HomeMy WebLinkAboutNULL (110) I�
71
1
MINUTES
DANIA CITY COMMISSION !
REGULAR MEETING
j SEPTEMBER 11 , 1984
INVOCATION - JAMES ADAMS f
PLEDGE OF ALLEGIANCE
ROLL CALL:
Present -
Mayor : Chester A . Byrd
Vice-Mayor : John Bertino
I
Commissioners : James Adams
Jean Cook
Robert DonLy
City Attorney : Frank AdLer
City Manager : Richard Marant
City Clerk : Wanda Mullikin
Police Chief : Rudolf Rigo
,j Building Official : Paul Maxwell
i
Mayor Byrd called the meeting to order and recognized Commissioner
j DonLy .
Commissioner DonLy commented on the possibility of his being reap—
pointed to fill out the remainder of his term as City Commissioner ;
I and thanked the people of Dania for their support of him in the
September Primary Election .
1 . CONSENT AGENDA
Minutes
1 . 1 Regular Commission Meeting, August 28, 1984
I
A motion was made by Vice-Mayor Bertino, seconded by Commissioner
DonLy to approve the consent agenda with the exception of items
77 1 . 2 through 1 . 7 . The motion passed unanimously.
Ordinances ( First Reading)
1 . 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
I
FOLLOWING DESCRIBED LANDS, TO-WIT: THE W 112 OF THE NW
1 /4 OF THE SW 1 /4 OF THE SW 1 /4 OF SECTION 34, TOWNSHIP
50 SOUTH, RANGE 42 EAST; AND THE NE 1 /4 OF THE SE 1 /4 OF
THE SE 1 /4 OF SECTION 33, AND THE E 112 OF THE NW 1 /4 OF
THE SE 1 /4 OF THE SE 1 /4 OF SECTION 33, TOWNSHIP 50
SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA, LESS
CANAL RIGHT-OF-WAY, RECORDED IN OFFICIAL RECORD BOOK
1246 AT PAGE 220, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF
j R-M TO IG ZONING CLASSIFICATION UNDER THE PROVISIONS OF
!y ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS
SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
y DATE was read for first reading by Mayor Byrd.
1 Mayor Byrd explained that this rezoning request is for
property Located on the South side of West Dania Beach
Boulevard between SW 11th Ave . and the C-10 CanaL .
i �
Building Official MaxweLL reported that the Planning and 1
Zoning Board recommended that this item be continued due 1
to the need for clarification of procedures ( Land use
plan amendment) .
R
I 3 w Y it
Regular Meeting 1 September 11 , 1984
I
1 t'
i 1
Commissioner Cook stated for the record that she ha
s a
financial interest in this item. j
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Donly to continue this item until the first
meeting after the Land use plan amendment is adopted .
The motion passed unanimously .
* (Agenda items 1 . 4, 1 . 5 and 1 . 6 were addressed at this time . )
1 .3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO WIT; LOTS 1 , 2,3,4, 5, 6, 7,8,
AND 9, BLOCK 21 , TOWN OF DANIA (FORMERLY TOWN OF
MODELLO) AND LOTS 17, 18, AND 19, IN PLAT BOOK B, PAGE
49, IN THE PUBLIC RECORDS OF DADE COUNTY, SAID LANDS
SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD
COUNTY, FLORIDA, FROM ZONING CLASSIFICATION, C-2 TO C-3
ZONING CLASSIFICATION, UNDER THE PROVISIONS OF ORDINANCE
NO. 100 OF THE CITY OF DANIA, FLORIDA, AS SUBSEQUENTLY
AMENDED; AND PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH
CONFLICT : AND PROVIDING FOR AN EFFECTIVE DATE was read i
for first reading by Mayor Byrd . i
f
Mayor Byrd explained that this rezoning request is for
property generally located on SW Park Street between SW
First Avenue and SW Third Avenue and the NW corner of SW
i First Avenue and SW First Street .
Commissioner Cook stated for the record that she has a
financiaL interest in this item .
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Donly to approve the adoption of this
ordinance on first reading . The motion passed on the
following roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner DonLy-yes
1 . 4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "DUKE & DUKE SUBDIVISION", SAME BEING THE E
112 OF THE W 112 OF THE SE 1 /4 OF THE SE 1 /4 OF THE SW
1 /4, LESS THE SOUTH 193 FEET THEREOF, IN SECTION 33,
TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY,
FLORIDA; TOGETHER WITH ALL THAT PART OF THE NE 1 /4 OF
THE SE 1 /4 OF THE SW 1 /4 OF SAID SECTION 33 LYING EAST
OF THE EAST RIGHT-OF-WAY LINE OF STATE ROAD NO. 9;
TOGETHER WITH THE NORTH 351 FEET OF THE FOLLOWING
DESCRIBED PARCEL (AS MEASURED PERPENDICULAR TO THE NORTH
LINE OF SAID PARCEL) : ALL THAT PART OF THE W 112 OF THE j
W 1 /2 OF THE SE 1 /4 OF THE SE 1 /4 OF THE SW 1 /2 OF SAID
SECTION 33, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF
STATE ROAD NO. 9, LYING EAST OF THE EAST LIMITED ACCESS
RIGHT-OF-WAY LINE OF SAID STATE ROAD 9, AND LYING NORTH
OF THE. NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD. SAID
LANDS CONTAIN 10. 2656 ACRES, MORE OR LESS . TOGETHER
WITH A NON-EXCLUSIVE PERSONAL EASEMENT FOR INGRESS-
EGRESS AND PUBLIC UTILITIES OVER THE WESTERLY 10 FEET I
AND OVER THE SOUTHERLY 10 FEET OF THE ABOVE DESCRIBED
PARCEL LYING SOUTH OF SAID NORTH 351 FEET; SAID LANDS
LYING IN DANIA, BROWARD COUNTY, FLORIDA AND ACCEPTING
THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS
AND ALLEYS, AS SHOWN ON SAID PLAT OF SAID "DUKE & DUKE
SUBDIVISION"; AND PROVIDING THAT ALL ORDINANCES OR PARTS
OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLU-
TIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF I
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Regular Meeting 2 September 11 , 1984
3 �T�
4 gir).Z�1,y
xp �s:41�'t
N l
4
{'t
1
Building Official Maxwell reported that the Planning and !
Zoning Board recommended that this item be continued due
to the need for clarification of procedures ( land use i
plan amendment ) .
A motion was made by Vice-Mayor Bertino, seconded by 1
Commissioner Cook to continue this item until the first t
meeting after the Land use plan amendment is adopted .
The motion passed unanimously .
* 1 . 5 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING
THE PLAT OF "AIRVIEW HOTEL", SAME BEING THAT PORTION OF
TRACT 5 LYING SOUTH OF THE DANIA CUT-OFF CANAL, TOGETHER
WITH TRACT 16, BLOCK 3, IN SECTION 28, TOWNSHIP 50
SOUTH, RANGE 42 EAST, OF MARSHALL EVERGLADES LAND CO.
SUBDIVISION, AS RECORDED IN PLAT BOOK 1 , PAGE 98, OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA; LESS THAT
PORTION USED FOR ROAD RIGHT-OF-WAY AS DESCRIBED IN
OFFICIAL RECORD BOOK 2595, PAGE 614, OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA; AND LESS THAT
PORTION AS DESCRIBED IN OFFICIAL RECORD BOOK 2963, PAGE
728, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
AND LESS THAT PORTION USED FOR ROAD RIGHT-OF-WAY
I DESIGNATED AS PARCEL 9-E, AS SHOWN ON THE BROWARD COUNTY
TRANSPORTATION DEPARTMENT RIGHT-OF-WAY MAP OF GRIFFIN
ROAD BOND PROJECT-04110; SAID LANDS SITUATE, LYING AND
BEING IN BROWARD COUNTY, FLORIDA, SUBJECT 70 AN INGRESS
AND EGRESS EASEMENT OVER THE EAST 30 FEET OF THE ABOVE
DESCRIBED PORTIONS OF TRACTS 5 AND 16; AND SUBJECT TO AN
AVIGATION EASEMENT OVER A PORTION OF SAID TRACTS S AND
y 16, DESIGNATED AS PARCEL 9R-3 AS DESCRIBED AND SHOWN ON
' THE RIGHT-OF-WAY CLEAR ZONE APPROACH AREA FOR RUNWAY 9-R
AS RECORDED IN MISCELLANEOUS PLAT BOOK 4, PAGE 26, OF
THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;
CONTAINING 11 , 2 ACRES, 485, 821 SQUARE FEET, MORE OR
LESS; SAID LANDS LYING IN DANIA, BROWARD COUNTY,
FLORIDA; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF
ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT i
OF SAID "AIRVIEW HOTEL"; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
Building Official Maxwell reported that continuation of
this item is requested until after the scheduled meeting
with the County Planning Council .
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to continue this item until the next
regular Commission meeting of September 25, 1984. The
motion passed unanimously.
* 1 . 6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO-WIT : LOTS 7 THRU 17, BLOCK
1 OF OF "DOUGLAS HILL" ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 12, PAGE 45 OF THE PUBLIC RECORDS
OF BROWARD COUNTY, FLORIDA, LESS THE SOUTH 28 FEET OF
LOTS 11 , 12, 13, AND 14, BLOCK 1 , AND LESS THE EAST 5
FEET OF LOT 11 ; SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF
R-2 TO C-2 ZONING CLASSIFICATION UNDER THE PROVISIONS OF
ORDINANCE NO. 100 OF THE CITY OF DANIA, FLORIDA, AS
SUBSEQUENTLY AMENDED; AND PROVIDING THAT ALL ORDINANCES
OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
i Regular Meeting 3 September 11 , 1984
a r g e
i
0
i
f
Building Official Maxwell reported that continuation of f
this item is requested until after the scheduled meeting !
with the County Planning Council .
A motion was made by Vice-Mayor Bertino, seconded by 4
Commissioner DonLy to continue this item until the next i
regular Commission meeting of September 25, 1984. The
motion passed unanimously. i
i
1 . 7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING
THAT THE CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA, BE AMENDED BY ADDING A SECTION TO BE NUMBERED
11 -41 TO 11 -47, PROVIDING FOR THE INSTALLATION OF SMOKE
DETECTORS AS A FIRE PREVENTION AND DETECTION MEASURE;
PROVIDING DEFINITIONS ; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE was read for first reading by Mayor Byrd .
I Building Official Maxwell explained that this ordinance
j ( requested by Commissioner Cook) will require smoke
detectors to be installed in Day Care Centers, habitable
i
rooms , facilities for the elderly, in additions to
buildings over 25% of the square footage of the existing
building, in rehabilitations or remodeling over 50% of
the square footage, and in all new buildings in Dania .
A motion was made by Commissioner Cook , seconded by
Commissioner Adams to adopt the ordinance on first
1 reading . The motion passed on the following roll call
�
vote : I
Commissioner Adams-yes Vice-Mayor Bertino-yes
4
Commissioner Cook-yes Mayor Byrd-yes
Commissioner DonLy-yes
2. PRESENTATION - None
m/ 3. BIDS - NONE
4. PUBLIC HEARINGS
Ordinances (second and final reading)
4. 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING
ORDINANCE NO. 268 BY ALLOWING ELECTED PUBLIC OFFICIALS
TO BECOME MEMBERS OF THE CITY OF DANIA AMENDED RETIRE-
MENT PLAN; REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH ; AND PROVIDING FOR AN EFFECTIVE DATE
was read for second and final reading by Mayor Byrd.
Mayor Byrd opened the public hearing . A citizen
questioned whether or not the City would pay for these
retirement benefits and was informed that the plan is
funded by payroll deductions . Hearing no one speak in
favor or opposition, the Mayor closed the public
hearing .
A motion was made by Commissioner DonLy, seconded by E
Vice-Mayor Bertino to adopt the Ordinance amending
Ordinance No . 268 by allowing elected public officials
to become members of the City of Dania amended
retirement plan on second and final reading . The motion
passed on the following roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-yes I . .
Commissioner Cook-yes Mayor Byrd-yes
Commissioner DonLy-yes
.1 Regular Meeting 4 September 11, 1984
f4
G vlDr'
(000�)
i
++I
I
4. 2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING THE 1
DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS f
DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA P
ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE
NO . 04-84, TO PROVIDE THAT PHASE. I OF THE PROJECT SHALL j
CONSIST OF A 250 ROOM HOTEL, A 60,000 SQUARE F00T OFFICE i
BUILDING, AND A 250,000 SQUARE F00T DESIGN CENTER
SHOWROOM BUILDING, AND THAT PHASE II SHALL CONSIST OF A
250,000 SQUARE FOOT DESIGN CENTER SHOWROOM BUILDING, A
120,000 SQUARE F00T OFFICE BUILDING AND A PARKING DECK
OF 235 PARKING SPACES; APPROVING A REVISION IN THE
PHASING SCHEDULE FOR THE HOTEL AND OFFICE BUILDING IN
PHASE I ; PROVIDING THAT ALL TERMS AND CONDITIONS OF THE
DEVELOPMENT ORDER SHALL REMAIN IN FULL FORCE AND EFFECT,
EXCEPT AS AMENDED BY THIS ORDINANCE; PROVIDING THAT THIS
ORDINANCE SHALL PREVAIL IN EVENT OF CONFLICT WITH OTHER
ORDINANCES OR RESOLUTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE,
I
City Manager Marant explained that the Attorney
representing the Design Center of the Americas has
requested a continuation of this item .
I �
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Cook to continue the second and final
reading of this ordinance until the next regular
Commission meeting of September 25, 1984 . The motion
passed unanimously.
Resolutions
4. 3 The title of a RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AS REQUIRED BY THE CITY CHARTER AND SECTION 200.065,
FLORIDA STATUTES, APPROVING THE PROPOSED MILLAGE RATE
NECESSARY TO BE LEVIED FOR THE FISCAL YEAR 1984-1985;
AND PROVIDING FOR A PUBLIC HEARING WHEN OBJECTIONS
THERETO WILL BE HEARD AND QUESTIONS CONCERNING SAME WILL
BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE was read by Mayor Byrd .
Mayor Byrd opened the public hearing. Hearing no one
speak in favor or opposition, the Mayor closed the
public hearing .
i
City Attorney AdLer quoted from the Language of the
Resolution approving a proposed miLlage rate of 5. 239
and establishing a public hearing for final adoption of
# the miLlage rate on September 25, 1984.
A motion was made by Commissioner Cook, seconded by
Commissioner Donly to adopt the Resolution approving the
proposed 1984-85 miLlage rate . The motion passed on the
3J following roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
7 Commissioner Donly-yes
4. 4 The title of a RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AS REQUIRED BY THE CITY CHARTER AND SECTION 200. 065,
I FLORIDA STATUTES, APPROVING ITS TENTATIVE ANNUAL BUDGET
FOR THE FISCAL YEAR 1984-1985; AND PROVIDING FOR A
PUBLIC HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND
QUESTIONS CONCERNING SAME WILL BE ANSWERED; AND
REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN ;.
I CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE I
was read by Mayor Byrd.
4
t €
Regular Meeting 5 September 11 , 1984
Sa�N
i
�i
t
" i
ll, '
j
I
City Attorney Adler quoted from the Language of the
Resolution approving the tentative 1984-85 annual budget
and establishing a public hearing for final adoption of
the budget on September 25, 1984.
Mayor Byrd opened the public hearing . Hearing no one
speak in favor or opposition, the Mayor closed the
public hearing .
i
A motion was made by Commissioner Adams, seconded by
Vice-Mayor Bertino to adopt the Resolution approving the
tentative 1984-85 annual budget . The motion passed on
the following roll call vote :
i
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
Variances
4. 5 PZ-20-84, Michael L. Thomas , 1601 Griffin Road .
I Building Official Maxwell reported that the Planning and
Zoning Board recommended that this item be continued
1 until after its next meeting for purposes of procedure
clarification .
A motion was made by Vice-Mayor Bertino, seconded by
I
Commissioner Cook to remand this item back to the
Planning and Zoning Board . The motion passed
i
unanimously .
4. 6 PZ-46-84, David T. Taylor and Leonard Alexander, d/b/a
LinehauL Assoc ., 301 SW 14th Street .
lW_
Leonard Alexander stepped forward to request a variance
to construct a duplex on a lot of insufficient width in
an RD6000 (duplex ) zoning classification .
i
Building Official Maxwell explained that the Lot is 50 '
wide instead of the required 60 ' but that the depth of
the Lot makes up the required square footage and
reported that all setback requirements are met and the
v P&Z Board recommends approval of the request .
Mayor Byrd opened the public hearing . Hearing two
citizens speak in opposition, the Mayor closed the
public hearing .
A motion was made by Vice-Mayor Bertino to deny the
variance request for failure to show a hardship . The
motion died for lack of a second .
The petitioners explained that the Lot they bought a
year ago was advertised as duplex property and upon
calling City Hall , they were advised that the property
1 was zoned duplex . They stated that it did not occur to
them to check for a contradictory City ordinance
requirement .
City Manager Marant commented on the need for direction
to be given to the Building Dept . regarding 50 ' wide
Lots in duplex zoned areas . City Attorney Adler stated
for the record that a single family home also cannot be
built on a 50 ' wide Lot in duplex zoned areas without a
variance.
Commissioner Donly commented that it is a hardship
imposed by the City to zone an area duplex and then say
that a duplex cannot be built on a Lot in that area even i
though the Lot contains the square footage required .
>s
Regular Meeting 6 September 11 , 1984
�. tt
__ .. ._w._.. _. �......._
1
r
A motion was made by Commissioner DonLy, seconded by
Commissioner Adams to approve the variance request by
David T. Taylor and Leonard Alexander d/b/a LinehauL
Assoc .
During discussion, Commissioner Cook commented on the
need to ensure that proper landscaping requirements are
met and suggested that a workshop meeting be called to
discuss the zoning ordinance.
A substitute motion was made by Vice-Mayor Bertino to
table the variance request until after the zoning
ordinance problem with regard to lots of insufficient
front footage is resolved . The motion failed on the
following roll call vote :
Commissioner Adams-no Vice-Mayor Bertino-yes
Commissioner Cook-no Mayor Byrd-no
Commissioner DonLy-no
The original motion to approve the variance request i
passed on the following roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-no
Commissioner Cook-yes Mayor Byrd-yes
Commissioner DonLy-yes
4. 7 PZ-47-84, Nancy S . Dawkins , "Hanson & Nelson
Subdivision", NW 3rd Place and NW 5th Avenue .
Nancy Dawkins stepped forward to request a variance to
allow construction of a duplex in an RD6000 (duplex )
zoning classification on a lot of insufficient width and
insufficient square footage, explaining that the
property involved has been family owned for years .
4
Building Official Maxwell reported that this is actually
two 251 Lots and that the petitioner wishes to replace
with a duplex the 3 small frame buildings that
previously existed but have been demolished. He stated
that the Planning and Zoning Board recommends approval
of the request .
Mayor Byrd opened the public hearing . Hearing comments
in favor and in opposition, the Mayor closed the public
j
hearing.
During discussion, Vice-Mayor Bertino commented that in
3 this case a hardship definitely exists because the
property was family owned prior to the time the
{i ordinance changing width requirements came into effect .
i A motion was made by Vice-Mayor Bertino, seconded by
iCommissioner DonLy to grant the variance request by
ii Nancy S . Dawkins . The motion passed on the following I
roll call vote :
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner DonLy-yes
4. 8 PZ-48-84, Nancy S. Dawkins and Myron Dawkins, "Hanson &
Nelson Subdivision", NW 3rd Terrace and NW 5th Avenue.
Nancy S . Dawkins stepped forward to request a variance l
I to allow construction of a duplex in an RD6000 (duplex )
zoning classification on a lot with insufficient width ,
square footage and insufficient street side set-backs, ks
explaining that this property has been family owned for "-
f;Y Regular Meeting 7 September 11 , 1984 t ,
1 C F ^
M
1
4
i
i
j
many years and that she demolished the 5 small frame i
buildings that existed and wishes to replace them with
the duplex . She further explained that the architect is
working with the building department to resolve the !
set-back problem and that the Planning and Zoning Board
recommends approval of the request .
Mayor Byrd opened the public hearing . Hearing Bob Mikes
speak in opposition, the Mayor closed the public
hearing .
A motion was made by Commissioner Donly, seconded by
Commissioner Cook to approve the variance request by
Nancy S. Dawkins and Myron Dawkins, contingent on
resolution of the set-back problem to the satisfaction
of the Building Department . The motion
fottowing roll tali vote : Passed on the
Commissioner Adams-yes Vice-Mayor Bertino-yes
Commissioner Cook-yes Mayor Byrd-yes
Commissioner Donly-yes
1 5. VACATION OF RIGHT OF WAY
5 . 1 PV-42-84, Walter B. Duke, Jr . , Trustee, "DougLas Hill
iSubdivision, SW 1st Street .
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner DonLy to continue this item until the '.-
Commission meeting scheduled for October 9, 1984.
6, SPECIAL EXCEPTIONS
f6. 1 PZ-44-84, Danna Davis, Davcar Corp . , Cafe del Opera, 246
N. Federal Highway.
i
Robert Carter, Vice-President of Davcar Corp., stepped
forward to request a special exception to allow
f{ entertainment consisting of piano and singing of j
showtunes and operatic arias .
I
Mayor Byrd opened the public hearing . Hearing no one
speak in favor or opposition, the Mayor closed the
public hearing .
d A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to grant the special exception
request to Davcar Corp., ( Cafe del Opera) , for a period
of one year with the provision that those entertaining
be j properly attired. The motion passed unanimously.
7. APPROVALS
Relocation
7. 1 Request by Hertz Corp ,, to install an illuminated pole
sign at the entrance of their new customer service
facility at Fort Lauderdale-Hollywood International
Airport , per the requirements outlined by the Authority .
Pam Rubin , of The Sign Shop, and Joe Collins, of Hertz
Corp . stepped forward to request approval of the
temporary installation of an illuminated pole sign to
guide customers to the car return location.
A motion was made by Commissioner Donl
Commissioner Cook to a temporary
seconded at
approve the tem orar installation
of the Hertz pole sign, subject to the terms and {
conditions outlined in the Letter dated August 27, 1984,from the Airport Expansion Project Office to Hertz Corp.
v ,
The motion passed unanimously.
i
n Regular Meeting 8 September 11, 1984
w r i �
+sn
1
Y » t
i
44
'I
r'r lrll,l�rll Aln andm rnt i
r;c! uret t b> D uAe 5 Puke Development , Inc . , for an
amendment to the cit , of Dania land use plan which would
Allow a hotet to he decetoped on the NE quadrant of j
St I I' t ln� Rlr,i,i and l -Jti .
A oti ,•n w.i, made h, Commissioner Donly, seconded by
"Co -Na, ,• r heron; t ," con: roue the request for amendment
t , Cho lan,i of
use an l'uc• CJ the `9: C C '`a' C`?2 r2gU25C 15
110C 1J1` Mdi n;1oe ,` , , ;,n rl j S S j . 1c`
i . '
. .gun • „ - . . : c . . .r. . ' - - - . . .. : - : - ' - - -
to
!
to
J
r - •` ' ?.
� r
VAN
t
•1
1
j
A motion was made by Vice-Mayor Bertino, seconded by
Commissioner Adams to direct the City Manager to deny f
the request to Locate a "House of Horrors" at the
Location specified. The motion passed unanimously.
City Manager Marant reported on a Letter received on
August 21, 1984, from the County notifying the City that r
the County is withdrawing any and all support from the
Boisy Waiters Social Services Center . He commented on
the need to review the City ' s posture with regard to the
Boisy Waiters Center property .
12. 2 City Attorney - no comment .
i
13. COMMISSIONERS COMMENTS
13. 1 Commissioner Adams - no comment . I
13. 2 Commissioner Cook - no comment . '
13. 3 Commissioner DonLy - (expressed his comments at the
beginning of the meeting . )
i
13. 4 Vice Mayor Bertino - no comment .
1
13. 5 Mayor Byrd commented on the County ' s withdrawal of
support from the Boisy Waiters Social Services Center
and suggested declaring the property surplus and moving
the social services program, possibly near ModeLlo Park .
14. CITIZENS ' COMMENTS
No verbal or written requests for citizens ' comments for
this night ' s meeting were received.
A motion was made and seconded to adjourn this Commission meeting.
The motion passed unanimously . '
i
1
MAYOR-COMMIS IO E
� 1
CITY CLERK-AUDITOR
J
{itti Regular Meeting 10 September 11, 1984 1tfi
t
f4�� x
i
r
AGENDA
DANIA CITY COMMISSION
REGULAR MEETING
SEPTEMBER 11 , 1984
8 : 00 P.M .
INVOCATION -
i
PLEDGE OF ALLEGIANCE
ROLL CALL
CONSENT AGENDA
Minutes
1 . 1 Regular Commission Meeting, August 28, 1984
Ordinances (First Reading )
1 .2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO-WIT : THE W 1/2 OF THE NW 1/4
OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 50
SOUTH, RANGE 42 EAST ; AND THE NE 1/4 OF THE SE 1/4 OF THE SE
1/4 OF SECTION 33, AND THE E 1/2 OF THE NW 1 /4 OF THE SE 1/4
OF THE SE 1/4 OF SECTION 33, TOWNSHIP 50 SOUTH, RANGE 42
EAST, BROWARD COUNTY, FLORIDA, LESS CANAL RIGHT-OF-WAY,
RECORDED IN OFFICIAL RECORD BOOK 1246 AT PAGE 220, OF THE
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS
SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, FROM
ZONING CLASSIFICATION OF R-M TO IG ZONING CLASSIFICATION w
UNDER THE PROVISIONS OF ORDINANCE NO . 100 OF THE CITY OF
DANIA, FLORIDA, AS SUBSEQUENTLY AMENDED ; AND PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE .
i 1 . 3 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS, TO WIT ; LOTS 1 , 2, 3, 4, 5, 6, 7, 8, AND
9, BLOCK 21 , TOWN OF DANIA ( FORMERLY TOWN OF MODELLO ) AND
LOTS 17, 18, AND 19, IN PLAT BOOK B, PAGE 49, IN THE PUBLIC
RECORDS OF DADE COUNTY, SAID LANDS SITUATE , LYING AND BEING
IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, FROM ZONING
CLASSIFICATION, C-2 TO C-3 ZONING CLASSIFICATION, UNDER THE
1 FPROVISIONS L O F ORDINANCE N CITY OF ORIDA, ASSUBSEQUENTLYAMENDED ; AND EPROVIDING DTHAT,
ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS i EXTENTOOFRSUCCHUTIONS IN CONFLICT : CANDLICT PROVIDINGITH FORBANREPEALED T
EFFECTIIVEO THE f-
DATE .
t
I
1,
l '
a
{
f
r
q,
I 1
J
1 . 4 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE
PLAT OF "DUKE & DUKE SUBDIVISION" , SAME BEING THE E 112 OF
THE W 1/2 OF THE SE 1/4 OF THE SE 1/4 OF THE SW 1 /4, LESS
THE SOUTH 193 FEET THEREOF, IN SECTION 33, TOWNSHIP 50
SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA ; TOGETHER WITH
ALL THAT PART OF THE NE 1 /4 OF THE SE 1/4 OF THE SW 1/4 OF
SAID SECTION 33 LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF
STATE ROAD NO . 9 ; TOGETHER WITH THE NORTH 351 FEET OF THE
FOLLOWING DESCRIBED PARCEL (AS MEASURED PERPENDICULAR TO THE
NORTH LINE OF SAID PARCEL ) : ALL THAT PART OF THE W 1/2 OF
THE W 1/2 OF THE SE 1/4 OF THE SE 114 OF THE SW 1/2 OF SAID
SECTION 33, LYING EAST OF THE EAST OF THE EAST RIGHT-OF-WAY
LINE OF STATE ROAD N0 . 9, LYING EAST OF THE EAST LIMITED
ACCESS RIGHT-OF-WAY LINE OF SAID STATE ROAD 9, AND LYING
NORTH OF THE NORTH RIGHT-OF-WAY LINE OF STIRLING ROAD . SAID
LANDS CONTAIN 10 . 2656 ACRES, MORE OR LESS . TOGETHER WITH A
NON-EXCLUSIVE PERSONAL EASEMENT FOR INGRESS-EGRESS AND
PUBLIC UTILITIES OVER THE WESTERLY 10 FEET AND OVER THE
SOUTHERLY 10 FEET OF THE ABOVE DESCRIBED PARCEL LYING SOUTH
OF SAID NORTH 351 FEET; SAID LANDS LYING IN DANIA, BROWARD
COUNTY, FLORIDA AND ACCEPTING THE DEDICATION FOR PUBLIC USE
OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT
OF SAID "DUKE & DUKE SUBDIVISION" ; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE
@ DATE .
1 . 5 AN ORDINANCE OF THE CITY OF DANIA FLORIDA, APPROVING THE
PLAT OF "AIRVIEW HOTEL" , SAME BEING THAT PORTION OF TRACT 5
LYING SOUTH OF THE DANIA CUT-OFF CANAL, TOGETHER WITH TRACT
j 16, BLOCK 3, IN SECTION 28, TOWNSHIP 50 SOUTH, RANGE 42
EAST, OF MARSHALL EVERGLADES LAND CO . SUBDIVISION, AS
RECORDED IN PLAT BOOK 11 PAGE 98, OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA ; LESS THAT PORTION USED FOR ROAD
RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 2595, PAGE
614, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA ; AND
LESS THAT PORTION AS DESCRIBED IN OFFICIAL RECORD BOOK 2963,
PAGE 728, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA ;
AND LESS THAT PORTION USED FOR ROAD RIGHT-OF-WAY DESIGNATED
AS PARCEL 9-E, AS SHOWN ON THE BROWARD COUNTY TRANSPORTATION
DEPARTMENT RIGHT-OF-WAY MAP OF GRIFFIN ROAD BOND
PROJECT-04110; SAID LANDS SITUATE, LYING AND BEING IN
BROWARD COUNTY, FLORIDA, SUBJECT TO AN INGRESS AND EGRESS
EASEMENT OVER THE EAST 30 FEET OF THE ABOVE DESCRIBED
PORTIONS OF TRACTS 5 AND 16 ; AND SUBJECT TO AN AVIGATION
EASEMENT OVER A PORTION OF SAID TRACTS 5 AND 16, DESIGNATED
AS PARCEL 9R-3 AS DESCRIBED AND SHOWN ON THE RIGHT-OF-WAY
CLEAR ZONE APPROACH AREA FOR RUNWAY 9-R AS RECORDED IN
MISCELLANEOUS PLAT BOOK 4, PAGE 26, OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA ; CONTAINING 11 . 2 ACRES, 485, 821
SQUARE FEET, MORE OR LESS ; SAID LANDS LYING IN DANIA,
BROWARD
PUBLICUSEE OFYA FLORIDA -
LLSTREETSANHIGHWAYSIANDTALLEYSI ASISHOWNRON
SAID PLAT OF SAID AIRVIEW HOTEL" ; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE
EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR AN EFFECTIVE
DATE .
1 . 6 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE
FOLLOWING DESCRIBED LANDS,
OF OF " DOUGLAS HILL " ACCORDINGWTO THEOTPLATTTHERE17,OF
ASOCK 1
RECORDED IN PLAT BOOK 12, PAGE 45 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA, LESS THE SOUTH 28 FEET OF LOTS 11,
12, 13, AND 14, BLOCK 1, AND LESS THE EAST 5 FEET OF LOT 11 -
SAID LANDS SITUATE, LYING AND BEING
FLORIDA, FROM IN BROWARD COUNTY,
ZONING
CLASSIFICATION UNDER THESPROVIS ICATION OF
THE CITY OF DANIA IONS OF ORDINANCE N0 . 100 OF
FLORIDA S, , 2 NA C-2 ZONING
ENDED ; AND
PROVIDING THAT ALL ORDINANCESORUPARTSSEQUEOFLORDIINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN REPEALED TO THE EXTEN CONFLICT HEREWITH BE
T OF SUCH CONFLICT ; AND PROVIDING FOR
AN EFFECTIVE DATE .
1 • 7 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, PROVIDING THAT
AMENDED BING SECTION TO BETHE CODE OF ORDINANCES OF THE CITY OF DANIAED , FLORIDA, BE
PROVIIDIINGYFORDTHE INSTALLATION OF SMOKKERDETECTORSTASIA-47
FIRE
PREVENTION AND DETECTION MEASURE ; PROVIDING DEFINITIONS ;
PROVIDING FOR SEVERABILITY ; PROVIDING FOR CODIFICATION; AND
PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
REPEALED TO THE EXTENT OF SUCH CONFLICT ; AND PROVIDING FOR
AN EFFECTIVE DATE .
2 • PRESENTATION - None
3 . BIDS - NONE
4 • PUBLIC HEARINGS
Ordinances ( second and final reading )
4 . 1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING
ORDINANCE N0 .
268 BY
BECOME MEMBERS OF THE ACITY IOF DANIAEAMENDEDPUBLCREOFFICIALS
TIREMENT TO PLAN ; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH ; AND PROVIDING FOR AN EFFECTIVE DATE .
4 .2 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING THE
i
DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS
DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA
ORDINANCE NO. 20, AS AMENDED BY CITY OF DANIA ORDINANCE N0 .
04-84, TO PROVIDE THAT PHASE I OF THE PROJECT SHALL CONSIST
OF A 250 ROOM HOTEL, A 60, 000 SQUARE FOOT OFFICE BUILDING,
AND A 250, 000 SQUARE FOOT DESIGN CENTER ROOM BUILDING
,
AND THAT PHASE II SHALL CONSIST OF A 250 SHOWROOM
SQUARE FOOT
DESIGN CENTER SHOWROOM BUILDING, A 120, 0
OFFICE BUILDING AND A PAR 00 SQUARE FOOT
KING DECK OF 235 PARKING SPACES ;
APPROVING A REVISION IN THE PHASING SCHEDULE FOR THE HOTEL
AND OFFICE BUILDING IN PHASE I ; PROVIDING THAT ALL TERMS
AND CONDITIONS OF THE DEVELOPMENT ORDER SHALL REMAIN IN
FULL FORCE AND EFFECT, EXCEPT AS AMENDED BY THIS ORDINANCE ;
PROVIDING THAT THIS ORDINANCE SHALL PREVAIL IN EVENT OF
CONFLICT WITH OTHER ORDINANCES OR RESOLUTIONS ; PROVIDING
FOR SEVERABILITY ;
PROVIDING FOR AN EFFECTIVE DATE .
i�
i
J
9
Resolutions
4 . 3 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY
THE CITY CHARTER AND SECTION 200 . 065, FLORIDA STATUTES,
APPROVING THE PROPOSED MILLAGE RATE NECESSARY TO BE LEVIED
FOR THE FISCAL YEAR 1984-1985 ; AND PROVIDING FOR A PUBLIC
HEARING WHEN OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS
CONCERNING SAME WILL BE ANSWERED ; AND REPEALING ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ;
AND PROVIDING FOR AN EFFECTIVE DATE .
4 . 4 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AS REQUIRED BY
THE CITY CHARTER AND SECTION 200 . 065, FLORIDA STATUTES,
APPROVING ITS TENTATIVE ANNUAL BUDGET FOR THE FISCAL YEAR
1984-1985 ; AND PROVIDING FOR A PUBLIC HEARING WHEN
OBJECTIONS THERETO WILL BE HEARD AND QUESTIONS CONCERNING
SAME WILL BE ANSWERED; AND REPEALING ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ; AND PROVIDING
FOR AN EFFECTIVE DATE .
i Variances
4 . 5 PZ-20-84, Michael L . Thomas , 1601 Griffin Road .
4 . 6 PZ-46-84, David T . Taylor and Leonard Alexander, d/b/a
Linehaul Assoc . , 301 SW 14th Street . G
4 . 7 PZ-47-84, Nancy S . Dawkins, " Hanson & Nelson Subdivision " ,
NW 3rd Place and NW 5th Avenue .
4 .8 PZ-48-84, Nancy S . Dawkins and Myron Dawkins "Hanson &
Nelson Subdivision" , NW 3rd Terrace and NW 5th Avenue .
5 . VACATION OF RIGHT OF WAY
5 . 1 PV-42-84, Walter B . Duke, Jr . , Trustee, " Douglas Hill
Subdivision, SW Ist Street .
6 . SPECIAL EXCEPTIONS
6 . 1 PZ-44-84, Danna Davis, Davcar Corp . , Cafe del Opera, 246 N .
Federal Highway .
7 . APPROVALS
-9•,6 ! Relocation
7 . 1 Request by Hertz Corp . , to install an illuminated pole
sign at the entrance of their new customer service facility
at Fort Lauderdale-Hollywood International Airport , per the
requirements outlined by the Authority .
Proposed Amendment
7 . 2 Request by Duke & Duke Development , Inc . , for an amendment
to the City of Dania land use plan which would allow a
hotel to be developed on the NE quadrant of Stirling Road
and I -95 .
I:
i
2
i
r
I
8 . OCCUPATIONAL LICENSES
8 . 1 American Legion Dania Post 304 . Permit for Yard Sale .
9 . AGREEMENTS - NONE
10 . PROPOSALS - NONE
11 . DISCUSSION
12 . ADMINISTRATIVE REPORTS
12 . 1 City Manager
12 . 2 City Attorney
13 . COMMISSIONERS COMMENTS
13 . 1 Commissioner Adams
13 .2 Commissioner Cook
13 . 3 Commissioner Donly
13 .4 Vice Mayor Bertino
13 . 5 Mayor Byrd
14 . CITIZENS ' COMMENTS - Comments by Dania Citizens or interesed part-
ies that are not a part of the regular agenda should be given in
writing or communicated verbally prior to 4 : 00 p .m . the second
( 2nd ) and fourth ( 4th ) Tuesdays 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 . *Emergencies may be given to the Mayor, a City
Commissioner or the City Manager prior to the beginning of the
meeting .
------------------------------------------------------------------- --
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.
i
F
i
i
i
I t
I
'I
4
1
j p
i
3 L
I
J
t C a
ADDENDUM
DANIA CITY COMMISSION
SEPTEMBER 11, 1984
8:00 P.M.
7. APPROVALS
Proposed Amendments (Continued)
7.3 Request by Pag Brothers, Inc. , for an amendment to the City of
Dania Land Use Plan which would allow the construction of ware-
houses, and office space.
i
11. DISCUSSION
11. 1 Request by Robert Mikes for discussion regarding West Lake purchase.
i
i
i'
I
i
I
!
i
I
I
f
I
1
y tv
1 �