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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) 20 Year +'mor,ahle SL-r-vice Atqzwd P30 rl'-A III,-t'O LLS -UttPt'S ir--wi F'nlic:L Aqeririe . Chicfc , and Fr,ivabe Citizens Commendation Plaqj e, City of Danis, ?IjFf, Birthday Re-solittion 553-95. City of Dania, As E:._cutivv Ofiic:er, District 11 , Dania. 4 year' s Commendation Ijgr.)G Yallant 1.995 ccltnlllertdat.trjn U9 N-Avy Cummiss,:Laninci US7 Cole 1-/96 F i v Commend=,tionE DI t'2c:tur James 0 Sr,iEn, Purl; Fvet 9 DEC-04-199? 15:44 954 797 0935 THE END OF DECEMBER 09 , 1997 WORKSHOP MEETING I JJ� Ki COD II tl AGE- nnwAK s ' 'A The!n formation Management Compony GUARD 6954 N.W. !2 STREET, MIAMI. FLOR(DA 33126 305-477-9149 • 800-287-4799 . FAX 305-477-7526 a.NurvAgNITp71,�ppW� THIS IS TO CERTIFY THAT AMERICAN MICRO-IMAGE, INC. PRESENTS THE FOLLOWING IMAGES AS AN ACCURATE AND COMPLETE MICROFILM COPY OF THE ORIGINAL BUSSINESS FILES AS EDITED BY THE INSTITUTION INSTRUCTIONS. �IIII I.® Ul L2.e 2.5 91 2.2 �y 70 IIIII I.I L8 Ln LO 1.8 IIIII� I_411.6 1.6 �.z51�11= 1-f MICROCOPY RESOLUTION TEST CHART T III 1 NA"ONAL SMAU 0, 1�N AR 5 0 DS I%LA r THE BEGINNING OF DECEMBER 09, 1997 REGULAR MEETING } 'i i I 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 I 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 r 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 y \ 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 ;y i i i 8.4 Status report on Reuter Solid Waste Disposal Agreement. (Vice- i 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) i 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. i 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 i i i i 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 i i i i CITY OF DANIA AGENDA 10 DECEMBER 9, 1997 y 1 1 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) y 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 2 I 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 2 Y 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 3 a X 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: 4 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 -2- 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 -3- 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 . -4- 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 -0- -5- 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 -6- 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. -7- 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 U t ttC 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 • •. f!MhS API :�1'i. •IIUFF • • • ' '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 r s , I h• I J 0 t I 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. i a I 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 .". I Samlotr. sT. u I ; C ., ? Ie , , C•. -e' MORTAL W0 D J, N 20 ' , It a 3 1 J a 1 21 4 10 I P• .. BRO ARD 15-1 y, Iva 8 I . .. A COU TY +e on SW Ilth ST. -- Oee PA K e]J PARK �. J - B 22 .h I7 20 ; II Q S qe' J Q E DANIA O er• a it 6 e: .. COLORED (29-33) Iz to IJ I ° d i Z arr ,� �� SW 12th WST. ' o 241"* R 1) ' V` Ih I7 2U a :w ,r• , 1 li 1 .. SE 46 12th J 1 � 3 I + 1 D 7 h �. •M e � .. I I 12 1 O 10 22 S. 13th b ] r . ST H SE t-- 13 n E —� 24 IN7 VI Io ;S 13th 1 E • r' ]' aeo SW 14 th "• 'c' " 2 4 u.e, 3.. .. — ,+ .. ST. n�. R J oet 20 ,4 I r,• , 4. ] 1 Q 18 e' LIBERTY TERR 3 5 4 SE 14th 42 li IS .^ I9 (.9 I 10 I C I . J Iz I ; 10 Q _11 w SW 15th T. Se. . 20tn —o rn Z } 17 7 s , 2 1 8 4 SE 15t '. u ,• L I IO NJ :a' II Ip' /h(S� She( IdcP1 ST 287 • ADDRESS, 220 S.M. l"h Strs*t 1 Denla. Flor lda o , 1�J V ]y . I 2 I & IY) `b LU w h LU r. �ArM- .II I /'}rC.lptl4 Ilrtl\rra.\W • • r O a—Y s - r ar air p 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. i I I 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 i i I 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 e m 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 i r Y 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 i i i I y '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 y -- ------------------- ----- -- ---------- 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 i II I s -= 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: $__-_-__ - ML1/Status: --------------------------- / --------------- ML//Status: MLI/status: -- MORTGAGE INFORMATION / _ _ Lender: --------------- Amount: - ----------- INFORMATION DEEMED RELIABLE, BUT NOT GUARANTEED --- Revised: 02/11/9 LLl IC MUILL PAVE el 14eE H )'N D You ,:�oAp 7-f E e*.*-..s-E 7'ft�r 'k/r 2-Z k is L P --ro sEol� P re o p c ie T w� •�!<£.0 �..a� G p,,F,vG. Saptwnbar 18, 1997 Mr. E Mrs.Andes Bautini 2115 N 17th Ct. DIY% e , 17 33022.2219 Rae 2 vacant lots on Sheridan St. Dear My A Mrs. Boutin, 1 am writ V to You to get your views an the way your atroet (Sheridenl should fit into the Dorris Downtown 1116deveiapmantlMain Stroet Pregrsm. 1 am Involved in promoting our city krthe dYat don thaiwould wont peopio to Me, work, end unrest in our=Wm Mhy. wilt ON earpenslon of the airport and port Evorg"W we will soon ba proesn&V to the rest Of the Ufl and others tM lass Pro Company, Raids Atlantic University Earl.comma, Maltbtt NOW, UNCker Barrel RestsmM and Mon an sa beating ao Rama. On our bards as othar ntyw hQW$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 i I i I r FROM TFiELOORINGCTRF{pLLYWOODSTONE PHONE NO. 9549239913 SeP. 30 1997 09:33M P1 _721Zte t4e- ,e 6Z.- 7 I r ^ ` ~� Fax Not_ 767. To prom COJOW GO. Date 0 / � -'--'---- | � -'------_�-�_----_--^~~-------'-�_-~_~_�_-__-_�_ ` .......... ��.-~ -- '-_--^-^~- � � � ----' . _�--------_�-.-_ � � � - ' " DAWA � � ^ __'- ------~_~^~-------_-_---- '----'__-,--- __--�-_,^---� , ---------~--------- -'-,-~_.... ...... � �+~u�~n�x�n.+..��xm�u����x����� ^~ ,'-.`.~.,`^ .~,~~.� - � / i r0rm. P,m1 � ' | | � � � n 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 Ll. rnrrss,a I +n x++ � walw+lor loxuw ue 1M L%m v m „:utrt+m crr oe+ M xws ...w 11t �t4 .00 BOfkOWll 14x1J 14%13 r rav m� m w Mdraam r 11xrs r ti C1�11 W 11 Y70 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 r x;1 Y , Li 24 1947 le: eH 55471 00 Fi<NTN; Cr. EE ! PaSr 01 737373 C o 1 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. 2 . ----------- .3 7 -------- L - - - --------- ---- -------- .... .... ... .... ----- ----- - ............ 10 . t-7 vc 14 L ........ ...... 17 18 awl L L SRO 21 14 2 2 3 A�cPC 90 -IF k k'E� cv q210 i i 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. 3 . 4. 5 . 6. J C} 7 . — 10 . 13 , ) L 14 . � � ? �e q�% �c�9s✓ 1 s . e, 16 . 7 �� l�/ f� �v�i elY .17 19 z 0 . 22 . 23 �y i i Y 1 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. 1� -Z -9 / Gc/ 1 N.7 . 1 e�C.oQ 9� - o . 2 3 13 15 . ' 1F . / / 03 nor �c J / . zn , n 22 . 23 . 1 I 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. 3 . q Gu L4 X CA) A,cd#tl— cA OW\ A), kk — ` Q 13 . ^ / / � ' 7G 14. L7 Slr, �c1 c� ,�t�. SY- 3 N Au& 0 .� AJC GU 5 Aat OV33ce — 21 . _ �faYbP QA vim 21 ._.D�� Cl� a ,�,b-e ��, �� ,PAS'4 3 i2 b?� (fo 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. 7 . ------ 8 3.0 �.4 " 15 . 17 . --------------- r 20 . E 21 . i i I 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. 4. 6. i 9 . . Al h 7 12 14. 17 .. 19 . 20 . ti 2 1 G,6�7,� 23 . ' Z aS 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. i . 2 . 1. 3 . C 4. 9,2 9 . IL GL<� 12 13 . 17 . C 22 ... 63 23 . i i I 1 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 . 2 .4 . s . �J�► Q c ri 7 o V! ^666 ✓b o/ 8 J 7• � S 10 . Cl 12 . G - (� {--�1 �j/ f/J�-I e 17 18 19. . / I�Z3 — 373 20 . _ r > �7- yll z1 . -� A _S�,�uii 2 2 i5k� y. 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. , , ,n , C` 3 . d '�t 'ja 5 , G ,� 7 � � a 9. 12 . 13 ATJ 16. `/ 18 ._ � �- �13 a6•�7 i9 . zD . 1l� zz . I i SC lip 9y�- 3&&y �i /`' w1�- � , 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. z 12 . L416 22 . - -- 23 . . ��� �•�7S�7�t7 f Y PETITION TO ADOPT PROPOSED RESTAURANT EXTENDED HOURS LICENSE Exi?ndFd HoursnLicensePdans"OPOettthenPl000sed Restaurant to Adont the same , ania (.jtv commissioners forthwith, NAMF, ADDRESS \ � &- u(p,^ TELEPHONE NO. VIA 1 1 Z 3 , as Z -- ;- - _ 4, 1 5 ,— f1Y55c.c�� n /n h . - �i/ /!,'A/may• J J l p 1_. 1 iz t . ' AP 16 �C• C4-_i � t2�-- �- I n Cc �� is 19. z _, �S --- .Y \ i a 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 4 s . o0 6 . w YT 10 . lou s.�.• It 11 13 . ✓ r J J //� ��W�y�/�A'� 14 . �'� Q�' i• �, S • ° 15 . I 16; BY ° g2S 17 . Z WA4,,P�,6-92j-Z$yt 1S. 19 . l��4f 66b�v Zfly zo � r c 21 . 11 2! G� 22 -CM 23 � 1: 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? 2 .,�rAI,4 i/�/Z i, 0 _CcJ ).4 76 ti� 3 .JAWPS !LS&'rQ �`J.��ruc SI . LLYwoc: ri'C C C 4 . /7 ��✓_ / d .� i r 7 . 1 `f S 10 , Z 5G1A l2 . cl. C�CL,g�✓D Z/U/YlcJl/cr P�'�'�s q3 -7cz 13 ._(iALA Pe3'- c�2 5t9�r1c�nr�ST +(& �{-A�U� 14 .- o/tfLllll' �1n,�I �J 3� t�N 1�Y c �fIrtl� JII i 5 S�-071�1 16. 'S Pt/ - #, 3*- 17 . .�F�i �'� 3Cb l S l^rn' !1 i ,,, 18 . 0qqC�ht�V'� / "7 I-41V SS11 �0/ a r � G fl t5c.ty, 19 . 20 . • //JJ 21 ._ �/?` ��>'s�:� o l J o2a !S'W 4-Zf rf'- a r/ u> 22 23� � j /7 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 / _ \ -.r- 2/ Q TELEPHONE N0. 2 . LK #min iv�c 4 , 3410 Cw�n M o �vINT6 Pr �a✓o00 6. 7 .�7� 101`l• ''��/ ����/f�� i /�JLCYru�n ��g' ��� 52c� 'I 8 . ���Y✓� �/V" �dSUld/�L� ��U�AA� 9 . ------------- 1 z l�cOcw ;6r; 13 . , 71 14 . 1S . /� .��, SN^/(�,{,IJ/�-C,C;- i� 9✓' i _�✓Js2,�yli 16 . 55/ �ci �, (� �1✓�� (�. 17 . le . %f// f �o �SrtS Z�6 / S •O✓a tom+ br Z 2f7 U 19, ✓N J w6 Q (L 20 . S�Jt ti c t 20� �HQC� I oI1N� v� S � 21 . 22 . ioo S Cb tfcv �fyN/q �gy-3�o� 23 . I 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 3 . fn1 l.,tuJ 1_ vT O ALE E )7l c� 7 . 1) , (')AW h C3C-# v�-v1) 9. ` �AtdlAE' AJC.E //07 S .L,J. 107. S"r ifj 10 , 12 , 13 . G,.�_.. / 16. ✓ J �� �� ��cs �e .L 17_ . �. 1� f�+ ��'�h yi` (v�'r' 19 . 20. 21 23/ df 500 N9 a ltXt v L �3vo`lc I 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�. Pe(�o c(0n9 N.J3 At 4� cg �/� j30o 3 �v (Xittic7ti� �''� l ll�Dl n I 1 iV1� rf c /l�n�an ?2 �i�t� 4. NR L/C- f4i�c'tV/c a l r 5 . 6. 9 T S� -4, -To vl` afr/r7 . 1`a��crfC.F vNA ? FL �3Ufi(f 10 . ( 471 T;A) 13 . � ! Gi u�r57"r2�r>� '�/.��,�-��J.e 4�3•n 14 _ 2b 3 Pna . J S , - b&.), A 'F 16 . y- 4- 5 r 14cl 20 . J / p 2 2D 0 23 .1 �o t i r�l {� �/ / U CL r 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� 5 . lC*W Jj-Q ►d'3d'ADa�+�Lr S' q,�3 9Z 7b 6.JsYDNeY ?axr��sa�1 �� „ 7 . L..o AN 'i(V l*j jSlr4 q 8 . vt �e�at&- lb St /3 rsyr # /'shwa R'• L 8G•th*S Z, 9 . 10 , 11 . 12 . � tea 4iS�iiC3Kr 13 . �.aT �9E qa t SE z ES 14 . 16 . 33 6 B'1—g 3306� 17 . AA Qs�-4 •'44B 18 . a 041J Ov CIZZ ZS16a 19. 20 . •v� i yt d -OOS a- 21 . H I l j 22 . ✓ ti 5w � q 23 . i 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. 16. 17 . 18. 19. 20. 21 . 22 . 23 . r i 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. �•_ ss ,vNi /� h,� Hfl bAIC_ ? • -a. t4 /6'7 yam• /9p7-/- 4 . 5 . 7 . c -1 lg0 NE3 Cr a1 d icI -Ii 11 2ytc( 7 14 ._�OAl ---Lj!E/ _ SSos T �z 17 . ?13- LY . -DISS SW 70 fC S�oU� 21 . zoo gri >> . fQ 3 _ 2,, anti 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. J .� to W�_ (c�� S E �'� ��--�-����N_ �v►. ✓ -� `' ,v !7 �� Cam' ZST 7 . A) - u 330v J0 . < i 1.3 �/ { �!14 . AP n1C' a k � N�y r�ti P4- P ///�� �, ---1✓s'La 2 - '�'000 S w-- i 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 .. ... ... ..v•.vna . ,w , , . tl.- 1.7.Ti UZ11UV3i+' 4/ L:U 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 I 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 I .. ... 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 P.07 NOV-18-1997 11:11 r 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 P.OB NOV-18-1997 11: 12 5 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 P.09 N0V-1e-1997 11:12 y 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. P. NOV-18-1997 11:13 I v 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 p.. NOV-18-1997 11:13 I 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. j P'1` NOV-1B-1997 11:13 i I 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. p. 13 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: P.1 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 I - i P. 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 I y 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: P. :: NOV-18-1997 W 16 y CITY ATTORNEY NOV-19_1997 11:17 i I I 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 I v. 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. y 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. Ii _ 1 i i I y. 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. i i i 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 daniauclezon.mem rW w 11,17,07 10:04 FAS 1:5 1:90 SSr.SD SENS'Il'E5 ®001;001 mean GIV)!ldC7d91 '"A"u(sUNA CRY -Sentinel Proof Notice Jut I 1 fIIQr17 All b4r AWWLL ttnf Pleae e�mo �°"NE CWHINlS should be telephoned into Swsmtmers At o15w a ,or Its"to(954)425-1290.N ee do not Nor hog you by proof eegaca"deadline,your M win be caneidmad Cw=for publication. (PmwS aw vow>ad m.nawe P 'and Mu/I<7'n M p,bYCihOn al your e wlwnl. "Wrvrw n�r,, Wm 4PP➢mP+�lra,eamv onry.( Deadline Conecbon rmiwad bMlma 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 x. i 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 i i j 1 y \ C�1 - C MEMORANDUM I i 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. i { i i 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 r 11/13/97 21:49 FAX 425 1290 WAD SERVICES 0001/001 i rest ;'braesD�Owri:60ftmt un•Sentine) Proof Notice c lwl mean n pesnr pm aalyL ConICWN Owed be 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 I L I r R 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 I I r i i fLlb_ = MEMORANDUM i 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. - i i i y� I 1 e V a 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 I „ 11/14/91 10:53 EA[ 429 1290 SS/Aa SERVICES wool/o01 c,�/ yt►--i479. LOMH . �OF arMI atr.r n•Sendnel proof Notice 9r:tw..m am ns.. Phase died pro upon FICRA,bwrldl9al dnuld If t.Mphormal mia SunSer", u rulu ten. D..dled clan w hud to(954)425.1290.e w do mot tau hom you by Pod Corr idorm dmkft your ad well be lemake e cm so for PAAIII9R (vloM.w e�a.bwe eo haw.awry. 1 Cof qN eM pawvaon wpv M�MyI� wM 10 b corn gp0¢lap^ool mV .DYwj Da6M �yC-y11 Cdt/MJile fewhad bytdm 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 nuro ti I b 2 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 r r 62 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 I 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 i { QC���1DQ G3G�UG3�i� �rvQU�J 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: i i J City Manager City Clerk 1 i r � i MEMORANDUM a TO: Michael Smith City Manager t 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 l r Page 2 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. i i 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 H � 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 ANN CUNNING N, ADMIN. ASST. Location Map I i corv� lacy 22 sw 3r0 PL. 3 ` �.L. „�.. .L. i.. ��. 0J9 1 I OJA 4 1 V . .. ST 2 6I j 1 I_10) 7 E � , 040.1 ROY.,LPKp t (z- 75) is 0 ff 17 ;:.WOEN CCNCO 74 7 J 4 1S 4' +x 1 14 ] s( 2 -42 sw 4th ST 23,,+ Y•' rr'WI�. IN t 6 • M �. I k`' S 6 0 14 W 112: <tI,sT I I I �I T " T 126 a I7I 2 s 2 F 218f19) r•If.'I,. I,. .. I.. .. •. •. i,. . �✓. e1aL/I 2 u o, i I 5 1 . o IJ . , d 6 o SW I r 1 TTT Sth 1 ST. YI fl' rr�t )a. } g I, I I(e I+Iv «Irlrr1ri 1 (G4-.1.G. 070 0 Y M 1J II ..4. �� L 'll I I 1JI4 I v c��f�f I, �NI t5 � •.I, I s.. .. 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I ..I.. •n� h W 1 SE! 12th - d• ' m)DCIE i Y \ 0 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) Q w W J Z A.C.R. PLAT (118-46) O 1 f Q Q O Q -N-J TRUST PLA 0: X (107-15) 0 U V) HALUGAN Z HEIGHTS Q (28-9) < STIRLING ROAD LOCATION MAP NOT TO SCALE u 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 r .. i 17 1 �� o @ �•a,_ ur .p k• W '° n 1�-• ,� w' o a^ 9' :• M1� 4 / •l 5 t! i k k r _1C as 4c `'� h� y; �• 0� r� 5,. ti Pa _ _ sas It 46 H�41 go $47•Z5 M ti tip — 9,g5r1Tf •To i :•./ d , / ..• a „ If 20 Y � 1 ... „ fE •"•iL . !: to cr tJ7.rs lr to OG•J.70�65� tt- o..../ >snn illl� aL ox9 >0 1 24 $1• 4 ac 7o.n s. . r •9 5 i s i s Q, s ii, r i tt n nt#c PARCEL 't►, / N6 21j ,( 1 J f J 70 . LET f T 22 M , w 20, y qt#, I ; ; I „ 9 9 rt 4 N fS rL Q ao W e Ii 11 1s IS fb . , 6 f l 1- I ft , Y f0 f7 ,.• Z i �•,rt u „ s n , .� r6.. eC `706 2S 11T / i 3. Sq K !1 !1 )e '! 2 L 3 to A 7 24 9 � f(r �t r_t•..r.9 V7 ,: c c 24 1 22 +1 t ;] 35��- AG 2 0 7 • 3 ii 7 i q O� • • � I 6 t t 1 rr r4 • r e r2 1; 14 A IS 17 ,i rl 14 ISFWEL / • N �' Al. r9 : p a i • • IL rl •E. ► •, \ If ,;i fib, Rte 4,ej zc9o.7z "• OT9t-Io �f' e,s I V a i ( 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 z - ;oi t2 61 r�t_ '2(7 2CO (I/ f 39) I'n la �5 ' ..®•I. � � art.. •} I R/ �; z3 25 , ! ' o>;f l out ST. Sw era 7ERR. L , CQILL I „ ...., WI • ECG!— z31 ,. ,.. �� 21 _ M�JDEL01 3 Iq Y�•001 a�. e IR t6 1 I Ih} I I I A.� . ,. .I J.. I,.� . L. Sw 3ra '2 WDD I,.Z 4th ST 2 040.1 ROYAL PQYI 0. ( J 16 Y ' 7 I ;.WOEN �7 . 0 rfl ro I I s • ' ' J 4 13 .. L L. 4 I '( �124 cW �., .r �~ 5 6 .. i.. W 17 4th �) I I � ar e:I• I ST. ERR. �t 47 d o ui 28 > 'r}' -4. 4ty sr. g gl HT < I I 2I $� "--- ®�7 n• 3 6 47./ (28f 19> i h•,a•I b,'la•,.. 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' 6 h ! ;Ito j �.. 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 a V. 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 JDB:gr JDBGR6 I&PPCO I IL 232 1,1 ,T,4fv S�' I Alk • 1 rrrr I .... I( :631 f iiil -• � 090 % � PONT rVI.POLAOF�S 1 IIO r WEPGI "' _ - I I I'LAI 8 (I51-.55) >OC"woof� 0]9� _—__.,._ __ ..- .. .. . v _ IIOV' —EL1fR (D 01� •(91.991 ]IIGI)K 1'1)III 1)VEI II( � ?R?' IU(,USIIIIAIf^•'•"^ IC7R1 r:VrJIIiLAUr rje° no m )59 11121n' PLAT II°. 3 I•nde.tl ADANIA I~GPEDD i PEGASUS EXECUTIVE i 22 PLAT — I iW11�' 1 .I Ir.il- 22 C\ p O.I - l 6/ I f i .a � � ' � ;,`t=;l�-! ��'- ' 1+._n✓--= .�?�-' .1.., l pai�iit.�•.RV;�'� 0.1�1, r rr q 1 p leV1 �17 r ��adm , of Y'I ICq MirliF I�S yf 1,r ' � - � I ! rf,. is -• � `�� .I r SCAT i on i 11 III IIfAIII r ". JAY' 1 t �r IY'v .rtirx�+a�tM1�� '�'1 Y r FiM1r,.Mo"er+ 1 .•.1 , 7 '. P��tl1 `'1•.p is 'Adllrr,.'1 .., tel `"-•�_..: n•:�,.n..•.7''1��:PS�'�.�1 vr• l�r.�,,i... �� � I�,{" i�•F ld,t * i_�.�r• I• i j Id F d �.•��p` I� iq I. IIINT .1•. r �,m I i i v'I 1'? _ •i I .� � ..7 r '^`V�7 1'. ���.•r ,•r (` r,+r r r.n„ m m,m I i jyIJM� ��S C ' r/' �N• � 1 i A q. „•r•�rro. ir.�,„rr«. +41�"�y. • ,r• al3l. . ! . ,z AAA If • A-TRWREDI 6e. Property Data �• f' •k �J ;.{ f 1 1'apy rigLl NmG if It'• 1 .• .. ... The Information Management Company 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126' 305-477-9149 • 800-287-4799 • FAX 305-477-7526 -N- lin a photocopy in poor condition 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; I y Vic IZICI4�VI Y TI 3 ° j 13 , N N z-r e4. N T10 IZo e V LA r ® G.b LL a j s pia s OU Ln `'LA� arlfGO�,� � h N ' w< ri - ( G. ` !f ISo N.E�rItt�ST. �` r 8`)7137 I q e a drs7 �lI .. .. %. . I ..Irel7z .V\ � I ... , • I I. i e .. 7t p e Zr{7 /,37 et �ZICI I / �5 r�'� I ! 7NfSIkv j°.�Z ''`7 7 � Y C _ 1 co , x cvLf CI,V.•�a oar m N II N \ (/IS iifa I 4 cc(T3 ,f �' f+I Nf•1� 1.e ICJ 1 'I' 1���J(jp� � I QI jI48 .. DANIA �DELMAR ^� s TTA4T (14-73) t 14 h MCA(Xc. ( rLx:k I. st u N Thor"Prn;(<, t�IQZr� 6 i .� If. *° ♦7 s7� 7ot 2T2- • f,�.,� ,e • .r ,oY �� .i • � � ' s ow, � ` 1 moo. a ._ �a � d � e _ im W�h 0 i MEADOWBR00K �� m 4� Wn o AKE CONDOS I 9 1u - �, Soo p �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� I I 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 I I Fx�'ST1rvL r fa 1ST I�) 6 ; (�` X 121 ; I � ) Gf1'�iIJE�C gill hi;n�, L�1 �t C ECI�CS� � � I I • r r I � :.I f I �1 � I 11 :•� Oros�-b I i �r ?CIZ � i I I I ,. • I I �L71T 11 r A iZ i S�PAR�aT�o1� 46 WIT r i I I I �... .�: d . 9 • ` qc' ICI w rrr in � ` r • � • I Y i CIS >>.l ►-C%�.i Sibi� ,1 �. � a_4 { Nv n, �(ItL �' � LCi111�1 . ® ® ® B REN NER ® ® ® 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 t 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 i i .;uiv '6. '997 I r . 1,'r I r�l,l��� t ' 1 t I�I��I ttti'lyy��I I�,�Nr `' II �Q n� ! AW � ,�, "•I'. rul� U�1��a� ���(��.�.{I�e �!l I+�t ��#Si(�1�I' � 1 i 1 ��� � e• r A r( I If �' `�'•d t - 1 1 q ' IA i }I0 ICo v, ;IZ E� I� IErf. �' i�� 1 I I .I ,��>X+� �ltt; rb a T yl �'•.S .v ip , � �, ,;�,},�� r, tJl xj/�I , ly :� >cgy�YY�' �iui +.1 f rt (�, , y yl !y: � t r ir. A *•�tlr� 1 'I Y'l' 1 %' .At ,I'131 �' "gems .a./� y +(, 'L'i•5' tY 4 Ta I r1 ��. 17<�i. �, •;��. I 7 w r 1 .r� >�I � "7•' >,/1! cT r � � It..1�.7 '. ( ° � %: 1 `•_ �I ' ,.f"� I y'.11��.('� al ..+•�.� `_ K A ` ITE�Iy. .F N' ,�: 1 I I { I Ilalr• gig ir '� r iF•pLo Fl for II�i�J" - . II r ..i:'.r IItJ' Ali nl. As TWA, d ibr rl yr II•dn,I yald.m•lu I" II "'la 'I n it"'dll'll lLh.li.ill•'I'll / 'S,Ln 6y ,r•qd I ,r .....•.... .........II d� II my a.-Irrdr I GII": h1191^.II 1111)I IIIIIU`III All 'f:nlll'I lnl All, l 1.1 11 nll �T 1 1 I I "1rS.P.tt; 1 `Imi Ildl�• Mull P UI 16is drwyn ice,If"!puq....ly of Ihl!do:rynlrr,and may m.I I., vytndul'1'd in an nranlv.I wil6nul vndl.... u 1 I I i I 1 r l' 77 SAUN Desiqu red exclusively for: L,A;N �lI L & � --- •rr 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 r N yqt IT elL101xrz MID _ 1 j 1 P11E111' wIH1+10mixrE 1 ' Wu pn In C0111 IVA51P 1 I i ua. I • .I,� Ijp •l� .11'• � I � •�n I PIN I� 1 I n¢lu^ivnly Inl ---------��__ 'eir L.oix i .. J IM. i P•.oRi fur ,•, •11 '� I"I.11 �''tl1 rl .i,.r,ll 111r11i 15 1.1 LI I'!^plsdlrinl ur II .-Ind cl nd�boll. d.ccnbld rll .la l y mil:v, l ..!lrllllIgll 11 .n 1pu . Ill,luv 'Inlh aged led Ih IplF as III II�I '0'1111.1'll±al ltl VIIIIII Ir ell ell Vnllll'.IIAI AIIll UIll ell Date ('.(Aff 1.I II III __—__ __ _ _ Iles dosiyn is Ilir plo�elly of Ihq dosupn'r,and clay....I I". mplodoced it,any nlnnnel wtllmul wlillen mndssinn i i I i I I Y 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 II— I ... _ 77 / I I � II111r1f 11111II • `� ��— rI IIII hill IIIIrlI !III IIIIIIU -- j � I r Y•1.rY_A.__�.3IRYe +ii ~ —...rr_.._ ••fir �. �. 0 a .0 II IIII IdII II II II I (i 14 vk �' �I ' '= I'" ► .d ► III I ' ,' I I I 'd I I I l I l I I nil _I, 1 ,�I 'I' ,- II,I. I ! -�� 1 I lid i I f lii,I�� P { I ?'{ i I' lit — ' *-IIII 1 ;1 I I�I!,�'�tl I I I I -`'i , `'• ►' �, � ` . , �1�1 �1 111 1 i; l l l I� t + I iro V♦ I" it � L�► � '• �,� —� Ic ,l --1--{ -- .—� 1 I I , f 1�]I1TTI :ITE r'..-!I. ;I!F. C�TG , rinrES. SITE F r�ILrn r I The In formation Management Company v 6954 N.W. 12 STREET, MIAMI, FLORIDA 33126 305-477-9149 •800-287-4799 • FAX 305-477-7526 ri a photocopy in poor con d i ' Lio n FC 017 i I� i r 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- uolao corrr•cnro lied /� wows MG�br(.� SGAIS %f I r[r<ciw•u er � I/ ao Tff �.�Ix1E ,ffWy Bht✓ALI{ / fi �I� I j9DL I•elNa I .a Q ,' Q / IIE NEX4INEEN iN(INE I I � E. � NrA SECT"U�EY � RaaL I I M1 I• wendwwar •raaosT lit ++ aAAi I Gars am.IAOaIIIOr Ll st1ol I •suwT tau 1 �r iTK OF ^ r^im nru. N0. ""'aarnue •...tau [u.aer. ..•r I I WORK I I OFt I I I Ot!<CR I R[ �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 • lLal o I "Mc/novae 1 A00r •Ir COMOITIaN cuvRrc•usrc IT--1 I -4• L raeNANm•L 1 •••^Ric.edti. I I I quad I 1.0 L•I ONT Y•LL I da1V[wrY raNCi Asia 0. I INSPECTOR'S REPORT [e....o[.,e. I aa....r,[,ra. l I a... •,a[..,t •sesame. r u• .,e[. aura I rurrrc nT•ROUGH TRAP.rods[ I mu I a ..erw eucrn a naq.LNc l•rr INp Rau&N I ROUGH OYCTt l 'OIRKGIIar j Mdl I aarC • I eya I Y6ar•X6•L 1 YTlll Tlq Il•1 Iavlya i [vU uvu 1 TtYI gNAL 1 I I ((wlN TO ;merwl.raa u•w•umoa Iawsc TRAP I wrda 'n art I c•a I 1 I I.IAIAIYp � I .INAL I 9r Qllnll I I IIR[ aW[AUI 'Aa, nN•L I nNAL NOTES I Vtc. rXv fOnlwa.rlXAu Cai All NHITE ninemor s Ccay; CANARY — ;its Copy; PINK — Auditor s .:_oy; COLDENROO — Aopucanr I Cacv 1 The In formation Management Company 6954 N.W. 12 STREET, MIAM1, FLORIDA 33126 305-477-9149 • 800-287-4799 • FAX 305-477-7526 a in poor photocopy condition FC 017 � / Y 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 =ecc:ar wet.,,` y 1 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 I I 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 I i { Ii I 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(. I Robert T. Hinton, MAI, SREA State-Certified General Appraiser License No. RZ 0000551 RTH/ar i i i I 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 J 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/ I 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 i 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. i 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 i i ) 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 iY \ 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. I i 1 i I i G:IDOCS1ti UDG ETA DVIATTENDANCE.doc I i 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 I gf1 v {uilli'y" ly \ 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 i i I 1 io\DocsmanQ7\NIAR2snrrrs.doe I 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 { 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 - I 3 j1 cAn0cswra97\Mne25nrrrs..aoc 1 y 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 i i u 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 i I i 5 +I a Tocs\nunmNnRzsnn>rs_aoc Y 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 1 I a I 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 I i 7 j c:w0cS\m1ia97\MAR25nPPrS..doc r I 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. 1 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 i 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) i - 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 i 12/4/97(BOARDS-BDSUMMARYMAR97.DOC) 4 I i 7 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 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 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 1 ) 1 12/4/97(BOARDS-BDSUMMARYMAR97.DOC) 6 I W , 1 i � 3 THE END OF DECEMBER 09 , 1997 REGULAR MEETING i i ; i i