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HomeMy WebLinkAboutNULL (154) zj i MINUTES DANIA CITY COMMISSION REGULAR MEETING OCTOBER 22, 1985 INVOCATION - FATHER O'CONNOR PLEDGE OF ALLEGIANCE ROLL CALL: Present - Mayor: John Bertino Vice Mayor: Chester A. Byrd Commissioners: Jean Cook Howard Hirsch Charles McElyea City Attorney: Frank Adler City Manager: Eugene Jewell City Clerk: Wanda Mullikin Acting Police Chief: Tim Cates Building Official: Paul Maxwell 1 • CONSENT AGENDA Bills 1 .1 Bills for the months of June, July & August , 1985. Ordinances ( First Reading) - none A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to approve the consent agenda . The motion passed unanimously. I f 2 . PROCLAMATIONS - none f i 3 . BIDS (Received by 8 :15 p.m. ) (Addressed after item 4 .1-B) i j * 3 .1 Receipt of bids for the work contained in the project "N.W. 1st I Street Roadway and Drainage Improvements; Year X Block Grant" - Project No. 83-116 . i A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to close the receiving of bids. The motion passed unanimously. City Manager Jewell read the following sealed bid (only one received) : from All Rite Pavin $154,270.29. 9, with bid bond attached, for A motion was made by Commissioner Cook, seconded by Commissioner McElyea to remand the bid to the City Manager for review and recommendation at the next Commission meeting of November 12, 1985 . Commissioner Hirsch commented in objection to considering a single bid. The motion passed on a 4-1 vote, i with Commissioner Hirsch voting nay. 4 . PUBLIC HEARINGS AND OTHER RELATED MATTERS i BUILDING DEPARTMENT APPLICATIONS 4.1 PETITIONER/OWNER - JACQUES AND SUSAN GALLF.T A. Public Hearin inal (RZ-56-85) A rezoning nrequest ance eton change d and Ffrom Reading (Residential) to C-4 (Commercial) ; property generally 1 located at 1150 Stirling Rd . , Dania. i Regular Commission Meeting 1 October 22, 1985 t " '> A representative of the petitioner stepped forward to explain the rezoning request regarding phase 2 of the construction project . The P&Z Board recommended denial of the request and Staff recommended approval. Mayor Bertino opened the public hearing. Hugo Renda and Tony Stevens spoke in favor; Skip Ahalt and Kurt Ely questioned the choice of C-4 rather than IG or C-3 ; Kurt Ely questioned the procedure followed subsequent to P&Z Board denial , quoting from the Code of Ordinances . City Attorney Adler determined that the procedure followed was proper. Hearing Audrey Cassese and Bob Mikes speak in opposition to the C-4 zoning on the basis that it could allow the possible granting of truck terminal special exception uses in the future, the Mayor closed the public hearing. Jacques Gallet responded to the comments, stating that the building site plan should show that a truck terminal is not intended . An ordinance rezoning the W 1/2 of the SW 1/4 of the SW 1/4 of the SW 1/4 of Section 34 , Township 50 S , Range 42 E, less the N 25 ' and less that portion lying within the S 340 ' of the south line of said Section 34 , containing 2 .352+ acres , from R-M to C-4 zoning classification was read for second and final reading by City Attorney Adler. After discussion, a motion was made by Commissioner Hirsch, seconded by Commissioner Cook to adopt the rezoning ordinance, specifying that C-3 zoning classification is granted instead of the C-4 originally requested. The motion passed on the �r following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes j Commissioner McElyea-yes After determining that a special exception to C-3 would now be necessary, a motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to reconsider the adoption of the ordinance * � rezoning (RZ-56-85 ) to C-3 . The motion passed unanimously. A motion was then made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the ordinance rezoning (RZ-56-85 ) from R-M to C-4 zoning classification on second and final reading. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes B. Land Use Flex Change (LUF-57-85 ) A request for a Land Use Flex Change (2 .35 acres) as per 58 flex rule; property generally located at 1150 Stirling Road in Dania . A motion was made by Vice Mayor Byrd , seconded by Commissioner Cook to grant the Land Use Flex Change (LUF-57-85 ) to Jacques and Susan Gallet. The motion passed unanimously. E ' (At this time, agenda item 3 . 1 was addressed . ) C. Site Plan Approval (SP-17-85 ) A Site Plan approval request for a proposed commercial/warehouse building; property located at 1150 Stirling Road . 1 IA motion was made by Vice Mayor Byrd, seconded by Commissioner Cook to grant site plan approval (SP-17-85 ) to Jacques and Susan Gallet. The motion passed unanimously. i { Regular Commission Meeting 2 October 22, 1985 jj 4 . 2 PETITIONER/OWNER - LINDA HARSINr M ONNIF, LF.VIN AND LINDA KAY I I A. Public Hearing - Variance Request (VA-60-85) A variance request to allow a 20 ' front setback { (25 ' required) to construct a room addition in an RD 6000 district; property located at 342 SW 1st Ave . in Dania. i i Linda Kay stepped forward to request a variance to enlarge an 1 existing house . The P&Z Board recommended approval . I { Mayor Bertino 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 Cook , seconded by Vice Mayor Byrd to grant the variance request (VA-60-85 ) to Linda Harsin , Monnie Levin and Linda Kay. The motion passed unanimously. 4 .3 PETITIONER: MARINE CONVERSIONS , INC. ; OWNER: GEORGE FILIPI A. Public Hearing - Variance Request (VA-45-85) A variance request to construct a 50 sq. ft . pole sign ( a) off-site , and (b) on a parcel which currently contains one sign; property located at 167 N. Fed. Hwy. , on the SE corner of Fed. Hwy. & NW 2nd St. i A representative of Marine Conversions, Inc. stepped forward to ' explain the two-part variance request. The P&Z Board recommended denial . Mayor Bertino opened the public hearing. Hearing Gloria Daly, Audrey Cassese , and Vincent Carroll speak in opposition, and hearing Kurt Ely comment that the variance request does not meet the criteria quoted from the Code of Ordinances , the Mayor closed the public hearing . j A motion was made by Vice Mayor Byrd , seconded by Commissioner McElye,i to deny variance request (VA-45-85) to Marine Conversions, Inc./George Filipi . The motion to deny passed unanimously. 4 .4 PETITIONER/OWNER - RITA SHAW i �. A. Public Hearing - Ordinance (Second and Final Reading) (RZ-80-85 ) A rezoning request to change from IG (Industrial General) to IRO ( Industrial Research Office) ; property located S/o proposed Griffin Rd. Extension and N/o Dania Cutoff Canal at 704 N. Fed . Hwy. An ordinance rezoning a portion of the N 1/2 of the NE 1/4 of Sec. 34 , Township 50 So. , Range 42 East, containing 14 .3701+ acres, from I-G to IRO zoning classification was read for second and final reading by City Attorney Adler. Joel Gustafson, Attorney, representing the petitioner, stepped forward to explain the rezoning request, related land use flex j change request and special exception request for a car rental facility. Mayor Bertino opened the public hearing. Craig Leonard I commented that he would like to see a more extensive buffer area, and Joel Gustafson responded that a 6 ' berm higher than the parking level would be provided on the site plan. Fred Gunther commented that the trees should not be cut down. Hearing Bob Mikes suggest that a site plan showing an acceptable buffer area be a requirement of the special i exception, the Mayor closed the public hearing . A motion was made by Commissioner Cook, seconded by I Commissioner Hirsch to adopt the ordinance rezoning (RZ-80-85 ) L from IG to IRO zoning classification on second and final reading. The motion passed on the following roll call vote: r.. Regular Commission Meeting 3 October 22 , 1985 3„ I r Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes i Commissioner McElyea-yes i B. Public Hearing - Special Exception (5E-81-85) A special exception request for Car Rental I Facility; property located S/o proposed Griffin Rd . Ext. and N/o Dania Cutoff Canal at 704 N. Fed . Hwy. Building Official Maxwell reported that the P&Z Board recommended approval subject to 1 ) Review of Traffic Study ( received 9/30/85) and 2 ) F.A.A. Height Requirements. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to grant the special exception (5E-81-85 ) to Rita Shaw subject to review of the traffic study, E.A.A. height requirements , and a committee of concerned citizens to make recommendations on the site plan. The motion passed unanimously. S C. Land Use Flex Change (LUF-82-85 ) A request for Land Use Flex Change under the 20% flex rule; property located S/o proposed Griffin Rd. Ext . & N/o Dania Cutoff Canal at 704 N. Fed . Hwy. < A motion was made by Commissioner Hirsch, seconded by Vice Mayor Byrd to grant the Land Use Flex Change ( LUF-82-85 ) to Rita Shaw. The motion passed unanimously. . ** (At this time, agenda item 10 . 2 was addressed . ) 4 .5 PETITIONER: JAMES E. MAURER; OWNER: CHRISTINE VITOLO A. Public Hearing - Ordinance (Second and Final Reading) (RZ-64-85 ) A rezoning request to change from IG ( Industrial General ) to IRO ( Industrial Research Office) ; property located at 2010 NE 7th Ave. Jim Maurer, representing the property owner, stepped forward to explain the rezoning request, related land use flex change request and special exception request for an office facility. Mayor Bertino opened the public hearing. In response to questions by Bob Mikes regarding the intended building usage, Mr. Maurer presented a conceptual site plan. Hearing Morris Schockett speak in favor , the Mayor closed the public hearing. An ordinance rezoning a portion of Parcels B and C "Port Everglades Commerce Center" , containing 19 . 3451+ acres, from I-G to IRO zoning classification was read for second and final reading by City Attorney Adler. A motion was made by Commissioner Cook , seconded by Commissioner McElyea to adopt the rezoning ordinance (RZ-64-85 ) on second and final reading. The motion passed on the following roll call vote: e t sCommissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes ! Commissioner McElyea-yes B. Public Hearing - Special Exception (5E-65-85 ) A special exception request for an 1 approximately 85 ,000 sq. ft . office facility; property located at 2010 NE 7th Ave. The P&Z Board recommended approval subject to 1 ) Review of Traffic Study and 2 ) F.A.A. Height Requirements. Regular Commission Meeting 4 October 22, 1985 I � Building Official Maxwell reported that review of the traffic jstudy has been satisfactorily complied with. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing . A motion was made by Commissioner Hirsch, seconded by Commissioner Cook to grant the special exception (5E-65-85) to Christine Vitolo subject to F .A.A. height requirements. The motion passed unanimously. C. Land Use Flex Change (LUF-84-85) A land use flex change request to assign 3 .8+ acres of Commercial Flex acreage , subject to determination of major employment center; property located at 2010 NE 7th Ave. Mr. Maurer pledged cooperation with City Staff regarding determination of major employment center. 1 A motion was made by Vice Mayor Byrd , seconded by Commissioner Cook to grant the Land Use Flex Change (LUF-84-85 ) to Christine Vitolo. The motion passed unanimously . D. Public Hearing - Variance Request (VA-75-85) A variance request to construct an j Industrial-Office Warehouse Building with 791 parking spaces ( 915 spaces required) ; property located at 2010 NE 7th Ave. Mr. Maurer described the hardship necessitating the variance request. The P&Z Board recommended approval . Mayor Bertino opened the public hearing. Hearing Bob Mikes comment on landscaping , and hearing Mr. Chris Vitolo respond to Hugo Renda' s comments in opposition to reduced parking, the Mayor closed the public hearing. A motion was made by Commissioner Cook , seconded by Vice Mayor Byrd to grant the variance request (VA-79-85) to James E. Maurer/Christine Vitolo. The motion passed on a 4-1 vote, Commissioner Hirsch voting nay. E. Site Plan Approval (SP-20-85 ) A site plan approval request for an Industrial-Office Warehouse Building; property located at 2010 NE 7th Ave. A motion was made by Vice Mayor Byrd, seconded by Commissioner McElyea to grant site plan approval (SP-20-85) to James E. Maurer/Christine Vitolo. The motion passed on a 4-1 vote, Commissioner Hirsch voting nay. 4 .6 PETITIONER: JIM MCLAUGHLIN; OWNER: NICHOLAS PASQUARIELLO A. Public Hearing - Ordinance (Second and Final Reading) I (PL-74-85) A plat approval request for "Nisa Plat" (containing 14+ acres) ; property located E/o Taylor Rd. Ext . & S/o Eller Dr. i Bob McLaughlin, representing the petitioner, stepped forward to request plat approval for "Nisa Plat" . Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. An ordinance approving the plat of "Nisa Plat" was read for second and final reading by City Attorney Adler. \ L � j October 22 , 1985 Regular Commission Meeting 5 I I•I �1 I ' A motion was made by Vice Mayor Byrd, seconded by Commissioner Hirsch to adopt the ordinance approving the plat of "Nisa Plat" (PL-74-85 ) on second and final reading, contingent upon confirmation of D.O.T. granting access and utility easements. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i 4 .7 PETITIONER: JIM MCLAUGHLIN; OWNER: JOHN BOND A. Public Hearing - Ordinance (Second and Final Reading) (PL-76-85 ) A plat approval request for "James Bond Plat" ( containing 4 .34+ acres) ; property located E/o Taylor Rd. Ext . & S/o Eller Dr. An ordinance approving the plat of "James Bond Plat" was read for second and final reading by City Attorney Adler. Mayor Bertino opened the public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook , seconded by Commissioner Hirsch to adopt the ordinance approving the plat of "James Bond Plat" (PL-76-85 ) on second and final reading, contingent upon confirmation of D.O.T. granting access and utility easements . The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes B . Public Hearing - Ordinance ( Second and Final Reading) (PL-75-85 ) A plat approval request for "Pegasus Executive Plat" (containing 22 . 0389+ acres) ; property located E/o Taylor Rd. Ext . & S/o Eller Dr. i An ordinance approving the plat of "Pegasus Executive Plat" was read for second and final reading by City Attorney Adler. Mayor Bertino opened the public hearing . Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Vice Mayor Byrd, seconded by Commissioner McElyea to adopt the ordinance approving the plat of "Pegasus Executive Plat" on second and final reading. The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes 4 .8 PETITIONER: MARGARET M. MEAGHER; OWNER: LEONARD LOFFLER A. Public Hearing - Special Exception (SE-83-85 ) A special exception request for entertainment use (piano, vocalist, drummer) ; property located at 625 E. Dania Beach Blvd . I Margaret Meagher stepped forward to explain the request for a special exception to allow entertainment at 625 E. Dania Beach Blvd. +C Mayor Bertino opened the public hearing . Hearing comments in i favor, the Mayor closed the public hearing. t ` The P&Z Board recommended approval subject to certain conditions. Regular Commission Meeting 6 October 22 , 1985 i I a i A motion was made by Commissioner Hirsch , seconded by Commissioner McElyea to grant the special exception (SE-83-85 ) to Margaret M. Meagher/Leonard Loffler subject to the following conditions : Piano only, Sunday thru Thursday; Band and singer, Friday and Saturday, from 9 :00 p.m. until 1 :00 a.m. only; no nude or semi-nude entertainment; and for one year time period only. 1 4 .9 PETITIONER: CITY OF DANIA A. Public Hearing - Ordinance (Second and Final Reading) (LU-47-85 ) Request to amend the boundary of Flex Zones 58 and 83 so that the new boundary coincides with the Dania City Limits. An ordinance amending the Land Use Plan of the City of Dania covering the area bounded on the N. by State Rd. 84 , on the S . by Stirling Rd . , on the E. by the Seaboard Airline Railway and on the W. by the E. right of way line of Ravenswood Rd. , to include previously annexed lands at the same land use designation as shown on the Unincorporated Area Land Use Plan at the time of annexation and to request the Broward County Planning Council to amend the boundaries of flex zones 58 and 83 to coincide with the Dania City Limits was read for second and final reading by City Attorney Adler. Mayor Bertino opened a public hearing. Hearing no one speak in favor or opposition, the Mayor closed the public hearing. A motion was made by Commissioner Cook , seconded by Vice Mayor Byrd to adopt the ordinance (LU-47-85) on second and final reading. The motion passed on the following roll call vote: x_ Commissioner Cook-yes Vice Mayor Byrd-yes Commissioner Hirsch-yes Mayor Bertino-yes Commissioner McElyea-yes i 5 . ADMINISTRATIVE (Public Hearings) - none j 6 . OCCUPATIONAL LICENSES - none i rs.naF 7 . SPECIAL REQUESTS - none i 8 . SPECIAL APPROVALS - none ` 9 . APPOINTMENTS - none 10 . DISCUSSION 10.1 Discussion and possible action concerning appointment of Code Enforcement Board Attorney. City Manager Jewell explained that Leonard Stolar was appointed by the Commission to serve as Code Enforcement Board Attorney at no fee for a period of six months, the six month term has expired, and Staff is recommending that the Commission approve a $50 .00 per hour fee for Mr. Stolar to continue serving the Code Enforcement Board as Attorney. A motion to table was made by Commissioner Hirsch . The motion passed on the following roll call vote: Commissioner Cook-yes Vice Mayor Byrd-yes {{� { Commissioner Hirsch-yes Mayor Bertino-yes i Commissioner McElyea-yes E ** 10 .2 Request from Timothy Campbell , Director of Broward County Aviation Division, to allow Broward County Utilities Division to serve water to those Broward County properties located within the City of Dania. Regular Commission Meeting 7 October 22 , 1985 n ri I. A motion was made by Vice Mayor Byrd , seconded by Commissioner Cook to authorize the Broward County Utilities Division to provide water service to certain airport area property located within the City of Dania. The motion passed unanimously. 11 . ADMINISTRATIVE REPORTS 11 .1 City Manager Jewell commented on the urgent nature of a decision regarding the Code Enforcement Board Attorney. l 11 . 2 City Attorney Adler - no comment . i 12 . COMMISSION COMMENT I 12 . 1 Commissioner Cook asked about the status of the annexed area j regarding utility service. 12 . 2 Commissioner Hirsch asked City Manager Jewell to agenda Pier income and expense figures. 12 .3 Commissioner McElyea commented on the problem of deterioration of landscaping once the certificate of occupancy is obtained. 12 .4 Vice Mayor Byrd commented on impact fees . At Vice Mayor Byrd ' s invitation, Bobbie Grace complimented the Police Department regarding the west side of Dania, expressed the hope that the fine police service continues , and described the community needs of Dania' s west side . Mildred Jones also commented on west side improvement needs. City Manager Jewell responded to the comments, reporting on what is being done and what can be done. Vice Mayor Byrd called for unity within the City. 12 . 5 Mayor Bertino commented on Broward Cable' s discontinuance of service outside the City of Dania . At Mayor Bertino' s invitation, Howard Blackmon commented on loitering and public consumption of alcoholic beverages. 1 13 . CITIZENS ' COMMENTS ' i 13 . 1 Gloria Madden, 225 SW 4th St. , Dania, representing the Senior Citizens Club' s suggestion regarding I .T. Parker Trust. ==•a� Gloria Madden did not appear at this meeting. No other verbal or written requests for citizens' comments for , this night' s meeting were received . This Regular Commission Meeting was then adjourned. MA10R-COMMISSIONER jCITY CLERK-AUDITOR 1 3 k i Regular Commission Meeting 8 October 22 , 1985 �yy v rr� AGENDA DANIA CITY COMMISSION REGULAR MEETING OCTOBER 22, 1985 8: 00 P.M. INVOCATION - i PLEDGE OF ALLEGIANCE s ROLL CALL 1. CONSENT AGENDA Bills 1 . 1 Bills for the months of June, July, and August 1985. Ordinances (First Reading) None 2. PROCLAMATIONS 3. BIDS (Received by 8:15 p.m. ) 3. 1 Receipt of bids for the work contained in the project "N.W. 1st Street Roadway and Drainage Improvements; Year X Block Grant" Project No. 83-116. 4. BUILDING DEPARTMENT APPLICATIONS I 4. 1 PETITIONER/OWNER - JACQUES AND SUSAN GALLET A) Ordinance (Public Hearing - Second and Final Reading) w RZ-56-85 - A Rezoning request to change from RN (Residential) to C-4 (Commercial) , Property generally located at 1150 Stirling Road in Dania, f AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: THE W 1/2 OF THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, LESS THE NORTH 25 FEET AND LESS THAT PORTION LYING WITHIN THE SOUTH 340 FEET OF THE SOUTH LINE OF n SAID SECTION 34. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 2. 352 ACRES MORE OR LESS, FROM ZONING CLASSIFICATION OF R-M TO C-4 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. B) Land Use Flex Change LUF-57-85 - A request for a Land Use Flex Change (+/- 2. 17 acres) as per 58 flex rule. Property generally located at 1150 Stirling Road in Dania. 1 OF 8 i 4 L _ Continued. . . (Petitioner/Owner) 4. 1 PETITIONER/OWNER - JACQUES AND SUSAN GALLET C) Site Plan Approval SP-17-85 - A Site Plan approval request for a proposed commercial/warehouse building. Property located at 1150 Stirling Road. 4. 2 PETITIONER/OWNER - LINDA HARSIN, MONNIE LEVIN AND LINDA RAY A) Variance Request (Public Hearing) VA-60-85 - A variance request to allow a 20 ' front setback ( 25' required) to construct a room addition in an RD 6000 district; Property located at 342 SW 1st Ave. in Dania. 4. 3 PETITIONER - MARINE CONVERSIONS, INC. , ; OWNER - GEORGE FILIPI A) Variance Request (Public Hearing) VA-45-85 - A variance request to construct a 50 sq. ft. pole sign (a) off-site, and (b) on a parcel which Curren ."y contains one sign. Property located at 167 north federal Highway, on the SE corner of Federal Highway and NW 2nd St. 4.4 n� TT ITIONER/OWNER - RITA SHAW i A) Ordinance (Public Hearing Second and Final Reading) RZ- Cun -o5 - A rezoning regacst to change from IG dIndustrial "Cikv-al to IRO (Industrial Research Office) ; Property located south of proposed Griffin Rd. Extension and North of Dania Cutoff Canal at 704 North Federal Highway. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE 1W_. FOLLOWING DESCRIBED LANDS , TO-WIT: THAT PORTION OF THE N 1/2 OF THE NE 1/4 OF SECTION 34 , TOWNSHIP 50 SOUTH, RANGE 42 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NE CORNER OF SAID SECTION 34, THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 34 , A DISTANCE OF 683. 84 FEET; THENCE SOUTH 01 DEGREES 37 MINUTES 41 SECONDS EAST, ALONG THE EAST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34 , A DISTANCE OF 444. 78 FEET TO THE, POINT OF BEGINNING; THENCE CONTINUE SOUTH 1 DEGREE 37 MINUTES 41 SECONDS EAST ALONG SAID LINE A DISTANCE OF 852. 81 FEET TO A POINT ON THE SOUTH LINE OF THE N 1/2 OF i NE 1/4 OF SAID SECTION 34 ; THENCE SOUTH 89 DEGREES 13 MINUTES 13 SECONDS WEST, ALONG SAID SOUTH LINE A DISTANCE OF 681 . 68 FEET; THENCE NORTH 1 DEGREE 43 MINUTES 5 SECONDS WEST, ALONG THE WEST LINE OF THE W 1/2 OF THE NE 1/4 OF THE NE 1/4 OF SAID SECTION 34 , A DISTANCE OF 379. 70 FEET TO A POINT ON A LINE 924 FEET SOUTH OF (AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 34; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 FEET; THENCE Continued. . . 2 OF 8 1 1-... Continued. . . (RZ-80-85) Petitioner/Owner Rita Shaw NORTH 00 DEGREES 14 MINUTES 40 SECONDS WEST A DISTANCE OF 126. 33 FEET TO A POINT ON THE ARC OF A 520. 00 RADIUS NON-TANGENT CURVE CONCAVE TO THE NW, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 34 DEGREES 43 MINUTES 54 SECONDS EAST; THENCE NORTHEASTERLY ALONG SAID LINE THROUGH A CENTRAL ANGLE OF 47 DEGREES 09 MINUTES 15 SECONDS, AN ARC DISTANCE OF 427. 96 FEET TO A POINT OF NON-TANGENCY, A RADIAL LINE THROUGH SAID NON-TANGENT POINT BEARS SOUTH 81 DEGREES 53 I MINUTES 09 SECONDS EAST; THENCE NORTH 89 DEGREES 45 MINUTES 20 SECONDS EAST ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID SECTION 34 A DISTANCE OF 650. 78 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA AND CONTAINING 14. 3701 ACRES, MORE OR LESS, FROM ZONING CLASSIFICATION OF I-G TO IRO 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. B) Special Exception (Public Hearing) 5E-81-85 - A special exception request for Car Rental Facility; Property located South of proposed Griffin Road Extension and North of Dania Cutoff Canal at 704 N. Federal Highway. w- C) Land Use Flex Change LUF-82-85 - A request for Land Use Flex Change under the 20% Flex Rule. Property located South of proposed Griffin Road Extension and North of Dania Cutoff Canal at 704 N Federal Highway. 9 Y• I I i i I 3 OF 8 i I I J 4. 5 PETITIONER - JAMES E. MAURER; OWNER - CHRISTINE VITOLO A) Ordinance (Public Hearing Second and Final Reading) R2-64-85 - A Rezoning request to change from IG (Industrial General) to IRO (Industrial Research Office) . Property located at 2010 NE 7th Avenue. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, REZONING THE FOLLOWING DESCRIBED LANDS , TO-WIT: A PORTION OF PARCELS B AND C, "PORT EVERGLADES COMMERCE CENTER" , ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 122, PAGE 33, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, TOGETHER WITH A j PORTION OF THE VACATED ROADS ADJACENT TO SAID PORT EVERGLADES COMMERCE CENTER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID PARCEL C, THENCE SOUTH 02 DEGREES 2 MINUTES 11 SECONDS EAST ALONG THE EAST BOUNDARY OF SAID f PARCEL C, 936.00 FEET; THENCE SOUTH 88 DEG. 06 ' 48" WEST, 631. 16 FEET; THENCE SOUTH 15 DEG. 52' 52" WEST, 397. 56 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER; THENCE CONTINUE SOUTH 15 DEG. 52 ' 52" WEST, 7. 88 FEET TO A POINT OF THE CENTERLINE OF THE VACATED ROAD ADJOINING THE SOUTH BOUNDARY OF PORT EVERGLADES COMMERCE CENTER (VACATED BY CITY OF DANIA RESOLUTION NO. 30. 2-84) ; THENCE ALONG SAID CENTERLINE, SOUTH 88 DEG. 04 ' 20" WEST, 144. 53 FEET; THENCE NORTH 02 DEG. 09 ' 37" WEST. 7. 50 FEET TO A POINT ON THE SOUTH BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER; THENCE ALONG THE SOUTH AND WEST BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER, NORTH 02 DEG. 09 ' 37" - WEST, 35.00 FEET; SOUTH 88 DEG. 04' 20" WEST, 96. 21 FEET; NORTH 02 DEG. 02' 11" WEST, 176. 00 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE (RADIAL LINE AT THAT POINT BEARS �.. NORTH 77 DEG. 07' 43" WEST) ; THENCE NORTHEASTERLY, 133. 39 FEET ALONG THE ARC OF SAID CURVE, CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 2571. 21 FEET THROUGH A CENTRAL ANGLE OF 02 DEG. 58 ' 21" ; THENCE TANGENT TO SAID CURVE, NORTH 15 DEG. 50 ' 38" EAST, 491 . 99 FEET; THENCE NORTH 21 DEG. 52 ' 14" EAST, 553.05 FEET TO THE NORTHEAST CORNER OF SAID PORT EVERGLADES COMMERCE CENTER; THENCE CONTINUE NORTH 21 DEG. 52' 14 " EAST, 8. 19 FEET TO A POINT ON THE CENTERLINE OF THE VACATED ROAD ADJOINING THE NORTH BOUNDARY OF SAID PORT EVERGLADES COMMERCE CENTER (VACATED BY SAID CITY OF DANIA RESOLUTION NO. 30. 2-84 ) ; THENCE ALONG SAID CENTERLINE, NORTH 88 DEG. 06' 48" EAST, 580. 57 FEET; THENCE SOUTH 02 DEG. 02' - 11„ EAST, 7. 50 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 19. 3451 ACRES, MORE OR LESS, FROM ZONING CLASSIFICATION OF I-G TO IRO 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. Continued. . . 4 OF 8 L _ �I i' Continued. . . (Petitioner/Owner) 4 . 5 PETITIONER - JAMES E. MAURER; OWNER - CHRISTINE VITOLO B) Special Exception (Public Hearing) 5E-65-85 - A Special Exception request for an approximately 85,000 sq. ft. office facility. Property located at 2010 NE 7th Ave. C) Land Use Flex Change LUF-84-85 - A Land use flex change to assign 3. 8 (more or less) acres of Commercial Flex acreage, subject to determination that proposed use is not a major employment center. Property located at 2010 NE 7th Ave. D) Variance Request (Public Hearing) VA-79-85 - A variance request to construct an Industrial- Office Warehouse Building with 791 parking spaces (915 spaces required) . Property located at 2010 NE 7th Ave. E) Site Plan Approval SP-20-85 - A Site plan approval request for an Industrial- O£fice Warehouse Building. Property located at 2010 NE 7th Ave. I 4. 6 PETITIONER - JIM MCLAUGHLIN; OWNER - NICHOLAS PASQUARIELLO j - 4 A) Ordinance (Public Hearing Second and Final Reading) PL-74-85 - A plat approval request for "NISA PLAT" (Containing 14 acres more or less) . Property located East of Taylor Rd. Extension and south of Eller Drive. t( AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE I PLAT OF "NISA PLAT" , SAME BEING THE NW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNTY, FLORIDA; LESS THE WEST 100 FEET. TOGETHER WITH: THE N 1/2 OF THE NE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SAID SECTION 26. ALSO TOGETHER WITH: THE S 1/2 OF THAT { CERTAIN VACATED 15 ' RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO THE ABOVE DESCRIBED LANDS. SAID LANDS SITUATE, LYING AND "1F E BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 14.0053 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS , HIGHWAYS AND ALLEYS, AS SHOWN ON SAID PLAT OF "NISA PLAT" ; 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. 5 OF 8 r 4. 7 PETITIONER - JIM MCLAUGHLIN; OWNER - JOHN BOND A) Ordinance (Public Hearing Second and Final Reading) PL-76-85 - A plat approval request for "JAMES BOND PLAT" (Containing 4.34 acres more or less) . Property located East of Taylor Road Extension and South of Eller Drive. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "JAMES BOND PLAT" , SAME BEING THE S 1/2 OF THE SW 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 26, TOWNSHIP 50 SOUTH, RANGE 42 EAST, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; LESS THE WEST 100 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 4. 3489 ACRES, MORE OR LESS; AND ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SAID PLAT OF "JAMES BOND PLAT" ; 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. B) Ordinance (Public Hearing Second and Final Reading) PL-75-85 - A plat approval request for "PEGASUS EXECUTIVE PLAT" (Containing 22.0389 acres more or less) . Property located East of Taylor Road Extension and South of Eller Drive. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE PLAT OF "PEGASUS EXECUTIVE PLAT" , SAME BEING A PARCEL OF LAND LOCATED IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 42 EAST, COUNTY OF BROWARD, STATE OF FLORIDA, BEING MORE - PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A'r THE SE CORNER OF THE SW 1/4 OF SAID SECTION 23 , BEING THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 06 MINUTES 48 SECONDS WEST A DISTANCE OF 895. 10 FEET, ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 23, TO A POINT; THENCE NORTH 21 DEGREES 52 MINUTES 04 SECONDS EAST A DISTANCE OF 194. 93 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF PROPOSED TAYLOR ROAD, BEING A 60 FOOT RIGHT-OF-WAY TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY TO THE LEFT ALONG SAID CURVE HAVING A RADIUS OF 592. 98 FEET AND A CENTRAL ANGLE OF 45 DEGREES 06 MINUTES 12 SECONDS FOR AN ARC _DISTANCE OF 466. 79 FEET TO A POINT; ON A NON-TANGENT LINE; THENCE NORTH 12 DEGREES 45 MINUTES 46 SECONDS WEST, A DISTANCE OF 16. 54 FEET; THENCE NORTH 88 DEGREES 05 MINUTES 24 SECONDS EAST A DISTANCE OF 813.73 FEET ALONG A LINE PARALLEL WITH AND 25 FEET SOUTH OF THE NORTH LINE OF THE S 1/2 OF THE S 1/2 OF THE SW 1/4 OF SAID SECTION 23 , SAID LINE BEING THE SOUTH RIGHT-OF-WAY LINE OF SHULL ROAD TO A POINT; THENCE SOUTH O1 DEGREE 34 MINUTES .15 SECONDS EAST A DISTANCE OF 649. 73 FEET ALONG THE EAST LINE OF THE SW 1/4 OF SAID SECTION 23 TO THE POINT OF BEGINNING. TOGETHER WITH: LOTS Continued. . . 6 OF 8 L _ � Continued. . . (PL-75-85) Petitioner - Maurer; Owner - Vitolo 20 AND 21 , BLOCK 1 , RICHLAND LITTLE FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND TOGETHER WITH: LOTS 21 AND 22, BLOCK 2, RICHLAND LITTLE FARMS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1 , PAGE 33, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, AND TOGETHER WITH: THAT CERTAIN VACATED 15 FOOT RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO LOTS 20 AND 21 , BLOCK 1 OF SAID RICHLAND LITTLE FARMS, AND ALSO TOGETHER WITH: THE S 1/2 OF THAT CERTAIN VACATED 15 FOOT RIGHT-OF-WAY LYING SOUTH OF AND ADJACENT TO LOTS 21 AND 22, BLOCK 2 OF SAID RICHLAND LITTLE FARMS, AND ALSO TOGETHER WITH: THAT PORTION OF THE N 1/2 OF THAT CERTAIN 15 FOOT RIGHT-OF WAY LYING NORTH OF AND ADJACENT TO LOTS 16, 17, 18, AND 19, BLOCK 1, OF SAID RICHLAND LITTLE EARL-IS, LYING EAST OF THE EAST RIGHT-OF -WAY LINE OF TAYLOR ROAD. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA, AND CONTAINING 22. 0389 ACRES, MORE OR LESS ; AND ACCEPTING THE DEDICATION FOR PUBLIC j' USE OF ALL STREETS, HIGHWAYS AND ALLEYS, AS SHOWN ON SAID I PLAT OF PEGASUS EXECUTIVE PLAT" ; 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. 4. 8 PETITIONER - MARGARET M. MEACHER; OWNER - LEONARD LOFFLER s A) Special Exception (Public Hearing) SE-83-85 - A special exception request for entertainment use (Piano, Vocalist, Drummer) . Property located at 625 East Dania Beach Blvd. 4. 9 PETITIONER - CITY OF DANIA jA) Land Use Ordinance (Public Hearing Second and Final reading) LU-47-85 - Request to amend the boundary of Flex Zones 58 and 83 so that the new boundary coincides with the Dania City Limits. AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING THE LAND USE PLAN OF THE CITY OF DANIA COVERING THE AREA BOUNDED ON THE NORTH BY STATE ROAD 84, ON THE SOUTH BY STIRLING ROAD, ON THE EAST BY THE SEABOARD AIRLINE RAILWAY AND ON THE WEST BY THE EAST RIGHT-OF-WAY LINE OF RAVENSWOOD ROAD, TO INCLUDE PREVIOUSLY ANNEXED LANDS AT THE SAME LAND USE DESIGNATION AS SHOWN ON THE UNINCORPORATED AREA LAND USE PLAN AT THE TIME OF ANNEXATION AND TO REQUEST THE BROWARD COUNTY PLANNING COUNCIL TO AMEND THE BOUNDARIES OF FLEX ZONES 58 AND 83 SO THAT THE NEW BOUNDARIES COINCIDE WITH THE DANIA CITY LIMITS; PROVIDING FOR SEVERABILITY; 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. 7 OF 8 I 5. ADMINISTRATIVE (Public Hearings) - None 6 . OCCUPATIONAL LICENSE - None I 7. SPECIAL REQUEST - None 8. SPECIAL APPROVALS - None 9. APPOINTMENTS - None 10 . DISCUSSION 10. 1 Discussion and possible action concerning appointment of Code Enforcement Board Attorney. 10 . 2 Request from Timothy Campbell , Director of Broward County Aviation Division, to allow Broward County Utilities division to serve water to those Broward County properties located within the City of Dania. 11 . ADMINISTRATIVE REPORTS 11 . 1 City Manager 11. 2 City Attorney 12 . COMMISSION COMMENT 12. 1 Commissioner Cook 12. 2 Commissioner Hirsch 12. 3 Commissioner Mc Elyea 12.4 Vice Mayor Byrd 12. 5 Mayor Bertino 13 . CITIZENS ' COMMENTS - Comments by Dania citizens or interested parties that are not a part of the regular agenda should be given in writing or communicated verbally prior to 4: 00 p.m. the second (2nd) and fourth ( 4th) Monday of each month. Comments of any nature will be responded to by the office of the City Manager. In the event• that rt 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. 8 OF 8 J L _ � i CITIZENS' COMMENTS AGENDA CITY OF DANIA REGULAR MEETING October 22, 1985 8:00 P.M. j i 1 1 . Glorida Madden, 225 SW 4th St. Dania, representing the Senior Citizens Club' s suggestion regarding I.T. Parker Trust. j i i I i i I i I I I I I L �