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MINUTES
" DANIA CITY COMMISSION
ja REGULAR MEETING
JULY9, 1996
CALL TO ORDER BY MAYOR BERT/NO AT 7.30 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
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k4 * Reverend David Blood, Dania United Methodist Church
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ROLL CALL
A fit. y1
t Present: `F.
Mayor: John Bertino },
Vice Mayor: Bobbie Grace i
Commissioners: Bill Hyde
Albert Jones
r
Bob Mikes
City Manager: Mike Smith ">
� y Asst. City Attorney: Tim Ryan
t' City Clerk: Marie Jabalee
PRESENTATIONS- none
p Commissioner Jones pulled item 1.3 from the Consent Agenda. axe
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,k 1. CONSENTAGENDA
Minutes
Resolutions
# v 1.1 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL
' AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA AND BROWARD COUNTY
CONCERNING THE UNIFORM COLLECTION AND ENFORCEMENT OF NON-AD
VALOREM ASSESSMENTS; AND AUTHORIZING THE APPROPRIATE CITY
t ' OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN
i EFFECTIVE DATE."
1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY TO
r CONTRACT WITH MATVEST, INC., D/B/A BERMEX, INC., FOR WATER METER
> READING SERVICES; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
r fit RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF ,
ty„ SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE."
REGULAR MEETING
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.�a;��'� ✓,�.7�'� I DULY 9 1996
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Ordinance
1.4 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING LEASE
RENEWAL AGREEMENT FOR A PORTION OF WEST DANIA BEACH BOULEVARD
ADJACENT TO LOT 7 OF THE TIGERTAIL GROVE SUBDIVISION, BETWEEN THE
CITY OF DANIA, FLORIDA, AND ARCADE GAMING II, INC.; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID AGREEMENT; PROVIDING
THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS AND ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE." (First
�. Reading of Ordinance)
A motion was made by Vice Mayor Grace, seconded by Commissioner
Jones to approve the Consent Agenda excluding item 1.3.
The motion passed on the following roll call: I +
Commissioner Hyde-yes Commissioner Jones-yes
Commissioner Mikes-yes Vice Mayor Grace-yes
Mayor Bertino-yes I !
ITEM PULLED FROM THE CONSENT AGENDA a
1.3 "A RESOLUTION ACCEPTING A CERTAIN QUIT CLAIM DEED FROM JACQUES A.
A GALLET AND SUZANNE M. GALLET, HIS WIFE, CONVEYING CERTAIN LANDS TO
THE CITY OF DANIA FOR PUBLIC RIGHT-OF-WAY PURPOSES TO IMPROVE SW
a FIRST STREET IN THE CITY OF DANIA; PROVIDING THAT ALL RESOLUTIONS IN
r .I, CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
5 PROVIDING FOR AN EFFECTIVE DATE."
I,
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Will Allen, Growth Management Director, explained that the resolution s
,a3 accepts a Quit Claim Deed providing a 25' right-of-way along the northern
edge of the Gallet property which abuts Southwest First Street. Currently
there is a 35' right-of-way and the additional right-of-way will allow street,
utility and drainage improvements.
A motion was made by Commissioner Jones, seconded by Commissioner
Hyde to adopt the Resolution.
I
The motion passed on the following roll call vote:
Commissioner Hyde- yes Commissioner Jones - yes
Commissioner Mikes - yes Vice Mayor Grace- yes
Mayor Bertino - yes
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,q REGULAR MEETING 2 JULY 9, 1996
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2. PROCLAMATIONS-none
3. BIDS - none
4. PUBLIC HEARINGS
Ordinances
4.1 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 6,
SUPPLEMENTARY USE REGULATIONS, OF CHAPTER 28, ZONING, OF THE CODE
OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING A NEW SECTION
6.63, SPECIAL RESIDENTIAL FACILITIES; PROVIDING DEFINITIONS OF SPECIAL
I RESIDENTIAL FACILITIES CATEGORIES; PROVIDING A PROCEDURE TO OBTAIN
A CERTIFICATE OF OCCUPANCY; DETERMINING DENSITY OF SPECIAL
RESIDENTIAL FACILITIES; SPECIFYING ZONING DISTRICTS FOR SPECIAL i
RESIDENTIAL FACILITIES; PROVIDING DEVELOPMENT STANDARDS AND tiff )
CONVERSION TO OTHER USES; 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 ?
a' PROVIDING FOR AN EFFECTIVE DATE." (First Reading of Ordinance)
j
Will Allen, Growth Management Director, explained that this is the first of
two pubic hearings which will be held on a proposed amendment to the
Zoning Code. The amendment provides definition, procedures, standards i
and requirements for Special Residential Facilities. The regulations were
prepared by the Growth Management Department and they are consistent
+ with regulations already in affect in the western portion of the City under
the Broward County Zoning Code. The amendment is needed to
1 accommodate the requests for this type of residential facility. The
Planning & Zoning Board has recommended approval . It is consistent
with the City's Comprehensive Plan. Mr. Allen advised that the facilities
must be licensed by the State of Florida and his research has shown no
It , negative impact as long as the facilities are dispersed and not clustered in
the community.
Commissioner Hyde requested clarification on whether licensing from the
State is required before approval by the City. Mr. Allen explained that the
ordinance dealing with development standards requires that the facility be
licensed by the State of Florida before receiving approval from the City.
Additional requirements were presented by Mr. Allen:
f
• The facilities are required to obtain a Certificate of Occupancy;
• The facilities must comply with the Dania Zoning Code and South
Florida Building Code;
The facility must provide the maximum number of residents being
' housed 4 .
REGEILAR MEETING g l
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The facility must submit all documentation, plans and calculations
showing that the facility standards of the State have been met;
• The facility must be licensed within 90 days and failure to show a valid
license results in revocation of the C/O.
At Commissioner Hyde's request, Assistant City Attorney Ryan agreed to
review Page 3, Section 3 of the Ordinance to include legal language
requiring a Letter of No Objection from HRS before the City issues a
Certificate of Occupancy.
4S Mayor Bertino opened the public hearing. Hearing no one speak in favor
or opposition, the Mayor closed the public hearing.
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A motion was made by Vice Mayor Grace, seconded by Commissioner
Jones to defer the ordinance to a workshop meeting. j
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The motion passed on the following M
• Al ng roll call vote: j
Commissioner Hyde- yes Commissioner Jones - yes l
Commissioner Mikes - yes Vice Mayor Grace- yes
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Mayor Bertino - yes ,
0 4.2 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA, FLORIDA;
AUTHORIZING THE IMPOSITION AND COLLECTION OF ANNUAL SOLID WASTE
SERVICE ASSESSMENTS AGAINST PROPERTY THROUGHOUT THE CITY OF
AAe DANIA; PROVIDING FOR DEFINITIONS; ESTABLISHING THE PROCEDURES FOR
s ; IMPOSING SOLID WASTE SERVICE ASSESSMENTS; PROVIDING THAT SOLID
WASTE SERVICE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED ,
,- PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE j
LIEN FOR A SOLID WASTE SERVICE ASSESSMENT COLLECTED PURSUANT TO
SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION x`
SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE
t FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE
EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY,
' t DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN
DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES AND CLAIMS;
; .
AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS; PROVIDING
PROCEDURES FOR COLLECTION OF SOLID WASTE SERVICE ASSESSMENTS;
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
?y EFFECTIVE DATE". (Second Reading of Ordinance)
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REGULAR MEETIN 4G
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t Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., explained that the
ordinances for the solid waste and fire rescue assessments are
procedural under the Home Rule authorization and that two initial
resolutions for Solid Waste and Fire Rescue Services will be heard later
k on the agenda.
Mayor Bertino opened the public hearing.
John Bruckner expressed his dissatisfaction with residents being charged
}* - another fee on top of ad valorem taxes. Fire Chief Grammer responded
to Mr. Bruckner's questions regarding the cost of transporting patients.
t ' ' Mayor Bertino clarified that the assessment fees are not being
3 implemented to cover the cost of transporting patients but rather to „
N provide revenue for the entire fire rescue budget . Mayor Bertino stated
n that residents will be receiving a decrease in ad valorem taxes. Mr. ( ,
Lawson, Nabors, Giblin & Nickerson, P.A., explained that the assessment
program will cover around 26% of the fire rescue budget and that the rest i
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of the budget will be covered by ad valorem taxes and general revenue. ! 1
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City Manager Smith expected the assessment program to be an
enhancement to the fire rescue services with the purchase of new
transport vehicles and fire combat apparatus, the renovation of the x f
existing fire station, and building of a new fire station in the Griffin area. , `?
+r' Mr. Smith estimated the loss in Minnet funds from Broward County at
$250,000.00 a year.
v Jack Chapman opposed the implementation of the assessment program
based on the high cost of operating the Fire Department and his thoughts
that the service could be provided cheaper by the County. Mark Lawsonr<
y explained that Broward County offered the cities an option of creating a
multi-jurisdictional area service and that there were a few cities who
decided to participate. The County is now charging each of those Y
properties a $27.00 charge for EMS and a $170.00 charge for fire rescue.
" The City of Dania has incorporated both fire and rescue at a $100 savings
I' to each resident. Discussion followed on the difference in the level of
service provided by the County Fire Department and the City of Dania Fire
i Department.
Hearing no further comments, the Mayor closed the public hearing.
A motion was made by Vice Mayor Grace, seconded by Commissioner
j r Jones adopt the Ordinance on second reading.
The motion passed on the following roll call vote:
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s 4+" REGULAR MEETING 6 JULY 9, 1996
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Commissioner Hyde-yes Commissioner Jones - yes
j Commissioner Mikes - yes Vice Mayor Grace- yes
Mayor Bertino - yes
8.1 and 8.2 were heard at this time.
4.4 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA,
RELATING TO LAND DEVELOPMENT REGULATION; ESTABLISHING A
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS FOR BROWARD
COUNTY CORRECTION FACILITIES FOR A PERIOD OF SIX MONTHS, DIRECTING
THE CITY ADMINISTRATION TO PREPARE PROPOSED AMENDMENTS TO THE
I CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO ZONING DISTRICTS, ! }
SITING CRITERIA AND DEVELOPMENT CONTROLS; PROVIDING FOR -i
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE." (Second
Reading of Ordinance)
� e f� t' Mayor Bertino opened the public hearing. ,j •.
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Margaret Crockston, Marina Mile, expressed appreciation for the City's ``
support in opposing the Wackenhut Work Release Facility. She
presented information on a long range plan for redevelopment of the
Marina Mile District while stating the detrimental affects that the work 4 `i
k 1 release facility would have on the marine district. h
Hearing no further comments, Mayor Bertino closed public hearing.
4
Assistant City Attorney Ryan advised that litigation is continuing in the
N' Broward County Circuit Court on whether or not the facility is a permitted
use in a B-3 zoning district. The moratorium prohibits work release a
;r programs from being permitted for a period of six months in any zoning
. district. Attorney Ryan read the Moratorium Ordinance in its entirety.
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Mayor Bertino reopened the public hearing.
I, Hugo Renda, RE Broker, opposed the work release facility being
constructed in the area due to the negative impact to the Marina Mile on
k State Road 84..
John Bruckner expressed opposition to the work release facility being built
` in Dania.
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r Hearing no further comments, Mayor Bertino closed the public hearing. t,
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Commissioner Jones expressed his desire to meet with the attorney
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n regarding representing the City in an Executive Session matter. City
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r REGULAR MEETIIVG 7 JULY 9, 1996
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F Manager Smith mentioned that another Executive Session can be
9! scheduled but that the Moratorium issue is separate from the court case
and should be enacted no matter the outcome of the court case.
A motion was made by Commissioner Jones, seconded by Vice Mayor
Grace to defer adoption of the Ordinance until the Executive Session has
been scheduled with the Commission.
The motion failed on the following roll call vote:
L fb
f Commissioner Hyde- no Commissioner Jones - yes
Commissioner Mikes - no Vice Mayor Grace- yes
Mayor Bertino - no Y 1
A motion was made by Commissioner Hyde, seconded by Commissioner
Mikes to adopt the Ordinance on second reading.
The motion to adopt the ordinance passed on the following roll call vote: i
t
Commissioner Hyde- yes Commissioner Jones - no
Commissioner Mikes - yes Vice Mayor Grace- no )
k' Mayor Bertino - yes
5. SITE PLANS - none `
F t 6. CITIZENS' COMMENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES THAT yf '
ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR .Y
' COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH)
a. MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE
a` OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED, 1
THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE
MEETING.
a #1 + ADDENDUM is"
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! 6.1 John Bruckner - Discussion regarding public participation.
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a t Mr. Bruckner urged the City Commission to provide a sign in sheet for citizens to speak
on city business at each commission meeting in an effort to promote more public
participation.
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h` r, 8.3 WAS HEARD AFTER 6.1
r 7. EXPENDITURE REQUESTS - none
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REGULAR MEETING 8 JULY 9, I996
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18. DISCUSSION AND POSSIBLE ACTION
ITEM 8.1 WAS HEARD AFTER ITEM 4.3
8.1 Initial Assessment Resolution relating to the provision of fire rescue services.
Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., mentioned that the '
s Fire Rescue Assessment Ordinance has been adopted and that the Initial
Resolution will direct the City Manager to notify each property owner of
4 ,
1P ' their financial responsibility. The notice will include a brochure with , ,
answers to some of the most frequently asked questions,
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A motion was made by Commissioner Hyde, seconded by Commissioner , � '� �' •
Jones to adopt the Initial Resolution for Fire Rescue services. _
The motion passed on the following roll call vote: ,
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f >. Commissioner Hyde- yes Commissioner Jones -yes <
,t }; Commissioner Mikes - no Vice Mayor Grace- yes
Mayor Bertino - yes I
s City Manager Smith informed the public that August 13 will be the public `
hearing date.
�
p ITEM 4.4 WAS HEARD AFTER 8.1
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u 8.2 HEARD AFTER ITEM 4.3 w$;
' 8.2 Initial Assessment Resolution relating to the collection and disposal of solid n
s waste.
Mark Lawson, Esq., Nabors, Giblin & Nickerson, P.A., advised that the
initial resolutions for fire rescue and solid waste actually implement the
assessment process and that public hearings will be published. After the
public hearings are conducted and the assessment programs are
approved, a final resolution will be adopted approving the rates and the
charges to be collected on the tax bills. The initial solid waste resolution
adopts a rate of$320.86 per year per residential dwelling unit and
residents will receive proper notice.
A motion was made by Commissioner Hyde, seconded by Vice Mayor
Grace to adopt the Initial Assessment Resolution for solid waste.
10 t ,
REGULAR MEETING 9 JULY 9, 1996
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10. ADMINISTRATIVE REPORTS
10.1 City Manager
Capital Improvements Workshop - Tuesday, July 16
" FY 96-97 Budget Workshop - Friday, July 26
Night-Out-On-Crime - Tuesday, August 6
10.2 City Attorney
Y. Assistant City Attorney Ryan mentioned his plans to attend a Florida Municipal
4 Attorneys Seminar in Jacksonville tomorrow.
11. COMMISSION COMMENTS t
11.1 Commissioner Hyde
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:= Commissioner Hyde invited everyone to attend the Dania Fire Rescue Second Annual
Fishing Tournament on Friday with the kickoff Thursday evening at Players Lounge. f '
This years tournament will benefit "The Make a Wish" program.
He mentioned his plans to be in Jacksonville on July 19 for the FIND (Florida Inland
Navigation District) grant hearing with the hope of returning with $250,000 for the City.
11.2 Commissioner Jones
s Commissioner Jones commented on the success of the Attucks Reunion held on July 5 >
! ' and his recent attendance at the Florida Public Pension Trust Association seminar.
Petruzielo, Superintendent of Schools, involving the increased growth of new students
Commissioner Jones commented on the School Board Meeting today with Dr. t 3Y
coming into Broward County.
, yri
He read a paragraph from a letter to the Harmony Village Board in Davie from President
Bill Clinton relating to the spirit of working together in a community. He commended
f DEDC and Habitat for Humanity for the work they have done to build homes in Dania.
11.3 Commissioner Mikes
,
Commissioner Mikes mentioned his intentions to suggest constructive criticism with
fellow Commissioners in regards to soliciting campaign funds. He asked that the City
Manager request copies of the appraisals from FAU regarding the Seafair deal and
mentioned his dissatisfaction with the amount of money the City received.
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REGULAR MEETING 12
JMY 9. 1996
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Commissioner Mikes mentioned the City's luck recently with not getting hit by Hurricane
Bertha and the idea of providing services in the Building Department to check people's
roofs for a minimal fee.
Commissioner Mikes notified the public that the FPL number to have trees removed
from electric lines is 342-5375.
Commissioner Mikes was disappointed that the City's buildings did not lower their flags
at half mast out of respect for the 19 servicemen who were killed in Saudi Arabia
recently.
; I11 •.
1, Commissioner Mikes requested clarification on the medical condition of City Attorney '
5 �l
Adler. City Manager Smith advised that Mr. Adler has made steady progress and
expects to be back at work next week. I
J . 11.4 Vice-Mayor Grace
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Vice Mayor Grace advised that the Dr. Martin Luther King services will be at the same ! ,
time as last year.
Vice Mayor Grace mentioned that her daughter is making progress and that she will not r{
be able to attend many functions until she recovers.
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` } 11.5 Mayor Bertino
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' Mayor Bertino was happy to report that Olsen Middle School was the only Middle
School to increase its test scores in all areas and that the students and teachers should
•h,< be commended.
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( City Manager Smith advised that Hurricane Bertha appears to be turning northward 'n '
towards South Carolina.
Mayor Bertino mentioned a dumping problem on Bryan Road that seems to be taking
place in the early hours of the morning.
7 This meeting was adjourned.
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REGULAR MEETING
13 DULY 9, 1996
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AGENDA
DANIA CITY COMMISSION 7;
REGULAR MEETING
JULY 9, 1996
7:30 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD
TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE
PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA IS
REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO, 01-93. REGISTRATION FORMS ARE AVAILABLE IN
6 THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO t t
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARIE JABALEE, CITY CLERK, 100 W.
DANIA BEACH BLVD., DANIA, FL, 33004, 921-8700 EXT. 202,AT LEAST 48 HOURS PRIOR TO THE MEETING. ° '
CALL TO ORDER a`
INVOCATION AND PLEDGE OF ALLEGIANCE a ,
* Reverend David Blood, Dania United Methodist Church
ROLL CALL u "
PRESENTATIONS
�z 1. CONSENT AGENDA
Minutes
Resolutions „
4 1.1 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING INTERLOCAL
AGREEMENT BETWEEN THE CITY OF DANIA, FLORIDA AND BROWARD COUNTY '
t CONCERNING THE UNIFORM COLLECTION AND ENFORCEMENT OF NON-AD
VALOREM ASSESSMENTS; AND AUTHORIZING THE APPROPRIATE CITYy'
f t# OFFICIALS TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN
a }' EFFECTIVE DATE."
1.2 "A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE CITY TO
jJ CONTRACT WITH MATVEST, INC., D/B/A BERMEX, INC., FOR WATER METER
READING SERVICES; 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."
1.3 "A RESOLUTION ACCEPTING A CERTAIN QUIT CLAIM DEED FROM JACQUES A.
4-1 GALLET AND SUZANNE M. GALLET, HIS WIFE, CONVEYING CERTAIN LANDS TO
THE CITY OF DANIA FOR PUBLIC RIGHT-OF-WAY PURPOSES TO IMPROVE SW
fl FIRST STREET IN THE CITY OF DANIA; PROVIDING THAT ALL RESOLUTIONS IN p
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CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
1x PROVIDING FOR AN EFFECTIVE DATE."
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PUBLIC HEARINGS (continued)
4.3 "AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING TO THE
PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE
CITY OF DANIA, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF
FIRE RESCUE ASSESSMENTS AGAINST PROPERTY THROUGHOUT THE CITY OF
DANIA; PROVIDING CERTAIN DEFINITIONS AND DEFINING THE TERM "FIRE '
RESCUE ASSESSMENT"; ESTABLISHING THE PROCEDURES FOR IMPOSING
FIRE RESCUE ASSESSMENTS; PROVIDING THAT FIRE RESCUE ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF
ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE RESCUE
ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635,
FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY
ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES;
PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY
WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES OR ,s
ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, ~; !
MORTGAGES, TITLES AND CLAIMS; AUTHORIZING THE IMPOSITION OF INTERIM
4 ASSESSMENTS; PROVIDING PROCEDURES FOR COLLECTION OF FIRE RESCUE
ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF
'i SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE". (Second Reading ;
of Ordinance) >>
4.4 "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, °1
RELATING TO LAND DEVELOPMENT REGULATION; ESTABLISHING A
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS FOR BROWARD '
COUNTY CORRECTION FACILITIES FOR A PERIOD OF SIX MONTHS, DIRECTING r
THE CITY ADMINISTRATION TO PREPARE PROPOSED AMENDMENTS TO THE wr
' CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO ZONING DISTRICTS,
SITING CRITERIA AND DEVELOPMENT CONTROLS; PROVIDING FOR K
SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE." (Second
r
Reading of Ordinance)
t` 5. SITE PLANS - none
} 6. CITIZENS' COMMENTS - COMMENTS BY DANIA CITIZENS OR INTERESTED PARTIES THAT
,'- ARE NOT A PART OF THE REGULAR AGENDA SHOULD BE GIVEN IN WRITING OR u
COMMUNICATED VERBALLY PRIOR TO 4:00 P.M. THE SECOND (2ND) AND FOURTH (4TH)
h MONDAY OF EACH MONTH. COMMENTS OF ANY NATURE WILL BE RESPONDED TO BY THE
' OFFICE OF THE CITY MANAGER. IN THE EVENT THAT THE CONCERN REMAINS UNRESOLVED,
THE CITIZEN(S) OR PARTY WILL BE ASKED TO ADDRESS THE CITY COMMISSION DURING THE
,• MEETING.
7. EXPENDITURE REQUESTS - none
8. DISCUSSION AND POSSIBLE ACTION
8.1 Initial Assessment Resolution relating to the provision of fire rescue services.
4 8.2 Initial Assessment Resolution relating to the collection and disposal of solid
waste.
+rL 8.3 Option Agreement for the purchase of Banyan Bay property located at 4491
Ravenswood Road.
8.4 Status Report on proposed homeless site in Dania.
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9. APPOINTMENTS aR '
<t r 9.1 Appointment of three members to the Airport Advisory Board.
9.2 One citizen appointment by City Commission and 3 citizen nominations from City
Commission for employees to vote for one member to the Civil Service Board.
`> 9.3 Appointment of two alternates to the Code Enforcement Board.
9.4 Appointment of three members to the Community Affairs Advisory Board
9.5 Mayor appointment of one member to the Dania Housing Authority.
9.6 Appointment of one member to the Dania Economic Development and
Downtown Redevelopment Board. f
9.7 Appointment of two members to the Human Relations Board.
9.8 Appointment of one member to the Parks & Recreation Advisory Board.
` srts 9.9 Appointment of three members to the Unsafe Structures Board.
10. ADMINISTRATIVE REPORTS
10.1 City Manager
* Capital Improvements Workshop -Tuesday, July 16
* FY 96-97 Budget Workshop Friday, July 26
* Night-Out-On-Crime - Tuesday, August 6
10.2 City Attorney a, w` a
11. COMMISSION COMMENTS SA t
11.1 COmmISSl0ner Hyde
ttiti? 11.2 Commissioner Jonesr f},
,r 11.3 Commissioner Mikes y, w �
n " 11.4 Vice-Mayor Grace
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,'xl•� �; � 11.5 Mayor Bertino
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9. APPOINTMENTS
9.1 Appointment of three members to the Airport Advisory Board.
9.2 One citizen appointment by City Commission and 3 citizen nominations from City
Commission for employees to vote for one member to the Civil Service Board.
9.3 Appointment of two alternates to the Code Enforcement Board.
9.4 Appointment of three members to the Community Affairs Advisory Board
9.5 Mayor appointment of one member to the Dania Housing Authority.
9.6 Appointment of one member to the Dania Economic Development and
Downtown Redevelopment Board.
9.7 Appointment of two members to the Human Relations Board.
9.8 Appointment of one member to the Parks & Recreation Advisory Board.
h 9.9 Appointment of three members to the Unsafe Structures Board.
10. ADMINISTRATIVE REPORTS
10.1 City Manager
* Capital Improvements Workshop - Tuesday, July 16
* FY 96-97 Budget Workshop - Friday, July 26 '
* Night-Out-On-Crime - Tuesday, August 6 ,
10.2 City Attorney
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11. COMMISSION COMMENTS
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_+ 11.1 Commissioner Hyde rttA` at'
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11.2 Commissioner Jones
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11.3 Commissioner Mikes ,.
11.4 Vice-Mayor Grace
11.5 Mayor Bertino
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ADDENDUM
DANIA CITY COMMISSION
REGULAR MEETING
JULY 9, 1996
as
" 6. CITIZENS' COMMENTS:
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s 6.1 John Bruckner- Discussion regarding public participation.
8. DISCUSSION AND POSSIBLE ACTION
a. 8.5 Public Safety at Neptune Fireworks (Commissioner Mikes)
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CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
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TO: Michael Smith
City Manager
x FROM: Will Allen
t r Growth Management Director
FOR THE PURPOSE
RE: RESOLUTION ACCEPTING A QUIT CLAIM DEED
1 - .
OF IMPROVING SW 1ST STREET '
Date: July 3, 1996
Please place an item on the July 9, 1996 City Commission meeting concerning a ° a !• i
resolution accepting a quit claim deed for land which will be used for right-of-way
a purposes to improve SW 1st Street. The property in question abuts the Stirling u
Industrial Plat which is north of Stirling Road on the east side of SW 12 Avenue. A
request will be forthcoming to develop this plat but access is not available to the site as
f � r .
the adjoining property has not been platted so right-of-way has not been dedicated.
This action allows SW 1 Street to be developed and thus makes development of the
Stirling Industrial Plat-possible. Z
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CITY OF DANIA
INTEROFFICE MEMORANDUM
GROWTH MANAGEMENT DEPARTMENT
TO: Michael Smith
City Manager
FROM: Will Allen �99 1n
Growth Management Director
i RE: ZT-14-96 - PROPOSED ZONING TEXT CHANGE REGARDING
SPECIAL RESIDENTIAL FACILITIES .
� .' Date: July 1, 1996
4 ,
Please place an item under public hearings for the July 9, 1996 and July 23, 1996 City
Commission meetings concerning the attached amendment to the text of the Dania
Zoning Code. The amendment provides the ability to locate "special residential
facilities" within various zoning districts. The proposed regulations define the categories
of special residential facilities, provide procedures for opening such a facility, explain
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density requirements, list the districts where such uses are permitted and provides ! '`
standards for such a development. These regulations were prepared by my office. The
ti f 44,
Y Planning and Zoning Board reviewed the proposed text amendment at their June 19, ;
i r z, 1996 meeting and recommended approval.
There are several reasons this amendment is being proposed at this time. First of all, 7 "
there are requests to locate such facilities within Dania. It is not an uncommon request
A " so we need to deal with this issue. There are already units within the community which
x, have been operating for some time. It should be noted that the Broward County Zoning
Code which is enforced west of Ravenswood Road by the City of Dania already allows
s ; such uses. In addition, this issue was discussed at a recent American Planning 1
Association conference I attended and information learned there helped in preparation 1
of an ordinance.
I ' s The term special residential facility is also known as community residences, group
homes, adult congregate living facilities, etc. Such facilities typically have unrelated
persons who live together in the community much like a family as opposed to being
institutionalized. As stated in the City of Dania Comprehensive Plan, special residential
facilities should be integrated into residential neighborhoods and in some instances, in
commercial or community facility areas. The Comprehensive Plan indicates that all
such facilities must be licensed by the State of Florida. All research indicates that there
7 are no negative impacts (crime, property value, fire safety, parking) so long as the
facilities are licensed and are not clustered.
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M1 —
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE 6,
SUPPLEMENTARY USE REGULATIONS, OF CHAPTER 28, ZONING, OF THE
CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY ADDING A
NEW SECTION 6.63, SPECIAL RESIDENTIAL FACILITIES; PROVIDING
DEFINITIONS OF SPECIAL RESIDENTIAL FACILITIES CATEGORIES;
PROVIDING A PROCEDURE TO OBTAIN A CERTIFICATE OF OCCUPANCY;
DETERMINING DENSITY OF SPECIAL RESIDENTIAL FACILITIES;
SPECIFYING ZONING DISTRICTS FOR SPECIAL RESIDENTIAL FACILITIES;
PROVIDING DEVELOPMENT STANDARDS AND CONVERSION TO OTHER
USES; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES
i AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
. : HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE. 1 ,t
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA:
Section 1. That Article 6 of Chapter 28, Zoning, of the code of ordinances of the City of
Dania entitled "Supplementary Use Regulations," be and the same is hereby amended by adding
Section 6.63, "Special Residential Facilities," which shall read as follows: Yk i
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l : ARTICLE 6 SECTION 6.63 - SPECIAL RESIDENTIAL FACILITIES t
(a) Purpose:
It is the intent of these regulations regarding the establishment of special residential facilities
L, #' to further the State of Florida policy and the City of Dania Comprehensive Plan goal to provide
for establishment of special residential facilities congregate living facilities.
(b) Definitions of special residential facilities categories:
I J
i (1) Special residential facility, Category 1 - Category (1) means a housing facility which is
licensed by the State Florida for no more than eight (8) individuals who require treatment,
care, rehabilitation or education. The facility is commonly referred to as a group home. This
includes individuals who are elderly, dependent children, physically disabled, developmentally
disabled or individuals not overtly of harm to themselves or others. The facility provides a
t family living environment including supervision and care necessary to meet the physical,
;• emotional and social needs of the individuals. It may or may not provide education or training.
It does not include a facility in which residents' liberties are restricted, such as jails, prisons,
• reformatories and asylums. There may be more than one kitchen within the housing facility.
There may be more than one special residential facility Category (1) development on a parcel.
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(2) Special residential facility, Category 2 - Category (2) means a housing facility which is
licensed by the State of Florida for nine (9) to sixteen (16) non-elderly individuals who require
treatment, care, rehabilitation or education. This includes individuals who are dependent
children, physically disabled, developmentally disabled or individuals not overtly of harm to
themselves or others. The facility provides a family living environment including supervision
and care necessary to meet the physical, emotional and social needs of the individuals. It
may or may not provide education or training. It does not include a facility in which residents'
liberties are restricted, such as jails, prisons, reformatories and asylums. There may be more
than one kitchen within the housing facility. There may be more than one Special Facility
Category (2) development on a parcel.
(3) Special residential facility, Category 3 - Category (3) means any housing facility
licensed by the State of Florida for more than sixteen (16) non-elderly individuals who require
treatment, care, rehabilitation or education. This includes individuals who are dependent
children, physically disabled, developmentally disabled or individuals not overtly of harm to i
themselves or others;
Any housing facility licensed by the State of Florida for more than eight (8) unrelated elderly
individuals;
Governmentally subsidized housing facilities entirely devoted to care of the elderly, dependent
children, the physically handicapped, developmentally disabled or individuals not overtly of i
harm to themselves or others;
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Any non-for-profit housing facility for unrelated elderly individuals;
Any housing facility which provides a life-care environment. A life-care environment shall r
include, but is not limited to, creation of a life estate in the facility itself and provision of off-site
or on-site medical care.
It does not include a facility in which residents' liberties are restricted, such as jails, prisons,
' reformatories and asylums.
(c) Procedure.
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(1) An applicant wishing to establish a special residential facility must obtain a certificate of
occupancy.
(2) The applicant for the certificate of occupancy shall submit to the Growth Management
Department the following information, and any other information requested by the City of
Dania in order to determine compliance with this article:
?: (a) In cases where the facility is to be constructed, or located in a structure which will be
altered, the applicant must submit all site and building plans required to determine
compliance with the Dania Zoning Code and the South Florida Building Code, the Broward r.
r L' County Edition.
i ORDINANCE NO. #
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(b) The applicant shall provide information stating the maximum number of residents that
shall be housed in the facility and the name of the proposed facility and address of the
proposed facility.
(c) The applicant shall submit all documentation, plans and calculations necessary to show
compliance with the facility standards of the state as well as any additional standards
imposed by this article, the South Florida Building Code, the Broward County Edition and
applicable fire codes.
(3) Upon review by the Growth Management Department of the documents and plans
submitted, a letter shall be provided which states:
(a) The name of the applicant.
'I
(b) The proposed name of the facility.
(c) That the special residential facility is a permitted use in the zoning district. y
(e) That based upon the documentation provided by the applicant, the special residential
facility meets the density of the City of Dania Comprehensive Plan, 1989.
(f) The maximum number of units permitted in the facility.
(4) The certificate of occupancy for an special residential facility shall be issued contingent
i upon the owner or operator presenting the Growth Management Department with a copy of a
license for the facility within 90 days. Failure to submit a copy of a valid current license, or to
maintain with the Growth Management Department a copy of a current valid license
ti facility, shall result in revocation of the certificate of occupancy, after notice to the property
owner of record for the facility. The certificate of occupancy may be reissued upon I
presentation of a copy of a valid license.
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(d) Density of special residential facilities.
$ The residential density of Special residential facilities shall be determined according to
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the following categories:
(1) Special residential facilities - Category 1:
(a) Special residential facility 1A: Where the residents of a special residential facility 1 live
together as a single housekeeping unit, they shall comprise one residential unit.
,
(b) Special residential facility 1B: Where the residents of a special residential facility 1
occupy separate dwelling units which include kitchen facilities and bathroom facilities, each
' such separate dwelling unit shall comprise one residential unit. However, the density shall
' be calculated by one-half the number of sleeping rooms, including sleeping rooms for
caretakers, if by that calculation the density would be greater.
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(2) Special residential facility- Category 2:
3 ORDINANCE NO.
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(a) Special residential facility 2A: Where the residents of a special residential facility 2 live
together as a single housekeeping unit, the number of units shall be equal to one-half the
number of sleeping rooms, including sleeping rooms for caretakers.
(b) Special residential facility 2B: Where the residents of a special residential facility 2
occupy separate dwelling units which include kitchen and bathroom facilities, each such
separate dwelling unit shall constitute one residential unit. However, the density shall be
calculated by one-half the number of sleeping rooms, including sleeping rooms for
caretakers, if by that calculation the density would be greater..
(3) Special residential facility- Category 3:
(a) Special residential facility 3A: Where the residents of a special residential facility 3 do
L not occupy separate dwelling units which include kitchen and bathroom facilities, the
number of residential units shall be equal to one-half the number of sleeping rooms, tyj
1
including sleeping rooms for caretakers. f ,
(b) Special residential facility - 313: In a residential zoning district where the residents of
special residential facility 3 occupy separate dwelling units which include kitchen and j
bathroom facilities, each such separate dwelling unit shall constitute one unit. However,
the density shall be calculated by one-half the number of sleeping rooms, including j
sleeping rooms for caretakers, if by the calculation the density would be greater. The
density of a special residential facility 3 located in a C1, C2, C3 or C4 zoning district shall i
be equal to one-half the number of sleeping rooms.
(e) Zoning districts permitting special residential facilities.
r (1) Special residential facility - Category 1: This facility is a permitted use in the following
zoning districts: RD-6000, RM, RM(1) and RM(2). In addition facilities which have five or
' >^ fewer residents may be located in Estate 35000, RS-18000, RS-12000, RS-8000, and RS-
+;, cr 6000 zoning districts.
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(2) Special residential facility - Category 2: This facility is permitted in the following
residential zoning districts: RD-6000, RM, RM(1) and RM(2).
(3) Special residential facility - Category 3: This facility is permitted in the following
sr residential zoning districts: RM, RM(1) and RM(2). A special residential facility category 3 is
also permitted in the RS-6000 and RD-6000 district so long as the facility is operated in
I . conjunction with an abutting Nursing home to facilitate a continuum of care for residents. This
type of facility is also permitted in C-1, C-2, C-3 and C-4 zoning districts subject to the
allocation of reserve units or flexibility units in accordance with the method provided by the
' Broward County Land Use Plan, 1977, as amended, regarding special residential facilities
category 3. {
(f) Development standards.
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} ORDINANCE NO.
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(1) Licensing: All special residential facilities must be licensed by the State of Florida or
exempt from licensing requirements under chapter 400 of the Florida Statutes. All facilities
must at a minimum meet all applicable State of Florida laws and regulations regarding that
facility.
(2) District Regulations: In addition to the requirements imposed by this article, all special
residential facilities must meet the district regulations for the number of units per acre, size of
Plot, plot coverage, yards, open space, height, setback and minimum floor area set out in the
Zoning Code sections governing the district in which the facility is located.
(3) Dispersal. No special residential facility shall be located within 1,500 feet of any other
special residential facility. This distance requirement shall be measured and computed by
k following a straight line from the nearest property line of the proposed facility to the nearest
property line of an existing facility. Special residential facilities which are in existence on the effective date of this ordinance, which have been licensed by the state and which are j {presently located within 1,500 feet of another special residential facility, shall be considered 'i nonconforming ,
provided they were permitted by this ordinance at the time they were
established. Where an approved site plan for a special residential facility complex consists of
a number of buildings it shall not be necessary for the individual buildings t dispersal requirements, o meet this
f
(4) Signs: Special residential facilities shall be subject to the sign regulations for residential
structures within the zoning district in which the facility is located.
s (5) Design standards: In residential zoning districts, a facility which is to be constructed, or
an existing building or buildings which are altered to accommodate a special residential facility,
must be designed in a manner which will resemble the types of residential structures permitted
in the zoning district.
(6) Number of persons per sleeping room: The maximum number of persons per sleeping
room shall be determined in accordance with the space requirements of the state. However, 'in no circumstance may the number of persons per sleeping room exceed four.
(7) Accessory uses: Along with the accessory uses permitted in the zoning district for a
residential structure, the following additional accessory uses are permitted in special
residential facilities: common dining rooms, central kitchens, nursing stations, examining
i + rooms, chapels, prayer rooms, libraries and offices used for the administration of the facility.
# These uses shall be operated exclusively to provide service to the residents and their guests.
(8) Parking:
(a) Special residential facilities shall provide a minimum of 0.4 of a space per resident. Any
fractional portion of a space shall be equivalent to an additional space. The spaces may
be tandem for Category 1 facilities.
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(g)Conversion to other uses
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ORDINANCE NO.
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Special residential facilities which are converted to other uses, including other residential uses, I
must comply with all district regulations for the new use at the time of conversion.
3 Section 2. That except as herein amended, all other provisions of said Article 6 of Chapter
lc
28 of the Code of Ordinances of the City of Dania, Florida, shall remain in full force and effect. ti
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Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
ti fv resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict.
4 y�,
4 ' Section 4. That this ordinance shall be in force and take effect immediately upon its final
passage and adoption. ' '
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PASSED and ADOPTED on First Reading on the day of 1996.
PASSED and ADOPTED on Second and Final Reading on the day of
!
1996. r,
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John M. Bertino - Mayor Commissioner
ATTEST:
S y
i City Clerk - Auditor
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By: ,
TIMOTHY RYAN, Acting City Attorney 4
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ORDINANCE NO.
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research the required fire protection systems for existing homes that want to convert to
i special residential facilities, to ensure that they have the required fire safety devices.
Mr. Allen agreed to discuss this matter with the Building Official and Fire Marshal.
r '
At this time the item was opened to the public for comment. Hearing none and
seeing none Vice Chairman Lohmann closed the public hearing. Motion made n
1 by Anthony Stevens to recommend approval with the stipulation that the matter
of fire safety device requirements are researched, seconded by Victor Lohmann.
Motion passed on the following roll call:
k x John Etling yes Victor Lohmann - yes
r Anthony Stevens - yes s1
3. VA-15-96 - The request of Maxnet Communications Systems, Inc. for variances to }
construct a wall sign at 255 E. Dania Beach Blvd. The variances are requested from I
the requirements of Section 3-39, Downtown Dania Redevelopment District sign
regulations as follows
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t a. The request for a variance from the area allowed for a wall sign as allowed
,+ n' in Section 3-39(b)(2)b.1. The request is for a wall sign of 124.5 sq. ft. and `
the area permitted is 40 sq. ft. zr
b. The request for a variance for the height of wording or letters as allowed in !
Section 3-39(b)(2)c. The height of wording shall not exceed 24 inches in "
�) height per this section. The request is for letters with a height of 42 inches.
c. The request for a variance for the location of the sign as allowed in Section
r
3-39(b)(2)e. This section indicates wall signs shall be located only betweenz, ,
' I the first floor and the second floor window. The proposed sign is located
between the area of the roof line and the second story windows. "
Property is legally described as: Dania Country Club Estates Plat book 32,
` Page 23, Lots 1 through 11, 12 less W 14 Blk 1.
i Will Allen addressed the board concerning this item. Mr. Allen noted for the
board that section 3-30 of Article 3 of the city code, which is under the heading of
advertising, indicates that variances from the sign code are reviewed in the same
manner as zoning variances. Mr. Allen described the 3 variance requests
petitioner before the board this evening being the overall area of the sign, the
size of the lettering and the location of the lettering on the wall. Mr. Allen
distributed photographs for the boards review and gave a brief description of
each. Mr. Allen described the previous use as the Citibank building, which is still
occupying the eastern portion of the building. Mr. Allen described the letters as
being 42" individual letters for "MAXNET' and "Communication Systems" would
Minutes 3 r
Planning & Zoning Board
r June 19, 1996 4nx s 14
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activity center and agricultural.
Uses permitted in areas designated utilities
are as follows:
Utilities such as water and wastewater
treatment plants , pumping stations ,
electrical power plants and substations ,
solid waste disposal and transfer
stations.
Other uses determined to be ancillary to
the primary uses described in
The following uses may also be permitted in
the areas designated utilities as long as the
r; location of these uses does not preclude or �^
z adversely affect the future use of the
7a surrounding areas for utility facilities:
Recreation and open space uses i
f Non-residential agricultural uses
4.
® Communication facilities j
p� r
3, k. Communication Facilities
g . A Communication facilities such as television
and radio stations and relay structures and
telephone facilities are not specifically =4
designated on the Future Land Use Plan Map as ,
a separate category. Such facilities may be ,
permitted in areas designated under the "
{ � following categories:
;+ Residential tr "
{ Commercial
a P, Industrial
Office Park
i
Employment Center
M. Special Residential Facilit_.ies
__
The Broward County Land Use Plan defines
# categories of Special Residential Facilities ,
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in accordance with Broward County Ordinance
85-92 , for the purpose of determining
Permitted locations and density standards.
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Special Residential Facilities development
such as group homes and foster care
facilities are defined by category type below
and are subject when applicable, to the
Special Residential Facilities provisions and allocation of reserve, flexibility, or bonus
sleeping rooms. Dania may permit a maximum
� 511. of one hundred (100) "bonus " sleeping rooms
consistent with Broward County Ordinance
85-92 , that are permanently dedicated to
Special Residential use without allocating "
density,
Special residential facilities are not
specifically designated on the Future Land
USe Plan Map as a separate land use category.
Special residential facilities are permitted ;: i
within limitations as stated in the Permitted !
Uses section of this plan in the following
` land use categories:
Residential s
r
Commercial
Office Park
w Community Facilities
Broward County does not encourage local
governments to locate special residential
facilities in commercial, office
park or
f community facilities
areas. Special
residential facilities should be integrated
into residential neighborhoods. However, due
! to the need to locate special residential
facilities , the Broward County Land Use Plan
recognizes that, in some instances , local
governments may have need to allocate special
residential facilities in these areas.
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Definitions of Special Residential Facilities
Categories:
Category (1) means a housing facility which is
licensed by the State of Florida for no more than
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1 � eight (8 ) individuals who require treatment, care,
rehabilitation or education. The facility is
usually referred to as a group home. This
includes individuals who are elderly, dependent
children, physically disabled, developmentally
disabled or individuals not overtly of harm to
themselves or others. The facility provides a
family living environment including supervision
and care necessary to meet the physical, emotional
and social needs of the individuals. It may or
may not provide education or training. There may
r, be more than one kitchen vithin the housing
facility. There may be more than one Special
` y Residential Facility Category Cate or 4'
parcel. ly
(1) development on a
Category (2 ) means a housing facility which is
licensed by the State of Florida for nine (9) to
• � I
sixteen ( 16) non-elderly individuals who require
treatment, care, rehabilitation or education. S
This includes individuals who are dependent ?
children, physically disabled, develo
pmentally p
? disabled or individua@s not overtly of harm to
themselves or others. The facility provides a )
A family living environment including supervision 1
and care necessary to meet the physical, emotional
and social needs of the individuals. It may or _
+ iV; may not provide education or training. There may
be more than one kitchen within the housing
facility. There may be more than one Special
Facility Category (2) development on a parcel.
Category (3) means:
ti
Any housing facility licensed by the State of
Florida for more than sixteen (16)
non-elderly individuals who require �};I
treatment, care, rehabilitation or education.
This includes individuals vho are dependent
` children, physically disabled,
developmentally disabled or individuals not
overtly of harm to themselves or others ;
Any housing facility licensed by the State of
Florida for more than eight (8) unrelated
elderly individuals;
Governmentally subsidized housing facilities
entirely devoted to care of the elderly,
dependent children, the physically
JL 30
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Identify by 1990 two (2) sites for low and moderate income
housing.
' Policy 4. 1 - Identify infill sites with infrastructure in
Place.
Policy 4. 2 - Surplus public land for housing sites shall be
inventoried.
Policy 4. 3 - Development of incentives such as: reduced
building fees , and "fast track" permitting shall be
k+a identified.
" Policy 4. 4 - Pursue federal/state funding sources. ?a
Lx l �
5
l
Ob3ective V
Group homes or foster care facilities licensed by Florida
y+: 4y "
HRS and shall be permitted in specified residential
r ,.
categories of the Dania Comprehensive Plan.
4
Policy 5. 1 - The Dania Comprehensive Plan and Amendmentsu ,
t thereto will be reviewed to ensure that group homes and °
foster care facilities are permitted in specific residential
} ,
f categories. e ,
Policy 5. 2 - coordinate Broward County to identify
+ e w A
sites on a regional basis. '
Policy 5. 3 - Group homes . foster care facilities and housing Fk,,
S4r of special needs shall be permitted in all specific rar,
residential categories.
z ' x
Objective VI
iContinue the conservation, rehabilitation and demolition of
housing, and the identification of historically significant
housing.
Policy 6. 1 - Housing should be rehabilitated in lieu of
" demolition where permissable under CDBG guidelines.
Ir
Policy 6. 2 - Continue to implement housing conservation
4` measures through code enforcement.
1 ,
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Objective VII
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£ §39.390 BROWARD COUNTY ZONING CODE
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ARTICLE XXIV.ADULT CONGREGATE
LIVING FACILITIES Y
Sec. 39.390. Intent.
Ny 1f h
It is the intent of these regulations regarding the establish.
ment of adult congregate living facilities to further the State of ANY t
Florida policy and Broward County Land Use Plan, 1977, as
amended, goal of providing for the establishment of adult con- 4 i'
` gregate living facilities. (Ord. No. 86-27, § 2, 6-24.86) + '
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f e Ya ZONING 4 39.391
Ik �
ESec. 39-391. Procedure.
(1) An applicant wishing to establish an adult congregate liv. '
F ing facility must obtain a certificate of occupancy. fx l
(2) The applicant for the certificate of occupancy shall submit
to the building and zoning enforcement division the following
information, and any other information requested by Broward .
County in order to determine compliance with this article: tl�
(a) In cases where the facility is to be constructed, or located
in a structure which will be altered, the applicant must
submit all site and building plans required to determine
j compliance with the Broward County Zoning Code and the
South Florida Building Code, the Broward County Edition.
(b) The applicant shall provide information stating the max-
imum number of residents that shall be housed in the t r
facility and the name of the proposed facility and address ;
of the proposed facility.
(c) The applicant shall submit all documentation, plans and `; s
*' calculations necessary to show compliance with the facil. l
ity standards of the state as well as any additional stand-
ards imposed by this article, the South Florida Building '
y f a Code, the Broward County Edition and applicable fire codes. ,<
t'K{ (3) Upon review by the building and zoning enforcement divi-
sion and the office of planning, of the documents and plans sub- ter+
mitted, the building and zoning division shall provide a letter to
° the applicant in a format to be prescribed by the director of the
(?" office of planning which states:
(a) The name of the applicant.
t
(b) The proposed name of the facility.
(c) The street address of the facility.
(d) That the adult congregate living facility is a permitted use
in the zoning district.
t + (e) That based upon the documentation provided by the appli-
cant,the adult congregate living facility meets the density
of the Broward County Land Use Plan, 1977, as amended,
9upp.No. 42
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r°� ZONING 4 39.391
r Sec. 39-391. Procedure.
(1) An applicant wishing to establish an adult congregate liv „pt '
ing facility must obtain a certificate of occupancy.
ra t3
(2) The applicant for the certificate of occupancy shall submit
to the building and zoning enforcement division the following , ,a
information, and any other information requested by Broward tar
County in order to determine compliance with this article: U
(a) In cases where the facility is to be constructed, or located
f� in a structure which will be altered, the applicant must
submit all site and building plans required to determine
5 compliance with the Broward County Zoning Code and the
r' 's South Florida Building Code, the Broward County Edition. 1 za t
ggl t�
(b) The applicant shall provide information stating the max. f
( imum number of residents that shall be housed in the i rf
facility and the name of the proposed facility and address "
,f .1 of the proposed facility. " yf
(c) The applicant shall submit all documentation, plans and
calculations necessary to show compliance with the facil-
ity standards of the state as well as any additional stand-
ards imposed by this article, the South Florida Building '
i f Code, the Broward County Edition and applicable fire codes. =^ ,
N s , (3) Upon review by the building and zoning enforcement divi-
sion and the office of planning, of the documents and plans sub-
mitted, the building and zoning division shall provide a letter to +
`>;, the applicant in a format to be prescribed by the director of the
office of planning which states:
4
(a) The name of the applicant.
/
(b) The proposed name of the facility.
(c) The street address of the facility.
(d) That the adult congregate living facility is a permitted use
in the zoning district.
(e) That based upon the documentation provided b the appli-
cant, P P Y
a the adult congregate living facility meets the density
' of the Broward County Land Use Plan, 1977, as amended, r
3`IZRItf t , 9upp.No. 42
962.3
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§39.391 BROWARD COUNTY ZONING CODE
1°>s,
and the Unincorporated Area Land Use Plan, 1979, as
amended. ; ,*-a
V'IV"
' (f) The maximum number of units permitted in the adult
congregate living facility. IN
u (4) Prior to issuance of a building permit, the applicant shall F ,
comply with all applicable provisions of chapter 5 of the Broward i
° County Code of Ordinances which contains the Broward County
Land Development Code. z'
�. (5) The certificate of occupancy for an adult congregate living 1 `srr
facility shall be issued contingent upon the owner or operator
presenting the building and zoning enforcement division with a
copy of a license for the facility within 90 days. Failure to submit
,w a copy of a valid current license, or to maintain with the building r,l�
3 and zoning enforcement division a copy of a current valid license
for the facility shall result in revocation of the certificate of
t; occupancy, after notice to the property owner of record for the f
h1 facility. The certificate of occupancy may be reissued upon pre- - 4
sentation of a copy of a valid license. (Ord. No. 86-27, 5 2,6-24.86) 'r
s a y
Sec. 39-392. Density of the adult congregate living facilities. y
filfC
i� The residential density of adult con
Y congregate living Facilities I?h„
! 1,1 shall be determined according to the following categories: 1 d
!r
+ (1) Adult congregate lining facility I:
a {°
(a) Adult congregate lining Facility 1A: Where the residents
of an adult congregate living facility I live together as
x s: a single housekeeping unit, they shall comprise one
residential unit.
s ' ; (b) Adult congregate living facility 1B: Where the residents
of an adult congregate living facility I occupy separate
F "1 dwelling units which include kitchen facilities and
bathroom facilities, each such separate dwelling unit
w 'E shall comprise one residential unit. However, the den-
sity shall be calculated by one-half the number of sleep-
ing rooms, including sleeping rooms for caretakers, if
by that calculation the density would be greater.
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962.4
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ZONING 0 39.393
(2) Adult congregate living
gracility II.•
(a) Adult congregate living facility IIA: Where the resi- (r>=nt
dents of an adult congregate living facility II live to- '`s?
t gether as a single housekeeping unit, the number of rr ,
units shall be equal to one-half the number of sleeping 4 y
rooms, including sleeping rooms for caretakers. t
"r (b) Adult congregate living
facility JIB: Where the resi-
dents of an adult congregate living facility II occupy ,. ,
separate dwelling units which include kitchen and
bathroom facilities, each such separate dwelling unit { ){Y
shall constitute one residential unit. However, the den- x
sity shall be calculated by one-half the number of sleep- n k ing rooms, including sleeping rooms for caretakers, if
by that calculation the density would be greater.
'� trryrl
(3) Adult congregate living facility Ill.
(a) Adult congregate living facility IIIA: Where the residents of an adult congregate living facility III do not 1
occupy separate dwelling units (as defined in section °`{
39-128)which include kitchen and bathroom rtt facilities, ar the number of residential units shall be equal to one
half the number of sleeping rooms, including sleeping
rooms for caretakers.
( r (b) Adult congregate living facility 111B. In a residential
zoning district where the residents of an adult congre- � x n
gate living facility III occupy separate dwelling units
t which include kitchen and bathroom facilities, each
such separate dwelling unit shall constitute one unit.
However, the density shall be calculated by one-half
the number of sleeping rooms, including sleeping rooms
' for caretakers, if by the calculation the density would
be greater. The density of an adult congregate living
facility III located in a B-1, B-2 or CF zoning district >
shall be equal to one-half the number of sleeping rooms.
(Ord. No. 86.27, § 2,6-24-86)
ti Sec. 39.393. Zoning districts permitting adult congregate
J
residential facilities.
(a) Adult Congregate Living Facility IA: This facility is a per- a
y
mitted use in the following zoning districts: A-1, A-2,Supp.No.42 R-2, R-3,
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R-4, R-4A, R-413, R-5, R-6, RD-6 through RD-10, RM•6 through I RM-10, RM-11 through RM-16, RM-17 through RM-25 and PUD. ��
3 In addition facilities which have five or fewer residents may be f
located in E-1,E-2,RI-A through RI-C, R-2U, R.3U,RM-3 through
RM-5,RS-3 through RS-5 and RD-2 through g z-
gh RD-5 zonin districts. °jrra�(
(2) Adult Congregate Living Facility IB:This facility is permit- �' L
ted in R-3. R-3U, R-4, R-4A, R-4B, R. R-6, RD-6 through RD-10,
RM-6 through RM-10, RM-11 through RM-16, RM-17 through !
}s ;f
14 RM-25 and PUD zoning districts
.
(3) Adult Congregate Gluing Facility MA:This type of facility is
permitted in the following residential zoning districts: R-3, R-3U,
a s R•4, R-4A, R-4B, R-5, R-6, RD-6 through RD•10, RM•6 through N
RM-10, RM-11 through RM-16, RM•17 through RM-25 and PUD. ¢
(4) Adult Congregate Living Facility IIB:This t
ype of facility h
§ permitted in R-3, R•3U, R-4, R-4A, R-4B, R-5, R•6, RD-6 through
RD-10,RM-6 through RM•10,RM-11 through RM-16,RM-17 through
,
4 RM-25 and PUD zoning districts.
' r (5) Adult Congregate Giving Facility ILIA: This t
y is permitted in the following zoningyPe of facility
"." R-5, R-6, RM-11 through RM-16, RNI 17 through RM-5 and PUD.
This type of facility is also permitted in B-1, B-2 and CF zoning
districts subject to the allocation of reserve units in accordance
� ak "`with the method provided by the Broward County Land Use
} Plan, 1977, as amended, regarding special residential facilities
[Id. '.
(6) Adult Congregate Living Facilitv IIB: This type of facility 's per in R-4, R-4A, R.4B, R-5, R-6, RM-11 through RM•11s
RM•17 through RM-25 and PUD zoning districts. This type of
facility may also be located in a B-1, B-2 and CF zoning district
4( subject to the allocation of reserve units in accordance with the
_ method provided by the Broward County Land Use Plan, 1977,as
amended, regarding special residential facilities III. (Ord. No.
h„ 86-27, 4 2, 6.24-86)
sir Qt +
„ t Sec. 39.391. Development standards.
r Y i
` t (1) Licensing: All adult congregate living facilities must be
4 N4
'+1 + licensed by the State of Florida or exempt from licensing re.
Supp. No.42 }
962.6 5
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§39.394 BROWARD COUNTY ZONING CODE
C
x ' with the space requirements of the state. However, in no circum-
stance may the number of persons per sleeping room exceed four. ( �
�y (7) Accessory Uses: Along with the accessory uses permitted in " k°
the zoning district for a residential structure, the following addi-
tional accessory uses are permitted in adult congregate living H.`` r
facilities: common dining rooms, central kitchens, nursing sta- j.
tions, examining rooms, chapels, prayer rooms, libraries and offiall
-
ces used for the administration of the facility.These uses shall be °
operated exclusively to provide service to the residents and their , ,
r i guests.(8) Parking:
f v� �`�h
(a) Adult congregate living facilities with a IA, IIA or IIIA ¢�
A' designation shall provide a minimum of 0.4 of a space per ,
resident. Any fr ..tional portion of a space shall be equiva-
d lent to an addiG nal space. In an aduk congregate living
t;' I facilities IA, the spaces may be tandem.
(b) Adult congregate living facilities with a IB, IIB or IIIB
' designation shall provide a minimum of 1 space per dwell-
ing,•s dam.;,'- ing unit provided that in no event shall the number of
{ S spaces be less than 0.4 of a space per resident.
i
> (c) In addition to subsection Ma)and(b)above, adult congre- 5X.t
1 gate living Facilities IIA and IIIA shall provide 1 parking
$,
space for each 10 residents, and adult congregate living r �
1 facilities IIB and IIIB shall provide 1 parking space for K �A
r,+ each 10 dwelling units, for staff and visitor parking.
(d) A developer may apply for alternative parking surfaces as
provided under Section 39-223(2) if the facility is a single- rS
+ ` family or two-family dwelling,and section 39-2230 for all
ry
t � other adult congregate living facilities. (Ord. No. 86-27, 0
f
2, 6.24-86)
,
a
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§ s
Supp• No.42
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962.8 y'
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CHAPTER 9
REQUIREMENTS OF GROUP D OCCUPANCIES
6� 901 GROUP D OCCUPANCY DEFINED
?'v 902 CONSTgUCT10N, HEIGHT AND AREA ALLOWABLE
�!'r 903 LOCATION ON PROPERTY
A , 904 EGRESS FACILITIES
905 LIGHT AND VENTILATION ( v r
it
.v 906 ENCLOSURE OF VERTICAL OPENINGS -
J
1 M
�? 907 PROJECTION ROOMS ,f r
906 SPECIAL HAZARDS r
909 PLUMBING AND SANITATION
} 5' 910 MIXED OCCUPANCY r
1 u4 r r i�
901 GROUP D OCCUPANCY DEFINED
� i a10 1
} Group D Occupancy shall include all institutional uses as follows:
DIVISION 1: Occupancy where inmates'liberties are restricted, such as jails, prisons,
c. reformatories and asylums.
it DIVISION2: Occupancies where persons are under physical limitations such as hospitals,
sanitariums,homes for the aged and orphanages and where accommodations are provided for ('four or more people.
4 YA
DIVISION 3: Occupancies where the individuals residing are not under severe physical , c r
jr y y; limitations,and which undertakes through its ownership or management to provide,fora period
exceeding 24 hours,one or more personal services.
W i j J
,)• (a) Personal services, in addition to housing and food service, include but are not a�
i limited to:personal assistance with bathing,dressing,ambulation,housekeeping,supervision, tr
emotional security,and any other related services, notwithstanding that such services do not include medical services. r
(b) Division 3 Occupancies shall not be required to meet the provisions of this -
„ Chapter,but shall meet those specified in sub-paragraph 902.3, Special Provisions 1,¢
.
t 902 CONSTRUCTION, HEIGHT AND AREA ALLOWABLE t
x
i � 902.1 GENERAL: Ty,
a a ka'y
shall be limited Buildings,
height and area asfollows:buildings,classed in Group D because of use or occupancy, `
6 • t'
1 s Division Type Allowable Height Basic Area
r„ I I Not Limited Not Limited
2 it 30 Feet(2 stories) 11,300
it Z II Not Limited Not Limited
45 feet(3 stories) 11.300
} 2 111(Protected) 20 ft. (I story) 5,100
v S
t (b) See Section 514 for allowable area increases.
l 902.2 SPECIAL PROVISIONS FOR DIVISION 1 and 2 OCCUPANCIES:
' c
f (a) Cell blocks and confinement cells in jails, prisons or similar buildings may be
/5 r constructed of unprotected steel or iron,provided,that the entire cell block shall be constructed
k�! , of incombustible materials.
(b) Basements shall be of Type I construction. ` ` ^ r•
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NABORS. GIBLIN & NICKERSON, P.A. u
ATTORNEYS AT LAW
BARNETT BANK BUILDING, SUITE BDO
315 SOUTH CALHOUN STREET
TALLAHASSEE, FLORIDA 32301 r
SARAH M. BLEAKLEY TELEPHONE (904) 224.4070
WARREN 5. BLOOM TELECOPY (904) 224-4073
HARRY F. CHILES
MAUREEN MCCARTHY DAUGHTON THE POINTE.SUITE 1060
t VIRGINIA SAUNDERS DELEGAL i ROCKY POINT DRIVE
KIMBERLY L. FRANKLIN TAMPA. FLORIDA 33907
L. THOMAS GIBLIN
19131 281.21
MARK G. LAWSON
' STEVEN E. MILLER TELECOPY 111131 281.0199
MARK T. MUSTIAN l
ROBERT L. NABORS SIGNATURE PLAZA, SUITE 1090
GEORGE H. NICKERSON. JR. 201 SOUTH ORANGE AVENUE
1 STEM T. SLIGER ORLIi FLORIDA 3280,
JOSCPH B. STANTON 4407I 426.1599
s GREGORY T. STEWART June 26, 1996 TELECOPY 14071429.901
1 ✓ •• JOHN R. STOKES
<I WILLIAM O. TYLER �!
x i{ MICHA[L L. WATKINS VIA FEDERAL EXPRESS
W. JEAN E. WILSON
yj I IA 1y"�
TO: Attached Distribution List i
RE: City of Dania Draft #3 of Solid Waste Service Assessment Ordinance and
3 Draft #1 of Solid Waste Initial Assessment Resolution
Attached for your review is Draft #3 of the Solid Waste Service Assessment
U Ordinance ("the Ordinance") for the City of Dania the City well
s Draft #1 of the
Initial Assessment Resolution ("the Initial Resolution"). ChangestoDraft #3 of the
Ordinance have been blacklined to Draft #1. Draft #2 of the Ordinance consisted of 8
1 substitution pages which were transmitted to Marie Jabalee on Friday, June 21, in order
a r,. for her to include such revisions in the agenda packages. A complete version of Draftel
#2 was not sent to the distribution list due to the additional changes contained in this
Draft #3.
•
Both the Ordinance and the Initial Resolution are scheduled to be considered for M z
adoption by the City Commission on July 9, 1996. In light of the upcoming July 4th #
Ix�w
�l holiday and the tight time frames involved, please review the enclosed documents and
? provide any comments to me no later than Monday, July 1, 1996.
We have also prepared a draft of the fire rescue initial assessment resolution.
However, GSG is still in the process of analyzing the data provided by the City relative
to the development of institutional rates. Accordingly, once GSG has provided us with
a schedule of rates, we will forward a draft of the fire rescue initial resolution, as well as
a revised draft of the fire rescue ordinance, to the appropriate distribution list for review.
incerely,
Mark G. Lawson
' MGL:sib
4„
"r l Attachments
1
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y yY�{ y'' 4x �F j1 7t s- t nrJ
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{�y�"{'A[,`�,��,! t L1• , a{ } tl alb`'1
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CITY OF DANIA
SOLID WASTE ASSESSMENT
DISTRIBUTION LIST
!
CITY OF DANIA NABORS, GIBLIN
100 West Dania Beach Blvd. & NICKERSON, P.A.
Dania, Florida 33004
Robert L. Nabors
Michael Smith, Mark G. Lawson
City Manager Sarah M. Bleakley
Phone: (954)921-8700 ext. 201 Michael L. Watkins
Fax: (954)921-2604 Kimberly L. Franklin
w= Marie J. Jabalee, 315 South Calhoun Street
City Clerk Barnett Bank Building
Phone: (954)921-8700 Suite 800 ; `
Fax: 954 921-2604 �
>" F, ( ) Tallahassee, Florida 32301 r �� ' ,
x 904/224-4070 h'
Frank C. Adler, 904/224-4073/FAXa
City Attorney � y
Phone: (954)921-8700 ext. 209 "� '
r
Fax: (954)921-2604
GOVERNMENT SYSTEMS
S r
4r{t GROUP, L.C.
T. Duncan Rose
s� -
+ ;> , Camille S. Gianatasio .� j
Gretchen H. Waldo y�
Jo Ann Smidley ,�
315 South Calhoun Street
„M Barnett Bank Building
Y Suite 860 ;
Tallahassee, Florida 32301
ri t
904/681-3717 ;
904/224-7206/FAX
pp s 61y
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DANIA DRAFT #3: 06/26/96
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wtfi CITY OF DANIA, FLORIDA
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SOLID WASTE SERVICE
ASSESSMENT ORDINANCE
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FIRST READING JUNE 25, 1996
SECOND READING AND ADOPTION JULY 9, 1996
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DANIA DRAFT #3: 06/26/96
TABLE OF CONTENTS
Page
-.f ARTICLE I
INTRODUCTION
s SECTION 1.01. DEFINITIONS
SECTION 1.02. INTERPRETATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
` SECTION 1.03. FINDINGS . . . . . . . . . . . . . . . . . . . . • • 10 l
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT . . . 12
ARTICLE III a _
ANNUAL SOLID WASTE COLLECTION AND x`DISPOSAL ASSESSMENTS
SECTION 2.01. GENERAL AUTHORITY
SECTION 2.02. INITIAL PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
° SECTION 2.03. INITIAL ASSESSMENT ROLL . . . . . . . . . . . . . . . . . . . . . . . . 15
SECTION 2.04. NOTICE BY PUBLICATION . 16 p` `r
. . . . . . . . . . . . . . . . . . . . . . .
SECTION 2.05. NOTICE BY MAIL
r t. . . 17
SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION . . . . . . . 18 ka
SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION . . . . . . . . . 19 1t,
SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION . . . . . . . . . . . 20
i
SECTION 2.09. LIEN OF SOLID WASTE SERVICE ASSESSMENTS . . . . . . . 23 '
SECTION 2.10. REVISIONS TO SOLID WASTE SERVICE ASSESSMENTS. . . 24
w
,;,,•�- SECTION 2.11. PROCEDURAL IRREGULARITIES . . 24
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS . • . 25
,I SECTION 2.13. INTERIM ASSESSMENTS.
. . . . . . . . . . . . . . . . . . . . . . . . . . 27
ARTICLE III
Jx �
COLLECTION AND USE OF SOLID WASTE >`
]
r SERVICE ASSESSMENTS
SECTION 3.01. METHOD OF COLLECTION . . . . . . . . . . . . . . .
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION . " t '
'k 't a+ttiX . . . . . . . . . 30
SECTION 3.03. GOVERNMENT PROPERTY . . . . . . . . . . . . . . . . . . . . . . . . . 32
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DANIA DRAFT #3: 06/26/96
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ARTICLE IV
GENERAL PROVISIONS }
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SECTION 4.01. APPLICABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
SECTION 4.02. ALTERNATIVE METHOD . . . . . . . . . . . . . . . . . . . . . r . . . . . 35
SECTION 4.03. SEVERABILITY
SECTION 4.04 CONFLICTS 35
SECTION 4.04 4.05. EFFECTIVE DATE 36 t t
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' NABORS. GIBLIN & NICKERSON, P.A.
ATTORNEYS AT LAW
_ BARNETT BANK BUILDING, SUITE BOO
r ! 315 SOUTH CALHOUN STREET
TALLAHASSEE. FLORIDA 32301
SARAH M. BLEAKLEY e
WARREN S. BLOOM TELEPHONE 1904) 224 401O
HARRY F. CHILES TELECOPY 49041 214.4073
MAUREEN MCCARTHY DAUGHTON
* VIRGINIA SAUNDERS DELEGAL THE P01NTE, SUITE 1060
KIMBERLY L. FRANKLIN 2502 ROCKY POINT DRIVE
} L, THOMAS GIBLIN TAMPA. FLORIDA 33607
MARK G. LAWSON 18131291.2222
STEVEN E. MILLER TELECOPY 19131 29L0129
MARK T. MU5TIAN
ROBERT L. NABORS SIGNATURE PLAZA. SUITE 1060
GEORGE W NICKERSON. JR. 201 SOUTH ORANGE AVENUE
STEN T. SLIGER
J JOSEPH B. STANTON ORLANDO. FLORIDA 32801
k GREGORY T. STEWART 14071 426-7595
JOHN q STOKES July 1, 1996 TELECOPY 14071 4269022
•�` WILLIAM 0. TYLER (^n'@+•>>
. MICHAEL L. WATKINS
JEAN E. WILSON � T
VIA FEDERAL EXPRESS
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a T0: Attached Distribution List '
RE: City of Dania Draft #2 of Fire Rescue Assessment Ordinance an y d Draft #1
of Fire Rescue Initial Assessment Resolution
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Attached for your review is Draft #2 of the Fire Rescue Assessment Ordinance
' ("the Ordinance") for the City of Dania ("the City
"),), as well as Draft #1 of the Initial z�
Assessment Resolution ("the Initial Resolution"). Additions and deletions to Draft #2 of
'I ti the Ordinance have blacklined to Draft #1. Draft #1 of the Initial Resolution contains the
t ° a estimated fire rescue assessment rate schedule in Appendix C. rt u
h Both the Ordinance and Initial Resolution are scheduled to be considered for
t a adoption by the City Commission on July 9, 1996. Due to the upcoming July 4th holiday y {1 v1:
and the short time frames involved, please review the enclosed documents and provide .
Ar fw . any comments or revisions to me no later than Wednesday, July 3, 1996 by 2:30 p.m. t w
}> Sincerely,
r Mark G. Lawson
i
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Attachments
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DANIA DRAFT #2: 06/28/96
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FIRST READING JUNE 26, 1996
SECOND READING AND ADOPTION JULY 9, 1996 ,
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TABLE OF CONTENTS
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ARTICLE
INTRODUCTION
{ SECTION 1.01. DEFINITIONS
. . 2
I ^ SECTION 1.02. INTERPRETATION . . . 7. 6
SECTION 1.03. GENERAL FINDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 k +rz�k
SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT . . . . 8
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ARTICLE 11
i
ANNUAL FIRE RESCUE ASSESSMENTS
i
SECTION 2.01. GENERAL AUTHORITY
SECTION 2.02. INITIAL PROCEEDINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 2.03. INITIAL ASSESSMENT ROLL 11 }
SECTION 2.04. NOTICE BY PUBLICATION . . . . . . . . . . . . . . . . . . . . . . . . . 12L z r
SECTION 2.05. NOTICE BY MAIL
4,312
c 5 � SECTION 2,06. ADOPTION OF FINAL ASSESSMENT RESOLUTION . . . . . . . 14
> ., : 5� 3
_.., SECTION 2.07, EFFECT OF FINAL ASSESSMENT RESOLUTION . . . . . . 4514
SECTION 2.08, ADOPTION OF ANNUAL RATE RESOLUTION
Mpu
SECTION 2.09. LIEN OF FIRE RESCUE ASSESSMENTS , 4.9 18 g
* ' SECTION 2.10. REVISIONS TO FIRE RESCUE ASSESSMENTS. . 19
SECTION 2.11. PROCEDURAL IRREGULARITIES
SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS . . . . . . . . . . . 20
tF
SECTION 2.13. INTERIM ASSESSMENTS. 22
df*
ARTICLE III COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS
r�
SECTION 3.01. METHOD OF COLLECTION . . . . . .
SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION . . . . . . . . . . . . . 25
p41 SECTION 3.03. GOVERNMENT PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . .
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DANIA DRAFT #2: 06/28/96
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ARTICLE IV
t, GENERAL PROVISIONS
SECTION 4.01. APPLICABILITY. 30
SECTION 4.02. ALTERNATIVE METHOD . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SECTION 4.03. SEVERABILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
SECTION 4.04. CONFLICTS 31
< SECTION 4:A4 4.05. EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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CITY OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 Phone: (305) 921-8700
® ® DANIA, FL 33004 Fax: (305) 921-2604
FAXED TO #425-1006
June 26, 1996
Classified Ads
) 'r Sun Sentinel
G 333 SW 12 Avenue
Deerfield Beach, Florida 33442 t
s Attention: Carolyn `
Dear Carolyn:
r\ r Please publish the enclosed "NOTICE OF HEARING" in the classified section of
the Sun Sentinel on Saturday, June 29, 1996. i {
{ We will require a notarized confirmation on the date that the ad was published a 1
' plus the actual newspaper ad for our records.
,3 If this date is not satisfactory, please contact me immediately at extension 202,
4
r Thank you for your assistance in this matter. w
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Sincerely,
s}.
Marie Jabalee
City Clerk iSE
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NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF , FLORIDA, REGARDING
ADOPTION OF HE FOLILOWING PROPOSED ORDINANCES
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, on July 9,
1996, at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public
hearing in the City Commission room of the Dania City Hall, 100 West Dania Beach
Boulevard, Dania, Florida to consider the proposed ado entitled: ption of the following ordinances
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING
TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN
y THE CITY OF DANIA, FLORIDA; AUTHORIZING THE
iz IMPOSITION AND COLLECTION OF ANNUAL SOLID WASTE
SERVICE ASSESSMENTS AGAINST PROPERTY r �,THROUGHOUT THE CITY OF DANIA; PROVIDING FOR
DEFINITIONS; ESTABLISHING THE PROCEDURES FOR
IMPOSING SOLID WASTE SERVICE ASSESSMENTS; k
PROVIDING THAT SOLID WASTE SERVICE ASSESSMENTS
CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON
ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE ;
LIEN FOR A SOLID WASTE SERVICE ASSESSMENT
COLLECTED PURSUANT TO SECTIONS 197.3632 AND
a 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL `
ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE
s LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A
Fw PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY {
WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR ? m
� r MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN
DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES,
f'; > AND CLAIMS; AUTHORIZING THE IMPOSITION OF INTERIM
ASSESSMENTS; PROVIDING PROCEDURES FOR
COLLECTION OF SOLID WASTE SERVICE ASSESSMENTS;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
' RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO Y`
f ' THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
f r' EFFECTIVE DATE".
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, RELATING
` TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES,
AND PROGRAMS IN THE CITY OF DANIA, FLORIDA;
AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE
RESCUE ASSESSMENTS AGAINST PROPERTY THROUGHOUT
F THE CITY OF DANIA; PROVIDING CERTAIN DEFINITIONS AND
xy= F DEFINING THE TERM "FIRE RESCUE ASSESSMENT";
-
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ESTABLISHING THE PROCEDURES FOR IMPOSING FIRE
RESCUE ASSESSMENTS; PROVIDING THAT FIRE RESCUE
ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED
PROPERTY UPON ADOPTION OF ASSESSMENT ROLL;
PROVIDING THAT THE LIEN FOR A FIRE RESCUE
ASSESSMENT COLLECTED PURSUANT TO SECTIONS
197.3632 AND 197.3635, FLORIDA STATUTES, UPON
PERFECTION SHALL ATTACH TO THE PROPERTY ON THE
PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM
TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE
EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL
r' - STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES OR
}= ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER
PRIOR LIENS, MORTGAGES, TITLES AND CLAIMS;
AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS;
PROVIDING PROCEDURES FOR COLLECTION OF FIRE
RESCUE ASSESSMENTS; PROVIDING A MECHANISM FOR
y THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT ,
PROPERTY; PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF i
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO '
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE".
3'
M A copy of these proposed ordinances are on file in the office of the City Clerk, City Hall, 100
West Dania Beach Boulevard, Dania, Florida, and may be inspected by the public during
normal working hours. Y
Interested parties may appear at the aforesaid meeting and be heard with respect to the t '
,r proposed.
Any person who decides to appeal any decision made by the City Commission with respect to s a
any matter considered at this hearing will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based. V`z -
� r*
In accordance with the American with Disabilities Act, persons needing assistance to
" '. participate in any of the proceedings should contact Marie Jabalee, City Clerk, 100 West
! Dania Beach Boulevard, Dania, Florida 33004, (954) 921-8700 ext. 202 at least 48 hours prior
to the meeting.
/s/ Marie Jabalee
City Clerk
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i NOTICE OF MORATORIUM
NOTICE OF PUBLIC HEARING BEFORE CITY COMMISSION
CITY OF DANIA, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, on June
25, 1996, at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public
hearing in the City Commission room of the Dania City Hall, 100 West Dania Beach
Boulevard, Dania, Florida to consider the proposed adoption of the following ordinance
entitled:
"AN ORDINANCE OF THE CITY COMMISSION OF THE
F\\ CITY OF DANIA, FLORIDA , RELATING TO LAND
i DEVELOPMENT REGULATION; ESTABLISHING A j7 �q
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT .. 1
PERMITS FOR BROWARD COUNTY CORRECTION I >
FACILITIES FOR A PERIOD OF SIX MONTHS, DIRECTING
? ,
(� THE CITY ADMINISTRATION TO PREPARE PROPOSED
AMENDMENTS TO THE CITY'S LAND DEVELOPMENT c
REGULATIONS RELATING TO ZONING DISTRICTS, C j
r J'r
SITING CRITERIA AND DEVELOPMENT CONTROLS, t
PROVIDING FOR SEVERABILITY, ORDINANCES IN t y
CONFLICT, AND AN EFFECTIVE DATE.
This is the first public hearing on the proposed ordinance. The second public hearing shall be I
held at least 10 days after the first public hearing.
f
} A copy of this proposed ordinance is on file in the office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard, Dania, Florida, and may be inspected by the public during normal M
working hours.
is Interested parties may appear at the aforesaid meeting and be heard with respect to the Aux
proposed.
MAP OF THE CITY OF DANIA
Any person who decides to appeal any decision made by the City Commission with respect to
any matter considered at this hearing will need a record of the proceedings and for such
purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to
participate in any of the proceedings should contact Marie Jabalee, City Clerk, 100 West
Dania Beach Boulevard, Dania, Florida 33004, (954) 921-8700 ext. 202 at least 48 hours prior
to the meeting.
/s/ Marie Jabalee
City Clerk
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CITE' OF DANIA
100 W. DANIA BEACH BLVD.
P.O. BOX 1708 Phone: (305) 921-8700
® ® DANIA, FL 33004 Fax: (305) 921-2604
FAXED TO #425-1008
June 11, 1996
Mr. Jim Croteau
Display Ads r
Sun Sentinel
v 333 SW 12 Avenue 52
Deerfield Beach, Florida 33442
r' ttil
Dear Mr. Croteau:
'r Please publish the enclosed "NOTICE OF MORATORIUM" in the Display»` { Section of the Sun Sentinel on July 2, 1996.
5 t
F K"9 r
The display ad must be two-columns wide by 10" long, 18 point type for the
headline and the City of Dania map below the Notice. We will require notarized
confirmations for the dates of publication and actual newspaper ads for our {
records.
J 3 �
If these dates are not-satisfactory, please contact me immediately at extension
t.- 202. �t
kMN,;
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Thank you for your assistance in this matter. rYrtik
Sincerely, '
l A 4�Cl 4r � J ,jUr}4v'4t f 'j�1
Marie Ja alee 4M
y, City Clerk
F,( /cs
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NOTICE OF MORATORIUM
NOTICE OF PUBLIC HEARING BEFORE CITY COMMISSION
CITY OF DANIA, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania, Florida, on July 9,
1996, at 7:30 p.m. or as soon thereafter as the matter may be heard, will conduct a public
hearing in the City Commission room of the Dania City Hall, 100 West Dania Beach
Boulevard, Dania, Florida to consider the proposed adoption of the following ordinance
entitled:
"AN ORDINANCE OF THE CITY COMMISSION OF THE
I Y' CITY OF DANIA, FLORIDA , RELATING TO LAND
DEVELOPMENT REGULATION; ESTABLISHING A
MORATORIUM ON THE ISSUANCE OF DEVELOPMENT
PERMITS FOR BROWARD COUNTY CORRECTION 1
FACILITIES FOR A PERIOD OF SIX MONTHS, DIRECTING a
THE CITY ADMINISTRATION TO PREPARE PROPOSED
f"' t
AMENDMENTS TO THE CITY'S LAND DEVELOPMENT
f {
REGULATIONS RELATING TO ZONING DISTRICTS,
SITING CRITERIA AND DEVELOPMENT CONTROLS,tt
PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE. I
A copy of this proposed ordinance is on file in the office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard Dania, Florida, and may be inspected b the public during normal
4 t' working hours.
Y p Y P 9
F ? Interested parties may appear at the aforesaid meeting and be heard with respect to the
proposed.
e
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MAP OF THE CITY OF DANIA
Any person who decides to appeal any decision made by the City Commission with respect to
any matter considered at this 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
t "
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to
participate in any of the proceedings should contact Marie Jabalee, City Clerk, 100 West
Dania Beach Boulevard, Dania, Florida 33004, (954) 921-8700 ext. 202 at least 48 hours prior
to the meeting.
/s/ Marie Jabalee
City Clerk
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8B Sun-Sentinel,Tuesday,July 2, 1996 s
y Teens decry ' !NOTICE OF MORATORIUM
- new driving NOTICE OF PUBLIC HEARING BEFORE CITY COMMISSION
- CITY OF DANIA, FLORIDA, REGARDING
restrictions ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE
a NOTICE IS HEREBY GIVEN that the City Commission of the Cih
of Dania, Florida, on July 9, 1996, at 7:30 p.m. or as sooi
By SARAH LUNDY thereafter as the matter may be heard, will conduct a pubiif
Staff Writer hearing in the City Commission room of the Dania City Hall, 10(
South Florida police agencies West Dania Beach Boulevard, Dania, Florida to consider IN
said on Monday the enforcement proposed adoption of the following ordinance entitled:
of a new state law restricting "AN ORDINANCE OF THE CITY COMMISSION OF
nighttime driving by teen-agers THE CITY OF DANIA, FLORIDA, RELATING TO LAND
will be under the discretion of of- DEVELOPMENT REGULATION; ESTABLISHING A
ficers on the beat. MORATORIUM ON THE ISSUANCE OF
a Teen-agers were still bristling DEVELOPMENT PERMITS FOR BROWARD COUNTY f
at the thought of the new restric- CORRECTION FACILITIES FOR A PERIOD OF SIX
tions, which went into effect on MONTHS, DIRECTING THE CITY ADMINISTRATION A
Monday. TO PREPARE PROPOSED AMENDMENTS TO THE
"It amazes me that my friends CITY'S LAND DEVELOPMENT REGULATION
and I can walk around town as
I .. RELATING TO ZONING DISTRICTS, SITING I '
late as we want, yet we're not al- CRITERIA AND DEVELOPMENT CONTROLS,
• lowed to be safely locked in our PROVIDING FOR SEVERABILITY, ORDINANCES IN
cars past 11 p.m.," said Melissa CONFLICT, AND AN EFFECTIVE DATE.
Korn, 16,a junior at Palm Beach
37ounty School of the Arts. A copy of this proposed ordinance is on file in the office of the Cih
But Lori Croy, spokeswoma Clerk, City Hall, 100 West Dania Beach Boulevard, Dania, Florida
( ' w. n and may be inspected by the public during normal working hours
1 for the Boca Raton Police De-
partment, said the new law will Interested parties may appear at the aforesaid meeting and be
be good for teens. heard with respect to the proposed.
"In the long run, it will make
[teen-agers] pay more attention
! ; to their driving, because they can a- 5
see that more restrictions are be- °
ing placed on them,"Croy said.
w.. ;
The law applies tougher re- CPIlT070AFlllp
strictions on drivers 15 to 17
t years old who drive at night.
Officials point to figures where
human error was the cause of fa-
tal crashes involving 16- and 17- —
year-olds.They hope the law will " I
f ' help save lives by restricting in-
experienced drivers from being
on the road alone at night.
t ' Teens who are caught violating
the restrictions could be charged 8 s
with a moving violation with a !1
l $52 fine and three points off their
driver's licenses, said Florida
Highway Patrol Lt. Pembrook —
Burrows. I
The officers won't be searching
to bust young drivers.
They must have another reason
to stop the teen-ager,Croy said.
Then the officer will inquire Any person who decides to appeal any decision made by the City
about whether the teen is legally Commission with respect to any matter considered at this hearing
allowed to be driving at that will need a record of the proceedings and for such Purpose may
time. need to ensure that a verbatim record of the proceedings is made,
The law does allow some ex. which record includes the testimony and evidence upon which the
ceptions. Those 16- and 17-year- appeal is to be based.
olds who are going to or from In accordance with the American with Disabilities Act, persons
work can be driving during the needing assistance to participate in any of the proceedings should
restrictive hours. contact Marie Jabalee, City Clerk, 100 West Dania Beach
But Burrows said if a trooper Boulevard, Dania, Florida 33004, (954) 921-8700 ext. 202 at least
thinks a teen-ager is lying about 48 hours prior to the meeting.
)� his work hours, the trooper will /s/Marie Jabalee check out the teen's story by call- &
ing his or her work place. City Clerk
7 .
,
8B Sun-Sentinel,Tuesday,July 2, 1996 s
Teens decry ' NOTICE OF MORATOR
IUM
new driving NOTICE OF PUBLIC HEARING BEFORE CITY COMMISSION
CITY OF DANIA, FLORIDA, REGARDING
restrictions ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that the City Commission of the Citt
By SARAH LUNDY of Dania, Florida, on July 9, 1996, at 7:30 p.m. or as sooi
Staff Writer thereafter as the matter may be heard, will conduct a publir
hearing in the City Commission room of the Dania City Hall, 10(
South Florida police agencies West Dania Beach Boulevard, Dania, Florida to consider thf
said on Monday the enforcement proposed adoption of the following ordinance entitled:
s of a new state law restricting "AN ORDINANCE OF THE CITY COMMISSION OF
nighttime driving by teen-agers THE CITY OF DANIA, FLORIDA, RELATING TO LAND
will be under the discretion of oF- DEVELOPMENT REGULATION; ESTABLISHING A
:- fiTeen-acers on terswehe . MORATORIUM ON THE ISSUANCE OF e Teen-agers were still bristling DEVELOPMENT PERMITS FOR BROWARD COUNTY
at the thought of the new restric-
I CORRECTION FACILITIES FOR A PERIOD OF SIX j tions, which went into effect on MONTHS, DIRECTING THE CITY ADMINISTRATION 1 I ' Monday. TO PREPARE PROPOSED AMENDMENTS TO THE
"It amazes me that my friends CITY'S LAND DEVELOPMENT REGULATION
and I can walk around town as RELATING TO ZONING DISTRICTS, SITING
late as we want, yet we're not al- CRITERIA AND DEVELOPMENT CONTROLS,
lowed to be safely locked in our PROVIDING FOR SEVERABILITY, ORDINANCES IN
cars past 11 p.m.," said Melissa CONFLICT, AND AN EFFECTIVE DATE.
Korn, 16,a junior at Palm Beach A copy of this proposed ordinance is on file in the office of the filth
county School of the Arts.
K. But Lori Croy, spokeswoman Clerk, City Hall, 100 West Dania Beach Boulevard, Dania, Florida
ier the Boca Raton Police De- and may be inspected by the public during normal working hours
partment, said the new law will Interested parties may appear at the aforesaid meeting and be
be good for teens. heard with respect to the proposed.
"In the long run, it will make i
[teen-agers] pay more attention
Y ` to their driving, because they can ..• i
s see that more restrictions are be- j
I ing placed on them,"Croy said. ^m=
The law applies tougher re-
strictions on drivers 15 to 17
years old who drive at night.
Officials point to figures where AIL EMJ
human error was the cause of fa- I -1
tal crashes involving 16- and 17- ---
year-olds. They hope the law will "
help save lives by restricting in-
experienced drivers from being
on the road alone at night.
Teens who are caught violating
the restrictions could be charged 1 a b J
] with a moving violation with a 1
$52 fine and three points off their !+
driver's licenses, said Florida _ '
Highway Patrol Lt. Pembrook �j
Burrows. y
The officers won't be searching
to bust young drivers.
They must have another reason
i to stop the teen-ager, Croy said.
Then the officer will inquire Any person who decides to appeal any decision made by the City
about whether the teen is legally Commission with respect to any matter considered at this hearing
allowed to be driving at that will need a record of theproceedings and for such Purpose may
. . time. need to ensure that a verbatim record of the proceedings is made,
The law does allow some ex- which record includes the testimony and evidence upon which the
ceptions. Those 16- and 17-year- appeal is to be based.
olds who are going to or from In accordance with the American with Disabilities Act, persons
work can be driving during the needing assistance to participate in any of the proceedings should
restrictive hours. contact Marie Jabalee, City Clerk, 100 West Dania Beach
But Burrows said if a trooper Boulevard, Dania, Florida 33004, (954) 921-8700 ext. 202 at least
thinks a teen-ager is lying about 48 hours prior to the meeting.
his work hours, the trooper will
check out the teen's story by call- fs/Marie Jabalee
ing his or her work place. City Clerk
A
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44.
. 1
NABORS. GIBLIN & NICKERSON. P.A.
ATTORNEYS AT LAW
BARNETT BANK BUILDING. SUITE BOO
.� 315 SOUTH CALHOUN STREET
TALLAHASSEE. FLORIDA 32301
SARAN M. BLEAKLEY TELEPHONE 19041224 4070 •
WARDEN S. BLOOM TELECOPY +904) 224-4073
HARRY F. CHILES
MAUREEN MCCARTHY OAUGHTON THE POINTE. SUITE I oGO
VIRGINIA SAUNDERS DELEGAL 2502 ROCKY POINT DRIVE
NIMBERLY L. FRAN HLIN TAMPA. FLORIDA 33607
L. THOMAS GIBLIN 181312902222
MARK G. LAWSON TELECOPY I613I 281.0129
STEVEN E. MILLER
MARK T. MUSTIAN SIGNATURE PLAZA, SUITE 1060
ROBERT L, NABORS
201 SOUTH ORANGE AVENUE
GEORGE H. NICKERSON. JR. OALANOO. FLORIDA 32e01
pp STEN T. SLIDER
J05EPH B. STANTON 14071426 7595
GREGORY T, STEWART July 1, 1996 TELECOPY 14071 426 8022
JOHN R. STONES
I t, WILLIAM D. TYLER
j S MICHAEL I. WATKINS �VI
JEAN E. WILSON VIA FEDERAL EXPRESS
,i
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T0: Attached Distribution List
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RE: City of Dania Draft #2 of Fire Rescue Assessment Ordinance and Draft #1
t; of Fire Rescue Initial Assessment Resolution
Attached for your review is Draft #2 of the Fire Rescue Assessment Ordinance
("the Ordinance") for the City of Dania ("the City"), as well as Draft #1 of the Initial ) J,
Assessment Resolution ("the Initial Resolution"). Additions and deletions to Draft #2 of ,, T1
the Ordinance have blacklined to Draft #1. Draft #1 of the Initial Resolution contains the
estimated fire rescue assessment rate schedule in Appendix C.
my
I Both the Ordinance and Initial Resolution are scheduled to be considered for ;,
adoption by the City Commission on July 9, 1996. Due to the upcoming July 4th holiday
f, •; and the short time frames involved, please review the enclosed documents and provide >u
i a any comments or revisions to me no later than Wednesday, July 3, 1996 by 2:30 p.m.
I ,
„
Sincerely,
r�
+ I o
{ Mark G. Lawson
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Attachments r, .
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CITY OF DANIA
FIRE/EMS ASSESSMENT
{ DISTRIBUTION LIST
CITY OF DANIA GOVERNMENT SYSTEMS
100 West Dania Beach Blvd. GROUP, L.C.
Dania, Florida 33004
T. Duncan Rose
Michael Smith, Camille S. Gianatasio
City Manager Gretchen H. Waldo
by Phone: (954)921-8700 ext. 201 Jo Ann Smidley
Fax: (954)921-2604
315 South Calhoun Street (' �3
Marie J. Jabalee, Barnett Bank Building ,
r� City Clerk Suite 860 ,u
c' k
,t Phone: (954)921-8700 Tallahassee, Florida 32301
Fax: (954)921-2604 904/681-3717 ,
904/224-7206/FAX
Tom Grammar, raj ..
r= .. Fire Chief
x 116 West Dania Beach Blvd. NABORS, GIBLIN
Phone: (954)921-8700 ext. 204 & NICKERSON P.A.
ri r r
Fax: (954)923-5701
x Robert L. Nabors
Frank C. Adler, Mark G. Lawson ,�t
s
City Attorney Sarah M. Bleakley
Phone: (954)921-8700 ext. 209 Michael L. Watkins uX
Fax: (954)921-2604
315 South Calhoun Streetf�'
Barnett Bank Building
DAVID M. GRIFFITH & Suite 800 °
ASSOCIATES LTD. Tallahassee Florida 32301
f yw r + 904/224-4070 »' '
Robert E. Sheets 904/224-4073/FAX
Matt Matherne e„
David Jahosky
°shy„f 1621 Metropolitan Boulevard
Suite 201 r
r # Tallahassee, Florida 32308
{dF, Phone: (904) 386-1101
z 1° Fax: (904) 386-3599
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DANIA DRAFT #1: 07/01/96
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DANIA DRAFT #1: 07/01/96
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 2. PURPOSE AND DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES . . . 5
SECTION 4. IMPOSITION AND COMPUTATION OF FIRE
RESCUE ASSESSMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Fs SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
tz AND FAIR APPORTIONMENT . . . . . . . . . . . . . . . . . . . . . . . . 5 4' a
SECTION 6. COST APPORTIONMENT METHODOLOGY . . . . . . . . . . . . . 10 a !
SECTION 7. PARCEL APPORTIONMENT METHODOLOGY . . . . . . . . . . . 11
SECTION B. DETERMINATION OF FIRE RESCUE ASSESSED COSTS; I
' ESTABLISHMENT OF INITIAL FIRE RESCUE s �`
ASSESSMENTS 12
t SECTION 9. ASSESSMENT ROLL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 )
SECTION 10. AUTHORIZATION OF PUBLIC HEARING . . . . . . . . . . . . . . . 14
SECTION 11. NOTICE BY PUBLICATION . . . . . . . . . . . . . . . . . . . . . . . . . 14
SECTION 12. NOTICE BY MAIL '
SECTION 13. APPLICATION OF ASSESSMENT PROCEEDS . . . . . . . . . . . 14 , r
,
SECTION 14. EFFECTIVE DATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 + a
APPENDIX A: IMPROVEMENT CODES . . . . . . . . . . . . . . . . . . . . . . . . . . A-1
APPENDIX B: FIXED PROPERTY USE CODES . . . . . . . . . . . . . . . . . . . . B-1
APPENDIX C: ESTIMATED FIRE RESCUE ASSESSMENT
RATE SCHEDULE . . . . . . . . . . . . . . .
APPENDIX D: PARCEL APPORTIONMENT METHODOLOGY . . . . . . . D-1
APPENDIX E: FORM OF NOTICE TO BE PUBLISHED . . . . . . . . . . . . . . . E-1
• s ; APPENDIX F: FORM OF NOTICE TO BE MAILED . . . . . . . . . . . . . . . . . . F-1 , ,
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DANIA DRAFT #1: 06/26/96
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CITY OF DANIA, FLORIDA '
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INITIAL ASSESSMENT RESOLUTION
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" ADOPTED JULY 9, 1996
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DANIA DRAFT #1: 06/26/96
TABLE OF CONTENTS
Page
SECTION 1. AUTHORITY. . . . . . . . . . . . . . . . . . . .
SECTION 2. PURPOSE AND DEFINITIONS. . . . . . . . . . . . 2
SECTION 3. LEGISLATIVE DETERMINATIONS OF SPECIAL 2
BENEFIT AND FAIR APPORTIONMENT.
' . ' SECTION 4. SOLID WASTE COLLECTION AND DISPOSAL SERVICES. . . . 4 t
SECTION 5.
ASSESSMENT ROLL. . . . . . . . . . . . . . . . . . .
SECTION 6. AUTHORIZATION OF PUBLIC HEARING. 54`rs ;
SECTION 7. NOTICE BY PUBLICATION.
tit
SECTION 8. NOTICE BY MAIL. 7
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SECTION 9. EFFECTIVE DATE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 x Nt i
x a APPENDIX A. FORM OF NOTICE TO BE PUBLISHED. . . . . . . . . . . . . . . . A-1 �
APPENDIX B. FORM OF NOTICE TO BE MAILED. . . . . . . . . . . . . . . . . .
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APPOINTMENTS NEEDED
AIRPORT ADVISORY BOARD (2 year terms) 3 appointments needed
Mayor Bertino: 1 appointment (vacant)
Vice-Mayor Grace: 2 appointments (Evan Leatherman term expired 3/96)
(Tony Stevens removed 4/23/96)
I
r CIVIL SERVICE BOARD (4 year terms) 1 appointment and 3 nominees needed
, " • I Kurt Ely, term to expire 3/96 Commission appointee d ,
Sue Ann Truesdale (RESIGNED), term expired 3/96 (3 Commission nominees needed f
to be submitted to employees for t yr election).14 F
F
CODE ENFORCEMENT BOARD (2 alternates needed) '
is
David Nuby (alternate) term expired 9/8/95 (Mr. Nuby does not wish to be reappointed)
Rusty Sloan (alternate) term expired 9/8/95(Mr. Sloan is willing to serve again)
a i
j
COMMUNITY AFFAIRS ADVISORY BOARD (2 year terms
10 members) 3 appointments ? .
tt
Mayor Bertino: 1 appointment
t Vice-Mayor Grace: 2 appointments if ,
4
I
DANIA HOUSING AUTHORITY - 1 appointment
b Mayor Bertino appointment - Replacement for Ronald Zielinski (complete term from ,
t 6/1/95 to 6/1/99).
DANIA ECONOMIC DEVELOPMENT BOARD AND DOWNTOWN REDEVELOPMENT
J q r
AGENCY (2 year terms)
1 appointment needed
Comm. Mikes: 1 appointment
HUMAN RELATIONS BOARD (2 year terms) 2 appointments needed
Comm. Mikes: 1 appointment
Comm. Hyde 1 appointment
g:\boards\bdaptmem
6/26/96
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PARKS AND RECREATION ADVISORY BOARD (2 year terms) 1 appointment
needed
Comm. Hyde 1 appointment to Replace Dan Yagman
who moved out of Dania - term expired 3/97.
UNSAFE STRUCTURES BOARD (3 year terms) 3 appointments needed a
1 Appointment of A Real Estate Appraiser to replace Keith Pfenninger. 1
Terms have expired as of 5/96 for Neal Aronson for Architec and Brenda Miller for f
i citizen experienced in social problems.
If you are appointing a new member, please use the attached Board Appointment form 1
and include a home and business phone number if possible. For your convenience, ?
t1. this form will be provided in your agenda backup for future appointments. j
Thank you for your assistance. ^
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Advanced Imaging Solutions
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Hollywood Florida 33020
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