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HomeMy WebLinkAbout59004 - AGENDAS - City Commission Packets ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, APRIL 22, 2008 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 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 BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 7. CONSENT AGENDA 7.7 RESOLUTION#2008-070 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, APRIL 22, 2008 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 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 BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Results of Citizen Satisfaction Survey—City Manager Ivan Pato 5. PROCLAMATIONS 5.1 National Public Works Week 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the Dania Beach City Commission Agenda—April 22, 2008 Page 2 of 5 beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of April 8, 2008 City Commission meeting 7.2 Travel Requests: Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual Conference and Training in Las Vegas, NV, from April 26, 2008 —May 2, 2008 (Estimated cost $2,455.50) (Continued from April 8, 2008) Request of Albert Jones, Mayor, and Ivan Pato, City Manager, to travel to Tallahassee, Florida on April 23-24, 2008 (Estimated cost $630.00/per person; remaining budget: Mayor & Commission $1,635.00, City Manager$5,684.00) Request of Ivan Pato, City Manager, to attend the FCCMA Conference in Marco Island, FL, from May 28-31, 2008 (Estimated cost$1,002.00; remaining budget $4,682.00) Request of Louise Stilson, City Clerk, to attend the 2008 FACC Annual Conference in Naples, FL, from June 29-July 2, 2008 for certification purposes (Estimated cost $803.70) Resolutions 7.3 RESOLUTION#2008-062 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT (INCLUDING TIME EXTENSIONS) WITH THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR GRANT ASSISTANCE PERTAINING TO THE CITY OF DANIA BEACH MARINA RENOVATION AND EXPANSION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE GRANT ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS, AS WELL AS DUTIES AND Dania Beach City Commission Agenda—April 22, 2008 Page 3 of 5 RESPONSIBILITIES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING AN ANNUAL BUDGET AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 FOR THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2008-065 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILLE, INC. TO GRANT AN ADDITIONAL OPTION TO THE TENANT TO EXTEND THE LEASE ANOTHER FIVE (5) YEARS FROM FEBRUARY 15, 2014 TO FEBRUARY 15, 2019; PROVIDING FOR A RENTAL ADJUSTMENT BASED UPON A CONSUMER PRICE INDEX FORMULA; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 ORDINANCE #2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from April 8, 2008) 9.2 ORDINANCE#2008-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO Dania Beach City Commission Agenda—April 22, 2008 Page 4 of 5 REZONE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF DIXIE HIGHWAY, SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.3 RESOLUTION#2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE, SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 8,2008) 9.4 RESOLUTION#2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "VEGETATION", SECTION 26-48, "INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Bertino 10.3 Commissioner Flury 10.4 Vice-Mayor Castro 10.5 Mayor Jones 11. DISCUSSION AND POSSIBLE ACTION 11.1 Limousines of South Florida Agreement Dania Beach City Commission Agenda—April 22, 2008 Page 5 of 5 11.2 Designated smoking areas for Parks Ordinance—Kristen Jones, Director of Parks and Recreation 11.3 Election Date Changes—Mayor Jones 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Vice-Mayor Castro— 1 appointment 12.2 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 2 Alternate positions 12.3 Unsafe Structures Board (9 Members appointed by City Commission—3 Year Term) Registered Architect Real Estate Appraiser Citizen with experience and background in the field of Social Problems 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk -Reminders Wednesday, May 7, 2008 —6:00 p.m. CRA Board Meeting Tuesday, May 13, 2008— 7:00 p.m. City Commission Meeting Thursday, May 15, 2008 —6:00 p.m. Abatement Hearing Tuesday, May 27, 2008— 7:00 p.m. City Commission Meeting 14. ADJOURNMENT OFFICE OF THE MAYOR CITY OF DANIA BEACH w PROCLAMATION WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewer, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction, are vitally dependent upon the efforts and skill of Public Works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff Public Works Departments, is materially influenced by the people's attitude and understanding of the importance of the work they perform; and WHEREAS, this year's theme, "The Future is Now", seeks to enhance the prestige of the often unsung heroes of our society — the professionals who serve the public good every day with quiet dedication; NOW, THEREFORE, I, Albert C. Jones, Mayor of the City of Dania Beach, do hereby proclaim the week of May 18-24, 2008, as: National Public Works Week in the City of Dania Beach, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works, and to recognize the contributions which Public Works officials make every day to our health, safety, comfort and quality of life. ATTEST: LOUISE STILSON,CMC ALBERT C. JONES CITY CLERK MAYOR MINUTES OF REGULAR MEETING / DANIA BEACH CITY COMMISSION TUESDAY, APRIL 8, 2008 — 7:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Bishop Howard Rolle, Dania Church of God, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations 5.1 Poppy Day—American Legion Auxiliary Unit 304 Mayor Jones presented a proclamation to Joann Pace, Auxiliary President, American Legion Auxiliary Unit 304,which proclaims May 24, 2008 as Poppy Day. 5.2 Library Appreciation Month—Friends of the Library Mayor Jones presented a proclamation to Sandy Mitzel, Friends of the Library, which proclaims the month of April as Library Appreciation Month. 6. Citizen Comments Barry Murdock, Barry's Hess Gas Station, 4155 Griffin Road, noted that the Pentecostal Church of God has been holding a carwash at his location for years, but was recently told they could no longer have them. He asked the City to re-consider this citation, since the proceeds are used to help people with drug and alcohol problems. City Manager Pato advised this is due to the water restrictions imposed by the South Florida Water Management District. He offered to meet with Mr. Murdock to discuss the situation in detail. Leon Mermelstein, 1055 SE Oh Avenue, thanked the Commission and City staff for their assistance in resolving his water meter issue. George Jason, 4549 SW 37th Avenue, spoke regarding the CERT Program and was pleased to report that more residents have joined their team. He noted he heard of some issues with the Fire Department Union and added that we should support our firefighters. John Williamson, 4000 SW 76`h Avenue, Davie, Firefighter/Paramedic, and Union representative for the Dania Beach Fire Department, spoke regarding an adversarial situation that has arisen due to some comments made by City Manager Pato. The City and the Union have not notified PERC of position changes since 1976. He asked the Commission for assistance in giving the City Manager guidance, and to file the necessary papers with PERC in a timely manner. City Manager Pato responded that he and the City Commission have decided to work with the Union to solve this problem with PERC. He hoped to have these outstanding matters resolved in due course. Mayor Jones noted we hold our firefighters and the Fire Department very highly. He said that this issue will be worked out by the City and the Union together. Commissioner Anton noted they discussed the Fire Department Union at the 6:00 p.m. Executive Session. He said he was disappointed that the Union did not have confidence in the City Commission and did not give them an opportunity to resolve the issue before bringing such a large group to the meeting. Commissioner Anton re-assured the Fire Department that the City Commission is committed to working with the Union to make sure that the PERC decision is rectified and that no one is affected by the final results. Commissioner Bertino noted the Commission has stood behind the firefighters 100%. He reiterated that both the City and the residents of Dania Beach deeply appreciate their job. Bobbie Grace, 110 NW 81h Avenue, thanked the City Manager for attending the Purple Tea and enlightening them on the upcoming 2009 budget. She said that she thinks of the firefighters and Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. law enforcement officers as family. Ms. Grace stated how important it is to support the firefighters because they save people's lives. Roxane Knight, 707 NE 9"' Avenue, and Patricia Fuccils, 306 SE 6 h Street, noted they are here in support of the Fire Department. They asked the City not to take any benefits away from our firefighters and noted we should all be grateful for what they do for the citizens of Dania Beach. Dan Reynolds, 1700 NW 66d' Avenue, Plantation, President of Broward County AFL-CIO, and President of the Federation of Public Employees Union noted this is not an unusual event. He advised that if the positions are in the contract, PERC will generally agree providing both parties file a joint petition. Mr. Reynolds did not think this was a difficult issue and hoped it would soon be resolved. Charles McElyea, 229 SE 2ad Terrace, noted he has supported the Fire Department for many years. He recognized their professionalism and asked the City to support their request. Commissioner Flury noted the Commission met earlier to discuss this issue and made a decision. The City Manager will meet with the Union to prepare the appropriate documentation and get this resolved. We all know that we have an outstanding Fire Department. She thanked everyone for coming and for expressing their support for our Firefighters. Vice-Mayor Castro explained that sometimes people see things differently, but we need to work together and leave the baggage at the door. She asked the Union and City staff to meet tomorrow to try to resolve the PERC issue with a positive attitude. John Williamson thanked the Commission for listening. Yolanda Gemant, 2740 SW 46`h Court, expressed her gratitude to our Firefighters. John Norbinger, 1405 7`h Street, recognized our Firefighters and that we have not had a Fire Chief for almost one year. Mr. Norbinger suggested we hire a Fire Chief in-house, considering we have an outstanding Fire Department. 7. Consent Agenda Items added to Consent Agenda: #7.2 City Manager Travel Request Items removed from Consent Agenda: #7.2 City Manager Travel Request, and#7.5, Item #7.2 Travel Request for Jeremy Earle, CRA Director, was continued until April 22, 2008 7.1 Minutes: Approve Minutes from March 15, 2008 City Commission Workshop Approve Minutes from March 20, 2008 Abatement Hearing Approve Minutes from March 25, 2008 City Commission Meeting 7.2 Travel Requests: Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. Request of Jeremy Earle, CRA Director, to attend the American Planning Association Annual Conference and Training in Las Vegas, NV, from April 26, 2008 —May 2, 2008 (Estimated cost $2,455.50) Continued until April 22, 2008 Addendum Request of Ivan Pato, City Manager, to attend the NCLGS Conference in Napa, CA, from June 12-15, 2008 (Estimated cost $1,272.00, City Manager paying airfare of $500.00; remaining budget $5,242.00) Commissioner Flury noted that Dania Beach is not a gaming City and may not be for several years. She thought this was a waste of time and money. Commissioner Bertino disagreed with Commissioner Flury. He thought it was important for City administration to be informed of what is happening in the gaming industry. Commissioner Bertino motioned to approve the travel request of City Manager Ivan Pato; seconded by Vice-Mayor Castro. City Manager Pato noted he met with representatives of Boyd Gaming last week. He advised they remain committed to moving forward with the Jai Alai Casino project as soon as the issues in Tallahassee are resolved. Commissioner Anton suggested waiting until the next NCLGS Conference in January, 2009. He said that the outcome on the Tax Reform issue should be known by then. The motion failed on the following 4-1 Roll Call vote: Commissioner Anton No Vice-Mayor Castro No Commissioner Bertino Yes Mayor Jones No Commissioner Flury No Resolutions 7.3 RESOLUTION#2008-058 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CONDEMNING THE OCCURRENCE OF HATE CRIMES WITHIN OUR COMMUNITY AND URGING THE PUBLIC TO EMBRACE THE DIVERSITY AMONG DANIA BEACH RESIDENTS; SUPPORTING THE EQUAL PROTECTION OF ALL PEOPLE; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PLAYGROUND EQUIPMENT FOR CHARLIE WILL THOMAS PARK IN AN AMOUNT NOT TO EXCEED$99,000.00 FROM CONTRACT CONNECTIONS INC.,UNDER THE CITY OF JACKSONVILLE Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. CONTRACT BID #SC-0511-06; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-057 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-057. Commissioner Flury questioned staffs recommendation to eliminate the Griffin Road Corridor Study in the amount of$100,000. Patricia Varney, Director of Finance, noted we would postpone the Griffin Road Study at this time. Commissioner Flury confirmed with Director Varney that as in previous years, the City will run the Summer Camp Programs for our children,with a$60,000 savings. Director Varney clarified for Commissioner Flury that the Reserves for future capital projects would be reduced by$35,000. Commissioner Bertino opposed the cancellation of the Griffin Road Corridor Study. He envisioned this Corridor as a major business area in our community. Vice-Mayor Castro supported Commissioner Bertino, however she questioned current staff resources to move forward with the Griffin Road Corridor Study. City Manager Pato noted we have been aggressively searching for a new Community Development Director, and will continue looking for a qualified candidate. The consensus of the Commission was to move forward with the Griffin Road Corridor Study. Director Varney noted that the Mid-Year Adjustment does not include the budget requested by the CRA Director in the amount of$261,895. Commissioner Flury noted that some time ago the City started a Disaster Recovery Fund with $1.5M. We have since received some insurance payments and that Fund has increased to $1.8M. She suggested we keep the $100,000 for the Griffin Road Corridor Study, and transfer the excess money from the Disaster Recovery Fund to the operating fund. Commissioner Flury motioned to adopt Resolution #2008-057, provided we keep the $100,000 for the Griffin Road Corridor Study; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Commissioner Anton motioned to adopt the Consent Agenda, with the addition of the City Manager's travel under Item #7.2, and with the exception of Items #7.2 and #7.5; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2008-061 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE MELLGREN PLANNING GROUP, INC. TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH THE NEIGHBORHOOD MASTER PLANS FOR COLLEGE GARDENS, DANIA BEACH HEIGHTS AND SUN GARDEN ISLES, FOR AN AMOUNT NOT TO EXCEED$145,975.00;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-061. Commissioner Anton clarified for the record that Vice-Mayor Castro will continue to be the lead person in connection with the Neighborhood Master Plan process. Vice-Mayor Castro motioned to adopt Resolution #2008-061; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (12-13.5 DWELLING UNITS/ACRE) FOR PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. City Attorney Ansbro read the title of Ordinance#2006-022. Corinne Lajoie, AICP, Principal City Planner, explained the location and history of the property. She noted that staff is concerned with the type of development which could occur on the property. Ms. Lajoie further indicated that staff would not support rental buildings at this location and instead of 16 units per acre, staff would recommend 12 units per acre, subject to certain conditions. She suggested the applicant meet with the City Attorney regarding staff conditions so they can be enforced against prospective purchasers. Ms. Lajoie advised that on May 17, 2006, the Planning and Zoning Board recommended approval of the proposed change in land use designation,based on the applicant's voluntary commitment to address staff conditions. Mayor Jones opened the Public Hearing. Scott Stuart, 5431 SW 44`h Avenue, noted the surrounding properties are zoned R-1. He indicated there is already a traffic problem in the area due to the Hard Rock Hotel & Casino and this development will only make it worse. Mr. Stuart estimated approximately 2,000 cars per night circulate within their community,plus weekends and days when the Casino has big events. Vice-Mayor Castro clarified that the City did not ignore the situation with this community, but at the time when the meetings were held, there was no consensus from the community as to what they wanted. Mr. Stuart noted they want the street closed and asked the City for guidance. Commissioner Flury suggested Mr. Stuart complete the Street Closure Request with the list of neighbors who would like this course of action and bring it back for processing. Steve Goldberg, 4010 SW 54`h Court, noted his house is directly behind the Sheridan House. He concurred that the traffic and trash is terrible. Commissioner Castro indicated that when the petition for the street closure is received, we should contact the Seminole Casino to confirm whether they would still agree to pay for some of the work that needs to be done in the area. She further noted that they are aware of the impact that their parking garage has caused to that neighborhood. Sam Alloy, 5520 SW 43`d Terrace, noted his backyard backs up to the Sheridan House property. He indicated people are trying hard to make the community correct and he offered his time to help get this problem resolved. Mr. Alloy commented the property at Sheridan House is approximately two feet lower than his property. He asked if he would need to build a fence in his backyard in order to keep his privacy. Hope Calhoun, Ruden McClosky, 200 E. Broward Boulevard, attorney for the applicant, noted they have submitted a Declaration of Restrictive Covenants including all staff conditions. The passive park will also be included in the document. She advised there was a traffic study conducted which showed a decrease in traffic trips. Attorney Calhoun further noted they would work with the community during site plan development. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Bertino suggested we continue this item until the next meeting to provide the neighbors with additional time. Motion died for lack of a second. Commissioner Flury clarified for the record that she does not want to go above 12 units per acre. Commissioner Bertino motioned to continue Ordinance #2006-022 until the April 22, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.2 ORDINANCE#2008-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE), INTERGOVERNMENTAL COORDINATION ELEMENT(ICE),AND THE CAPITAL IMPROVEMENTS ELEMENT(CIE) IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING-ADOPTION STAGE) City Attorney Ansbro read the title of Ordinance#2008-001. Leigh Kerr, AICP, Planning Consultant for the City, explained the process. He advised that if the City fails to adopt the amendments or adopts alternative language not acceptable to the School Board, the City faces sanctions such as the possible loss of state revenue sharing funds. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2008-001, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.3 ORDINANCE#2008-013 AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION AMENDING THE CITY OF DANIA BEACH'S COMPREHENSIVE PLAN TO ADOPT A WATER SUPPLY PLAN BY AMENDING THE TEXT OF Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m THE SANITARY SEWER, SOLID WASTE, POTABLE WATER, NATURAL GROUND AQUIFER RECHARGE ELEMENT (THE "INFRASTRUCTURE ELEMENT"), CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW; PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING—TRANSMITTAL STAGE) City Attorney Ansbro read the title of Ordinance#2008-013. Leigh Kerr, AICP, City Planning Consultant, noted this is required by state statute. He requested Commission approval for the transmittal of the updated Elements of the Comprehensive Plan for review and comment by the Florida Department of Community Affairs (DCA). Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2008-013, on first reading; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.4 RESOLUTION#2008-049 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY CLANCY NANAN REPRESENTING PROPERTY OWNERS CLYDE AND VICTORIA NANAN, FROM CHAPTER 12,ARTICLE III,"HAZARD REDUCTION", SECTION 12-52,FOR PROPERTY LOCATED AT 260 NW 14TH WAY, DANIA BEACH, IN AN AREA ZONED RD-8000 RESIDENTIAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from March 25,2008) City Attorney Ansbro read the title of Resolution#2008-049. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. She advised that the Public Services Director/City Engineer recommended that the builder add the 7.2 inches of concrete required to meet the City approved plans. The plans were approved showing an eight foot finished floor which satisfies the City's requirement of FEMA Plus One Foot. Vivian Piereschi, Senior Congressional Aide to Congresswoman Debbie Wasserman Schultz, noted that a FEMA representative was not able to attend due to budgetary constraints. They did send a reply to Attorney Ansbro's questions regarding the variance. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m City Attorney Ansbro noted FEMA is willing to meet with us on Monday, May 12, to review the flood issues and to provide any other technical assistance the City might need. He read the correspondence that he received from FEMA, which is attached to and incorporated into these minutes. City Attorney Ansbro stated for the record that if the variance is granted it will affect everyone's flood insurance rates. Clancy Nanan, property owner, noted his lender will not give him the extra money necessary to raise the floor. Vice-Mayor Castro noted that if the City grants this variance, they would put the whole City in jeopardy. She thought it would be irresponsible on the part of the Commission to agree to this request, although they understand Mr. Nanan's predicament. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to deny Resolution 42008-049; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 9.5 RESOLUTION#2008-056 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN APPROVAL OF USE (AA-17-08), SUBMITTED BY SUSAN P. MOTLEY, ESQUIRE WITH THE LAW FIRM OF RUDEN, MCCLOSKY,REPRESENTING HERITAGE-CRYSTAL CLEAN, LLC("CRYSTAL CLEAN") AS TENANTS OF PROPERTY OWNERS MILTON J. AND PATRICIA WALLACE AND JOSHUA L. AND PATRICIA BECKER DB/A PORT EVERGLADES COMMERCIAL TERMINAL,FOR PROPERTY LOCATED AT 950 ELLER DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-056. Corinne Lajoie, AICP, Principal City Planner, noted the request is to appeal an administrative decision. She noted the company collects and transports hazardous materials and the County requires a letter from the City stating that such use is permitted. Susan P. Motley, Ruden McClosky, Attorney for the applicant, advised the company provides and picks up cleaning solutions. She noted no combustibles, flammables or corrosives are stored in the building. None of the waste containers is ever opened, nor are any materials consolidated on site. Attorney Motley further indicated that the storage trailers, a maximum of two on-site at any one time, do not remain on site for any more than ten days. She advised that Crystal-Clean has been in operation since 2005 and their lease expires in April, 2010. Attorney Motley asked for approval of the request so they can get the zoning conformance letter required by Broward County. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m Bill Hearn, Regional Manager for Heritage-Crystal Clean, confirmed for Vice-Mayor Castro that they have not had any safety violations in his region. Commissioner Bertino did not think we should put our Fire Department at risk by allowing this company to continue its operation involving dangerous substances. He will not support the request. Attorney Motley read two letters received from the Dania Beach Fire Department/Bureau of Fire Prevention confirming their company was inspected and no fire or life safety violations were found. Vice-Mayor Castro thought that we should be more concerned with the hazardous materials handled by the surrounding companies in Port Everglades, than with this small business. Commissioner Flury noted that this type of business must deal with their hazardous waste in an appropriate way. She supported the request. Mayor Jones clarified with Attorney Motley that this company is under constant scrutiny from the Florida Department of Environmental Protection and other federal agencies as well. Attorney Motley pointed out that this type of business arose due to environmental concerns. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2008-056; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino No Mayor Jones Yes Commissioner Flury Yes 9.6 RESOLUTION#2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30T" AVENUE, SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-059. Corinne Lajoie, AICP, Principal City Planner, advised that the applicant is requesting an amendment to an approved plat to allow for offices and a vocational technical school. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. Commissioner Anton asked if a vocational technical school would qualify as a tax-exempt property. He pointed out that he will not vote on this item unless he has a legal response to his question. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to continue Resolution #2008-059 until the April 22, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented on a very positive letter he received from the residents at Lagoon Drive, Estates of Fort Lauderdale, regarding the median being built at Lakeshore Drive. They thanked the Commission and City staff for their efforts in addressing their concerns and having their problem resolved. 10.2 Commissioner Bertino Commissioner Bertino commended the Fire Department on their annual Fire Rescue Open House held March 29. He thought it was a great event for everyone's enjoyment. Commissioner Bertino commented the "March for Michael" event was fantastic. He hopes it will continue to grow in the years to come. Commissioner Bertino asked the Commission if they would like to look at changes and expand the uses in the IROM zoning district. He thought there was a lot of vacant land that could be developed and added to the tax roll. Vice-Mayor Castro agreed to look at possible changes in the IROM zoning district, provided that we discuss the current acceptable and excluded uses prior to making a decision. Commissioner Anton thought this was a good opportunity to make changes, while the Mellgren Planning Group is working on creating one City code. The consensus of the Commission was to review the IROM zoning district uses. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m 10.3 Commissioner Flury Commissioner Flury commented on the Citizen Survey and asked the City Manager to provide it to the public. Commissioner Flury noted she received complaints regarding RV's, boats and cars parked in front h yards. y She thought this situation made neighborhoods look unattractive and asked if we could review the code to specify that only one of these vehicles would be allowed. Corinne Lajoie, AICP, Principal City Planner, noted the one code review should be completed in approximately one year. She will add this issue to the list of items for review and bring it to Michele Mellgren at their meeting on Friday,April 11. Commissioner Flury suggested we clarify this before the new one code is finalized. Commissioner Flury questioned the roller rink at Frost Park next to the tiny tot area. Kristen Jones, Director of Parks and Recreation, noted her first option was to turn it into a multi- purpose court, but this would bring teenagers to the area. The second option is to remove the concrete, adding green space, a couple of shelters and some barbecue grills. It was the consensus of the Commission to start removing the concrete at Frost Park to implement the second option recommended by Director Jones. 10.4 Vice-Mayor Castro Vice-Mayor Castro confirmed with City Attorney Ansbro that the Interlocal Agreement with Broward County regarding the Library is almost complete and a meeting will be scheduled next week to have it finalized. Vice-Mayor Castro gave credit to Carole Duncanson, Lobbyist, for her assistance with the Florida Department of Transportation (FDOT) regarding the reduction of trafficways in the US 1 Corridor. She noted that FDOT agreed to write a letter to support our petition at the Broward County Planning Council which would eventually help with re-development in the TOD/TOC area. Vice-Mayor Castro further advised that at the meeting with FDOT they also agreed to donate the corner of Griffin Road and Interstate-95 to the City. She suggested we could use this area to place an entryway monument sign with some nice landscaping to welcome visitors to Dania Beach. Vice-Mayor Castro noted she has received a lot of compliments from people residing in the SW 4`h Street area regarding the sidewalk work and trees planted in the swales. She commended the Public Services Department and Chen and Associates for a job well done. Vice-Mayor Castro advised that she may not be able to attend the April 22 City Commission meeting,due to personal family matters. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. 10.5 Mayor Jones Mayor Jones commented the"March for Michael" event was great and very well attended. Mayor Jones advised that the American Legion Post 304 Annual Chicken Barbecue will be next Saturday, April 12, from 2:00- 6:00 p.m. Mayor Jones noted that the Broward League of Cities requested a Commission appointment to attend their meetings. The Commission selected the Mayor as their designee and the Vice-Mayor as the Alternate. Commissioner Bertino was designated as the second Alternate. Mayor Jones asked the Public Services Department to look at the drainage issues around C.W. Thomas Park near Collins Elementary. Mayor Jones noted he has received complaints regarding the Florida Power and Light overgrown berm near 6`n Avenue and 3'a Street. He asked staff to look at this problem. Vice-Mayor Castro questioned who owned the property on the south side of Griffin Road, between SR 7 (441) and the next four blocks,which has a chain link fence around it. She would like staff to negotiate with the owner to have something nice done to that piece of property. Mayor Jones asked for the status of the C.W. Thomas Park pool. Kristen Jones, Director of Parks and Recreation, advised the grand opening of the C.W. Thomas Park pool is scheduled for Monday, May 26. Mayor Jones asked for an update on the proposed SW Community Center. Dominic Orlando, Director of Public Services, noted he received an updated packet from Camp Dresser & McKee. He will review it to confirm they have addressed all our comments and will advertise for bids. Mayor Jones noted the brochures on Solar Lighting have been distributed. He further read a letter from State Representative Ron Klein commending the City of Dania Beach for implementing the solar lighting system. Mayor Jones advised that on April 23, 2008, he will be attending a meeting in Tallahassee regarding the Solar Lighting Program and the possibility of obtaining funding. He further commented that the City of Lighthouse Point has approached the Florida Department of Transportation regarding funding for solar lighting. Mayor Jones asked staff to request funding from FDOT to allow us to spread this energy-saving system throughout our City. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. Mayor Jones commented on Local Bill 392 and House Bill 181 which require cities to register on-line and list every contract they plan to sign, starting in 2009, with a value of$5,000 or more. He also noted that House Bill 683 and Senate Bill 2148 would change the manner in which local government performs public construction work and transportation projects. This mandate would restrict the use of City employees and equipment and would subject transportation projects to mandatory bidding requirements. Rose Lizana, Dania Beach Press, reminded everyone of the Relay for Life event to be held at Frost Park on April 18-19, 2008. She also advised that the Kiwanis Club will be holding their Golf Tournament on April 26, 2008. 11. Discussion and Possible Action There were no discussion items on this agenda. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Palo noted we will begin rebroadcasting our City Commission meetings on Channel 78, starting this Thursday, April 10, at 10:00 a.m. City Manager Pato advised he plans to have a brief presentation regarding the Citizen Survey at the April 22, 2008 Commission Meeting. He further noted that the results are also available on the City's Web Site. City Manager Pato advised he will be attending meetings in Tallahassee, with the Mayor, on April 23 and 24, 2008. 13.2 City Attorney City Attorney Ansbro had no continents. 13.3 City Clerk—Reminders Thursday, April 10, 2008—6:00 p.m. CRA Board Meeting Tuesday, April 22, 2008 —7:00 p.m. City Commission Meeting Wednesday, May 7, 2008 —6:00 p.m. CRA Board Meeting Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. 14. Adiournment Mayor Jones adjourned the meeting at 10:06 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON,CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,April 8,2008—7:00 p.m. CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ,! s �!s s!nE il fi.+ks,fi}P�N�'ss,'�srs4 y'id fi�k��ycR�uaus rS rr=,l o- °ak t� kW P:,ry , s r ' .. Pass a resolution in support of an application to the Florida Inland Navagation District for grant funding for Phase I cost of rebuilding the Dania Beach Marina. " r " iR d (` gE . a a ' m! ..: . s 8 d � �+ } :(! ,. , . : .� a . R t R ti , P y1}: y.. FIND requires a resolution of support from the governing body. iih } p t Iyi S RR i i tl f k 7 .. a dsr m+�yMil' i v ,i«ci Gi�f , 9:.r.. � �t 's .€i !}i r �y �,. {at p } !�. h 3 s fnc. .._.m. . ,. ,....._ ..r.,.>....; r= ... d s� ,.,, This action completes the City's application to FIND. It allows the City to apply for up to 50% of the reimbursement cost for Phase I - planning and permits to re-do the Dania Beach Marina. ....a..:.r,_. .,, .F,fl rsu }yRh - fi� .s , . . M! , �a R si5 9Ra s rs' . _s. l aE�v �. . , rss4 I Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ !R RIM hd gt 'dd'd ! H !v JJ �!}pvt g ,}4} i tlfi .H ice! i i�!. F i LA lRg �� IS 4!� F73 t!!nl� �N111 s I'!fissti s �s I s} y d : illdhag �e s.R. ej i !. t a- F3 � I ' .. v,i!Uidx ,+. „ miri ,. ,t,,.1 >.a3bEd .a._,:.....i '.filly 5„a....2+'„E s,:in., ...,t a„! I........u.91,E"'a¢�r ,,,< <` 'I'. , R,,;,r.�.a `� .. ...�,...t doh ., The City's marina has reached its useful life and requires rebuilding. An initial study on the marina determined that the layout of the marina was wasteful and that more slips could be added if rebuilt. Phase I funds will develop a plan and go through the permit process to the point of construction. Phase II is construction of the marina. The City can apply to FIND for 50% of construction costs. The City may also apply to Broward County for construction funds. UKHM 4 ,..., ., .,+,aSli t,T,u+v.,, f,t,rs„ ,v 7{,... 4ECj.LtNn,g4 I� .dr, �...: „� ,.,.: + .,.,: H e_ n_ _______ ..__.. .i_ .. ..... ..._: If the grant application is approved, it would save the City 50% of Phase I costs. h AT, 0. 2' F ,P =m I,+i i + i i II ,, i I€ 3 y„ itI#mgra y t i P� :.�.vy t i e i++p w. I.. a3 i + �� `x+ �,.:i i i +{7+ r+ i�� r r.,xuS .:. r f.I`.a€aa.: ,i 4`i ,y,„ �,.i�"x ,.,.,._ t' .x. _....,::, ..h._tr,.._ .__. . _ _ .... ,. Resolution Grant Application - Exhibit 2,3 and 4 Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 NOW +l ,F-7 F rSc� r:i f I 7+.unm—h„�.ffiy �I�{s 2 ii i 4r,"+i64 i Exfix MIR�.+yfU+i 7 e § i ;.s.r,t, a,.v..,.^*'+;.s...�&st.I,sit?.i>ir,.W, i...€m" ..,.. ...+ i .,,{_i. +xA+.+vi... ��� r�+v..._�.€x ii .. �+ .x ,-,. , Submitted by Colin Donnelly Date 04/15/08 Department Director Date Assistant City Manager Colin Donnelly Date 04/15/08 HR Director Date Finance Director Patricia Varney Date 04/15/08 City Attomev Thomas J. Ansbro Date 04/15/08 City Manager Ivan Pato Date 04/15/08 I -ONE- Is1'+ , '- r , ?r3�, at i" I MH �ag;' I.Eutiiii a r. ME-1 HIF Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-062 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT (INCLUDING TIME EXTENSIONS) WITH THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM FOR GRANT ASSISTANCE PERTAINING TO THE CITY OF DANIA BEACH MARINA RENOVATION AND EXPANSION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach is interested in carrying out the project known as the City of Dania Beach Marina Renovation and Expansion Project (the "Project') for the enjoyment of the citizenry of the City of Dania Beach and the State of Florida; and WHEREAS, the following is a brief description of the Project: Phase I — planning and permits for the renovation of the City of Dania Beach Marina at a cost of$192,500.00; and WHEREAS, Florida Inland Navigation District financial assistance is required to fund the Project mentioned above, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to make application to the Florida Inland Navigation District (F.I.N.D.) in the amount of 50% of the actual cost of the Project on behalf of the City of Dania Beach; the City is authorized to accept the award if granted and to execute a grant agreement, including any time extentions. Section 2. That the City Commission certifies the following: (a) That the Ctiy agrees to accept the terms and conditions set forth in F.I.N.D. Rule 6613-2 F.A.C. which will be a part of the Project Agreement for any assistance awarded under the proposal submitted by the City. (b) That the City is in complete accord with the attached proposal and that it will carry out the Project in the manner described in the proposal and any plans and specifications attached to it and will obtain prior approval for any change from the District. (c) That it has the ability and intention to finance its share of the cost of the Project and that the Project will be operated and maintained at the expense of the City of Dania Beach for public use. (d) That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and that it will design and construct all facilities to comply fully with statutes relating to accessibility by disabled persons as well as other federal, state and local laws, rules and requirements. (e) That it will maintain adequate financial records pertaining to the proposed Project to substantiate claims for reimbursement. (f) That it will make available to F.I.N.D. if requested, a post-audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by F.I.N.D. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 12008. ATTEST: LOUISE STILSON ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-062 ATTACHMENT E-1 WATERWAYS ASSISTANCE PROGRAM-NAVIGATION DISTRICTS PROJECT APPLICATION APPLICANT INFORMATION—PROJECT SUMMARY Applicant: Citv of Dania Beach Department: Office of the City Manager Project Title: Dania Beach Marina Restoration and Expansion Project Director: Jav 7ackson Dockmaster Project Liaison Agent Qf&fferen(from above): Colin Donnelly Liaison Agent Title: Assistant City Manager Address: 100 W.Dania Beach Blvd Dania Beach.Florida Zip Code: 33004 Telephone: (954)924 6800 ext.3613 Fax: (954)921-2604 Email: cdonnell ci.dania-beach.fl.us ***** I hereby certify that the in i ed in this application is true d curate.**** SIGNATURE: DATE: 1 PRO CT SUMMARY NARRATIVE (Please summarize the project in 2 paragraphs or less.) The City of Dania Beach is looking to completely renovate its small boat marina expand its capacity and make necessary repairs to the sea wall adjacent to the marina Towards that end the City is requesting funding in the amount of$192 000 to pay for the planamL and permitting of a"new" marina.Two years ago, the City of Dania Beach re-acquired a 92 slip marina located north of the Dania Beach Blvd.Bridge, along Whisky Creek adjacent to the Intracoastal Waterway. When re-acquired from Florida Atlantic Universfty,the condition of the marina poor offering few amenities and rental rates way below market. The marina is composed of 42 fixed slips and 50 floating slips In July 2007 the City engaged Cutcher and Associates, Inc. to do a preliminary marina evaluatiom which included the estimated cost of planning and permitting. The report concluded that due to the condition of the marina that it has reached its useful life and should be totally rebuilt Additionally,a new dock lout would yield additional dock space. The"new" marina would remain a public small boat marina which would be limited to boats no larger than 50 feet due to water depth of 5.5 MLW and a fixed bridge at the entrance to the marina. The new marina would be expanded northward toward the boundaries of the Ocean Park Dav Dock,a public dock. The Cfty believes that a"new" marina would be a successful venture since the availability of small boat marina space is decreasing the marina is 30 minutes to the ocean the site offers ample parking,a beach, restaurants and upgraded bathrooms and shower facilities. Form No. 93-22New 12/17/90,Rev.07-30-02 A"PnAA Pl ATTACHMENT E-3 PROJECT INFORMATION - NAVIGATION RELATED DISTRICTS Total Project Cost: $ $4,042,500 FIND Funding Requested: $_$2,021,250_ % of total cost: 50% Amount and Source of Applicants Matching Funds:_Phase I—Cost$192,500 mathching cost in the amount of$96,250 from City of Dania Beach Other(non-FIND) Assistance applied for(name of program and amount)_It is the intent of the City to apply to Broward _County's Broward Boating Improvement Program funds in the amount of$1,925,000 Ownership of Project Site (check one): Own: X Leased: Other: If leased or other, please describe lessor terms and conditions: Once completed, will this project be insured? Yes Explain: As a public marina owned and operated by the by the the City of Dania Beach it will insured as all other City assets Has the District previously provided assistance funding to this project or site? : No. If yes, please list: N/A What is the current level of public access in terms of the number of boat ramps, boat slips and trailer parking spaces, linear feet of boardwalk (etc.)? (as applicable): 92 wet slips How many additional ramps, slips, parking spaces or other public access features will be added by the completion of this project? (as applicable): _The 92 slips will be rebuilt and the marina expanded to the capacity that the site allows. Primlinaa plans do not include a boat launch If there are fees charged for the use of this project, please denote. How do these fees compare with fees from similar public & private facilities in the area?Please provide documentation Yes, the City currently charges for marina use ($460)which is under market,however the City will charge market rates when completedeted, see "Comparable Marina Propreties". Please list all Environmental Resource Permits Required for this project: Agency Yes/No N/A Date Applied For Date Received WMD X DEP X ACOE X COUNTY/CITY X Form No. 93-22a (New 10-14-92,Rev. 04-24-06,4-15-07) Agenda - 2 - Agenda -6- ATTACHMENT E-4 WATERWAYS ASSISTANCE PROGRAM NAVIGATION RELATED DISTRICTS APPLICATION EVALUATION AND RATING WORKSHEET The applicant is to complete this worksheet by entering the project title, applicant name and answers to the applicable questions. **Do not answer with more than three sentences.** All applicants must answer a total of ten questions. All applicants will complete Attachment E-4 of the worksheet, which includes questions 1 through 6. Each applicant will then complete one and only one sub-Attachment (E-4 A, B, C, D or E, questions 7-10) according to the applicant's project type in reference to Attachment B. The applicant should determine their project type (if the project incorporates more than one project type) by determining which project type is dominant in terms of project cost. All other sub-attachments that are not applicable to an applicant's project should not be included in the submitted application. APPLICATION TITLE: Dania Beach Marina Restoration and Epansion APPLICANT: City of Dania Beach CATEGORY RATING EVALUATION CRITERIA & RATING POINTS POINTS AVAILABLE 1) PRIORITY LIST: a) List the priority list category of this project from Attachment C in the application. (The application may only be of one type based upon the predominant cost of the project elements.) Acquisition & Development of Public Boat Docking & Mooring Facilities b) Explain how the project fits this priority category. The City of Dania Beach is restoring and expanding the Dania Beach marina. The marina will remain a public small boat manna with at least 10% of its space dedicated to transient vessels. (For reviewer only) Max. Available Score Range of Score (0 to 8 points) 2) WATERWAY RELATIONSHIP: a) Explain how the project directly relates to the ICW and the mission of the Navigation District. The marina is directly adjacent to ICW and boats must access the ICW to get to the Ocean and other waterways. b) How does the project benefit public navigation or access to the ICW or adjoining waterways? The project will give the boating public direct access to the ICW by slip rental or by providing boaters who travel along the ICW a transient slip. Dania Beach Marina is part the City's Ocean Park which allow boaters access to the beach,restaurants and picnic areas. Boaters may also access John U. Lloyd State Park via Whisky Creek. (For reviewer only) (0-6 points) 3) PUBLIC USAGE & BENEFITS: a) How is the public usage of this project clearly identified and quantified? The City of Dania Beach, as a creator of the State of Florida, may not discriminate in its duties and business, therefore access and use of the marina will be afforded equally to all of the boating public. b) Discuss the regional local public benefits and access to be provided by the project. Economic pressure to provide dock space for mega yachts has decreased the amount of dock space for small boats. This trend is truer in Broward County, the yachting capital. A public marina maybe the most affordable place that a small boater owner can keep a boat. The marina will continue to support the Marine Industry Association's plywood regatta. c) Estimate the amount of total public use. The estimate of public space is 99%. The City of Dania Beach has always provides a slip for the Broward County Sheriff's Marine Unit at its marina and will do so in the future. d) Can residents from other counties of the District reasonably use the project? Explain. It may not be reasonable to assume that boat owner would want to store their boat out of their "home" county, but if they choose to and there is space the City will rent to them. It is more likely that out of county boaters would utilize the transient slips. (For reviewer only) (0-8 points) 4) TIMELINESS a) Describe current status of the project and present a reasonable and effective timeline for the completion of the project consistent with Attachment E-8. In June 2007, Cuthcer Associates, a marine engineering firm hired by the City, conducted a preliminary assessment of the marina and concluded that it had reached its useful life. The Phase 1 of this project includes permits and design may take up to two years to complete. After permits, Phase II should take one year. b) Briefly explain any unique aspects of this project that could influence the project timeline. An environmental study provided to the City showed that sea grasses locations would not be effected by a new an expanded marina with a new layout. Dredging appears not to be an issue. (For reviewer only) (0-3 points) 5) COSTS & EFFICIENCY: a) List any additional funding sources and the status and amount of the corresponding funding that will be utilized to complete this project. As stated, the City has spoken with Broward County regarding the viability of funding this project through the BBIP and has received a positive response. b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. The City has adopted the use of solar powered street lights and would like to use this technology where practicle. c) Describe any methods to be utilized to increase the cost efficiency of this project. None known at this time. d) If there are any fees associated with the use of this facility, please detail. In addition, please provide a listing of the fees charged by similar facilities, public and private, in the project area. Current marina rates are $430/month for fixed docks and $230/month for floating docks. See table titled "Compariable Marina Properties". (For reviewer only) (0-6 points) 6)PROJECT VIABILITY: a) Does the project fill a specific need in the community? The Dania Beach boating is most likely to be effected by increasing dock rental fees and the loss of affordable small boat slips in Broward County. Although the City has residential dock space along the Dania Cutoff Canal, most City residents would benefit by a marina that has such close access to the ocean. b) Clearly demonstrate how the project will continue to be maintained after District funding is completed. The City has a dockmaster to run the marina and to coordinate maintenance, as well as, a Public Services department that is useful in making day-to-day repairs. Rental fees will be set aside for capital improvements. c) Will the program result in significant and lasting benefits? Yes, the marina will result in significant and lasting benefit to the public by taking a decrepit marina and making it safe, attractive boating environment. The City, with its mission to provide effective and efficient services to its residents will extend this mission to marina and boating public. (For reviewer only) (0-7 points) SUBTOTAL FIND FORM NO. 93-25 (Effective Date: 3-21-01,Revised 4-24-06) Agenda -'7- ATTACHMENT E-4A WATERWAYS ASSISTANCE PROGRAM NAVIGATION RELATED DISTRICTS APPLICATION EVALUATION AND RATING WORKSHEET DEVELOPMENT & CONSTRUCTION PROJECTS THIS ATTACHMENT IS TO BE COMPLETED IF YOUR PROJECT IS A DEVELOPMENT OR CONSTRUCTION PROJECT BUT IS NOT AN INLET MANAGEMENT OR BEACH RENOURISHMENT PROJECT. CATEGORY RATING EVALUATION CRITERIA &RATING POINTS POINTS AVAILABLE 7) PERMITTING: a) Have all required environmental permits been applied for? If permits are NOT required, explain why not. Permits have not been applied for since the City is still needs to be develop a design and plan for the proposed marina. b) If the project is a Phase I project, list the tasks scheduled to obtain the necessary permits and engineering work. Preliminary — Soil testing, laboratory analysis of soils, bathymetric survey; Design - New docks and utilities to maximize future revenues, value engineering of seawall retrofit; Permitting — State ; FDEP, FWC Federal; Army Corps of Engineers, USFWS, NMFS; and Construction Administration — Construction and contract document preperation, bid advertisement and selection, construction oversight and certification c) Detail any significant impediments that may have been identified that would potentially delay the timely issuance of the required permits. None known at this time. (For reviewer only) (0-4 points) Agenda -8- 8) PROJECT DESIGN: a) Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? A prelimary design of sorts was completed with the Cutcher Associates report, when he concluded that the marina expansion is possible. The marina can only expand to the north, but that is confined by the Ocean Park Day Dock. b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, decrease environmental impacts, improve water quality or reduce costs? The marina is located in a public park and adjacent to an existing public day dock. There is ample pubic parking in the park. Water quality will be improved by the introduction of a swage pump out system. (For reviewer only) (0-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques to be utilized for this project. The City would like to phase the project to keep marina operational. b) How are the construction techniques utilized appropriate for the project site? Access to the docks can be made from anywhere along the sea wall, thus allowing for phasing of demotion and construction. c) Identify any unusual construction techniques that may increase or decrease the costs of the project. A retrofix of the sea wall could decrease the cost to $400,000 from the $1,750,000 estimated for a complete replacement. (For reviewer only) (0-3 points) Agenda -9- 10) CONSTRUCTION MATERIALS: a) List the materials to be utilized for this project. What is the design life of the proposed materials? No determination has been made, however, the City will consider recycled materials. b) Describe any recyclable material to be utilized. How does the recyclable material (if any) compare to other available material? No determination has been made, however, the City will consider recycled materials. c) Identify any unique construction materials that may significantly alter the project costs. (For reviewer only) (0-3 points) RATING POINT TOTAL (Note: The total maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency-related project. The minimum score possible is 0 points. A score of 35 points or more is required to be considered for funding.) Form No. 93-25A (Effective Date: 3-21-01,revised 04-24-06) ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PROJECT COST ESTIMATE (See Rule Section 6613-2.005 & 2.008 for eligibility and funding ratios) PROJECT TITLE: Dania Beach Marina Restoration and Expansion APPLICANT: City of Dania Beach Project Elements Quantity Estimated Applicant's Cost FIND Cost (Please list the MAJOR project elements and Cost provide a general cost break out for each one. (Number and/or Footage) For Phase I Projects,please list the major elements and products expected) Phase I Preliminary- Soil testing, laboratory analysis of soils, bathymetric survey, detailed examination of sea wall. Design - New docks and utilities to Phase I costs are maximize future revenues, value $192,500 which is engineering of seawall retrofit estimated at 5% of the $96,250 $96,250 construction cost of Permitting- State ; FDEP, FWC Federal; Phase II. Army Corps of Engineers, USFWS, NMFS Construction Administration -Construction and contract document preperation, bid advertisement and selection, construction oversight and certification Phase II Dock Replacement with Utilities (includes Pumpout Station, fish cleaning station). 16,525 SF @ cost of $1,050,000 $1,050,000 $2,100,000 Sea wall Replacement $875,000 $875,000 $1,750,000 ** TOTALS = $ 4,042,500 $ 2,021,250 $ 2,021,250 Agenda - 10 - ATTACHMENT E-8 WATERWAYS ASSISTANCE PROGRAM PROJECT TIMELINE The applicant is to present a detailed timeline on the accomplishment of the components of the proposed project including completion dates, as applicable, for; permitting, design, bidding, applicant approvals, initiation of construction and completion of construction. October 2008 —Notice to Proceed from FIND October 2008 —Issue a request for Letter of Interests for Marine Engineering Services for Phase 1. December 2008 —Award contract for Phase I. Start design and permit process- anticipate a two year process January 2010 —Advertise for Bids for reconstruction of marina and seawall March 2010 — Award Bid to Contractor for work — estimate 1 year to complete. March 2011 — Complete Project. FIND Form 96-10 (effective date 4-15-07) CITY OF DANIA BEACH Agenda Item # �• Agenda Request Item Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 19`� ,y�th !+! . h§!� ! h ra!Id§3�'� ua !. ! Adopt a Resolution establishing a grant advisory board within the City Request of Mayor Jones and affirmed by Commission to create such a board £ +a v . hv ! ! ! I!! yr ! r q � E M+. Established Grant Advisory Board Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ E, _ !g g I cu. ! M .I{"r yr t ..+ °!.+! 4h!y v ! ! !Evt 3 �t 3 ...,,.;6 .6 ,. ....E,, ra ,. .r.,,d .r, ., ,.,.' „ , ....,.A e„t ta.,ud ! !t.,,:a Er ,,, it,!,zip!E a!i}h. ,.!: F Un Summary None Known. EadtlpMs A ad Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Colin Donnelly Date 04/15/08 Department Director Date Assistant City Manager Colin Donnelly Date 04/15/08 HR Director Date Finance Director Date City Attomey Thomas J. Ansbro Date 04/15/08 Gty Manager Ivan Pato Date 04/15/08 User Creating Item Item Name (do not use/or\in name) Colin Donnelly grant advisory board (u to mn r (i�t i+t 1 �thtae.: , µ1�d�9h� iii 1,I i na : v IFM�E},. , G nyI N340r4, .. wV,. 5n. Commission Action: Approved: 0 Denied: ❑ Continued to: ❑ RESOLUTION NO 2008-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE GRANT ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND TERMS OF MEMBERS, AS WELL AS DUTIES AND RESPONSIBILITIES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1 of Article 3, Part XI of the City Charter authorizes the City Commission to create advisory boards by resolution; and WHEREAS, the City Commission has determined that it is advisable to create a Grant Advisory Board to assist the City in identifying and obtaining grants; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Dania Beach, Florida establishes and creates the Grant Advisory Board. Section 2. That each City Commissioner is entitled to appoint one (1) member to such Board from time to time, and each appointee shall serve a term consistent with the duration of the term of the appointing Commissioner and without compensation at the pleasure of the City Commission of the City of Dania Beach. Section 3. That the members of such Board shall not exceed five (5) in number, each of whom shall be a registered voter within the City of Dania Beach and each of whom shall have been a resident of the City of Dania Beach for a minimum of six (6) months prior to any such appointment. Section 4. That the members of such Board shall have experience in grant writing or administering grant funded programs, or related to grants involving a community based organization ("CBO"). Members shall be chosen from the following experience categories: governmental agency, health-related agency, an area school, a public safety entity, a college or university, and a legislative aide or staff person. Section 5. That any member missing three (3) consecutive meetings shall automatically be removed from the Board and replaced in the same manner in which that member was originally appointed. Section 6. That such Board shall meet from time to time under rules and regulations which it may promulgate. At the first meeting of the Board, the members shall elect a chairperson and a vice-chairperson. Section 7. That within thirty (30) days of the passage and adoption of this Resolution, the City Commission, by motion, shall designate and appoint the initial members of the Board. Section 8. That the duties and responsibilities of such Board shall be to: (a) assist City administration in finding grant opportunities that would benefit the City; (b) recommend to the City Commission applications for grant opportunities that the Board finds to be advantageous to the City; (c) assist CBO's in identifying grant opportunities; (d) assist CBO's in applying for grants; (e) assist and guide residents in establishing a CBO, the purpose of which would be to meet the goals and needs of the Dania Beach community; (f) assist in helping CBO's to become self-supportive through partnerships with other CBO's, the business community, governmental entities, and volunteers. 2 RESOLUTION#2008-064 Section 9. That the chairperson of the Board shall be afforded the opportunity to request that the City Commission place on its agenda for discussion any recommendations or suggestions made by the Board. Section 10. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 11. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008 ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-064 - CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ut I r-=e�v v A7ri vp ra.t hf"ri t-4 x 1tpt '. i �,. };,��`; { t r. Et t�t I�+ .. d? r ii a' c-� .�SU r_.._i.t,� ...:F,avir t, i,.,. .,..� ,,`aa5W.0M.t _,..,�!!,,�� :, a,;: ':. t,.,:.,,al,,..rt.i'. Adopt CRA budget as per approval by the CRA board "�,t3r ry SO ME f a t iy.: t t� :r It( t m ii,ni Itrs t is r�t it i i t n. i x as. �s. Be r w �t r - t n t t 'ri .b..m�t �... ..... �h' ._._.p.t u...v.T As per City's ordinance ... tom, y- �RJ+ r,,'tW -0tt � i?-3„0 v�ti t 44 ER, i iim tr 7� ��t' r '�`v T':a, Rd -}' r j � r ...a G'sa.mot—a...;,;. � ,,.,m t„ aa. ..°.t_'�: Frw.� �:,,�:,.i ti a ii.?... a r ,: y �.. i i 4rl iiytav s'1 ,, t r p �r a ~L R i6 a a �. i i f r t k , �, rr i' t� N r :r "' . ' ,' *Y t�9 y*U. a,,� ii i.{. ,_.. .. ...,... �iMOM Y.i� 'tPr17,C'tii o- ....,.a, ....... ,t ._.,.r .a Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ I ._I r .. �.. W��� ,,q i" PRt' 4 CIS to i i nt} t �,i >�l"hii� i �eilR `h�,',ti I9 '`t�kh ," JF'ri � ,,fir, €, 3 '{'S 5 +'i �� ? i I�i 4+NMIF t 3.:H,° t h 1 G'�t �Fdd it E,� �tl' .att`�is im I See staff memo F ilkial q>t ost. tmw 411 SUN'M !ti4 . w vt�.ate x ' Staff Memo Resolution Florida Statute (hard copy) Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 gem Submitted by Patricia Varney Date 04/15/08 Department Director Date Assistant City Manaaer Date HR Director Date Finance Director Patricia Varney Date 04/15/08 ON Attomev Thomas J. Ansbro Date 04/15/08 City Manaaer Ivan Pato Date 04/16/08 User Creating Item Item Name (do not use/or\in name) Patty Varney CRA budget yii � i IDS h'� .� i `� d + a� F? F+Y ti >N 3 rlll ,ah;i�4rv�h' v, S 'v,�,; 1� �,i�: �� i�Ir ;�ri lii �� si .� rfM of '"d nor c rqS t'rlP" i�.. 1....... ry .a, Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-066 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING AN ANNUAL BUDGET AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2007-2008 FOR THE COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of the Community Redevelopment Agency of the City of Dania Beach approved a budget for fiscal year 2007-2008 at the April 10, 2008 Board meeting; and WHEREAS, the City Commission has approved in the FY 2007-2008 budget the funding of the CRA Director Position; and WHEREAS, Resolution 2004-065 required the establishment of the Communit y Redevelopment Trust Fund that accounts for separate accounting of CRA expenditures; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That an operating budget (Attachment A) in the amount of $261,895.00 is approved and appropriated from the "Reserve for Disaster Recovery" fund. Section 2. That the Director of Finance is authorized to transfer the required funding at the end of each month, within the budget allocation, to fund the actual expenses incurred within the budget allocation which includes the CRA Director remuneration and benefits. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. i Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-066 Exhibit A uPUMPH i F 'sGavv tP1ijGv eG� v ,+MR Grant Writer $ 22,495.00 Part Time Clerical $ 7,200.00 Full Time Clerical $ - Consultant Services $ 140,000.00 Legal Services $ 75,000.00 Travel and Meetings $ 3,500.00 Books and Subscriptions $ 1,500.00 Office Supplies $ 1,200.00 Computer $ 2,500.00 Printing and Binding $ 2,500.00 Temp Help/City Staff $ 3,000.OD Misc. Expenses $ 1,000.00 Software $ 2,000.00 $ 261,895.00 3 RESOLUTION#2008-066 CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Mayor& Commission Memo: DF-08-17 VIA: Ivan Pato, City Manager FROM: Patricia Varney, Director of Finance DATE: April 15, 2008 SUBJECT: CRA Budget At the CRA Board meeting on April 10, 2008, the Board approved a CRA budget of$261,895 for fiscal year 2008. The City Commission also approved in the FY 2008 budget the engagement of the CRA Director, which is currently allocated under the General Fund Budget. According to Florida Statutes Chapter 163, a community redevelopment is fund to be established. All expenditures including the salary and fringe benefits of the CRA Director are accounted for under a Special Revenue fund known as CRA Trust Fund. The auditor and I have reviewed a testing and the CRA will be reported as a"blended component unit" and will be reported as such in the City's FY 2008 financial statement. The attached resolution is to adopt the Budget by the City Commission as approved by the Board. The resolution also addressed the actual transfer of funds which includes the CRA Director's salary and fringe benefits. According to Florida Statute 163.387 (7), a copy of which is attached, disposition of any "increment" money left in the trust fund at the end of each fiscal year is addressed. Since we do not have tax increment revenue, the provisions do not appear to be applicable. However, it seems that Funds transferred to the CRA from the General Fund will have to remain in the CRA Redevelopment Trust Fund. My recommendation is to transfer the actual expenses every month instead of the entire budgeted amount. This does not preclude the CRA Director from spending any money that is within the CRA budget. I am also seeking direction from the Commission and am recommending that the current funding of the CRA attorney under the City Commission budget be also transferred to the CPA Trust Fund. A budget of$45,000 was appropriated in the FY 2008, and the actual expenses as of February, 2008 are $8,328.48. Statutes & Constitution :View Statutes :->2007->Ch0163->Section 387 : flsenate.gov Page 1 of 5 Select Year: 2007 Go The 2007 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chaoter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.387 Redevelopment trust fund.-- (1)(a) After approval of a community redevelopment plan, there may be established for each community redevelopment agency created under s. 163.356 a redevelopment trust fund. Funds allocated to and deposited into this fund shall be used by the agency to finance or refinance any community redevelopment it undertakes pursuant to the approved community redevelopment plan. No community redevelopment agency may receive or spend any increment revenues pursuant to this section unless and until the governing body has, by ordinance, created the trust fund and provided for the funding of the redevelopment trust fund until the time certain set forth in the community redevelopment plan as required by s. 163.362(10). Such ordinance may be adopted only after the governing body has approved a community redevelopment plan. The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: 1. The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and 2. The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. However, the governing body of any county as defined in s. 125.011(1) may, in the ordinance providing for the funding of a trust fund established with respect to any community redevelopment area created on or after July 1, 1994, determine that the amount to be funded by each taxing authority annually shall be less than 95 percent of the difference between subparagraphs 1, and 2., but in no event shall such amount be less than 50 percent of such difference. (b)1. For any governing body that has not authorized by June 5, 2006, a study to consider whether a finding of necessity resolution pursuant to s. 163,355 should be adopted, has not adopted a finding of necessity resolution pursuant to s. 163,395 by March 31, 2007, has not adopted a community redevelopment plan by June 7, 2007, and was not authorized to exercise community redevelopment powers pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter, the amount of tax increment to be contributed by any taxing authority shall be limited as follows: a. If a taxing authority imposes a millage rate that exceeds the millage rate imposed by the governing body that created the trust fund, the amount of tax increment to be contributed by the taxing authority imposing the higher millage rate shall be calculated using the millage rate imposed by the governing body that created the trust fund. Nothing shall prohibit any taxing authority from voluntarily contributing a tax increment at a higher rate for a period of time as specified by interlocal agreement between the taxing authority and the community redevelopment agency. http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search_String=&URL=... 4/16/2008 Statutes & Constitution :View Statutes :->2007->Ch0163->Section 387 : flsenate.gov Page 2 of 5 b. At any time more than 24 years after the fiscal year in which a taxing authority made its first contribution to a redevelopment trust fund, by resolution effective no sooner than the next fiscal year and adopted by majority vote of the taxing authority's governing body at a public hearing held not less than 30 or more than 45 days after written notice by registered mail to the community redevelopment agency and published in a newspaper of general circulation in the redevelopment area, the taxing authority may limit the amount of increment contributed by the taxing authority to the redevelopment trust fund to the amount of increment the taxing authority was obligated to contribute to the redevelopment trust fund in the fiscal year immediately preceding the adoption of such resolution, plus any increase in the increment after the adoption of the resolution computed using the taxable values of any area which is subject to an area reinvestment agreement. As used in this subparagraph, the term "area reinvestment agreement' means an agreement between the community redevelopment agency and a private party, with or without additional parties, which provides that the increment computed for a specific area shall be reinvested in services or public or private projects, or both, including debt service, supporting one or more projects consistent with the community redevelopment plan that is identified in the agreement to be constructed within that area. Any such reinvestment agreement must specify the estimated total amount of public investment necessary to provide the projects or services, or both, including any applicable debt service. The contribution to the redevelopment trust fund of the increase in the increment of any area that is subject to an area reinvestment agreement following the passage of a resolution as provided in this sub-subparagraph shall cease when the amount specified in the area reinvestment agreement as necessary to provide the projects or services, or both, including any applicable debt service, has been invested. 2. For any community redevelopment agency that was not created pursuant to a delegation of authority under s. 163.410 by a county that has adopted a home rule charter and that modifies its adopted community redevelopment plan after October 1, 2006, in a manner that expands the boundaries of the redevelopment area, the amount of increment to be contributed by any taxing authority with respect to the expanded area shall be limited as set forth in sub-subparagraphs 1.a. and b. (2)(a) Except for the purpose of funding the trust fund pursuant to subsection (3), upon the adoption of an ordinance providing for funding of the redevelopment trust fund as provided in this section, each taxing authority shall, by January 1 of each year, appropriate to the trust fund for so long as any indebtedness pledging increment revenues to the payment thereof is outstanding (but not to exceed 30 years) a sum that is no less than the increment as defined and determined in subsection (1) or paragraph (3)(b) accruing to such taxing authority. If the community redevelopment plan is amended or modified pursuant to s. 163.361(1), each such taxing authority shall make the annual appropriation for a period not to exceed 30 years after the date the governing body amends the plan but no later than 60 years after the fiscal year in which the plan was initially approved or adopted. However, for any agency created on or after July 1, 2002, each taxing authority shall make the annual appropriation for a period not to exceed 40 years after the fiscal year in which the initial community redevelopment plan is approved or adopted. (b) Any taxing authority that does not pay the increment revenues to the trust fund by January 1 shall pay to the trust fund an amount equal to 5 percent of the amount of the increment revenues and shall pay interest on the amount of the unpaid increment revenues equal to 1 percent for each month the increment is outstanding, provided the agency may waive such penalty payments in whole or in part. (c) The following public bodies or taxing authorities are exempt from paragraph (a): 1. A special district that levies ad valorem taxes on taxable real property in more than one county. 2. A special district for which the sole available source of revenue the district has the authority to levy is ad valorem taxes at the time an ordinance is adopted under this section. However, revenues or aid that may be dispensed or appropriated to a district as defined in s. 388.011 at the discretion of an entity other than such district shall not be deemed available. http://www.flsenatc.gov/Statutes/index.cfin?p=2&App_mode=Display_Statute&Search string=&URL=... 4/16/2008 Statutes & Constitution :View Statutes :->2007->Ch0163->Section 387 : flsenate.gov Page 3 of 5 3. A library district, except a library district in a jurisdiction where the community redevelopment agency had validated bonds as of April 30, 1984. 4. A neighborhood improvement district created under the Safe Neighborhoods Act. 5. A metropolitan transportation authority. 6. A water management district created under s. 373.069. (d)1. A local governing body that creates a community redevelopment agency under s. 163.356 may exempt from paragraph (a) a special district that levies ad valorem taxes within that community redevelopment area. The local governing body may grant the exemption either in its sole discretion or in response to the request of the special district. The local governing body must establish procedures by which a special district may submit a written request to be exempted from paragraph (a). 2. In deciding whether to deny or grant a special district's request for exemption from paragraph (a), the local governing body must consider: a. Any additional revenue sources of the community redevelopment agency which could be used in Lieu of the special district's tax increment. b. The fiscal and operational impact on the community redevelopment agency. c. The fiscal and operational impact on the special district. d. The benefit to the specific purpose for which the special district was created. The benefit to the special district must be based on specific projects contained in the approved community redevelopment plan for the designated community redevelopment area. e. The impact of the exemption on incurred debt and whether such exemption will impair any outstanding bonds that have pledged tax increment revenues to the repayment of the bonds. f. The benefit of the activities of the special district to the approved community redevelopment plan. g. The benefit of the activities of the special district to the area of operation of the local governing body that created the community redevelopment agency. 3. The local governing body must hold a public hearing on a special district's request for exemption after public notice of the hearing is published in a newspaper having a general circulation in the county or municipality that created the community redevelopment area. The notice must describe the time, date, place, and purpose of the hearing and must identify generally the community redevelopment area covered by the plan and the impact of the plan on the special district that requested the exemption. 4. If a local governing body grants an exemption to a special district under this paragraph, the Local governing body and the special district must enter into an interlocal agreement that establishes the conditions of the exemption, including, but not limited to, the period of time for which the exemption is granted. 5. If a local governing body denies a request for exemption by a special district, the local governing body shall provide the special district with a written analysis specifying the rationale for such denial. This written analysis must include, but is not limited to, the following information: http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search String=&URL=... 4/16/2008 Statutes & Constitution :View Statutes :->2007->Ch0163->Section 387 : flsenate.gov Page 4 of 5 a. A separate, detailed examination of each consideration listed in subparagraph 2. b. Specific examples of how the approved community redevelopment plan will benefit, and has already benefited, the purpose for which the special district was created. 6. The decision to either deny or grant an exemption must be made by the local governing body within 120 days after the date the written request was submitted to the local governing body pursuant to the procedures established by such local governing body. (3)(a) Notwithstanding the provisions of subsection (2), the obligation of the governing body which established the community redevelopment agency to fund the redevelopment trust fund annually shall continue until all loans, advances, and indebtedness, if any, and interest thereon, of a community redevelopment agency incurred as a result of redevelopment in a community redevelopment area have been paid. (b) Alternate provisions contained in an interlocal agreement between a taxing authority and the governing body that created the community redevelopment agency may supersede the provisions of this section with respect to that taxing authority. The community redevelopment agency may be an additional party to any such agreement. (4) The revenue bonds and notes of every issue under this part are payable solely out of revenues pledged to and received by a community redevelopment agency and deposited to its redevelopment trust fund. The lien created by such bonds or notes shall not attach until the increment revenues referred to herein are deposited in the redevelopment trust fund at the times, and to the extent that, such increment revenues accrue. The holders of such bonds or notes have no right to require the imposition of any tax or the establishment of any rate of taxation in order to obtain the amounts necessary to pay and retire such bonds or notes. (5) Revenue bonds issued under the provisions of this part shall not be deemed to constitute a debt, liability, or obligation of the public body or the state or any political subdivision thereof, or a pledge of the faith and credit of the public body or the state or any political subdivision thereof, but shall be payable solely from the revenues provided therefor. All such revenue bonds shall contain on the face thereof a statement to the effect that the agency shall not be obligated to pay the same or the interest thereon except from the revenues of the community redevelopment agency held for that purpose and that neither the faith and credit nor the taxing power of the governing body or of the state or of any political subdivision thereof is pledged to the payment of the principal of, or the interest on, such bonds. (6) Moneys in the redevelopment trust fund may be expended from time to time for undertakings of a community redevelopment agency as described in the community redevelopment plan for the following purposes, including, but not limited to: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants within or outside the community redevelopment area as provided in s. 163.370, (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. http://www.flsenate.gov/Statutes/index.cfin?p=2&App_mode=Display_Statute&Search String=&URL=... 4/16/2008 Statutes & Constitution :View Statutes :->2007->ChO 163->Section 387 : flsenate.gov Page 5 of 5 (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the community redevelopment area. (h) The development of community policing innovations. (7) On the last day of the fiscal year of the community redevelopment agency, any money which remains in the trust fund after the payment of expenses pursuant to subsection (6) for such year shall be: (a) Returned to each taxing authority which paid the increment in the proportion that the amount of the payment of such taxing authority bears to the total amount paid into the trust fund by all taxing authorities for that year; (b) Used to reduce the amount of any indebtedness to which increment revenues are pledged; (c) Deposited into an escrow account for the purpose of later reducing any indebtedness to which increment revenues are pledged; or (d) Appropriated to a specific redevelopment project pursuant to an approved community redevelopment plan which project will be completed within 3 years from the date of such appropriation. (8) Each community redevelopment agency shall provide for an audit of the trust fund each fiscal year and a report of such audit to be prepared by an independent certified public accountant or firm. Such report shall describe the amount and source of deposits into, and the amount and purpose of withdrawals from, the trust fund during such fiscal year and the amount of principal and interest paid during such year on any indebtedness to which increment revenues are pledged and the remaining amount of such indebtedness. The agency shall provide by registered mail a copy of the report to each taxing authority. History.--s. 11, ch. 77-391; s. 78, ch. 79.400; s. 9, ch. 83-231; s. 15, ch. 84-356; s. 27, ch. 87-224; s. 35, ch. 91.45; s. 4, ch. 93-286; s. 10, ch. 94.236; s. 1, ch. 94-344; s. 10, ch. 98-314; s. 8, ch. 2002-18; s. 8, ch. 2002-294; s. 7, ch. 2006-307. Disclaimer:The information on this system is unverified.The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright®2000-2006 State of Florida. http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search String=&URL=... 4/16/2008 � 76 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Patty Varney, Finance Director FROM: Thomas J. Ansbro, City Attorney DATE: April 15, 2008 RE: Proposed Amendment to Beach Grille Lease Louis Demas, President of Dania Beach Grille, Inc. recently exercised the option to renew the Lease. The current Lease is dated February 14, 1999 (although there was a prior lease for the property with the same tenant for a number of years). The Lease has been amended on three occasions since 1999. As a result of the exercise of the option, the lease, which was set to expire February 15, 2009, has been extended to February 15, 2014. The Commission may recall that as a result of review by the Broward County Property Appraiser of various properties, it was discovered that property taxes were not being paid under this Lease although the Lease specified that the taxes are the Tenant's responsibility. Mr. Demas then requested that the City relieve hire from paying the otherwise applicable annual rental increase of four percent (4%) and pursuant to a December 14, 2006 Third Amendment to Lease, the Tenant was permitted from that date until the end of the regular term (February 15, 2009), to pay rent without the adjustment. The current annual rent is $29,856.00 per year. Mr. Demas has now requested another Lease amendment to allow him to extend the Lease for another option period of five (5) years, i.e., from February 15, 2014 to February 15, 2019. In addition, he has offered to pay an adjusted rental, based on a C.P.I. formula. The adjusted rental would begin on February 15, 2009. If the City Commission is willing to grant the request, a Resolution authorizing execution of a Fourth Amendment to Lease can be executed by City official (copies of the Resolution and amendment are attached). TJA:slw Attachment RESOLUTION NO. 2008-065 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FOURTH AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILLE, INC. TO GRANT AN ADDITIONAL OPTION TO THE TENANT TO EXTEND THE LEASE ANOTHER FIVE (5) YEARS FROM FEBRUARY 15, 2014 TO FEBRUARY 15, 2019; PROVIDING FOR A RENTAL ADJUSTMENT BASED UPON A CONSUMER PRICE INDEX FORMULA; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Fourth Amendment to the Lease Agreement existing between the City of Dania Beach and Dania Beach Grille, Inc., a copy of which Amendment is attached, marked as Exhibit "A" and incorporated into this Resolution by this reference. Section 2. The City Manager and City Attorney are authorized to make minor revisions to such Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY FOURTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND DANIA BEACH GRILL, INC. This is a Fourth Amendment to a Lease Agreement, which Lease Agreement exists between the City of Dania Beach, Florida, as Landlord ("Landlord") and Dania Beach Grill, Inc., a Florida corporation as Tenant("Tenant'). This Fourth Amendment is entered into and becomes effective on , 2008, and it is an amendment to the existing Lease Agreement, which Agreement is dated February 14, 1999 (the "Agreement'). The Landlord and Tenant wish to amend the Agreement. In consideration of the mutual covenants terms and n 'co drttons contained in the Agreement and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Term. Paragraph 3 of the Agreement entitled "TERM", is amended to add the following: The parties acknowledge and agree that Tenant timely exercised the option to renew the term for an additional five (5) year period and, therefore, the term will expire on February 15, 2014. The parties agree that Tenant shall have the option to renew the Lease for an additional five (5) year term which would begin immediately after the current term expires, which term will expire on February 15, 2014. Tenant shall provide notice of its exercise of such option at least three (3) months before February 15, 2014. Such option may only be exercised if Tenant is in full compliance with the provisions of the Lease and the rental is current. 2. Paragraph 4, entitled "RENT" is amended to add in the following to subparagraph 4(a): Beginning February 15, 2009, and each anniversary thereafter until the expiration of the lease ("Adjustment Date"), the monthly payment amount shall be adjusted by multiplying the applicable payment then being paid by a fraction, the numerator of which shall be the Consumer Price Index —U.S. South Urban for all items (1982-84 equals 100) ("CPI") for the month prior to the Adjustment Date, and the denominator of which shall be the CPI of February of the prior Lease Year. Should the CPI be unavailable on the Adjustment Date, the monthly payments shall remain unchanged until such time as the CPI becomes available. The monthly payments shall be adjusted retroactively for the Lease Year if applicable, and any shortfall in the monthly payments shall be made in the month following the month when the CPI becomes available. In no case shall the adjustment exceed five percent (5%) of the amount being paid in the prior Lease Year. 'As an example,during the Lease Year running from February 15,2009 to February 14,2010,the CPI for January 2009 shall be the numerator and the CPI for February 2008 shall be the denominator. 2 RESOLUTION#2008-065 3. In all other respects, except as amended by this Amendment to the Lease is ratified and reaffirmed and remains in full force and effect. IN WITNESS OF THE FOREGOING, the parties have executed this Fourth Amendment on the day and year first above written, effective retroactively on the date specified above. LANDLORD CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: BY: Louise Stilson, City Clerk Ivan Pato, City Manager APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Ansbro, City Attorney 3 RESOLUTION#2008-065 TENANT: Signed, sealed and delivered DANIA BEACH GRILL, INC., in the presence of: a Florida corporation BY: Signature Louis Demas, President Print Name Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008, by Louis Demas, as President of Dania Beach Grill, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: 4 RESOLUTION#2008-065 CITY OF DANIA BEACH / 77 COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 22, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner el v SUBJECT: 2008 Urban and Community Forestry Grant Staff would like to apply for an Urban and Community Forestry Grant. If awarded, the grant can help fund various landscape related activities. Some examples of such activities are listed below. Revision of Tree Protection Ordinance; Professional staffing for program development: i.e. funding for E Sciences/your staff to develop a landscape plan guidance document (to streamline landscape review process), addition of guidance documents to Dania Beach website; In-house training for code-compliance inspectors/planners on tree grades/standards, hazard trees, other common arboricultural issues so that staff can more adeptly perform inspections, provide comments during site plan review, etc.; and Purchase of educational brochures (from ISA, others) to have at the City Hall to give out to citizens as needed. While the grant will only provide matching funds for one year, the city may apply for the same grant each year. STAFF RECOMMENDATION Approve the attached resolution supporting the grant application. RESOLUTION NO. 2008-070 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, trees are an important part of our community; and WHEREAS, the City of Dania Beach desires to apply for an Urban and Community Forestry Grant which would provide monies in which to help fund the citizen forester program; and WHEREAS, the City of Dania Beach wishes to enter into an Urban and Community Forestry Grant Memorandum of Agreement between the City of Dania Beach, Florida and the State of Florida Department of Agriculture and Consumer Services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. The Dania Beach City Commission supports the development of a citizen forester program to allow continuation of the city's tree planting program. Section 2. The Dania Beach City Commission authorizes the City Manager to apply for, accept if awarded and execute an Urban and Community Forestry Grant Memorandum of Agreement between the City of Dania Beach, Florida and the State of Florida Department of Agriculture and Consumer Services. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ATTEST: LOUISE STILSON ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-070 CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑X Award Bid/RFP ❑ Presentation ❑ Continued from: Hope Calhoun with Ruden McClosky requested to defer this item to the first available City Commission meeting in May. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ LU-18-06: The applicant, Leigh Robinson Kerr&Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court (SECOND READING) Staff Report Request to defer a Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ 200 EAST BROWARD BOULEVARD SUITE 1500 Ruden FORT LAUDERDALE,FLORIDA 33301 Jl I\\ ,f f I Osk POST OFFICE BOX 0 v/I V FORT LAUDERDALE,FLORIDA 3333302 I (954)761-2913 FAX:(954)333-0113 HOPE.CALHOUN@ RUDEN.COM April 14, 2008 RECEIVED VIA E-MAIL AND U.S. MAIL APR 16 2008 Louise Stilson, City Clerk BY' City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Sheridan House Land Use Plan Amendment Second Reading Dear Louise: Please accept this letter as a request to defer the above referenced item from the April 22, 2008 City Commission to the first available City Commission meeting in May. This request is being made because my client is not available to attend the April 22, 2008 meeting and he would like to be present when the item is heard. Please advise if this request is acceptable. If you have any questions or comments please contact me at your convenience. Very truly yours, Hope W. Calhoun cc: Thomas Ansbro, Esq. (via e-mail) Leigh Kerr(via e-mail) Bill Stalions(via e-mail) FTL:2642062:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS• FT.LAUDERDALE •MIAMI • NAPLES •ORLANDO• PORT ST.LUCIE • SARASOTA•ST.PETERSBURG • TALLAHASSEE •TAMPA •WEST PALM BEACH CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 22, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner CA4--- SUBJECT: LU-18-06: The applicant, Leigh Robinson Kerr & Associates, Inc., on behalf of the property owner Sheridan House, Inc. is requesting a change in the future land use designation of the property located at 4200 SW 54 Court (SECOND READING). FUTURE LAND USE CHANGE To change the future land use designation of the property from Community Facility to Medium Residential (16 units per acre). ABUTTING PROPERTIES: EXISTING ZONING AND LAND USE Future Land Use Zoning Designation Current Use of Plan("FLUP") of Property Property Designation Subject Community Facility Community Facility Residential Care Parcel (Proposed Facility 16 units/acre North 16 units/acre RD-10 Multi-Family East 5 units/acre RS-5 Single Family, ursery, Vacant South 16/units I RM-15 Vacant West I RD-10 Duplex-Townhouse Based upon the FLUP and zoning designations abutting properties, multi-family residential use is compatible with adjoining development, but not at 16 dwelling units per acre. Staff will also not support an apartment building at this location. Staff can support 12 units per acre (13.5 units/acre if a two-car garage is incorporated into each unit) subject to the following conditions, said conditions to be enforceable against subsequent property owners: 1) Dedicate park land in accordance with the city code requirements based upon the appraised value of the land as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA); with rentals limited to once per year. 5) Building height to be determined by City as part of the PRD-1 rezoning/site plan process, provided no building shall exceed 3 stories in height. Staff recommends the appiicant meet with the city attorney regarding these conditions to the property so that they can be enforced against a subsequent purchaser. CITY COMMISSION PREVIOUS ACTION On April 8, 2008 the City Commission continued this item to allow the neighborhood time to discuss traffic issues on SW 54 Court. On June 13, 2006 the City Commission approved the land use change on first reading with the condition that the applicant address staff comments identified above. PLANNING AND ZONING BOARD RECOMMENDATION On May 17, 2006 the Planning and Zoning Board recommended approval of the proposed change in land use designation. The Board approval was based on applicant voluntary commitment to address the above conditions. STAFF RECOMMENDATION At the discretion of the City Commission. 200 EAST BROWARD BOULEVARD SUITE 15M Rud en FORT LAUDERDALE,FLORIDA 33301 '' McC l OSky POST OFFICE BOX 0 FORT LAUDERDALE,FLORIDA 3333302 (954)761-2913 FAX:(954)333-4113 HOPE.CALHOUNCRUDEN.COM April 14, 2008 VIA E-MAIL :., AND U.S. MAIL i g i Louise Stilson, City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: Sheridan House Land Use Plan Amendment Second Reading Dear Louise: Please accept this letter as a request to defer the above referenced item from the April 22, 2008 City Commission to the first available City Commission meeting in May. This request is being made because my client is not available to attend the April 22, 2008 meeting and he would like to be present when the item is heard. Please advise if this request is acceptable. If you have any questions or comments please contact me at your convenience. Very Y trul yours, Hope W. Calhoun cc: Thomas Ansbro, Esq. (via e-mail) Leigh Kerr(via e-mail) Bill Stalions (via e-mail) FTL:2642062:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS•R.LAUDERDALE •MIAALI•NAPLES•ORLANDO•PORT 57.LUCIE•SARASOTA•ST.PETERSBURG •TALLAHASSEE TAMPA•WEST PALM BEACH CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ORDINANCENO.2008014 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS,ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF DIXIE HIGHWAY,SOUTH OF 1496-1502 SOUTH DIXIE HIGHWAY,DANIA BEACH,FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT'A',A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2(MULTI-FAMILY RESIDENTIAL),TO C3(COMMERCIAL);SUBJECT TO CERTAIN RESTRICTIONS;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RZ-19-08: The applicants,Arnold & Sharon Nearn, are requesting to rezone a property from Residential (RM-2) to Commercial (C-3), for property located at 1496-1502 South Dixie Highway(FIRST READING). Ordinance Staff Report Application Survey Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Neu Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manaaer Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2008-014 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY THE PROPERTY OWNERS, ARNOLD AND SHARON NEARN, TO REZONE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF DIXIE HIGHWAY, SOUTH OF 1496- 1502 SOUTH DIXIE HIGHWAY, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RM-2 (MULTI-FAMILY RESIDENTIAL), TO C-3 (COMMERCIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Advisory Board, sitting as the local planning agency,has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS,the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the rezoning request filed by the property owner, Arnold and Sharon Neam, for property generally located on the south side of Dixie Highway, south of 1496-1502 South Dixie Highway, City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "RM-2" zoning classification to the "C-3" zoning classification, a copy of which request is attached to this Ordinance. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on 2008. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2008-014 EXHIBIT "A" LEGAL DESCRIPTION All of lots 5, 6, 7, 8, 9 together with the south 24.80 feet of lot 10, McKenzie Eyster Addition. According to the plat thereof, as recorded in Plat Book 8, Page 9, of the Public Records of Broward County, Florida. 3 ORDINANCE#2008-014 City of Dania Beach, Florida f - --- Department of Community Development Planning and Zoning Division (954) 924•(%05'Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Uni L4t7 �� ❑ Land Use Amendment 1� ❑ Plat 3�0 ❑ Plat Delegation Request MAR 1 3 1008 3 );'Rezoning Date Rec'd: ❑ Site Plan Planning ❑ Special Exception Petition No.: ❑ Trafficway Waiver Department ❑ Variance ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building pe mmit from the City's Building Department. V -rv1 /1z' TS k u [ Or Location Address: Lot(s): ri - q Block: Subdivision: "VVVfazl�' Recorded Plat Name: "/ L/20 3 / o USO 063 0 aV Folio Number(s): Legal Description: S�P Sc� ri I v pelican onsultant/Legal Representative (circle one) 14y-ela Address of Applicant: 'YAY7s 6 ` - NA-flf . -3 3oG 92s�r��Business Telephone: 2Z 3�lome: r1'a rg74- 922- '4-1-( ( Fax: '£II— qS-q— 9,,L,.S,-6196 -3ftrAe- Name of Property Owner: Address of Property Owner: 4,Mf Business Telephone: sflrne_ Home: Fax: ,Sa-yi e- S G- ovP- C'D nIn ece[ I 0- 3 Explanation of Request: RP ZOn/e For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per Article 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: i 3 13 Prop. Square Footage: 1 3 y639• aY Existing Use: V, ��� I- V Proposed Use: A C iwy-7- Is property owned individually, by a corporation, or a joint venture? AQP) I NkC) 1 0 , I understand that site plan and variance approval automatically expires within 12 IT onths of City Commission approval,�pursuant to Ordinance No. 2005-040. 4signre �rll�'!lOf0Applicant/Owner Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative; This�3 day 4yfW# 20 Or "`Si 7 gnature: Date: ! /VE/��e .mil 4g�n ame of Notary Public Print Name) of( ) �/ �cu�n e�MI1(l�(n 'a41 "f,95- � .S4. bAuir9- 6c1 -7-L Print Name of Notary Street Address, City, State and Zip Code iLou dFWAr 9 Sy Cl as 7/ 1p Z PhaNf-f- la- - dwhomp►lo.iM7 Telephone No. & Fax No. Cwislwlq#Do Tim �sMMiMM�MrMrdM'�' �S L/ g 2 7—((7 7 INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State Of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Quality Service 51nce 1983 MILLENNIUM FIRE & SAFETY EQUIPMENT „E 1496— 1502 Dixie Highway - Dania Beach, Florida 33004 (954) 922-9136 FAX(954) 922-4771 March 27, 2008 i � r Ms. Corrine Lajoie h1AR 8 2006 { Acting Director Community Development City of Dania Beach -- 100 W. Dania Beach Blvd. Dania Beach,Fl. 33004 Dear Ms. Lajoie: Subiect• Request for Zoning Chanee We are requesting a zoning change on the following property: Lots#5,6,7, 8,9 and 10 of McKenzie Eyster Addition. At the time of purchase from the City of Dania Beach,the property was purchased to protect an encroachment and to expand the business.The property had been used by Nassau Daddy & Sons as commercial property for their septic tank business. On this property was both a commercial building and parking for trucks. Discussions with city staff following the purchase also led us to believe the property was commercial. The fact that the County has the property listed as commercial were all factors in the land purchase. We are asking for a re-zoning from residential to commercial to be consistent with our existing commercial property located at 1496-1502 Dixie Highway. WResectfully Submied,tt Neam, i Jr. / Sharon Anderson-Neam alhnf- Member-National Fire Protection A5_,Dclation Member-Florida 5re Ea uinment Dealers{tssoci CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 22, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner C �} -- SUBJECT: RZ-19-08: The applicants, Arnold & Sharon Nearn, are requesting to rezone a property from Residential (RM-2) to Commercial (C-3), for property located at 1496-1502 South Dixie Highway (FIRST READING). REZONE To change the zoning of the property from Residential (RM-2) to Commercial (C-3). The subject property is zoned RM-2. The Future Land Use designation of the property is Commercial. The current zoning and land use designation restricts future development on the site. The applicant is requesting to rezone the property to C-3, which will conform to the Commercial land use designation and allow future commercial development to occur. PLANNING AND ZONING BOARD RECOMMENDATION This item will be heard by the Planning and Zoning Board on April 16, 2008. The Board's recommendation will be presented at the City Commission meeting. CITY COMMISSION PREVIOUS ACTION On February 24, 2004 the City Commission sold the above referenced property to Arnold Nearn. STAFF RECOMMENDATION At the discretion of the City Commission. • The motion passed on the following 5-0 roll call vote: Commissioner Chunn—yes Vice-Mayor McElyea—yes Commissioner Flury —yes Mayor Anton—yes Commissioner Mikes—yes Mayor Anton directed Community Development Director Leeds to caution the applicant to keep the music toned down to avoid complaints. 4.2 Presentation by Fire Department recognizing Bruce Caruso, EMS Captain, for receiving the "Broward County Fire Chiefs Association Leadership Award"for 2003. (Fire Chief) Fire Chief Kenneth Land announced that Bruce Caruso was the recipient of this award presented annually by the Fire Chiefs Association of Broward County for advancing emergency medical service within the County. He stated that Captain Caruso had served as EMS Subcommittee Chairman for the past two years and was involved in the planning of the First There, First Care ALS Competition EMS Conference. He reported that Captain Caruso was truly deserving of this recognition. Captain Bruce Caruso thanked his family for their support. He stated that this award was not just for him and credited The City of Dania Beach for establishing an EMS service early on. He commended Dr. Ulin, the medical director, for his 14 years of service. Dr. Ulin reiterated that Captain Caruso was a credit to the city. • 4.3 Employee Recognition Program "General Employee of the Month" Award for November, 2003: Mary McDonald, Human Resources Director, announced that the November Shining Star was Terry Peterson from the Human Resources Department and commended Terry for her tireless and dedicated work relating to Personnel matters in the City. 4.4 Drawing to list surplus properties with individual real estate brokers. (City Clerk) City Parcel # Folio# Location Site Size (the following 3 properties will be listed with one broker for marketing purposes) Parcel 44 1203-15-0030 Dixie Hwy/Sheridan St. 13,800 sq. ft Parcel 45 1203-15-0040 total site area Parcel46- 1203-15-0050 " Charlene Johnson, City Clerk, explained that on November 25, the City Commission adopted a resolution declaring the referenced properties as surplus and stated that drawings would be conducted to select a listing broker for both sites. The following real estate brokers are registered with the City: 1) John Ryan, A.J. Ryan Realty; 2) Stephen Lupo, Dania Beach Realty; 3) Evelyn Benhamu, But it Realty, Inc.; 4) William Clark, C&S Real Estate Group; Margrit Wagner, Panorama Properties, Inc.; 5) Gary Posner, Victory Development, Inc.; 6) Sam Calandra, Calandra Realty, Inc.; 7) Jean Cook, Jean Cook Realty. Laurence Leeds, Community Development Director, presented the site location of the first three • parcels (six to together) He explained that it is to ether near Sheridan Street and West Dixie Highway. p was formerly the Big Nassau Daddy site and that it had a land use designation of commercial; it MINUTES 2 DECEMBER 8, 2003 CITY OF DANIA BEACH • was currently zoned residential and could be changed. Bonnie Temchuk, Assistant to the City Manager, selected Steve Lupo as the broker to market I located at Dixie Highway and Sheridan Street. three parcels c the t p 9 Y * Parcel#66- 0233-14-0140 Vacant Lot 4,085 sq. ft. 1311 NW 2 Terrace Director Leeds presented the site location of the next parcel on NW 2 Terrace. He stated that it was a very small lot, 43 feet wide by 80 feet deep, with a zoning designation of RD 8000 Duplex. He stated that it could be developed as a small single family home without a garage. He further explained that due to the small size of the property, it would possibly come before the Commission for a variance. Bonnie Temchuk, Assistant to the City Manager, selected Evelyn Benhamu for the above parcel. Commissioner Mikes asked that the selected broker for Parcel #66 contact the neighboring property owners to see if they would be interested in purchasing and/or splitting this substandard lot. He stressed the importance of seeing the lot merged into adjoining properties than make an attempt to build on a lot that is too small. City Manager Pato offered to discuss this with the realtor at the time he signed the listing. 4. 5 Vice-Mayor McElyea announced that Jesse Davis had passed away. Vice-Mayor . McElyea explained that Mr. Davis was a long time Dania resident and former Dania police officer. He announced that services would be held at St. Ruth Baptist Missionary Church, 145 NW 5 Street, on December 12, 2003 and that the American Legion Post 209 would also be involved in the services. 5. PROCLAMATIONS: 5.1 A proclamation declaring the Year 2004 as "Dania Beach Centennial Celebration Year" in the City.of Dania Beach. Mayor Anton read the proclamation and stated that all the Commissioners would sign it. 6. CITIZENS' COMMENTS: 6.1 George Jason, 4549 SW 37 Avenue, first commented on the airport expansion. He was surprised to find out how many people in the community were not informed about the issue and up-coming meeting on December 9, 2003. He encouraged residents to attend. He also commented on a problem of possible identity theft through trash can invasion. He suggested that the City provide some type of ordinance to prohibit people from going through residents' trash cans. Mayor Anton suggested that City Attorney Ansbro look into the issue. 6.2 Annette Hibbits, 30 SW 11 Street, protested the closure of Second Avenue. She stated that additional traffic was generated by the closure of SW Fourth Avenue, SW Third Avenue, • SW Eleventh Street, and SW Thirteenth Street. She felt that these street closures had isolated MINUTES 3 DECEMBER 8, 2003 CITY OF DANIA BEACH RESOLUTION NO. 2004-029 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6, 7, 8, 9, and 10, OF McKENZIE EYSTER ADDITION, AS RECORDED IN PLAT BOOR 8, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BY BETWEEN ARNOLD NEARN, AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $140,000; PROVIDING FOR PAYMENT BY THE CITY OF DANIA BEACH IN AN AMOUNT NOT TO EXCEED $3,265 TO COASTAL SCIENCE ASSOCIATES FOR SOIL/WATER REMOVAL AND BACKFILL ON THE SUBJECT PROPERTY; 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, Part XII, Article 3, Section 5 of the Charter of the . City of Dania Beach authorizes the City Commission to exchange, sell or convey real property acquired by the City of Dania Beach from enforcement or foreclosure of city liens and the transfer of lands available for taxes from Broward County and determined by the City Commission to be surplus real property; WHEREAS, the real property legally described as Lots 5, 6, 7, 8, 9 and 10 of MCKENZIE EYSTER ADDITION as recorded in Plat Book 8, Page 9, of the Public Records of Broward County, Florida, was determined to be surplus property in accordance Part XII, Article 3, Section 5 of the Charter of the City of Dania Beach, by City Commission Resolution No. 2003-263 on November 25, 2003; WHEREAS, a Contract for Sale and Purchase of the real property RESOLUTION NO.2004-029 legally described above with a sales price of $140, 000 dated • December 18, 2003, was entered into by Arnold Nearn as Buyer, and the City Manager on behalf of the City of Dania Beach, in accordance with City Commission Resolution No. 2003-263; WHEREAS the Dania Beach City Commission finds that payment at the real estate closing to Coastal Science Associates in an amount not to exceed $3, 265 for removal of contaminated soil/water and backfill of the subject property is in the best interest of the City of Dania Beach and its business owners and residents; and WHEREAS, the Dania Beach City Commission finds that it is cost effective, in the best interest of the City of Dania Beach, and promotes the welfare of the residents of the City to efficiently dispose of the aforesaid surplus property by selling the property • to Arnold Nearn for $140, 000, subject to the terms and conditions of the Contract for Sale and Purchase referenced herein. NOW, THEREFORE, be it resolved the City Commission of the City of Dania Beach, Florida; Section 1. That the Contract for Sale and Purchase of the real property described herein is accepted and approved. Section 2 . That the City Manager is authorized to close the aforementioned Contract for Sale and Purchase of the real property described herein, subject to compliance with Section 3 herein. Section 3. That the HUD Settlement Statement shall include a a ent from seller' s proceeds to Co astal Science Associates in an P ym amount not to exceed $3, 265 for removal of contaminated soil/water • and backfill of the subject property. 2 RESOLUTION NO. 2004-029 Section 4 . That all resolutions or parts of resolutions in • conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 5. That this resolution shall be enforced and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 24TH DAY OF FEBRUARY, 2004. BOB ANTON MAYOR - C MMISSIONER AT EST: ROLL CALL: COMMISSIONER CHUNN -YES COMMISSIONER FLURY-YES MIRIAM NASSER COMMISSIONER MIKES -YES ACTING CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON -YES • APPROVED AS TO yo�M AND CORRECTNESS : BY: Wk THO S J. ANSBRO CITY ATTORNEY 3 RESOLUTION NO. 2004-029 LAW OFFICES -. RYAN & RYAN, LLC THIRD FLOOR 700 EAST DANIA BEACH BOULEVARD DANIA BEACH,FLORIDA 33DD4-3DM • ARCHIE J.RYAN III TELEPHONE(954)92P2921 TIMOTHY M.RYAN FACSIMILE(954)921.1247 CHRISTOPHER J.RYAN' February 3, 2004 JOSHUA S.PINSKY 'Board Certified City, Coo fy and Local G.Mmenl Lawyer Mr. Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: City of Dania Beach sale to Arnold Nearn 1506-1510 S. Dixie Highway, Dania Beach Our File Number: 18920D-RE Dear Mr. Pato: Pursuant to our telephone conversation, enclosed is a copy of the statement. from Coastal Science Associates in the sum of $7, 105 • for sampling, removal of contamination and backfilling on the above-referenced property. The purchaser has proposed to pay the expense for sampling and analysis of $2, 640 and the cost for management and report of $1, 200. The buyer wants the City to pay for soil/water removal and backfill which is essentially the cost for removing contamination on the subject property. The expense for removal and backfill is $3, 265. I will be preparing a resolution to present to the City Commission approving the Contract for Sale and Purchase at $140, 000 and approving a reduction from Seller' s proceeds of $3, 265 for payment to Coastal Science Associates on soil/water removal and backfill. The resolution will be forwarded to the City as soon as it has been drafted by our office. If you have any questions concerning this matter, please contact my office. Very truly yours, • kti TIMOTHY RYAN TMR/les Enclosure BOUNDARY SURVEY 98-2169 LEGAL DESCRIPTION:All of Lots 5,8,7,8,9 together with the South 24.80 feet of Lot 10, MCKENZIE EYSTER ADDITION, according to the Plat thereof, as recorded in Plat Book 8, Page 9, of the Public Records of Broward County, Florida. DRESS: 1506-1510 S. Dixie Highway MDelpartMent Dania, Florida 33004CERTIFIED TO:1. City of Dania 2. Ryan&Ryan, P.A.3.Attomeys'Title Insurance Fund, Inc. PLAT LIMITS N.LINE LOT 12 WALL LOT 11 0.8'E D.4'N 90.24'PLAT 89.94' FIELD4NCE CHAIN LINK FENCE FOUND 3/4" 19.1'E N,IM 0.2'N ONE STORY IRON PIPE COMMERCIAL BUILDINGOUND FOUND 12"REBAR PIKE 60' 0.18'W,0.13'N 49A' _ — — — — — — POLE db. —N.0.20'LOT 10 21.3NVUND 12" CHAIN LINK PENCE P.. $0 0.13'NEBAR OAWS ONE.ORE , `;'f'. CWJN LINK FENCE 208,O.BW fD I 1j1 - - - - - — — — — — — — — — — — 3 NICHAINLINK fit. IW� FENCE0.5W POLE v R' — — — — — — — — — — — — — — — — — — T i IU11 .Z OQ T J>> 0 LL W 1 a0 OML1AI'S 2rWFENCE 2 I I P otl ia'I rn ~O IL IL LI.I Qa iu�f J E& r a i0 m J � I ti >�p Z = I� \CNITORINcwEL�-/7 y O I d 3 L1 J 1 CHAIN LNKFENCE O O SS.4'8,1.4'E ; m POLE CIYIIN LWK FENCE FEAIN LINK W N 100.5S,0.5E , — — — — O O M m - - - - F- SET 1/2.IRON OJ 1%)" PIPE&CAP CHAIN LINK MICE I ^ LS3487 FENCE MEANDERS ALONG PROPERTY LINE FOUND 2" 91.05 PLAT 90.98'FIELD CNAIRON PIPE CHAIN LINKFENCE 6 N�IMFENC O.FE,0.1'N ENCROACHING THIS SURVEY IS FOR TITLE AND MORTGAGE PURPOSES ONLY. REVISED SKETCH&LEGAL DESCRIPTION 4117/07 Elevations are relative to National Geodetic Vertical Datum Underground locations and/or underground Eatio encroachments, El vatic if any, are not shown unless otherwise Indicated. This survey was not abstracted for easements and/or Community: 12oom Panel 0308 right-of-way of record. Suffix : F Date of Firm: 8/18/92. Elevations are relative to National Geodetic Vertical Datum of 1929. Flood Zone x Base Flood Elevation= N/A Not valid without the signature and the original raised seal of Lowest Floor= NIA a Florida Licensed Surveyor and Mapper. Finish Floor=wA Dated this 30th day of MARCH 1998 A.D. Benchmark: wA N ARROW BASED ON ASSUMED DATUM W.RIGHT-OF• Bearings based On :yygY LINE S.DU(IE HIGHWAY NORTH s Drawn by P.B.S. Checked by P.B.S. Scale 1" = 30' PETER BLANDINO SR. PETER SLANDINO SR. Registered Land Surveyor No. LS3487 SUITE ze Warn r,FIo„a 33302.3 STATE (987-6644) State of Florida CITY OF DANIA BEACH Agenda )tem # /• 3 Agenda Request Database Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1 st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 4-8-2008 RESOLUTION NO.2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE DELEGATION REQUEST SUBMITTED BY DILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER,MARINA MILE PARK OF COMMERCE,LLC,TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE"ISGETTE'S RUNWAY"PLAT,PREVIOUSLY RECORDED IN PLAT BOOK 158,PAGE 18,AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE,SOUTH OF STATE ROAD 84;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ DR-25-08: The applicant, Miller Legg &Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. Resolution Staff Report Application Plat Survey Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Mani Date HR Director Date Finance Director Date City Attomev Date City Manager Date =JIM!ill Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY JILL COHEN OF MILLER LEGG AND ASSOCIATES ON BEHALF OF THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "ISGETTE'S RUNWAY" PLAT, PREVIOUSLY RECORDED IN PLAT BOOK 158, PAGE 18, AND GENERALLY LOCATED AT THE EAST SIDE OF SW 30TH AVENUE, SOUTH OF STATE ROAD 84; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the boundary plat known as the "ISGETTE'S RUNWAY" Plat was approved by the Dania Beach City Commission on June 8, 1993 by Ordinance No.12-93 as shown in Exhibit"A", a copy of which is attached to this Resolution; and WHEREAS, the owners desire to change the restrictive note on the plat as follows: The current plat note states: "This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Broward County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners"; and The proposed plat note will read: "Parcel A-1 is restricted to 60,000 square feet of office use, Parcel A-2 is restricted to 100,000 square feet of vocational technical school and the remainder of Parcel A is restricted to Industrial Use"; and WHEREAS, Broward County requires that the City of Dania Beach concur with this revision prior to a review by the Broward County Commission; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City of Dania Beach approves the proposed revision which changes the restrictive note on the plat to allow office and vocational technical school uses on the "ISGETTE'S RUNWAY" Plat,as previously recorded in Plat Book 158, Page 18. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are 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 on ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-059 Exhibit `A' _. ORDINANCE NO. 12..93 x s's AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,. APPROVING THE PLAT OF "1SGETTE'S RUNWAY". SAME . .0..; 5 OF THE SOUKEA$T ONE- OEM, A PORTIONO OF TRACT F MAP OF SECTION TOWNSMFP 50 < SOU&, RANGE 42 TzAST. ACCORDING TO THE PLAT THEREOF RECf FXDED IN PLAT BOOK 1,PAGE 1DL OF THE PUBLIC RECORDS OF DADE COUNTY.FLORIOA:TOGETHERVATH A,PORTION OF THE SOUTH '. NORTHEAST DPIE.OUARTE;R (NE114), OFT HE SOU.O'LFM E�S HH 'T ONE,OUARTER(SW114).. OF SAID SECTION 20. AND'BEING ALL MORE FULLY M%ggWO AS FOLLOWS: COMMENCING ' AT 1 CENTER OF SSA,M S£CT{(yN�¢..THENDE SOUTH 6S^ SVOT EAST,ON THE EAST LINE OF HE SOUTHWEST ONE- - gyI,ARTER,(SW114). OF SAID SECTION 2k A DISTANCE OF T3S.37 FEET TO A POINT ON THE kWTI4 LIMITED ACCESS RII`3tVE D L OF INTERSTATEBEgfS.NIN.d: I THENCE x; CURVE, AND ,.- NORT nrESTERLY ON THE SAID RIGHT-OP-WAY LINE.AND NORTH WEST,WITHTHE LEFT, RADIUS WHOSE OAF 3793,22 FEET a . AND a CENTRALANGLE OF 02°24w.AN ARC DISTANCE OF 15.7.37 FEET TO A POINTOFTANGENCY:THENCE NORTH 76 �1-?I ON SOWW RIGHT.OF-MY LINE,A D16TANOE OF 10,29 FEET:THENCE SOUTH BV2W(lLr WEST,ON ALINE15 FEET ONE F THE SAID SOUTH ONE-HALF OF AND ( 12 THE NORTHERTH ASTT ONEpUART£R (NEN4): OF THE SOUTHWEST ONE- ,.•ti OUARTEOF SAID SECTOR 20', A DISTA 84 FEEETW.114)THENCE SOUTH 06b6Wl " EMT. NETHE - EAST RIGHT-OF-My LINE©F SOUTHWEST 30 AVENUE,AS SHOWN ON PORT 95 COMMERCE PLAT,AS RECORDED IN PLAT BOOK 144. PAGE 2 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORID DA,A DISTANCE OF 38812 FEET: . THENCE SOUTH IWAnT EASY.ON SAID EAST RIGPLT-OF- WAY LINE.A DISTANCE OF 276.4J FEET;THENCE NORTH 69 I 129,20 EAST, ON THE SOUTH LINE OF THE NORTHEAST (tfftt4). OF THE SOUTWIEST ONE- ;' OUARTER (SyV114). OF SAID SECTION 20, A DISTANCE OF -. 19S6.55 'FEET. THENCE NORTH 63°4335" EAST, ON THE .� SOUTH LINE OF THE NORTHWEST ONE-QUARTER(NW174). OF HE SOUTHEAST ONE.QUARTER (SETA), OF SAID 5 SECTION 20,A DISTANCE OF 2fI253"FEET:THENCE NORTH Ordinance No-,_12_p3 :. h ,+.;,.'... V 3 RESOLUTION#2008-059 00'S4"5B WEST. ON THE WEST RIGHT.Of,WAY LINE OF i TRAM ROAD,0 RECORDED IN.DEED BOOT(57,1.PAGE 114, OF THE PUBLIC RECORDS OF BROWARO COUNTY. , FLORIDA,A DISTANCE OF 708 FEET: THENCE SOUTH 8$' . 4V41"WEST.A D19TANCE OF M.Ti FEET:THENCE NORT3( . 41.4S*r WEST, ON THE EAST LINE OF TFIE SAID �. :SOUTHWEST.ONE-OUARIFR(SWIM), OF�CYION 20, A DISTANCE OF 285,52 FEET:THENCE NORTH Weg,Oe EAST.On THE SOUTH LINE OF THE NORTH-56,00,FEET OF THE ONE-HALF (ST2) OF THE SOUTHWEST ONE- SOUTH 7. OUARTER (SIM'I(4I. Of THE NORTHWEST ONE-OLIARTER .. (NWiT4). OF THE SOUTHE'AS7 PNE.OUARTER (SS141. OF SAID SECTION �� A DISTANCE OF 20T.88 FEET: THENCE NORTH 00°!r'i"58"(Nk:ST.ON THE STUD 1NEST RIGHT•OFTO LINE OF TRAM ROAD. A DISTANCE OF 278.18 FEET TO A . POINT ON TH6 SAID SOUTH L54tTiwD ACCESS RIGHT -OF:. WAY L84E Tj71NTERSTATE 595.ANO A POINT ON A CURVE: 'THENCE NORTFNYE&TERLY ON SAID RIr;SHi OFY LiNE. 9N4 OPI CI3RvE TO YH$ LEFT. WHOSE TANGENT BEARS NORTH T2T15'Dd`WEST,WITW A RA[][U$OF 3793.22 FEET f AMDA OENYRpILANOLE OF 53°.?2'05".AN ARC EOF ND . ?r2R.3T FSE.T"i'O THE POINT OF HEGINNItft"ii SAID LAND SITUATE', LYWO AND BEING IN OROA+A'RO ("RUNTY, FLORID& ANO CONTAINING 20.8858 ACRES MORE OR LESS:AND ACCEPTING THE DEOICATION FOR PUS USE OF ALL STREET&HIGHWAY$AND ALLEYS AS SHOM ON SAID PLAT OF"ISGE.TTE'S RUNWAY': PROVIDING THAT ALL OROINANCSS OR PARTS OF ORDINANCE$ AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS:IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFL(GT;AND PROVIOING FOR AN EFFECTIVE DATE, BE IT ORDAINED DY THE CITY COMMISSION,OF THE CITY OF DANIA,.FLORIDA: Sao saomi ThatOm Plato}"ISGETTE'SAUNWAY".same being: A PURTKW OF TRACT 5 OF THE SOUTHEAST ONE QUARTER($FV4y.OF 11! MAP OF SECTION Z. TOWNSHIP 30 BATH, RANGE 42 EAST' ACCORDING TO THS FIAT THEREOF RECORDED iN PLAT BOOR 9 PAGE im,OF THE,PUBLIC RECORDS OF DADE COUNTY.FLORIOAi TOGETHER : - f WITH A PORTION OF THE SOWN ONE-HALF(1112),OF THE NORTHEAST ONE-OHAR7 R 114). OF THE SOUTHWEST ONERUARTER ($W1f4). OF SAID SE 20. AND BEING ALL MORE FULLY DESCRIBED AS FOLLOWS, COMMENCING AT THE CENTER OF SAID SECTION 20; 4 THENCE SOUTH Di-55'03" EAST, ON THE EAST LINE OF THE. SOUTHWEST ONE-QUARTER(SW'114),OF SAID SECTION 20,A DISTANCE 2 Ordfianoa No. .12-93 , 4 RESOLUTION#2008-059 4 . 71. v v f OUTH UWTED ACCESS RIGHT OF 734YWI FEET TO A POINT ON THE LINE OF INTERSTATE SO$ ASPOINT ONA CURVE, D THE POINT OE 8vmNNING:THENCE NO ON THE SAID RIGHT OF-WAY LINE. AND ON A CURVE.TO YHC LEFT, WHOSE TANGENT SEARS NORTH 75'ST'10-WEST.WITH A RADIUS OF 1793,22 FEETANp A . I CENTRAL ANGLE OF Cr"2416'.MARC DISTANCE OF 167.37 FEET TO A. .-� PONT`"OF TANGENCY; THENCE NfN#ZM 7,8' 1 5" WEST, ON SOUTH _ R2GWHT WES QN1A LINEDI5 FE 6 H OFFAND ARALLEiWTHHTHQ NORTH LINE OP THE SAIDSDUTH ONE-HALF(Sta)OP THE.NORTHEAST j ONE-QUARTER INEIM,OF THE SOUTHWEST ONE-QUARTER(SWU#)or . OUTH OW SAID SECTION 24,A OISSTTSANC 1GNT.CF.WA LINE OF SOUT FEET:THENCE HWEST 3 I{ 881V EAST, ON THE I. .. - AVENUE.AS STiOWN ON FORT THE PUBLIC RECORDS OF '. PLAT BOO[( 144. PAGE 2, OF COUNTY. FLORIOA..A DISTANCE OF 388.12 FEET:THENCE.SOUTH 020 I. 43,78'EAST,ON SAlt3-EA¢T RIGHT-OF-WAY LINE,A DISTANCE"OF 27%41 THE FEET: THENCE NORTH 89`2WW SIM' OF mfi SOUTHWEST SOUTH LINE FONE- NORTHEAST ONE-QUARTER IN MI. F QUART€R ISWIM4 OF SAID VECTI THE SOUTH A DISTANCE OF iN6 F THE ' THENCE NORTH W*M, NORTHWEST ON.4UARTER (NWIM), OF THE SOLPTHEgST ONE- t2UARTER (SEiA0.I.OP SAP 8ECT1ON 20,A DISTANCE OF 702.58 FEET; THENCE NORTH OD'84'8S`1MEST.ON THE WESYRIGHT-OF•WAY LINE OF _ TRAM ROAD, AS RECORDED IN DEED BOOK $73, PAGE iia, OF THE - PUBLIC RECORDS OF 5ROWARG COUNTY,FLORM&A DISTANCE OF 7.4E FEET: THENCE SOUTH @d°#B-dP WEST. A DISTANCE OF 24291 + .. FEET:THENCE NORTH D1+8S'D2°WEST ON THE EAST LINE OF THE SAID SOUTHWEST ONE-QUASTER ISW1Ni• OF SECTION 2D,A DISTANCE OF 2S8-D2:FEET:THENCE NORTH 85�49'#i"EAST,ON THE SOUTH LINE OF THE NORTH $4 D4 FEET OF THEIWEST SOUTH ONE-HALF IS71 OF THE QUARONE- TER NWi44 OFRTER THE SOUTHHAST ONE-OUARTERR (BEE114X OF . SAID SECTION 20,.A DISTANCE OF 207:85 FEET:THENCE NORTH OD° I rww WEST.ON THE SAID WEST RI,HT'OF-WAY LINE OF TRAM ROAD, { A DISTANCE OF 278,T9 FEET TO APOINT ON THE SAID SOUTH LIMITED .. tl ACCESS RIGHT-OF-WAw LINE TO INTERSTATE ON SAIOERIGHT-OFMAY LINE AND. .. . CURVE:THENCE NORTHWSSTE , ON CURVE TO THE LEST,WHOSE TANGENT BEARS NORTH 72'3"S- WCST,WITH A RADIUS OF SM-22 FEET AND A CENTRAL ANGLE OF D3 WARD 22'I!D". AN ANC DISTANCE OF 222 D7 FEET TO THE POINT OF BEGINNING: SAID LAND SITUATE. LYING AND BEING IN BRL'EOR SS; COUNTY.FLORIDA.AND ORE CONTAINING 2D.ete; � HW ACRES Dan,#tonsenhelb ..y -_ is heiebY accepted aM aPprcved. Wdh the u , agree5ihaie�h Plat A Ml b6 reeatdad tii dY Public R4Cerde of&cwa[d County,Flelida. Oldnsa No. 12 93 3 I $ RESOLUTION#2008-059 F ".Upon f t&WappMAt Mau agences ofSroward CoonW,FWrida,ha*g lur"dit6on at the maner. -. rhMIlt,ookmi+rtfor pubfio use Man etreW*,hg VMP and atleys. ahotyngn jDe.pla[OfeaW'YSGME'S RUNWAY".isboaby...pocapfad by*a(;*Of Den". � FWWa. That en orowcas or parts of ordinaneeaaDd Ro resdutttmE Dr pama at rasaudiDns in,Wabnt tWgl dhba and OW Eama*0 beraby Fepesled tatho COW olEUDh cdrw4t. SajoLA, That 9"ordwnmaaan bn in Wrca and t'BP,e eMeot fmmadtaialy ufWn'W . fk+at pas$W and dtfoptlon. 1 PASSED andA0OPTED wf#%t:Reading an tho P,,,f_th dlrDf 140 Y. .ion, Itt s.tti'ea. D Ono ADDPrEU on Second and Final R"ding 00 the a y pt ATT631'.. MAYOR COMMiS3t— ,�lFrr¢%tnw CL :AutRT R ' APPROVED AS TO FORM b CORRE.CENE33 wyl FF[ANtt , ADL£R.CRY ATf RN�y �. j f„ t f 4 Ordlnanoe NO. RESOLUTION#2008-059 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 22, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner C � SUBJECT: DR-25-08: The applicant, Miller Legg & Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. DELEGATION REQUEST To change the note on the plat to allow office and vocational technical school. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The perimeter plat for this property was approved by the City Commission on February 27, 2007 and a previous delegation request was approved on May 8, 2007 to change the location of a vehicular access opening. The applicant is now requesting to change the note on the plat. The current plat note states: "This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Broward County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners." The propose plat note will read: "Parcel A-1 is restricted to 60,000 square feet of office use (see attached legal description), Parcel A-2 is restricted to 100,000 square feet office use and 100,000 square feet of vocational technical school (see attached legal description), and the remainder of Parcel A is restricted to Industrial Use." CITY COMMISSION PREVIOUS ACTION On April 8, 2008 the City Commission continued this item to determine if the vocational technical school will be tax exempt. STAFF RECOMMENDATION At the discretion of the City Commission. SHUTTS k BOWEN it lo'U, LLP ATTORNEYS AND COUNSELLORS AT LAW ANITRA D.LANCZI E-MAIL ADDRESS: Member Florida Bar alancziQasbutts.com (954)947-3844 Dimet Telephone (954)898-3069 Dinct Facsimile " April10, 2008 Thomas J. Ansbro,Esq. City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 Re: Isgette Runway-Plat Note Amendment Dear Tom: This is to confirm that the vocational educational institution who is the proposed Lessee of Parcel A-2 as shown in the attached sketch is a for profit publicly traded corporation. As such, the proposed tenant will not be able to claim an exemption from property taxes under Florida law. Please let me know if you have any fiuther questions with regard to this matter. Yours truly, S=TS &BOWEN LLP Anitra D. Lanczi ADL/jl Attachment Cc: . Jill Cohen Rob Miller FTLDOCS 53040421 ZOO EA5 FROWARD EOULEVARD • SDITE 2100 •FORT LAUDERDALE,FLORIDA 33301 TELEPHONE(04)5245W5 FACS5G.E(954)5245505 WEESDE:—v -ShUM--M 1 MIAMI FORT LAUDERDALE W=PALM BEACH ORLANDO TAMPA TALLAHASSEE AMS RDAM LONDON — Ya` baynp=: „eta mm� 'ra Us J Q - �yvL.. c LLI n 8 •acb „ o`er- ` Il.lp e o a • O _-= w • •- � g za� � ow ' �uimzns5 ob b 'ta9 LLI9 � W a sa 5 G_P!` C H yy m��z w3sm • �—as cavcuwmsuwe -Me— ----- I ' i � t i - o�c _ I I n n i 1 I I MILLER` LEGG April 8, 2008 :artmerit Ms. Corinne ChurchPrincipal Planner RCity of Dania BeachDepartment of Community Development anning Planning and Zoning Division 100 W Dania Beach Blvd. Dania Beach, Florida 33004 Re: City of Dania Beach No. DR-25-08 Miller Legg Project No. : 06-00329 Isgette's Runway Plat Nate Amendment Dear Corrine: Per this letter we are requesting a modification to the proposed Plat Note Amendment for the Isgette's Runway Plat which is on the agenda this evening (Item 9.6, Resolution #2008-059). We are requesting the note to include an additional 100,000 square feet of office use on Parcel A-2 and for the Plat Delegation Request DR-25-08 to read as follows: Parcel A-1 is restricted to 60,000 square feet of office use (see attached legal description), Parcel A-2 is restricted to 100,000 square feet of office use and 100,000 square feet of vocational technical school (see attached legal description), and the remainder of Parcel A is restricted to Industrial Use. The submitted note was: Parcel A-1 is restricted to 60,000 square feet of office use (see attached legal description), Parcel A-2 is restricted to 100,000 square feet of vocational technical school (see attached legal description), and the remainder of Parcel A is restricted to Industrial Use. Should you have any questions regar ' g this, se do not hesitate to contact me at (954) 436-700D, Ext. 255. Very truly your Jill Cohen. RL Associate JCich V:1Projects\2006\06-00329-Marina Mile Park Of Commerce\Documents\Application'Justification Statement.doc IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. South Florida Office: 1800 N Douglas Road • Suite 200 • Pembroke Pines,Florida • 33024-3200 (954)436-7000 • Fax: (954)436-8664 www.millerlegg.com Exhibit `A' ORbINANCE NO. 12-93 . i AN ORDNANCE OF THE. CITY OF DAN1A, FLORIDA. - - APiPROVING THE PLAT OF °ISGETTE'S RL"l1Atii+t6ff(Y`. SAME BUNG: A PORTION OF TRACT 5 OF THE SOUTHER ONE-- OUARTER (SE1/4).OF W OF SECTION 2,0, TOWN SHIP 50 SOUTH. RANGE 42 EAST: ACCORDING TO THE PLAT 'THEREOF-RECORDED IN PLAT BOOK 1. PAGE 101. OF THE _ PUBLIC RECORDS OF DADS COUNTY,ONE-HALF TOGETHER ") WITH A PORTION OF THE SOUTH ONE-HALf (S52),OF THE NORTHEAST ONE-QUARTER (NE114). OF THE SOUTHWEST " ONE-QUARTER.(SW114), OF SAID SECTION 20. AND BEING' , ALL MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING .. AT, THE CENTER OF SAID SECTION 20;THENCE SOUTH01° , 5 03"EAST,ON THE EAST LINE OF THE SOUTHWEST ONE- flUARTER (SWi14). OF SA)D SECTION 20. A DISTANCE OF ._ 739.37 FEET TO A POINT ON THE SOUTH LIMITED ACCESS RIGHT-OF-WAY LINE OF INTERSTATE 595. A POINT ON A -CURVE, AND THE POINT OF BEGINNING; THENCE NORTHWESTERLY ON THE SAID RIGHT-OF-WAY LINE,AND ON A CURVE TO THE LEFT. WHOSE TANGENT BEARS 1 NORTH 75°57'10"WEST,WITH A RADIUS OF 3793.22 FEET i _.,ti. • . 1)A CENTRAL ANGLE OF 02°24'26",AN ARC DISTANCE OF t57 37 FEET TO A POINT OF TANGENCY;THENCE NORTH 78 '1 °2136"WEST,ON SOUTH RIGHT-OF-WAY LINE.A DISTANCE OF 10.29 FEET;THENCE SOUTH 89"20'00"WEST,ON A LINE 15 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SAID SOUTH ONE-HALF(Si/2)OF THE NOR`fHEAST 6NE-QUARTER (NE114), OF THE. SOUTHWEST ONE- -.., QUARTER (SW114) OF SAID SECTION 20, A DISTANCE OF _ 1099.84 FEET; THENCE SOUTH 00.58,15" EAST, ON THEEAST RIGHT-OF-WAY . LINE OF SOUTHWEST 31JAVENUE,AS SHOWN'ON PORT 95 COMMERCE PLAT AS RECORDED N PLAT BOOK 144, PAGE 2, OF THE PUBLIC RECORDS OF BROWARO COUNTY.FLORIDA,A DISTANCE OF 388.12 FEET; . THENCE SOUTH 02°43'28" EAST, ON SAID EAST RIGHT-OF , WAY LINE.A DISTANCE OF 278.41 FEET;THENCE NORTH 89 -29'20" EAST, ON THE SOUTH LINE OF THE NORTHEAST ONE=OUARTER (NE1/4), OF THE SOUTHWEST OGIE- QUARTER (SW114)• OF SAID SECTION 20, A DISTANCE OF '- 1286.55 FEET, THENCE NORTH 80°43'35' EAST, ON THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER (NW114), OF THE, SOUTHEAST ONE-QUARTER (SE114). OF SAID SECTION 20,A DISTANCE OF 202.58 FEET;THENCE NORTH I Ordinance No. L2-.93 3 RESOLUTION#2008-059 00-50M WEST. ON THE WEST R(GHT OF WAY LINE OF . TRAM ROAD.AS RECORDED IN DEED BOOM 573.PAGE 114, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FL.ORIGA,A DISTANCE O'F 7.08 FEET; THENCE SOUTH 88° 4941"WEST,A DISTANCE OF 20271 FEET,THENCE NORTH 01°55.03" WEST, ON THE EAST LINE OF THE SAID .: SOUTHWEST ONE-QUARTER (SWV4) OF SECTION 20. A DISTANCE OF 265.02 FEET:THENCE NORTH 88°49'41"EAST. ON T74E SOUTH LINE OF THE NORTH $000 FEET OF THE SOUTH ONE-HALF (Slid): OF THE SOUTHWEST .ONE-. ?. OUARTER (SW114), OF THE NORTHWMT ONE-QUARTER Il (NWt/4), OF THE SOUTHEAST ONE"OUARTER (SETA), OF SAID SECTION 20 A DISTANCE OF 207.89 FEET; THENCE NORTH 00°54158'WEST.ON THE SAID WEST RIGHT-OF-WAY LINE OF TRAM ROAD, A DISTANCE OF 278.19 FEET TO A - POINT ON THE SAID SOUTH LIMITED ACCESS RIGHT-OF- WAY LINE TO INTERSTATE 695.AND A POINT ON A CURVE; THENCE NORTHWESTERLY ON SAID RIGHT-OF-WAY LINE, AND ON CURVE TO THE LEFT, WHOSE TANGENT BEARS NORTH 72?35'05"WEST, WITH A RADIUS OF 3793.22 FEET - .41 AND A CENTRAL.ANGLE OF 03°22.05",AN ARC DISTANCE OF 222.97 FEET TO THE POINT OF BEGINNING; SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND CONTAINING 20.8853 ACRES MORE OR LESS:AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS. HIGHWAYS AND:ALLEYS AS SHOWN'ON SAID PLAT OF"ISGETTE'S RUNWAY`, 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 QRDAINED'BV THE CITYCOMM'SS1ON OF THE CITY OF DANIA.FLORIDA: - S� Rectien 1., that the PIM of"ISGETIE'SRUNWAY",same being: - - A PORTION OF TRACTS OF THE SOVTHEASTONE-QUARTER(SE114),OF MAP OF SECTION 20. TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1,PAGE 101,OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA TOGETHER • WITH A PORTION OF THE SOUTH ONE-HALF(S1f2).OF THE NORTHEAST ONE-QUARTER (NEV4). OF THE SOUTHWEST ONEAUARTER (SW1(4). . OF SAID SECTION 20, AND BE#NG ALL MORE FULLY DESCRIBED 2 FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION HE THENCE SOUTH 01°5503" EAST, ON THE EAST LINE OF THE ..I SOUTHWEST ONE-QUARTER(SVN914),OF SAID SECTION 20,ADISTANCE 2 Ord--mane No. 72-43 _ »—.- S\T q RESOLUTION#2008-059 ( 234 E7 TO A PONT ON THE SOUTH Lg ATEO ACCESS RIGHT- „k. QF•VJAY LINE OF INTERSTATE 595.A POINT ON A TIME,. AND THE - PAINTOBEL3INNA7G.THENCE',.NORTHWESTERLK OR THE 5AID RIGHT- .. OF-WAY LINE. AND ON A CURVE TO THE LEFT. WHOSE TANGENT BEARS ORTH 75.57'10-WEST,WITH A RAOIUS OF 9793.22 FEET AND A CEH:I pF TANGfNCYGLS OF r THENCE NRORTHS78-21*35" VXST,TANCE Of ''ON SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 10.29 FEET:THENCE'SOUTH 89° i 20'00"WEST,ON A LINE 15.FEET SOUTH OF AND PARALLEL WITH THE 1 NORTH LINE OF THE SAID SOUTH ONE-HALF(S112)OF THE NORTHEA OF ST SAID SECTION 29SA4O15TANCESOF 10.UTH9984 FEE THE NC SOUTH ST ONE-QUARTER f100• 58Y5" EAST• ON THE,EAST TI95NF-WAY LINE AAERCE PLAT, RECORDSED IN " AVENUE,AS SHOWN ON FOR ll4 PLAT BOOK 144. PAGE 2. OF THE PUBLIC RECORDS OF SOUTH 0 ' d28''EAST,ON SAID EAST RIGHT-OF-WAY LCE IF 388 12 M A DISTANCE OF 278.41 FEET: THENCE NORTH 89.29'20" FAST• ON THE SOUTH LINE OF THE QUART NORTHEAST`�JONE,QUARTER OF SAID SECTION 20,A114) FDIS7ANCE OF7 t2$55 FEET. - - THENCE TH 68 EAST NORTHWEST TH LINE OF THE RONE-QUARTER. , (NW1144N OF THE USOUTHEAST O E- OUARTER (SE174),OF SAID SECTION 20.A DISTANCE OF 202.56 FEET; - 'THENCE NORTH 00.54'SB"WEST,ON THE WEST RIGHT-OF-WAY LINE OF PUUBBLLI�RRAD AS RE-CDED IN DEED BOOK 573. PAGE I.M,OF THE ECORDS OF BROWARD COUNTY: FLORIDA. A DISTANCE OF 7.08 FEET: THENCE SOUTH 88.49'41' WEST, A DISTANCE OF 202.77 THE SAID FEET:THENCE NORTH ON T14E EAST LIKE OF SOUTHWEST ONE-QUARTER SECTION 20.A STANCOF . 285.02 FEET;THENCE NORTH 88°49'41' EAST,ON THE SOUTH LINE OF THE SOUTHWEST S0.00 FEET OF THE ONE-QUARTER. (SWt/OU OFOTHE NORTHWEST N E QUARTER (NNW 20) A DISTANCE OFOF'207 69'FEET;OI-THEN E(NORTH OF SECTION F TRAM ROAD, ') SE E O ID - IN SAID WAY L SAID WEST RIGHT , 5s58"WEST..ON THE SA ) POINT ON A A QIS7ANCE OF 278.19 FEET 7D A POINT ON THE SAID SOUTH LIMITED ND A AU CC SSTHENCE NORTHWESTERLY ON SAID R GHTA O W .A [GHT-OF-WAY'LINE TO INTERSTATE 595. PJ AY LINE. WEST.WITH A RADIUS OF 3-URVE TO THE LEFT,79 022 FEET A CENTRALOANGLE OF 03' SEGINN AN ARC NG, SAID T OF DISTANCE SITUATE LY LYING FAND BEING EET To H N BROWARD COUNTY FLORIDA.AND CONTAINING 20.8853 ACRE MORE OR LESS; _ is hereby UNTY'F and DA.ApppmND With res0eot thereto,its City of Dania consents and'. agrees that sudh plat may 6a rewtded in the PuElic Rewrtls o1 Broward County,Florida, 12 93 ..I 3 Ordinance No. l`I � _,_r... ,..s :•ass r a �?-i� .. 5 RESOLUTION#2008-059 :4 _ _.. ypoo IuGtheraPPmval of all agencies of Broward CoPntY•Florida.IraWn9.11ulildictidn in the matlef $4LfIP9-2 Thak tha-deEimlian fa pubic use of all streets,highwaYs and alleys.as .. shown on the psnog said-I$CETTf%RVIMAY'.is hereby accepted by the City of Dania. Plaids. Thal all ordinances or parts 9f ordinances and all r wWOns or Par1S of rSsoWbons in conflict herewith be and the same are hereby pivats(j to the eAeN of saris wripict. j' . •. Carmen.A Thal this Wdinance shall be in torts and take ef(ect hircnedW81YLPon its final Passage and adoption. PASSED and ADOPTEDon Fitst Read ng on the 2,th deS of Ne Y 7893, i= PASSED and ADOPTpD onSecdnd and Final Reading on led sth day of _ ( I lane -3893, Vd/f, .ATTEST. MAYOR-COMMISSIONS ' Cm Clan !AUDITOR AppiiiaiifM TO FORM g.CORRECTyESS :t 61 fhi6— FRANkC.AOLER CITY ATTORNEY i .J q Ordinance No... RESOLUTION#2008-059 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 8, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner C SUBJECT: DR-25-08: The applicant, Miller Legg & Associates, Inc, on behalf of the property owner, Marina Mile Park of Commerce, LLC, wishes to amend an approved plat of the property located at the west side of SW 26 Terrace, between SW 32 Street and SW 33 Street. DELEGATION REQUEST To change the note on the plat to allow office and vocational technical school. PROPERTY INFORMATION ZONING: Industrial, Research, Office, Marine (IROM) LAND USE DESIGNATION: Industrial The perimeter plat for this property was approved by the City Commission on February 27, 2007 and a previous delegation request was approved on May 8, 2007 to change the location of a vehicular access opening. The applicant is now requesting to change the note on the plat. The current plat note states: "This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Broward County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners." The propose plat note will read: "Parcel A-1 is restricted to 60,000 square feet of office use, Parcel A-2 is restricted to 100,000 square feet of vocational technical school and the remainder of Parcel A is restricted to Industrial Use." STAFF RECOMMENDATION At the discretion of the City Commission. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment a_ ❑ Plat C� j ICIJII ® Plat Delegation Request ❑ Rezoning Date Rec'd: EllSite Plan t WAR 251008 ❑ Special Exception [ Petition No.: Dtt" ❑ Trafficway Waiver ❑ Variance , re $aie11 ❑ Roadway Vacation ' ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: East side of SW 30 Avenue, South of SR 84 Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: Isgette' s Runway Folio Number(s): See Exhibit 1 Legal Description: See Attached Sketch & Legals Applicant/Consultant/Legal Representative (circle one) Miller Le44/Jill Cohen Address of Applicant: 1800 N. Douglas Road Pembroke Pines, FL 33024 Business Telephone:954-436-7000x255Home: N/A Fax: 954-436-8664 Name of Property Owner: Marina Mile Park of Commerce, LLC Address of PropertyOwner:814 S . Military Trail, Deerfield Beach, 'FL 33442 Business Telephone:954-596-2411 Home: Fax: 954-480-6250 Explanation of Request: Plat Note Amendment For Piafs please provide proposed Plat Name for Variances please attach Criteria Statement as per Amide 10.13 of Chapter28,Zoning Code. Prop. Net Acreage: N/A Gross Acreage: Prop. Square Footage: 60, 000 sf office 100, 000 sf vocational tech school Existing Use: Vacant Proposed Use: 60,000 sf office 100,000 sf vocational tech school Is property owned individually, by a corporation,or a joint venture? LLC I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/ I t/Rep ntative: This -QL( day of fllk(& 20-0 Signa C NC LYl(3/ Date: Robert Miller Sign Name of NotarY Public U (Print Name) State of(H0614 ) f 814 S. Military Trail, ri Deerfield Beach, FL 33342 Print Name of No Street Address, City, State and Zip Code Commission Expires: NCO. a, zwb 954-596-2411 (p) / 954-480-6250 (f) Seal: Cs. bnEvs"HwWyK Telephone No. &Fax No. .J MY co m"No�OW0r7M s a�0' ExpW"Nov0~03.2M INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant(Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/ConsuNant/Representative) to make and file the aforesaid application. Swom to and subscribed before me This_day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. Exhibit 1 ID# 504220500010 Pantropic Power, hic. ID# 504220500011 Kenan Transport Company IN 504220500012 Marina Mile Park of Commerce ID# 504220500013 Southern Waste Systems 777 i i 3 � hdAR 2 5 T008 P Rd PERTY APPRAISER -J e, ' of r } W lr r r ry� .�{ r / 4fY 9 1 F � y. ✓a; r f. I "� I1� Broward County Property Appraiser's Net- rk Page 1 of ,. pn���5� If you are looking to purchase this property,the tax amount shown may have no LORH relationship to the taxes you will pay. p I,i If you are looking to purchase this property and are not using portability to transfer any BDf i[�uy yAp4j IMPORTANT: capped savings, please use our Tax Estimator to determine a more likely estimate of .w- COUNTY your new amount. If you own a home in Florida.and want to see how much portability will save you,try our Portability Estimator. HtitllOtl3 �� MIEi<MAC �EE1T ME''rN iiA/tCM ECM IMOMi Click here to display your 2007 Tax Bill. Site Address I ID# 5042 20 50 0012 Property Owner I PANTROPIC POWER INC Millage 0412 Mailing Address 18205 NW 58 ST MIAMI FL 33166 Use 40 Legal ISGETTES RUNWAY 158-18 B A FOR OF PAR A,DESC AS,BEG NW CDR OF SAID PAR Description A,E 772.87,S 381.8,W 220.24,S 67.09,W 557.01 TO W/L OF PAR A,N 61.15,N 388.12 TO POB Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $3,263,100 $3,263,100 2007 $3,263,100 $3,263,100 $68,895.24 2006 Assessed] Exemptions SOH Value Type Wid/Vet/Dis 1st Homestead 2nd Homestead Non-Exempt $3,263,100 $3,263,100 $3,263,100 2007 Assessed I SOH Value 2006 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 8/2/2007 WD $3,930,800 44427 353 $9.75 334,677 SF Adj. Bldg. S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS A DS 7 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. R I rRx; f I �R 2 5 20�8 r E ;$, f httn://www.bcDa.net/RecInfo.asi)?URL Folio=504220500012. �� �� 3/20/20( O. PA,.RISH . PROPERTY ra Kenan APPRAISEN • .1.F- 1r � {f�. ! I Transport Company Broward County Property Appraiser's Ne' irk Page 1 of If you are looking to purchase this property,the tax amount shown may have no LORIPARRI$H relationship to the taxes you will pay. BIlk`_' • r If you are looking to purchase this property and are not using portability to transfer any -is- COUNTY IMPORTANT: capped savings.please use our Tax Estimator to determine a more like) estimate o your new amount. • If you own a home in Florida.and want to see how much portability will save you,try our Portability Estimator. �RENOIJfNUTMIEN lAA* ►fi!!IT NEW SaAw"I KrA looms Click here to display your 2007 Tax Bill. Site Address 3201 SW 26 TERRACE, DANIA BEACH ID# 5042 20 50 0011 Property Owner KENAN TRANSPORT COMPANY Millage 0412 %AMY LOWDERMILK Use 48 Mailing Address PO BOX 35519 CANTON OH 44735-5519 Legal ISGETTES RUNWAY 158-18B PART OF PARCEL A DESC'D AS,COMM AT C/L OF SEC Description 20,S ALG E/L OF SW1/4 FOR 739.37 TO PT ON LTD ACCESS LINE FOR 1-595& POB,NWLY 159.37,WLY 10.29,W 248.33,SLY 381.11,ELY 620.10,NLY 273.19 TO S R/W/L 1OF LTD ACCESS R/W FOR 1-595,NWLY ALG SAME 222.97 TO POB,LESS E 27 FOR RD Property Assessment Values Year Land Building Land Value AG Just Value Tax CurrentE$1,686,1 $1,686,100 $282,630 $1,968,730 2007 00 $282,630 $1,968,730 $46,903.00 2006 $1,686,100 $282,630 $1,968,730 $49,320.14 Assessed/ Exemptions SOH Value Type Wid/Vet/Dis 1st Homestead 2nd Homestead Non-Exempt $1,968,730 $1,968,730 $1,968,730 2007 Assessed/SOH Value $1,968,730 2006 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 10/5/1993 WD $650,000 21336 810 $8.00 57,505 SF $8.00 153,258 SF Adj. Bldg. S.F. (See Sketch) 11880 Eff.Year Built 1996 Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS W DS 11880 216.8 Please Note:Assessed values shown are NOT certified values and are subject to change before anal certification for ad valorem tax purposes. P4GR Z 5 2008 i httD://www.beDa.net/Reclnfo.aso?URL Folio=504220500011 — 3/20/20( • , . ' , .RcOuN lip It 7. Marina Mile PROPERTY APFRAISER /W l �t �S rF n� 4`-F s Y i r J r I rk of Commerce IN II, Broward County Property Appraiser's Net- rk Page 1 of 1 �Q R� pA, H If you are( oking to purchase this property,the tax amount shown may have no relationshipto the taxes you will BRR �s�Sy��IlA+1D r) If you are looking to purchase this property and are not using portability to transfer any O{�T •' ""� IMPORTANT: capped savings,please use our Tax Estimator to determine a more likely estimate of ^ - COUNTY your new amount. . If you own a home in Florida,and want to see how much portability will save you,try our Portability Estimator. �1lENOt/� � if1EN1 iNAf ��l/T ►IEw iEARCM •CfA NOMiE Click here to display your 2007 Tax Bill. Site Address DANIA BEACH ID# 5042 20 50 0010 Property Owner MARINA MILE PARK OF Imillage 0412 COMMERCE LLC Use 40 Mailing Address 814 S MILITARY TRL BLDG#6 DEERFIELD BEACH FL 33442 Legal ISGETTES RUNWAY 158-18B PARCEL A LESS PT DESCD AS,COMM AT C/L OF SEC Description 20,S 739.37 TO POB NW 159.37,NW 10.29,W 248.33,SLY 381.11,E 620.10,N 273.19,NWLY 222.97 TO POE& LESS E 202.58 OF S 7.08 OF PARCEL A&LESS PART INC'D IN OR 31239/350,LESS A POR OF PAR A,BEG NW COR OF PAR A ALG N/L E 772.87,S 381.8,W 220.24 S 67.09,W 557.01 TO W/L OF PAR A N 61.15,N 388.12 TO POB Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $1,485,050 $1,485,050 2007 $1,485,050 $1,485,050 $31,972.02 2006 $2,072,780 $2,072,780 $48,770.94 Assessed/ Exemptions SOH Value Type WidNeUDis 1st Homestead 2nd Homestead Non-Exempt $1,485,050 1 1 1 $1,485,050 $1,485,050 2007 Assessed/SOH Value $2,072,780 2006 Assessed/SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 8/10/2006 SWD $5,700,000 42588 1516 $9.75 152,313 SF 10/7/1999 WD $2,200,000 29958 1900 11/5/1996 CET $100 25650 595 Adj. Bldg. S.F. Special Assessments Fire Garbage Light Drainage Improvement I Safe 04 DS A DS 1122 3.5 Please Note:Assessed values shown are NOT certified values and are subject to change before f rial certification for ad valorem tax purposes. VAR 2 5 2508�y; httnJ/Www.bena.net/RecInfo.asn?URL Folio=504220500010 3/20/200 LOR'r%RRISH PROPERTY APPRAISER h y I �✓..r�' . Sri_ 5p^- ,.. , ' - . v 3r� #e. �W4 f�d... ..:v}al.� yr�t/.. .fit..• -. .. .. r..... Southern Waste 1 1 11' 1 11 1 "1 1 • • 1 1 1 Ii 1 111�• 1 1 � �� Broward County Property Appraiser's Ne' rk Page 1 of 1 LaRI � �� � If you are looking to purchase this property, the tax amount shown may have no relationship to the taxes you will pay. rr�,�[��t/�v/{r►,� If you are looking to purchase this property and are not using portability to transfer any B, `E ice' �rown IMPORTANT: capped savings,please use our Tax Estimator to determine a more likely estimate of ro COUNTY your new amount. If you own a home in Florida.and want to see how much portability will save you,try our IF Portability Estimator. PRlNiDUf � YIE1M MAr tRlfT NIA tERRCN lcl� NOMi Click here to display your 2007 Tax Bill. Site Address 13251 SW 26 TERRACE , DANIA BEACH ID# 504220 50 0013 Property Owner SOUTHERN WASTE SYSTEMS LTD Millage 0412 Mailing Address 790 HILLRATH DR LANTANA FL 33462 Use 41 Legal ISGETTE'S RUNWAY 158-18 B THAT PART OF PARCEL A INCLUDED WITHIN THE Description FOLLOWING DESCRIPTION BEG AT NE COR OF PARCEL H OF RUNWAY LAKES III,S ALG E/L OF PARCEL A&H FOR 292.110187.58 W 716.40,NLY 284.18,ELY 903.96 TO 1POB,MORE FULLY DESC'D IN OR 31239/350 Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $1,587,610 $2,177,620 $3,765,230 2007 $1,587,610 $2,177,620 $3,765,230 $83,891.43 2006 $1,438,800 $1,979,650 $3,418,450 $83,255.15 Assessed/ Exemptions SOH Value Type Wid/Vet/Dis 1st Homestead 2nd Homestead Non-Exempt $3,765,230 $3,765,230 $3,765,230 2007 Assessed/SOH Value $3,418,450 2006 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 1/26/2001 SW' $1,000,000 31239 350 $8.00 198,416 SF $0.10 2,840 SF Adj. Bldg. S.F. (See Sketch) 50636 Eff.Year Built 2003 Denotes Multi-Parcel Sale(See Deed) Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS W DS 50636 115.8 Please Note:Assessed values shown are NOT certified values and are subject to change before final cerlfication for ad valorem tax purposes. VAR 2 5 1088 httn•//www hcna net/Rec1nfo.asn?1JRL Folio=504220500013 ! ..:..jr.__ ., '?y 3/20/20C March 24, 2008 Re: Isgette's Runway Plat Note Amendment MP: 060-MP-93 PB 1581 PG. 18 Current "Isgette's Runway" Note for entire plat: This plat is restricted to industrial use. Any structure within this plat must comply with Section IV D.I.F. Development Review Requirements, of the Broward County Land Use Plan, regarding hazards to air navigation. Commercial/retail uses are not permitted without the approval of the Board of County Commissioners who shall review and address these uses for increased impacts. This note is required by Chapter 5, Article IX, Broward County Code of y pp Ordinances, and may be amended b approval of the Broward County Board of Count Commissioners. Proposed "Isgette's Runway" Note for entire plat: Parcel A-1 is restricted to 60,000 square feet of office use (see attached legal description), Parcel A-2 is restricted to 100,000 square feet of vocational technical school (see attached legal description), and the remainder of Parcel A is restricted to Industrial Use. I , P w I IIAF 2 7 2008 ` � E Lam_. V A\Projects\2006\06-00329-Marina Mile Park Of Commerce\Documents\Application\Plat Note Amendment Isgette's Runway03-21- 08.doc +, SHEET 1 OF 3 DESCRIPTION: (PARCEL A-2) A PORTION OF PARCEL "A" OF "ISGETTE'S RUNWAY", AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'20'00" EAST 7.00 FEET TO THE POINT OF BEGINNING #2; THENCE CONTINUE NORTH 89'20'00" EAST 765.87 FEET; THENCE SOUTH 01'55'03" EAST 381.80 FEET; THENCE SOUTH 88-49.41" WEST 220.24 FEET; THENCE SOUTH 00'54'58" EAST 67.09 FEET; THENCE SOUTH 89'29'20" WEST 538.02 FEET; THENCE NORTH 02'43'30" WEST 50.71 FEET; THENCE SOUTH 87'16'30" WEST 12.00 FEET; THENCE NORTH 02'43'30" WEST 9.04 FEET; THENCE NORTH 89'19'57" EAST 2.96 FEET, THENCE ALONG A LINE PARALLEL WITH AND 10.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", NORTH 00'58'15" WEST 40.00 FEET; THENCE SOUTH 89'19'57" WEST 3.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", NORTH 00'58'15' WEST 350.00 FEET TO THE POINT OF BEGINNING #2. SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 330659 SQUARE FEET (7.591 ACRES) MORE OR LESS. TOGETHER WITH INGRESS/EGRESS EASEMENT, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'19'57" EAST 7.00 FEET, THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET, THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 110.23 FEET; THENCE NORTH 87'16'30" EAST 405.98 FEET TO POINT OF BEGINNING #3; THENCE CONTINUE NORTH 87'16'30" EAST 94.33 FEET TO A POINT ON A 54.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH 56'22'15" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2358'43" AN ARC DISTANCE OF 22.60 FEET TO A POINT OF REVERSE CURVATURE OF A 30.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57'36'27" AN ARC DISTANCE OF 30.16 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'00'00" WEST 28.29 FEET TO A POINT OF CURVATURE OF A 80.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 26.22 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18'46'44" EAST 96.74 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A", SOUTH 89'29'20" WEST 62.23 FEET; THENCE TOWARDS THE RADIUS POINT OF THE NEXT DESCRIBED CURVE NORTH 00'23'23" WEST 8.82 FEET TO A POINT ON A 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108'23'21" AN ARC DISTANCE OF 37.83 FEET TO A POINT OF TANGENCY; DOES NOT SEE SHEET 3 OF 3 FOR SKET CH SKETCH & DESCRIPTION REPRTMESENT KA BOUNDARY SURVEY CERTIFIED TO: I HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY MARINA MILE PARK OF COMMERCE LLC THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS '�,I AND MAPPERS IN CHAPTER 61017-8, FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA STATUTES. DATED THIS nth DAY OF MARCH 2O06 A.D. I �� L SU L { ;yr ` PR AL SUR AND APPER M I L L E R L E G G STATE OF HOUTFLORIDATHE REO ATU WE 5B37 NOT VALID F AFLORIDAaKENSED AND OR AND MAPPER RAISED SEAL 0P A iLDA LICENSED SURVEYOR AND MAPPER o.re REV 1 S I 0 N S oNN. wx. South Florida Ol6ce:1600 North Douglas Road•Suite 200 CERTINCATE Di AUTH016IA710N: L95a90 Pembrolm Pines,Florida•3302432M 954436-7000•Fax:954-036-W64 MMT No. DRA1Ml BY: LD CHECKED BY: w .mllleriegg.com 06-00329 V..VPRUEcnsV2008\0- 0-MARINA rNI.E PARK aF mIRERCE\oRAwN \SLWVEw+o\ae-ao3za-pANmaP C-o OM 3/27/0e by L Y SHEETa.2 OF 3 THENCE NORTH 18'46'44" WEST 49.89 FEET TO A POINT OF CURVATURE OF A 110.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 36.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 10.63 FEET TO A POINT OF CURVATURE OF A 60.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64'35'47" AN ARC DISTANCE OF 67.65 FEET TO THE POINT OF BEGINNING 03. TOGETHER WITH ANOTHER PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'19'57" EAST 7.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 10.23 FEET; THENCE NORTH 87'16'30" EAST 12.00 FEET TO POINT OF BEGINNING #4; THENCE CONTINUE NORTH 87'16'30" EAST 524.87 FEET; THENCE SOUTH 00'54'58" EAST 100.05 FEET; THENCE SOUTH 87'16'30" WEST 521.71 FEET; THENCE ALONG A LINE PARALLEL WITH AND 19.00 FEET EAST OF SAID WEST LINE OF PARCEL 'A", NORTH 02'43'30" WEST 100.00 FEET TO THE POINT OF BEGINNING #4. ALL THE ABOVE SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. SEE SHEET 3 OF 3 FOR SKETCH MILLERL E G G THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY South Forba OMca:1M North Douglas Road-Sub 200 Certificate of Authoflzatlon LB. 8880 PembmM Pines,F orha-33g24,MM IRD.E1.'f Kl 954436 Aflsu:p.00n SD4 � g D&4CdIPTl01V 06-00329 a7000l l=954wm M aR-W]2Y-YARNA M PARK OF YW -PmTRORc-w M 312710a CY IDALY K SHEET 1 OF 2 DESCRIPTION: (PARCEL A-1) A PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID PORTION DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #1; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A", NORTH 89'29'20" EAST 16.49 FEET TO THE POINT OF BEGINNING #1; THENCE NORTH 06'46'17" EAST 0.13 FEET TO A POINT ON A 2729.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE WEST WHOSE RADIUS POINT BEARS SOUTH 89'43'58" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02'28'40" AN ARC DISTANCE OF 118.01 FEET TO A POINT OF NON-TANGENCY; THENCE NORTH 02-43.30" WEST 99.05 FEET; THENCE NORTH 89'29'20" EAST 537.99 FEET; THENCE SOUTH 00'54'58" EAST 217.10 FEET TO THE SOUTH LINE OF SAID PARCEL "A"; THENCE ALONG SOUTH LINE OF SAID PARCEL "A" SOUTH 8929'20" WEST 533.67 FEET TO THE POINT OF BEGINNING #1. SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA AND CONTAINING 116147 SQUARE FEET (2.666 ACRES) MORE OR LESS. TOGETHER WITH INGRESS/EGRESS EASEMENT, DESCRIBED AS FOLLOWS: A PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #1; THENCE ALONG THE NORTH LINE OF SAID PARCEL W. NORTH 89'19'57" EAST 7.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 110.23 FEET; THENCE NORTH 87'16'30" EAST 405.98 FEET TO POINT OF BEGINNING #1; THENCE CONTINUE NORTH 8716'30" EAST 94.33 FEET TO A POINT ON A 54.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE TO THE NORTHWEST WHOSE RADIUS POINT BEARS NORTH 56'22'15" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23'58'43" AN ARC DISTANCE OF 22.60 FEET TO A POINT OF REVERSE CURVATURE OF A 30.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 57'36'27" AN ARC DISTANCE OF 30.16 FEET TO A POINT OF TANGENCY; THENCE SOUTH 00'00'00" WEST 28.29 FEET TO A POINT OF CURVATURE OF A 80.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 26.22 FEET TO A POINT OF TANGENCY; THENCE SOUTH 18'46'44" EAST 96.74 FEET; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "A", SOUTH 89'29'20" WEST 62.23 FEET; THENCE TOWARDS THE RADIUS POINT OF THE NEXT DESCRIBED CURVE NORTH 00'23'23" WEST 8.82 FEET TO A POINT ON A 20.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 108*23*21" AN ARC DISTANCE OF 37.83 FEET TO A POINT OF TANGENCY; THENCE NORTH 18'46'44" WEST 49.89 FEET TO A POINT OF CURVATURE OF A 110.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18'46'44" AN ARC DISTANCE OF 36.05 FEET TO A POINT OF TANGENCY; THENCE NORTH 10.63 FEET TO A POINT OF CURVATURE OF A 60.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64'35'47" AN ARC DISTANCE OF 67.65 FEET TO THE POINT OF BEGINNING #1. TOGETHER WITH ANOTHER PORTION OF PARCEL "A", "ISGETTE'S RUNWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 158, PAGE 18 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT BEING POINT OF COMMENCEMENT #2; THENCE ALONG THE NORTH LINE OF SAID PARCEL "A", NORTH 89'19'57" EAST 7.00 FEET; THENCE ALONG A LINE PARALLEL WITH AND 7.00 FEET EAST OF THE WEST LINE OF SAID PARCEL "A", SOUTH 00'58'17" EAST 388.82 FEET; THENCE ALONG SAID PARALLEL LINE, SOUTH 02'43'30" EAST 10.23 FEET; THENCE NORTH 87'16'30" EAST 12.00 FEET TO POINT OF BEGINNING #2; THENCE CONTINUE NORTH 87'16'30" EAST 524.87 FEET; THENCE SOUTH 00-54-58" EAST 100.05 FEET; THENCE SOUTH 87'16'30" WEST 521.71 FEET; THENCE ALONG A LINE PARALLEL WITH AND 19.00 FEET EAST OF SAID WEST LINE OF PARCEL 'A", NORTH 02'43'30" WEST 100.00 FEET TO THE POINT OF BEGINNING #2. ALL THE ABOVE SAID LANDS SITUATE, LYING, AND BEING IN THE CITY OF DANIA BEACH, BROWARD COUNTY, FLORIDA. THIS SKETCH DOES NOT SEE SHEET 2 OF 2 FOR SKETCH SKETCH AND DESCRIPTION REPRESENT A BOUNDARY SURVEY CERTIFIED TO: I HEREBY CERTIFY THAT THIS SKETCH MEETS THE MINIFUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS rT CHMIM e107-e. MARINA MILE PARK OF COMMERCE, LLC FLORIDA ADMINISTRATIVE GORE PURSUANT TO SECTION 472o27, D; S FLORIDA STATUTES DATED THIS ZM DAY OF MARCH D. MAP ? 7 ?n g I j xa.,,;a ; PROFESSI AL SURVE AN MAPPER ` STATE OF FLORIDA REGISTR No. 8837 /27/09 } EASEMENT LD KL M I L L E RNK E G G NOT VALID 1MTHOUT THE SIGNATURE AND 1HE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ogre ow. CHX. South Florida R E V I S 1 0 N S OIIIce:1800 North Douglas Road•Suite 200 CERTIFICATE OF AUIHORIZATKIN: LBeeeO Pembroke Pines,Florida•33024-MO PROJECT N0, flLE "0. 954 438 7000 Fez:954.436 8684 06PR 00329 DRAWN BY: LP CHECKED 8Y: KL www.milmeglimm v:\pmjvos\2we\0e-0o32C - Marina MI. Pwrk of co m« \D'owl,a•\aMyino\03-003n-M-PROP-NVALdw9 Thu 03/27/20DB 12:30P By Iddy A SHEET 2 OF 2 LEGEND: 1-5 5 A to Central Angle R — Radius L = Length P.O.B Point Of Beginning ¢ v P.O.C. = Point of Commencement L N B.C.R. Broward County Records p D.C.R. = Dade County Records O.R.B. = Official Records Book P.B. Plat Book S.W 36th ST. NW CERPG. = Page rn SITE LID PARCEL N A" R/W = Right—of—Woy LOCATION *ISGETTE'S SEC. = Section = Centerline RUNWAY _ = Non Vehicular Access Line (Per Plat) P.B.158, PG.18, B.C.R. SECTION 20, TOWNSHIP 50 SOUTH, RANGE 42 EAST LOCATION MAP NOT TO SCALE � I _ _ _ _ _ _ _ _ PARCEL "A" _ - - - - - PROPOSED i "ISGETTE'S Y — — Q I INGRESS/EGRESS I » d Ci I 537.99' EASEMENT N89'29'20'E RUNWAY Um I Z N0o °OW (P. B. 158 W" N PG 18 Zoa 1 0' UTU< no U .00 I EASEMENT W _ LS m,# R/W PER (P.B.158. B.C.R ) 0), PER I PG.18 B.C.R.) a in 144- 01 a 1-Di R-2729.00' k N FS o I df 02'28'40* SOUTH LINE 10' UTILITY \ s I L=11&01' PARCEL "A" EASEMENT \ NORTHWEST CORNER I N06'46'17"E ISGETTE'S RUNWAY PER (P.B.158� \ SE Y4, SW Ya SECTION I 0.13' PG.18 B.C.R.) \ 20-50-42 ---------------- ----------- ------ --- ---- ----------------- TO RADIUS POINT P.Oa NORTH LINE — S89'29'20OW 533.67' N8929'2Q"E N89'29'20"E S.E. 1/4, S.W. 1/4 40.03 16.49' SEC. 20, TWP. 50 S., RGE. 42 E. P.O.C. v SOUTHWEST CORNER \Z PARCEL "A" e 'ISGETTE'S RUNWAY" Lzu1a1i a w ulz �o ol 1 0 � ja En ' a 3 Cn C-4 I St et fll I-- ,a d in �U w u)i a.m GRAPHIC SCALE 3 •c°Dil 0 50 100 200 m S. LINE OF N. 1/2 OF THE N. N I 1/2 OF THE S.E. /4 OF THE Z w o.(j S.W. 1/4 OF SEC — IN FEET ) L)F a-m 1 INCH = 100 FEET I 0 � 40' w<af I SEE SHEET 1 OF 2 FOR DESCRIPTION MILLER LEGG South Florida Office: 1800 North Douglas Road•Suite 200 Cwtifloote of Authorisation L.9. 5880 THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY Pembroke Pines,Florida•33024-3200 954-436-7000•Fax:954-436-8664 PROJECT N0. FILE N0. www.millorlegg.com sKzzt B rE DFsc3u j 06-00329 Zti-05-OZ '33S d014MS d0 NO11UOd :HOd VUIUOld 'A1Nf1OO auvmo d8 'HOV38 VINVa d0 KU3 30E13WWO3 A0 )Iadd 31IW VNIEIVW �J93� b3111W,l NOLLdiuma v HO1mS rp • ■e ! Y MY s lei aGg • 1! I �a Iip I ip gY\ I �! iI an vimwm n rre"� vr"nn aawn >� Y � �! ie I L� 1. Q } I a I � I r ills tiI — 9 _ trw 0 0 N ' t t N F a.n�"VN �srsYw-EMwM. r • let 613 mg 4 ANA(Wit a I� . 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Lw 74, oakv n ; jOCO4Y. /YVdIl (3Jt?dld3l Visa A ♦H.eNY.�perY+..e+w••i+rl.� � r+ f! t .SOYYT Yl.ro.➢G.IO 'N. ,MY+H�7•`— T7S,r ./F OTC . •) _ »•yL_oT-e4 uti IwwM 9IM/4+ ' a i10117 s e 44: It ee M� • j�LC•}� .� j � 5� � 3{ .� Y��f 44 W R m' C , Q � � s a � o i s ' ..vawvAP J/wnu]s-- 9 3 OF A1 '6 1 — — -- ----� 30N3AV Vt CITY OF DANIA BEACH Agenda )tem # 9 Agenda Request Database Date of Commission Meeting: 4-22-2008 Public Hearing ❑ Adopt Resolution 0 Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26,"VEGETATION",SECTION 26-48,"INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS",FOR PROPERTY LOCATED AT 1201 STIRLING ROAD,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ' Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-28-08: Variance to reduce the required interior landscape area and to reduce the number of trees provided on site for the new public services complex. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Site Plan Exhibit 7 Exhibit 2 1Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date Gtv Manager Date Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-063 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 26, "VEGETATION", SECTION 26-48, "INTERIOR LANDSCAPING FOR ALL VEHICULAR USE AREAS", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 26,"Vegetation",Section 26-48, "Interior landscaping for all vehicular use areas",prescribes landscaping requirements for properties located within the City of Dania Beach; and WHEREAS,the City of Dania Beach Public Services Department is requesting a variance (VA-28-08)to reduce the required interior landscape area and to reduce the number of trees provided on site for the new Public Services complex as follows: 1) Proposal for 7% of the vehicle use area to be landscaped(Chapter 26, "Vegetation", Section 26-48,"Interior landscaping for all vehicular use areas"requires 20%of the vehicle use area to be landscaped); and 2) Proposal to provide 18 trees in the vehicle use area and provide 9 additional trees along the west property line,resulting in a shortage of 15 trees(Chapter 26,"Vegetation",Section 26-48, "Interior landscaping for all vehicular use areas" requires 1 tree for each 200 square feet of interior vehicle use area, which equals 42 trees), for property located at 1201 Stirling Road in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on April 16,2008 recommended approval of the variance request, based upon the criteria set forth in Section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-28-08 from requirements in Chapter 26, "Vegetation", Section 26-48, "Interior landscaping for all vehicular use areas" of the City Code of Ordinances is approved. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are 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 on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-063 Location Map: N CITY OF DANIA - PUBLIC SERVICES ADMINISTRATION BLDG VA-28-08 1r oia trio I I __ — c-a STRUNG RD -- I �I II �I IROM i 'Rsuoo SW 2ND PL I � I II SWI3R-�D'7STT _�.. iT -FN I -------— - I _L- I i-_ SW 3RD PL . CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 22, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner C l APPLICANT: City of Dania Beach, Public Services. REQUEST: VA-28-08: Variance to reduce the required interior landscape area and to reduce the number of trees provided on site for the new public services complex. LOCATION: 1201 Stirling Road. Reduce interior landscape area: Code requires 20% of the vehicle use area to be landscaped, the plans propose 7%. Reduce number of trees: Code requires 1 tree for each 200 square feet of interior vehicle use area, which equals 42 trees. Due to limited area, there is only room for 18 trees. The applicant has provided 9 additional trees along the west property line, resulting in a shortage of 15 trees. CITY COMMISSION PREVIOUS ACTION On December 11, 2007 the City Commission approved the site plan for this building. PLANNING AND ZONING BOARD RECOMMENDATION This item will be heard by the Planning and Zoning Board on April 16, 2008. The Board's recommendation will be presented at the City Commission meeting. STAFF RECOMMENDATION Approval. CDM 6365 N W.6th Way,Suite 200 N � Fort Lauderdale,Florida 33309 tel: 954776-1731 fax: 954928-1649 a kvik March 28,2008 Q®A v �1��� Ms.Corinne Lajoie Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 Subject: Public Works and Public Services Administration Building City Project No. 10 Plans for Landscape Variance Application Dear Ms. Lajoie: Per our phone conversations, enclosed please find ten(10)11x17 copies,one set signed and sealed,of the plans to be submitted with the landscape variance application for the subject project. The sheets provided include a cover with project title, a site plan (sheet C-0),all landscaping sheets and a building elevation(sheet A-5). We appreciate the opportunity to provide the City with engineering services and are looking forward to working with the City in the future. If you have any questions or concerns,please do not hesitate to contact me at(954) 776-1731. Very truly yours, Ruth E. Burney Project Engineer Camp Dresser&McKee REB/mcm Enclosure c: Dominic Orlando File: 28037-60233-010.DN Mm0493 consulting-engineering-construction-operations City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ni r� ❑ Plat � i ❑ Plat Delegation Request tss� ❑ Rezoning Date Redd: Zk a 0� ❑ Site Plan APR 0 2 2008 A ❑ Special Exception Petition No.: VA- �q-0 8C7 ❑ Traff sway Waiver i Variance ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the ❑Ws Building Department. Location Address: 1201 JT%('1 iV)0 F" . Lot(s): - Block: Subdivision: Recorded Plat Name: Folio Number(s): 12n 4 0 b 00f 0 Legal Description: See o-4+et cti e d Applican nsultant/Legal Representative(drde one) Address of Applicant: 1 .r I Business TelephoneAl;ah2�-3'hi Home: Fax: Q 23 -ll a 9 Name of Property Owner: 0 A A! 7� ]_&L, t vi CL d', Address of Property Owner: 10 0 V . 'DQ vxI S R?aC 41 9 Wd . Business Telephone-(4%,A giA-b8ci) Home: — Fax: Explanation of Request: '�rr`%GiVI c2 ft.ea 0,e+�a Prrnr'df- is fS in kY� VE'�tiG�IC.r use �tr'ecl For Plats pkvse prov/de proposed Plat Name°for Vaifances please attach O ter:fa Jgtat+enuW as per Amide iamofChapter28,Zoning Cade. Prop. Net Acreage: q f 10 Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? I understand that site plan and variance approval automatically expires within 12 onths of City mmi�ion approval, pursuant to Ordinance No. 2005-W. Applic Tb�-l�/u/c F ant/O ner signature Print Name Da APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscribed before me Applicant/Cmsultant/Representative: This `1_- day of 200$ ` 10 Signature: I,, r Date: �1 / 2 0 O VO Sign Name of ry Public (Print Name) State of(Flor:dw ) Ch EASY] . Print NamNotary Street Address, City, State and Zip Code Commis oM b qZy-: '140 C4Su) ct23- 1101 Seal: ANCPSFLORENTINE Telephone No. &Fax No. ISSION✓M DD532077ES:bLr.73,2070 Notny SeMoa.arn INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires., Seal: Telephone No. &Fax No. F�7ey,�j GrR 0 ? 7000 Variance request to provide 15 trees in the vehicular use area Chapter 26, Vegetation Sec. 26-4& Interior landscaping for all vehicular use areas. An e9 area, or combinations of areas, equal to twenty (20) percent of the total vehicular use area exclusive of perimeter landscape buffers required under section 26-47(b) and (c) and section 26- 50 through section 26-51 of this article shall be devoted to interior vehicular use area landscaping. There shall be no more than twelve (12)parking stalls along the same parking aisle without a five-foot-wide by fifteen-foot-long intermediate landscape peninsula. Terminal landscape peninsulas shall be ten(10) feet wide and as long as the required length of the parking stall in that isle. All other interior vehicular landscape areas shall be a minimum of five (5) feet wide and one hundred (100) square feet in area. Each intermediate and terminal landscaped peninsula shall have a minimum of two (2)trees. There shall be no less than one(1)tree for each two hundred (200) square feet or fraction thereof of the remainder interior vehicular use landscape area. In no case shall a parking stall be further than sixty-five (65) feet from a tree, measured from the tree trunk. All landscape areas within the vehicular use area or abutting landscape areas shall be protected from vehicular encroachment through appropriate wheel stops or curbs. Wheel stops shall be located a minimum of two (2) feet from the required landscape area. (A total of 42 trees are required). The City is proposing to place the remaining 27 trees on the east side of the property under the FPL transmission lines,however according to FPL standards,the height and species of the trees must be no higher than_20_feet and be a "flowering"species. Criteria Statement (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; Due to the proposed configuration of the building,the applicant is unable to locate all of the trees in the required area. (b) That the special conditions and circumstances do not result from the actions of the applicant; The proposed building is on an existing Public Services site with existing buildings and asphalt areas. (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; No. The applicant is proposing to locate landscaping on an alternative area on the site. (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 unnecessary and undue hardship on the applicant; n/a (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land,building or structure; yes (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. The applicant is making every effort to locate landscaping in an area that is available and visible by the community. VA-28-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, April 22, 2008 at 7:00 a.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: VA-28-08 — The City of Dania Beach is requesting a variance to reduce the required interior landscape area and to reduce the number of trees provided on site for the new public services complex located at 1201 Stirling Road as follows: 1) Proposal for 7% of the vehicle use area to be landscaped (Chapter 26, "Vegetation", Section 26-48, "Interior landscaping for all vehicular use areas" requires 20% of the vehicle use area to be landscaped.) 2) Proposal to provide 18 trees in the vehicle use area and provide 9 additional trees along the west property line, resulting in a shortage of 15 trees (Chapter 26, "Vegetation", Section 26- 48, "Interior landscaping for all vehicular use areas" requires 1 tree for each 200 square feet of interior vehicle use area,which equals 42 trees). Property is legally described as: Property ID# 5142004000010—the East '/z of the NE '/4 of the NE '/4 of the NE '/4 less south 66 of the North 198 of the SE '/4 of the NE '/4 of the NE '/4 of the NE '/4 less roads and the East 50 of the West % of the NE '/4 of the NE '/4 of the NE '/4; along with Property ID#514204000052—Commencing at the NE comer of the SE '/4 of the NE '/4 of the NE '/4 of the NE 1/4, SLY 132 to the Point of Beginning, continue SLY 66, WLY 330, NLY 66, ELY 330 to Point of Beginning less East 35 Thereof for Road Right of Way. Copies of the proposed request are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday — Friday; please call (954) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at a 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 based. Lou Ann Cunningham Planning Associate Mailed: Friday, April 11, 2008 See Reverse side of this notice for a location map of the site T Cp N O :V c6 C CD O N m N LL I L N > >. 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