAT I''N•T-3 r�
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SWORN TW AND SUBSCRIBED BEFORE ME
THIS 11' DAY OF JULY
A.D. 1997
(SIGNATURE OF NOTARY PUBLIC)
L.SEZAK
MY COMMISSION 4,CC295890 EXPIRES
% �:a:
•......... .. 1. .�'I�7WJafY 20, 1997
(NAME OF NOTARY TYPED, PRIN E OR STAMPED )
PERSONALLY KNOWN . .... ... ....... . . .. . . OR
PRODUCED IDENTIFICATION . ... .. ..
11
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® ® ® LPicennssea Real ESt to am o 9agee 9r G rRe C0 Ua P
ny
December 18 , 1996
City Of Dania
Plannina & Zoning Board
100 W. Dania Beach Blvd.
Dania, Florida 33004
Re : Meadowbrcok Shoppina Center
315 E. Dania Beach Blvd.
j 96 Sq. Ft . Addition to Existing Pylon Sian on
Dania Beach
soul
The City Sian code does not allow enough room to identifv the
individual stc_e owners on e
I
`h Pylon Sign.
Great Western Bank (Outparcel) obstructs vision to building ding sian
The elevation of Dania Beach Blvd. is 4 ' lower than plaza parking
lot . This, in cc
njuncticn with the extensive foliage and
landscaping, make store identification and visibility impossible
from Dania Beach Boulevard. The problem is further compo
the heavy and 'irregular traffic flow f unded by
rom the Jai-Alai Fronton. -
To alleviate these hardships, we propose a 24 panel illuminated
directory beneath the existing structure as detailed in the
enclosed drawinas . Eacht
tenant is to receive one 1 1
for street side identificaion. 2 Y48 ner side
Brenner Equities, Inc.
Agent for: Sormi, Inc.
Hv orcwitz
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3195 N Powenine Road. Suite 104. Pemoano Seacn. FL 33069 • 1954) 978-9968 • FAX: (954) 968.3438
roxeraee •Asse[ 51ana_ement • Deveiocmen.t• Recemersmos
EXHIBIT
VA-11-97 — MEADOWBROOK SHOPPING CENTER
300 EAST DANIA BEACH BLVD. ,
Photo 1: Plant material
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SAUN Desiqu red exclusively for:
L,A;N �lI L &
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5>9I iw 1 pr�, )Ire prires.sped malions,and con lions as described aro salisla— _
5 IrEE 1 Id nRGMF F�pRIDA,ry.}r)j;3 by accrpled You are aulhoriied In do file walk as!recilied ry 0°d are here 50%DfpOSI I pf"DI1111FO ON Al WORN IIAI Ay�f DI1F OI!
I^I'll DJ3 5u II .(`C) A)gyp 11001 !nx LlSnig7n A_lll Snpralwe t
Dale COMPI.r.NOR
This design is the property of the designer,and may nod be
reproduced 61 any manner widhoul wlillen pounission
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C(IL411L211 LL2[1 ClILE211L11L 1 — � _ ., -
REAL ESTATE and MORTGAGE BROKERS- - li-y, u '_<'f.,:.:
SHOPPING CENTER CONSULTANTS
7l01 COLLINS AVENUE
i I'.XCLUSIVE [.BASING AGENT MIAMI nEACII. FLORICA 111 {;
111y) 111�1419
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The In formation Management Company
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6954 N.W. 12 STREET, MIAMI, FLORIDA 33126
305-477-9149 •800-287-4799 • FAX 305-477-7526
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a photocopy in poor
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FC 017
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CITY OF DANIA '�
BUILDING PERMIT nhll
APP IL GTIpLI 1 BUILDING AND ZONING OEal. ay Ili —^�
/[ Fl/—(oe[uam rla be mace on of aoout the IalloWmq wen a[v alit,rmue•1. Lma umnalwn 4' —
a•T Secuon 30I.3 STEC. Puns must as on do dtlare mso6aaln wul be maa,
Obtain CIrooatl al accubenCi vom OsoL before usmq Canl CIVIC muwlnq.
owwu•Nua J . Folio No.
/NERE1rW SP>Uh 1.76aX.i-1ao,3
• .•/ �" ^ I' O/ Glit la, 'CAN.,INCLYa[[I CIT.VALY[ rf
37Y �,JyM A �cA7- //i'�/� - i)Rtv/p i swININcno-
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WORK I I OFt I I I
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�Y TOTAL awuoorla
,au 7a T) a'ALU(.Na 19991
Apish" n Is hereby Maas to Cdtaln a "Mit to do the Marls am Installations as mlc nenon
IAted. I cinity ins,no won of Idstallaban has been eHsctad anal Ip the IIsUAZ` al TltEH,T ErS t y
Iald do"T and that ell wed[will be benOMM to most ins[taMala[of all Jews nqutaonq
oodWAn M tm Gly of Carl wntlbeT Identified M this apalcatlnn am Accdmoannnq TOTAL AMOUM DUE
a4ns Ir not. I understand that a asberna dermrt must be secured for ELECTRICAL. I HJ
PLUMBINO. SIGNS, WELLS. POOLS, FURNACES, BOILERS, HEATERS, TANKS, AIRCON01•
TIONERS. ETC. pvT. AIIImrAL I AIR 1 r0L0 m[r1101
OWNLR'S AFFIDAVIT: I L ty fruit all won will be done to co m to all Federal, State. ZONING I u !-
Cmnty am city law,rYys•ntYutldrM am res mu loplatlnt conatructnn am Canlnq
am furs' suit,that m vrYatldn esnu an tn's ancoal seuot as noted undo lemurs.
STRUCTURAL
ctRTlnuT[ oI callennrcT HOLZ" I(IONAMMr Ib OWrtR 7 CawsR•aTona PLUMBING
"An end w. EMIT.oI r eal.Nd.
�FCES n 3i�c E/L a aoT6 yl % 1 ELECTRICAL
/J / ::.L•r, ?chit• .:.;a ai Ga::a MECHANICAL
My I—.. cu ;:;aa lulu i7. I)�S FIRE
RKMARKS
_xV Ai? ou •P1,2 p2la�tr- - 'Erns �-z 7I21+IYN )n
P)t71T10APub" IXpiD 7L4QI NEB Ir rJC—^ �^�TLLt tiu POL.l act .
MINIMUM FLOOR ELEVATION MUST RE HIGHEST OF l
APhICATION
IN1 ABOVE ROAD CROWN OR FT. M.S.L. APPROVED BY �
r•w resrn I MAN[Y. I our cswn•oo.
I '•w nun
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INSPECTOR'S REPORT
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NOTES I Vtc. rXv fOnlwa.rlXAu
Cai All
NHITE ninemor s Ccay; CANARY — ;its Copy; PINK — Auditor s .:_oy; COLDENROO — Aopucanr I Cacv
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The In formation Management Company
6954 N.W. 12 STREET, MIAM1, FLORIDA 33126
305-477-9149 • 800-287-4799 • FAX 305-477-7526
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FC 017 � /
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2.2 The title of a resolution of the City of Dania, F1cr:-a,
appointing William winkelhoiz to the Dania Houslnc
Authority until his successor is duly appointed was :
by Mayor Byrd. ---
A motion was made by Vice-Mayor Bertino, seconded t
Commissioner Cook to adopt the resolution appointinc_William winkelholz to the Dania Houslnc Authority. -.`.e
motion passed unanimously.
3. BIDS
Recommendation
3.1 Recommendation an bids for the installation of the
sanitary sewer system.
City Manager Marant , after bid tabulation and review c
John Calvin, City Engineer, recommended that the oid the sanitary sewer system rehabilitation phase T- of the
Year IX B1ocx Grant Sewer Improvements Project �84-
be awarded to the low bidder, CBG Construction, _4-1..3
i
the amount of $244,896.00.
c.
A motion was made by Vice-Mayor Bertino, seconded by
i Commissioner Cook to award the bid for the installac:cn
of the sanitary sewer system to CBG.,Construction, :r.c.
in the amount of $244,896.00. The motion passed
unanimously.
i 4. PUBLIC HEARINGS
Variances
4.1 PZ-32-84 - Joe Franchino, 217 SW 3rd Street
Joe Franchino stepped forward to request a variance t
allow a second unit to be added to a single family
residence in an RD 6000 ;Duplex) zoning classificatizn,
an a Lot of insufficient width, explaining that the
square footage is more than required and that he intents
to add on living quarters for a family member.
Mayor Byrd opened the Public hearing. Hear:no comments
in apposition to duplexes in general and comments i
support of the variance request, the Mavor closed t"'
public hearing.
j A motion was made by Commissioner Donly, seconded p
Vice-mayor Bertino to grant the variance to Joe
Franchino. The motion passed on the following :cl' -
vote: -
Commissioner Adams-yes ViCe-Mavor Berti.n.o-ves
Commissioner Cook-yes Mavor 3vrd-yes
Commissioner Donly-ves
At Vice-Mayor Bertino' s request, City Manager Marant was
directed to schedule a workshop meeting to review t-P
landscape ordinance requirements with regard to duplexes
�'-' and to agenda the 'item after the workshop_.
P2-36-34 - Flormi ,.V. , Meadoworcox Square, -7. C. 'aria
Beach 91vd. : "Dania Golf Course" .
A representative of Lee Management Inc. Realtors , as
agent for Meadowbrcok Shopping Center, stepped fprwart
to request a variance to erect a pole sign in excess t
50 square feet in a C-2 ' Commercial) zoning
classification, _ne sign tc be approximately square
feet.
' .0 n •'. a� PPI -
. . ..
Mayor 8vrd opened the public hearing, Hearin , _
comment ;n favor,
tenanc:ng the center be
that all the g Bill
Closed listed on the sign,
Public the Public hearing,
A motion was made by Commissioner Adams, amended and
seconded by Commissioner Oonly, eb grant
Meadcwbrook Shobping Center with the an thethe signla lon that :
should use wood fram:n Pulation that
buildings to enhance its appearance. The motionA
On the following with G„e
g roll call vote: Passes
commissioner Adams- -
commissioner Cook-yess Vice Mayor serti.
Commissioner Donl Mayor Svrd-yes n0-Yes
Y-yes
4.3 P:-37_84 - Theodore 3010tin, 945 S, FederalHighway.
Hitching Post Mobile Home . !Addressed before •
agenda :rem 2. ) Park
.Mayor Byrd read a Letter from George L, -
P,A„ requesting a continuance ge
to allow of the variance
Zoning s Assoc. ,
time to address comments 0f ante request
Zoning Board. the Planning and
A motion was made
adenby Vice-Mayor BereGno, seconded by
James Adams to
The motion f Y continuance of the variance reques- ,
ailed on the following roll call vote:
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-no
Commissioner Oonl y-no Mayor Byrd-no
A motion was made by Commissioner ponly, seconded by
Commissioner Cook to continue the variance
Theodore 8olotin for Hitching post .Mobile Home'
until September 18, 1984. reuest ov
followingThe motion Park
roll call vote: passed on the
Commissioner Adams-no
Commissioner Cook-yes Vice-mayor Bert:n o-no
Commissioner oonly-yes Mayor Byrc"Yes
5• SITE ?CANS - NONE
'' REQUEST TO PETrT:ON
Vacation of Right of way
5.1 ,?aquea= by Griffin h and Commercial ?1
ri P.A. to vacate right cf
f
dC.
Richard Gloss, Code Enforcement Officer, exoiained the
request :o vacate 15 ' of road ricnt_of_way f0c the
Griffin Commercial Plat in accordance with the Broward
County Trafficways Plan.
A motion was made cy Commissioner Obnly, seconded by
Commissioner Cook to waive PLatt:n ts and
o reou:remen
refer the 15 ' right-Of-wav vacation red e the
nanimcusiv, ^ n
?'_dnntn° and 'Zoning Board. The onion passed
PURCHASES - NONE
3• 'CCC?AT:ONAL LICENSES - NONE
�• ;GREc N,ENTS - NONE
. ?ROF__ALS - ';ONE
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MEMORANDUM
Memo Number: JC 97-22
Date: November 23, 1997
To: Mike Smith, City Manager
From: Jim Cali, Vice Mayor
i
Subject: Agenda Items - December 9, 1997 Commission Meeting
Mike, please put the following items on the agenda for discussion
i
and/or possible action:
Reuter Solid Waste Disposal Agreement
Now that the 120 day waiting period is over, please provide a complete
report on the status of this issue. Please be prepared to present to
the Commission your findings and recommendations so that we can bring
this matter to closure,
Restaurant Extended Hours License
Restaurants and Restaurant/Bars located in Dania are experiencing
problems competing with similar establishments located in surrounding
cities with Extended Hours Licenses. In order to provide a level
playing field for our Dania Restaurants and Restaurant/Bars, I am
proposing we amend our license code to allow our establishments to stay
open until 6 A.M. . Attached is a Proposed Restaurant Extended Hours
License code fashioned from the existing codes from our neighboring
cities.
y.
CLOBUS,
MCLEMORE
s ,�t97
DUKE INC.
November 3, 1997 I'J'1I Since 1975
L UI J ROBERT D. CLOBUS,MAI, SRA
State Certified General Appraiser RZ0000016
SCOTT M. McLEMORE,MAI, BRA
Slate Cerohed General Appraser RZ0000333
Michael W. Smith WALTER B.DUKE, III, MAI
City Manager Slate Certified General Appraiser RZOOW375
City of Dania
100 West Dania Beach Boulevard
P.O. Box 1708
Dania, Florida 33004
Re: Real Estate Appraisal on
Project 95-038-P56iWhiskey Creek Conservation Campground
Dania, Florida
Dear Mr. Smith:
This engagement letter is in response to your written solicitation for appraisal bids, dated
October 15, 1997, regarding the appraisal of two (2) beachfront sites located within the
Whiskey Creek Conservation area.
Clobus, McLemore & Duke, Inc. will prepare two (2) Complete Appraisals and comply with
the following conditions:
1. The Appraisal Reports will be prepared in accordance with Attachment "On of the
Florida Communities Trust (FC7) Appraisal Report Format Manual. In addition, the
Appraisals will be in a Self-contained format which will comply with the reporting
requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of
Professional Appraisal Practice (USPAP).
2. The intended use of the appraisal is to establish an equitable price for the Florida
Communities Trust (Fill in acquiring the sites for the City of Dania.
3. All information pertinent to this assignment will be provided to the firm of Clobus,
McLemore & Duke, including, but not, limited to:
• Legal Description
• Site Surveys or drawings, including site size and mean high
water lines
a Title and Ownership Information
• Inspection and access information
I
4101 Ravenswood Road, Suite 226 • Fort Lauderdale, Florida 33312.5352 • Tel: (954) 587-2701 • Fax: (954)587-2702
REAL ESTATE APPRAISERS • CONSULTANTS • MARKET ANALYSTS • LICENSED REAL ESTATE BROKER
µ \
Mr. Michael W. Smith
November 3, 1997
Page 2
4. The time for completion of the appraisal is estimated to be approximately between
seven and eight weeks from the time all of the items in the above paragraph are
available. Our time estimate to complete the appraisal is our best estimate of the
same. However, we cannot be held responsible for events which may prevent us from
completing the report as stated above, and we are not responsible for any financial
loss which the client may claim as resulting from the same.
5. Five copies of the appraisal will be produced. When completed, the reports will be
delivered to the Florida Communities Trust (FTC) per their instructions.
6. The fee for this appraisal is $9,250. The entire balance is due and payable upon
receiving the reports.
7. It is expressly agreed that this fee is not contingent upon a predetermined value
conclusion and that the report is accepted subject to the contingent and limiting
conditions contained in the report. A copy of these conditions are available for your
review at our office during normal business hours.
j 8. The appraisals will represents the appraiser's opinion of a market value under
conditions described herein. There is no warranty that the property will sell for the
indicated appraised value or that any amount of money will be loaned to the client with
the subject used as security.
9. In the event that it is necessary to institute collection proceedings or employ an
attorney to collect any part of the appraisal fee, the client agrees to pay any and all
collection fees or costs and also any and all attorneys fees and court costs expended
by the appraiser. Florida Statute 475 permits liening of a property for non-payment of
appraisal fees.
10. The terms and conditions of this proposal are in effect for 14 days after the date of
this letter. Any of the terms and conditions are subject to change after that date.
If khese conditions are acceptable to you, please sign and return this letter to me. We look
fi rw\ard to this challenging and difficult appraisal assignment.
Vlty truly yours,
CL11\OBUS, McLEMORE & DUKE, INC. AGREED TO AND ACCEPTED:
Scott . McLemore, MAI, SRA
Exe uti Vice President Signature
,l State-, ertifed General Appraiser No. 0000333
SMM/ac
[Dw,a.wh1$k*y.cra*k.1wd1 Dated
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David A. Pederson, MAI elate a e r
President FT.LAUDERDALE OFFICE
•
Slateoert.gen.appr.0000686 4608 North Federal Highway
Fort Lauderdale,Florida 33308
George Vice
Trask, Telephone: (954)776.1300
, Executive Vice Presidentt
State-cert.gen.appr.0001244 Fax: (954)776.5929
November 18, 1997
dania.let
1
Michael W. Smith, City Manager ✓�
100 W. Dania Beach Blvd.
P.O. Box 1708
Dania, FL 33004
Re: Request for Fee Proposal -Appraisal Services
Project No.: 95-038-P56/Whiskey Creek Conservation Campground
County: Broward
Dear Mr. Smith:
I have reviewed the information you transmitted along with your October 29, 1997 letter
concerning the above referenced property. I understand that Florida Communities Trust will be
reviewing the appraisal. The appraisal problem is complex in that the land involved is ocean front
and lacks access. There will be very limited market data available for analysis. The cost of
completing an appraisal of this property would be $7,500. The time frame to complete the
appraisal would be 60 days.
Thank you for asking me to submit this proposal. I look forward to the opportunity of being of
service to the City of Dania.
Sin�grely,
G. Az;�
David A. Pederson,MAI
State Certified General Real Estate Appraiser No. 0000686
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HINTON & ASSOCIATES, INC.
APPRAISERS • CONSULTANTS 2701 EAST SUNRISE BOULEVARD,SUITE 416
FORT LAUDERDALE,FLORIDA 33304
EDGAR J.WOOLSLAIR, MAI (954)564.2661 FAX(954)565.5243
State-Certified General Appraiser
License No.RZ 0001487
November 10, 1997
Mr. Michael W. Smith, City Manager
City of Dania
100 W. Dania Beach Blvd.
P. O. Box 1708
Dania, FL 33004
Re: Project #05-038-P56/WhiskeyCreek
Property Conservation Campground
City of Dania
Dear Mr. Smith:
I have reviewed the requirements and made an aerial and survey map inspection
of the two parcels in the above referenced project #95-038-P56/Whiskey Creek
Conservation Campground located north of the Dania Beach Pier.
Because of the lack of access, this assignment is anticipated to be difficult
My estimated fee is based on $125 per hour for myself and $75 per hour for my
associate. I am setting an upper amount of $7,900 for both parcels, which is equivalent
to$3,750 each.
My requested time frame for delivery is 60 calendar days.
Very truly yours,
HINT & SSOCIATES, INC(.
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Robert T. Hinton, MAI, SREA
State-Certified General Appraiser
License No. RZ 0000551
RTH/ar
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o�QPPt O MrDRy°G U.S. Department of Housing and Urban Development
�SMEN7°R
a1 z Florida State Office Southeast/Caribbean o� °cam
1320 South Dixie Highway, 5th Floor C i
°09 16i t Qom taCoral Gables, FL. 33146-2911 aN DEVE O
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December 1, 1997 �o�DEVE�oQ
sm
Honorable Bob Mikes <,
Mayor, City of Dania n .14
100 W. Dania Beach Blvd. v
Dania, FL 33 004-3699
Dear Mayor Mikes:
The Public Housing Management Assessment Program (PH MAPI
implements Section 502 (a) Of-the National Affordable Housing Act
of 1990 (NAHA) , and evaluates the performance of public housin
agencies (PHAs) in major areas of management operations . g
PHMAP provides an objective system for measuring PHA
performance using standard criteria for all PHAs . With PHMAP,
HUD will be able to identify deficiencies in a PHA' s management
areas and take corrective actions.
PHAs can utilize this assessment to conduct internal audits
of their operations and correct identified deficiencies . The
results of the assessment can be utilized by a PHA' s Board of
Commissioners and Executive Director, resident organizations, and
the community, to understand more comprehensively the PHA' s
operations.
To ensure that those elected to represent the public are
informed of the performance of the PHAs within their purview, we
are enclosing the Housing Authority of the City of Dania' s final
total weighted PHMAP score 30, 1996. for fiscal year ending (FYE) September
Authority's You should
final Dehave any question regarding the Housing
PHMAP Coordinator, at ( score,305) 662-4589, extensionE2269. Casey,
Very sincerely yours,
Karen Cato- urner
Director
Office of Public Housing, 4DPH
Enclosure
i
For more information on HUD programs and what's new at HUD, visit HUD's Home Page on the World
Wide Web at http://www hud gov/
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pPZpAENTO,y U.S. Department of Housing and Urban Development
Florida State Office, Southeast/Caribbean
1320 South Dixie Highway, 5th Floor ,dW 1
Coral Gables, FL. 33146-2911 �'�+/1
1,^n r� 1,997
9egN 0F'J a '` 2 1JDI
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Ms . Jane Silvernale
Chairperson, Board of Commissioners
Housing Authority of Dania
71 SW Dania Beach Blvd.
Dania, FL 33004-3227
Dear Ms. Silvernale :
The purpose of this letter is to inform you of the Housing
Authority of the City of Dania' s total weighted Public Housing
Management Assessment Program (PHMAP) score and status, the grade
of each indicator that was included in the PHMAP assessment, and
determinations concerning modification and exclusion requests.
The total weighted PHMAP score for the assessment of its
fiscal year ending (FYE) September 30, 1996 , is 72 . 63 percent .
This percentage score is derived from dividing the actual number of
points by the potential maximum number of points with the ratio
multiplied by 100 .
The data in the enclosed Scoring Report shows the indicator
name and grade for each indicator and components within indicators,
and the total weighted PHMAP score for FYE September 30 , 1996 .
Modification Request and Exclusion Request
The PHA did not request modifications or exclusions to its
1996 PHMAP assessment . However, we have excluded the following
indicators as noted:
Indicator 2 - Modernization: Indicator 12 - Development
These indicators are excluded from the calculation of your
score, because your PHA had no active Modernization or Development
programs at FYE September 30 , 1996 .
The PHA received a presumptive grade of "C" for indicator
number 4, Energy Consumption; and a presumptive grade of "F" , for
indicator number 9 , Operating Reserves. Final grades will be
issued for both indicators when year-end adjustments are received
by this office.
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Your PHA received a grade of "D" for indicator number 5, Unit
Turnaround; a grade of "F,, for indicator number 8, Tenants Accounts
Receivable; a grade of "F' for indicator number 9, operating
reserves; and a grade of "F" for indicator number 10 , Routine
Operating Expenses . The PHA shall be required to submit an
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Fold L£S4 E99 S6£ TV:9T L66T-b0-03G
Improvement Plan (IPY to correct these deficiencies if not
corrected within 90 calendar days after the date of final appeal,
when the score becomes final (if an appeal is submitted this date
would change) . The IP shall (1) identify each uncorrected
deficiency indicated in the PHA' s PHMAP assessment; (2) describe
the procedures that will be followed to correct each deficiency;
and (3) provide a timetable for the correction of each deficiency.
The PRA's total weighted PHMAP score is 138 (72.63 percent) .
A pHA which achieves a total weighted PHMAP score of less than
90 percent, but not less than 60 percent is designated as standard.
As a result of the total weighted PHMAP score, the pHA is hereby
designated as standard.
The PHA may appeal its management assessment rating on the
basis of data err ore, or highly unusual circumstances that occurred
after the submission of its certification. The PHA must
demonstrate that a successful appeal will have a significant impact
on its score (e.g. , at least a 5 percents point increase) . If the
PHA submits an appeal, it shall produce new documentation not
submitted at the time it submitted its annual certification.
Please refer to theffie n PHMAP Handbook 7460.5, as xeviehdg
paragraphS2 and 3 . The s
days of the datepofl shall be this letterreceived by
f no ann_ is zeceived within 15 d s this letter will.
serve as vour _f
Core and status or for 1996 PHMAP
sass s_ m� ent. notwithstanding any score changes that may result from
submission of adjustments, i.e. on presumptive scares issued with
this report for Indicator number 4 and Indicator number 9.
If the pHA would like assistance from this Office in the
correction of any deficiencies identified as a zesult of the PHMAP
assessment or suggestions for means of improving problem areas,
please contact Donna J. Ayala, PHMAP Coordinator, at (904)
232-1795, or you may contact Phillip Aldridge, Senior Public
Housing Specialist at (305) 662-4589.
very sincerely yours,
KareCato-Turner
Dire or
Office of Public Housing, 4DPH
Enclosure
CC: Mr. David Nevel
Executive Director
Housing Authority of the
City of Dania
715 West Dania Reach Boulevard
,nn ,1 -ccn 710 ere =ir n+ r l'lna FjirT(I I.r 1f) fj an 1c VT: cr:ur i All il hl1- ' i70
r
.,3/11/97 Management Assessment Program Page: 1
Scoring Report All Iterations
PHA: DANIA PHA CODE: FL116
PHA's Assessed With FYE(s) : 00/30/1996
FO 0429
PHA's FYE:09/30/96
Overall Ratings: 72.63 Initial HQ
Indicator Initial Modif. Appeal Appeal
1. Vacancies B 8.50 B 8.50
2 . Modernization
Unexpended ;Funds
Timeliness of Funds Obligation
Contract Administration
Quality of Physical Work
Budget Controls
3. Rents Uncollected A 10. 00 A 10. 00
4. Energy Consumption C 7. 00 C 7.00
5. Unit Turnaround D 5.00 D 5.00
I
6. Outstanding Work Orders A 10. 00 A 10.00
7. Annual Inspection & Condition of Units A 10. 00 A 10.00
Sys. to Track Inspections and Repair A 10.00 A 10.00
Annual Inspection of Units A 10.00 A 10.00
Correction of Unit Deficiencies A 10.00 A 10.00
Inspection and Repair of Systems A 10.00 A 10.00
8. Tenants Accounts Receivable F 0.00 F 0.00
9. Operating Reserves F 0.00 F 0.00
10. Routine Operating Expenses F 0 .00 F 0.00
11. Resident Initiatives F 0.00 B 8.50
12. Development
Contract Administration
Timeliness of Development
Quality of Physical Work
Budget Controls
Comments of last iteration:
2 . Indicator excluded due to no Modernization Program.
4. Presumptive based on data for FYE 09/30/1995.
11. FO correction
12 . Indicator excluded due to no Development Program.
1
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CITY OF DANIA
MEMORANDUM
FINANCE DIRECTOR/CITY CLERK
TO: Mayor and Commissioners
FROM: Marie Jabalee, Finance Director/City Clerk
RE: Budget Advisory Committee
j DATE: October 23, 1997
i
Attached is the attendance record for the Budget Advisory Committee per the
Commission's request. Please advise if you want the Committee to continue meeting
now that the 97/98 budget has been approved.
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G:IDOCS1ti UDG ETA DVIATTENDANCE.doc
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BUDGET ADVISORY BOARD
ATTENDANCE
DATE COATSWORTH CORBIN JEWELL SPIES SOWDEN
5/6/97 p A P P P
6/10/97 P p P P p
6/24/97 P P P A A
7/8/97 p A A P A
7/22/97 p A P P A
8/12/97 p P P
P A
8/26/97 MEETING CANCELLED
9/9/97 P A A P NO QUORUM
10/14,97 P A A P NO QUORUM
G.�DOCSIB UDGETAD V\,\TTENDANCE.Juc
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MEMO
TO: Mayor and Commissioners
FROM: Marie Jabalee, Finance Director/City Clerk
RE: Board Appointments
DATE: October 23, 1997
Below is a list of Commission appointments that still need to be made. For your
review and information, I have attached a list of each Commissioners
appointments and those appointments that are still needed. Please complete the
attached appointment form and submit it to my office when you make your
appointments.
AIRPORT ADVISORY BOARD
Commissioner Hyde 1
BUDGET ADVISORY COMMITTEE
Commissioner Etling 1
COMMUNITY AFFAIRS ADVISORY BOARD
Commissioner Hyde 1
DANIA ECONOMIC/DOWNTOWN REDEVELOPMENT
Commissioner Hyde I
Commissioner Etling 1
MARINE ADVISORY BOARD
Commissioner Hyde
Vice-Mayor Cali 1
Mayor Mikes 1
OCCUPATIONAL LICENSE REVIEW COMMITTEE
Commissioner Etling 1
Commissioner Hyde 1
Mayor Mikes 1
HOUSING AUTHORITY
Mayor Mikes 1
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CODE ENFORCEMENT BOARD. 7 MEMBERS 2 ALTERNATES-
COMMISSION APPOINTMENTS
Current Commission Appointments:
Peggy Breeschoten , 3/25/97—Businessperson
Richard Bettor—Real Estate person
Alex Buchsbaum—in lieu of an Engineer
Jimmy Peterman—in lieu of an Architect
Beulah Lair—in lieu of an General Contractor
Tim McCleod - I Plumbing/Mechanical Sub-contractor
William Sargent- I Electrical Sub-contractor)
Donna Mathis& Stacey Costello- alternates
UNSAFE STRUCTURES BOARD. 9 MEMBER BOARD COMMISSION
APPOINTMENTS-
Current Commission Appointments:
Richard Bettor, 3/25/97-Real Estate Property Manager
Harry Hipler, 3/25/97—Attorney
Sam Jolley, 3/25/97—Plumber
C.P. Hill, Engineer
Frank Hill, General Contractor
William Sargent, Electrical Contractor
Brenda Miller, Citizen experienced in social problems
Neal Aronson, Architect
Robin Coatsworth, Real Estate Appraiser
2
G:\DOCS\Min97NIAa25APPTS_d„c
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s
COMMISSIONER BERTINO:
APPOINTMENTS MADE
NO APPOINTMENTS NEEDED
Airport Advisory Board
Alex Buchsbaum
Billy Phipps
David DePriest NONE
Budget Advisory Committee
Eugene Jewell NONE
Community Affairs Advisory Board
Kathryn Philpot
Vera Kelly NONE
Dania Economic Development
and Downtown Redevelopment Board.
Maryann Signore. NONE
Richard Lehmann
Human Relations Board
Helen Udell NONE
Alex Buchsbaum
Marine Advisory Board
Craig McAdams
Louis Webb
Ron Spencer NONE
Occupational License Review Committee
Cecil Smart NONE
Parks& Recreation Advisory Board
Patty Pucille NONE
Cynthia Wilkins
Planning&Zoning Board
Kevin Pierson NONE
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j1 cAn0cswra97\Mne25nrrrs..aoc
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COMMISSIONER ETLING
APPOINTMENTS MADE APPOINTMENTS NEEDED (3)
Airport Advisory Board
Kimberly Lopes I
Jay Field
Alex Ortiz(resigned)
Budget Advisory Committee
NONE I
Community Affairs Advisory Board
Bob Fronek NONE
Patricia Hart
Dania Economic Development
and Downtown Redevelopment Board.
Alex Ortiz
Carol Christ-Moral NONE
Human Relations Board
Merita Mitchell
Margaret Smart NONE
Marine Advisory Board
Charlie McKenna NONE
Raymond Lair
Glenn Jermaine
Occupational License Review Committee
NONE
Parks& Recreation Advisory Board.
John DaiZovi NONE
Tim Cates
Planning& Zoning Board
Josh Dresser NONE
*Richard Sowden resigned
4
c:\D0cS\n1ine7\n1Aa25nrP rs..doe
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COMMISSIONER HYDE
APPOINTMENTS MADE APPOINTMENTS NEEDED (5)
Airport Advisory Board
Beulah Lair I
Victor Lohmann
Budget Advisory Committee
Myrtle Corbin NONE
Community Affairs Advisory Board
Mary Barrett I
Peggy Breeschoten (Resigned)
Dania Economic Develonment
and Downtown Redevelopment Board.
Joel Azrikan. I
Human Relations Board
Bob Adams NONE
Janice Peterman
Marine Advisory Board
Debbie Helmlinger
Douglas Heller
Occupational License Review Committee
NONE
Parks& Recreation Advisory Board.
Craig Redesel NONE
Diane Curry
Planning & Zoning Baud
Pat Janowski NONE
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VICE-MAYOR CALI
APPOINTMENTS MADE APPOINTMENTS NEEDED (1)
Airport Advisory Board
Lisa Rogers NONE
David Pettis
Thomas Grammer
Budget Advisory Committee
Judith Coatsworth NONE
Community Affairs Advisory Board
Mary Tuten NONE
Sophie Steele
_Dania Economic Development
and Downtown Redevelopment Board.
Phil Miller
Edward Steinberg, DDS NONE
Human Relations Board
Greg Meyer NONE
Shirley Seay
Marine Advisory Board
Linda Nigro
Clive Taylor
Occupational License Review Committee
Sophie Steele NONE
Parks& Recreation Advisory Board
Dede Allen NONE
Deanna Jagemann
Planning &Zoning Board
Jason Dubow NONE
G ADOCS W in97WA R25A PPTS..doc 6
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MAYOR MIKES
APPOINTMENTS MADE APPOINTMENTS NEEDED (3)
Airport Advisory Board
Ann Castro NONE
Cathy David
Jay Topper
Budget Advisory Committee
AI Spies NONE
Community Affairs Advisory Board
Beulah Lair NONE
Vito Mancino.
Dania Economic Development
and Downtown Redevelopment Board.
Patty Hart
M. P. Malone NONE
Housing Authority
Sullivan Rodriguez(term expires 11/I/97) 1
Human Relations Board
Mildred Jones
Judy Usifer NONE
Marine Advisory Board
Bill Wosenitz
Frank Ventimiglia
Occupational License Review Committee
NONE
Parks& Recreation Advisory Board
Marco Salvino
Craig McAdams NONE
Planning&Zoning Board
Victor Lohmann
NONE
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CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 11/25/97
1 NAME,OF BOARWMEMBERS DATE NOMINATED TERM BEGINS TERM EXP.' APPOINTING COMMISSIONER ? STAFF!LIAISON2
j RESOLUTION#
i AIRPORT ADVISORY BOARD:(2 year terms)
1. Alex Buchsbaum 03/25/97 03/18/97 03/16/99 21-97 Bertino Terry Virta, GMD
2. Billie(Hilary) Phipps 04/08/97 03/18/97 03/16/99 42-97 Bertino
3. David DePriest 08/26/97 03/18/97 03/16/99 120-97 Bertino
4. Lisa Rogers 05/13/97 03/18/97 03/16/99 73-97 Cali
Ii 5. David Pettis 06/24/97 03/18/97 03/16/99 95-97 Cali
6. Thomas Grammer 07/08/97 03/18/97 03/16/99 102-97 Cali
7 Kim Lopes 04/08/97 03/18/97 03/16/99 42-97 Etling
8, Jay Field 04/08/97 03/18/97 03/16/99 42-97 Etling
9. Alex Ortiz 04/08/97 03/18/97 03/16/99 42-97 Etling
10, Beulah Lair 03/25/97 03/18/97 03/16/99 21-97 Hyde
11. Victor Lohmann 03/25/97 03/18/97 03/16/99 21-97 Hyde
1 12. Vacant 03/18/97 03/16/99
Hyde
13. Ann Castro
03/25/97 03/18/97 03/16/99 21-97 Mikes
14. Cathy David 03/25/97 03/18/97 03/16/99 21-97 Mikes
15. Jay Topper 05/27/97 03/18/97 03/16/99 84-97 Mikes.
BUDGET ADVISORY COMMITTEE(2 year terms)
1. Eugene Jewell 03/25/97 03/18/97 03/16/99 22-97 Bertino
2. Judith Coatsworth 04/08/97 03/18/97 03/16/99 43 03/18/97 03116/99 Etling-97 Cali Marie Jabalee
3. Vacant Finance Dir.
4. Myrtle Corbin 03/25/97 03/18/97 03/16/99 22-97 Hyde
5. Al Spies 03/25/97 03/18/97 03/16/99 22-97 Mikes
CIVIL SERVICE BOARD(4 year terms)
(1) Kurt Ely 03/25/97 04/01/96 04/01/2000 23-97 Comm.Appt. Monica Griffith
(2) Hugo Renda 03/22/94 04/01/94 04/01/98 44-94 Comm.Appt. Personnel Dir.
(3) Eula Gardner 09/12/97 04/01/96 04/01/2000 134-97 Employee Elected
(4) Bruce Caruso 10/13/95 04/01/94 04/01/98 150-95 Employee Elected
(5) Bertha Snell 09/12/97 04/01/94 04/01/98 134-97 Citz.nom.by Comm/Elected by employees
ALTERNATES:
(6) Patrick Santeramo(Alt.) 04/08/97 04/01/96 04/01/2000 49-97 Comm.Appt. Alternate
(7) John Williamson(Alt) 09/12/97 04/01/96 04/01/2000 134-97 Employee Elected
(8) Clara Randall(Alt) 09/12/97 04/01/96 04/01/2000 134-97 Cit.nom. by Comm/elected by employees
12/4/97(BOARDS-BDSUMMARYMAR97.DOC) )
I
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 11/25/97
NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF LIAISON
RESOLUTION#.
j CODE ENFORCEMENT BOARD:(3 year terms)
1
(1)Richard Bettor(R/E Person) 04/23/96 11/11/95 11/11/98 48-96 Comm. Appt. Terry Virta, GMD. &
jJ (2)Tim McLeod (Plumber/Mechanical Subcon.) 10/14/97 11/11/97 11/11/2000 Comm. Appt. Spence Johnson
(3)Alex Buchsbaum(Lieu of Engineer) 10/14/97 11/11/97 11/11/2000 Comm. Appt.
(4)Jimmy Peterman(Lieu Architect) 10/14/97 11/11/97 11/11/2000 Comm. Appt.
(5)Beulah Lair(Lieu Gen.Con) 04/23/96 11/11/96 11/11/99 48-96 Comm. Appt.
? (6) Peggy Breeschoten(Businessperson) 03/25/97 11/11/95 11/11/98 24-97 Comm. Appt.
11 (7)William Sargent(Electrical Sub-Contractor) 04/08/97 11/11/96 11/11/99 50-97 Comm. Appt.
ALTERNATES:
(8) Donna Mathis(Alternate 04/08/97 09/08/95 09/08/98 50-97 Comm. Appt.
(9 Stacey Costello(Alternate) 04/08/97 09/08/95 09/08/98 50-97 Comm. Appt.
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i COMMUNITY AFFAIRS ADVISORY BOARD (10 members-2 year terms)
(1) Kathryn Philpart 04/08/97 03/18/97 03/16/99 44-97 Bertino Kristen Jones
(2) Vera Kelly 08/26/97 03/18/97 03/16/99 121-97 Bertino Parks& Rec. Dept.
(3) Mary Tuten 04/08/97 03/18/97 03/16/99 44-97 Cali
1 (4) Sophie Steele 06/24/97 03/18/97 03/16/99 98-97 Cali
(5) Bob Fronek 07/08/97 03/18/97 03/16/99 103-97 Etling
(6) Patricia Hart 07/08/97 03/18/97 03/16/99 103-97 Etling
{ (7) Mary) Vacant Barrett 03/25/97 03/18/97 03/16/99 25-97 Hyde
(9) Beulah Lair 03/18/97 03/16/99 Hyde
03/25/97 03/18/97 03/16/99 25-97 Mikes
(10) Vito Mancino 03/25/97 03/18/97 03/16/99 25-97 Mikes
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DANIA ECONOMIC/DOWNTOWN REDEVELOPMENT BOARD (2 year terms)
(1) Maryann Signore 03/25/97 03/18/97 03/16/99 26-97 Bertino Terry Virta, GMD
X (2) Richard Lehman 05/13/97 03/18/97 03/16/99 74-97 Bertino
(3) Philip Miller 04/08/97 03/18/97 03/16/99 45-97 Cali
!!! (4) Edward Steinberg, DDS 06/24/97 03/18/97 03/16/99 99-97 Cali
(5 Vacant 03/18/97 03/16/99 Etling
(6) Carol Christ-Moral 04/22/97 03/18/97 03/16/99 55-97 Etling
(7)Joel Azrikan 03/25/97 03/18/97 03/16/99 26-97 Hyde'
(8) Vacant 03/18/97 03/16/99 Hde
(9) Patty Hart 09/09/97 03/18/97 03/16/99 135-97 Mikes
7 (10) M.P. Malone 09/09/97 03/18/97 03/16/99 135-97 Mikes
1 12/4197(BOARDS-BDSUMMARYMAR97.DOC)
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CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
i DANIA BOARDS UPDATED AS OF 11/26/97
�) NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF:LIAISON
RESOLUTION #'
GENERAL EMPLOYEES PENSION BOARD
(1)Vice Mayor Jim Cali(4 year term) 03/25/97 03/18/97 03/2001 27-97 Comm. member M.Jabalee
(2)Myrtle Corbin (2 yr term) 07/23/96 06/23/96 06/23/98 69-96 Comm.Appt. City Clerk
(3)Richard Eglinas (2 yr.term) 06/10/97 06/23/97 06/23/99 90-97 Comm.Appt
(4)Marie Jabalee(3 yr.term) 06/26/95 06/23/95 06/23/98 Emp.Elected
(5)Lou Ann Cunningham (3 yr.term) 06/20/97 06/23/97 06/23/2000 Emp.Elected
HOUSING AUTHOR/TY(4 YR.TERMS)
(No staff Assignments for this board—Mayor appointees)
(1)GloriaDaly (Chairperson) I _ , 10/08/96 11/1/96 11/1/2000 104-96 NO STAFF ASSIGNED
(2)Sullivan Rodriguez L� � 11/23/93 11/01/93 11/01/97 190-93
(3)Barbara Bullock 1I 01/10/95 11/01/94 11/01/98 07-95
(4)Tom Sette 10/08/96 11/1/96 11/1/2000 104-96
(5) Bill Winkelholz 03/25/97 11/01/95 11/01/99 34-97 Complete J. Usifer term
(6)June Silvernale 06/27/95 06/01/95 06/01/99 106-95
(7)) Everette Rickman 09/10/96 06/01/95 06/01/99 85-96
HUMAN RELATIONS BOARD(2 year terms)
(1) Helen Udell 03/25/97 03/18/97 03/16/99 28-97 Bertino Monica Griffith
(2) Alex Buchsbaum 03/25/97 03/18/97 03/16/99 28-97 Bertino Personnel Dir.
(3) Greg Meyer 04/08/97 03/18/97 03/16/99 46-97 Cali
(4) Shirley Seay 04/08/97 03/18/97 03/16/99 46-97 Cali
(5) Merita Mitchell 03/25/97 03/18/97 03/16/99 28-97 Etling
(6) Rev. Margaret Smart 08/26/97 03/18/97 03/16/99 122-97 Etling
(7) Bob Adams 03/25/97 03/18/97 03/16/99 28-97 Hyde
(8) Janice Peterman 05/27/97 03/18/97 03/16/99 86-97 Hyde
(9) Mildred Jones 03/25/97 03/18/97 03/16/99 28-97 Mikes
(10)Judy Usifer 04/22/97 03/18/97 03/16/99 56-97 Mikes
MARINE ADVISORY BOARD(2 year terms— 15 members)
(1)Craig Mc Adams 03/25/97 03/18/97 03116/99 29-97 Bertino Mardie Holloway
(2) Louis Webb 04/08/97 03/18/97 03/16/99 47-97 Bertino' Parks &Rec. Dept.
(3) Ron Spencer 08/26/97 03/18/97 03/16/99 123-97 Bertino'
(4) Linda Nigro 06/24/97 03/18/97 03/16/99 96-97 Cali
(5)Clive Taylor 09/09/97 03/18/97 03/16/99 136-97 Cali
(6)Vacant 03/18/97 03/16/99 Cali
12/4/97(BOARDS-BDSUMMARYMAR97.DOC) 3
CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 11/25/97
{ NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER STAFF LIAISON
RESOLUTION#
l MARINE ADVISORY BOARD(15 members-continued)
(7)Charlie McKenna 03/25/97 03/18/97 03/16/99 29-97 Etling
(8) Ray Lair 05/27/97 03/18/97 03/16/99 83-97 Etling(9) Glenn Germaine 05/27/97 03/18/97 03/16/99 83-97 Etling
{ (10)Debbie Helmlinger 03/25/97 03/18/97 03/16/99 29-97 Hyde'
I (11) Douglas Heller 04/08/97 03/18/97 03/16/99 47-97 Hyde
(12) Vacant 03/18/97 03/16/99 y
(13) William Wosenitz Hyde
I 03125/97 03/18/97 03/16/99 29-97 Mikes
(14) Frank Ventimiglia 06/10/97 03/18/97 03/16/99 91-97 Mikes
(15) Vacant 03/18/97 03/16/99 Mikes
1 OCCUPATIONAL LICENSE REVIEW ADVISORY BOARD(2 year terms)
1. Cecil Smart 08/26/97 03/18/97 03/16/99 124-97 Bertino Eula
2. Sophie Steele 05/27/97 03/18/97 03/16/99 87-97 Cali Bldg Gardner
3. Vacant 03/18/97 03/16/99 Bldg. Dept.
4. Vacant Etling
03/18/97 03/16/99 Hyde
5. Vacant 03/18/97 03/16/99
Mikes
PARKS&RECREATION ADVISORY BOARD(2 year terms)
(1) Patti Fuccile 03/25/97 03/18/97 03/16/99 30-97 Bertino(2) Cynthia Wilkins 03/25/97 03/18/97 03/16/99 30-97 Bertino Kristen Jones
1 (3) Dede Allen 04/08/97 03/18/97 03/16/99 48-97 Cali Parks & Rec. Dept.
(4) Deanna Jagemann 04/08/97 03/18/97 03/16/99 48-97 Cali
3 (5)John Dai Zovi 04/08/97 03/18/97 03/16/99 48-97 Etling
(6)Tim Cates 04/08/97 03/18/97 03/16/99 48-97 Etling
(7) Craig Redesel 03/25/97 03/18/97 03/16/99 30-97 Hyde
(8) Diane Curry 03/25/97 03/18/97 03/16/99 30-97 Hyde
(9) Marco Salvino 03/25/97 03/18/97 03/16/99 30-97 Mikes
(10)Craig McAdams 04/22/97 03/18/97 03/16/99 57-97 Mikes
JjJ PLANNING AND ZONING BOARD:(2 year terms) o- ///� O
(1) Kevin Pierson 11/25/97 03/18/97 03/16/99 � Gt°
(2) Jason Dubow O6l24/97 03118/97 03116199 97-97 Bertino Terry Virta, GMD.
(3)Josh Dresser li
03/25/97 03/18/97 03/16/99 31-97 Etling
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12/4/97(BOARDS-BDSUMMARYMAR97.DOC) 4
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CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 11/25/97
NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER' STAFF LIAISON i;' ,
RESOLUTION# ,
j PLANNING AND ZONING BOARD continued
(4) Pat Janowski
(5)Victor Lohmann 03/25197 03/18/97 03/16/99 31-97 Hyde
03/25/97 03/18/97 03/16/99 31-97 Mikes.
POLICE AND FIRE PENSION BOARD:(2 year terms) PER STATE STATUTES
(1)Cathy David 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt. Sonny Brown
(2) Robert Donly 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt. Pension Office
(3)Beulah Lair 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt
(4)Wardell Lee 03/25/97 03/18/97 03/16/99 32-97 Comm. Appt
(5)Eugene Jewell 04/16/97 03/18/97 03/16/99 54-97 91h(6)Vinson Marlin(Police Rep) 04/17/97 03/18/97 03/16/99 member-Bd.of Trustees
P.D. Elected
(7)Larry Rogers(Police Rep) 04/17/97 03/18/97 03/16/99 P.D.Elected
Michal Brown(Fire Rep.) 04/07/97 03/18/97 03/16/99
(9)Patrick ePatte son(F a Rep.) 04/07/97 03118/97 03/16/99 F.D. Elected
F.D. Elected
11 UNSAFE STRUCTURES BOARD:(3 year terms)
1
(1)Richard Bettor 03/25/97 03/12/97 03/12/2000 33-97
{ (2)Harry Hipler 03/25/97 03/12/97 03/12/2000 33-97 (Real Est. Prop. Mgr Ken Koch
(3)Sam Jolley 03/25/97 03/12/97 03/12/2000 33-97 (Attorney) & Eula Gardner
j (4)C.F. "Bill' Hill (Plumbing Contractor)
05/09/95 03/12I95 03/12/98 67-95
1 (5)Frank Hill 02/15/95 03/12/95 03/12/98 25.1-95 (Engineer)
(6)William Sargent 06/13/95 03/12/95 03/12/98 98-95 (Gen. Contractor)
(7)Brenda Miller 07/09/96 03/12/96 03/12/99 65-96 (Elect. Contractor)
(8)Neal Aronson 07/09/96 03/12/96 03/12/99 65-96 (Cit.exp.social prob)r
(9)Robin Coatsworth 04/08/97 03/12/96 03/12/99 51-97 (Architect)
(Real Est.Property Appraiser)
OUTSIDE DANIA APPOINTMENTS
NEW RIVER TASK FORCE
Commissioner Hyde 06/25/91
12/4197(BOARDS-BDSUMMARYMAR97.DOC) 5
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CITY OF DANIA
SUMMARY OF
BOARD AND COMMITTEE MEMBERS
DANIA BOARDS UPDATED AS OF 11/25/97
NAME OF BOARD/MEMBERS DATE NOMINATED TERM BEGINS TERM EXP. APPOINTING COMMISSIONER - STAFF LIAISON'
RESOLUTION#
j OUTSIDE DANIA APPOINTMENTS CONTINUED
i
N.O.I.S.E
Commissioner Bob Mikes(Voting Delegate) 07/13/93
BROWARD COUNTY COMMUNITY DEVELOPMENT
Marna Mitchell appointed Municipal Representative 09/23/97 RES.#133-97
BROWARD COUNTY LEAGUE OF CITIES
jMayor Bob Mikes and Vice Mayor Jim Cali Commission appointed 3/25/97
! FLORIDA LEAGUE OF CITIES
t1 Mayor Bob Mikes and Vice Mayor Jim Cali Commission appointed 3/25/97
NATIONAL LEAGUE OF CITIES
Mayor Bob Mikes and Vice Mayor Jim Cali Commission appointed 3/25/97
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1 12/4/97(BOARDS-BDSUMMARYMAR97.DOC) 6
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THE END OF
DECEMBER 09 , 1997
REGULAR MEETING
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