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TOWN OF DAVIE
REGULAR MEETING
JUNE 16, 2004
6:30 P.M.
1. PLEDGE OF ALLEGIANCE
2. NATIONAL ANTHEM - CristalAnn McCave
3. ROLL CALL
4. PRESENTATIONS
4.1. Results of Legislative Session - Representative Nan Rich
4.2. FCAT Certificate of Achievement - Ellen Truex
4.3. Nova High School Valedictorian - Vice-Mayor Paul
4.4. Western High School Valedictorian and Salutatorian - Vice-Mayor Paul
4.5. Nova High School Baseball Team - Councilmember Crowley
4.6. “Love to Read, Love to Achieve” Volunteer Recognition - Housing and Community Development
Director Shirley Taylor-Prakelt
4.7. Fire Department Recognition - Fire Chief Donald DiPetrillo
5. APPROVAL OF CONSENT AGENDA
Minutes
5.1. April 2, 2004 (Goal Setting Session)
Home Occupational License
5.2. Acme Investigation Agency, Inc., 14171 SW 37 Court
Resolutions
5.3. SUBLET - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE BOYS AND GIRLS CLUBS OF BROWARD COUNTY TO SUBLET A PORTION OF THE FLAMINGO ELEMENTARY SITE SUBLEASED AS THE FLORENCE DEGEORGE BOYS AND GIRLS CLUB TO ACCOMMODATE A CHARTER MIDDLE SCHOOL TO BE OPERATED BY THE TOUCHDOWNS4LIFE, INC. (tabled from June 2, 2004)
5.4. COMPLIANCE AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A STIPULATED COMPLIANCE AND AGREEMENT FOR MITIGATION OF A CODE COMPLIANCE FINE IN CASE NO. 02-1026 FROM $6,500 IN AMOUNT TO $969.19; AND PROVIDING AN EFFECTIVE DATE.
5.5. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN ADMINISTRATOR OR DESIGNEE TO EXECUTE AN AGREEMENT WITH ROCKY RODRIGUEZ AS BROWARD COUNTY PROPERTY APPRAISER FOR CREATING AND MAINTAINING A NON-AD VALOREM ASSESSMENT ROLL FOR FIRE RESCUE SERVICES; AND PROVIDING AN EFFECTIVE DATE. ($9,000/first year; $4,500 thereafter)
5.6. AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO PREPARE AN AGREEMENT WITH NOB HILL PARTNERS, LLC., FOR THE PURCHASE OF APPROXIMATELY 32,426 SQUARE FEET OF CONDOMINIUM OFFICE SPACE AT THE PROJECT KNOWN AS “DOWNTOWN DAVIE” TO BE CONSTRUCTED AT THE SOUTHEAST CORNER OF GRIFFIN ROAD AND DAVIE ROAD, DAVIE, FLORIDA, TO BE PRESENTED TO THE TOWN COUNCIL FOR APPROVAL AT A LATER DATE.
5.7. FEE REVISION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, REVISING THE FIRE RESCUE DEPARTMENT FEE SCHEDULE FOR EMS TRANSPORTATION.
5.8. REVOCATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE REVOCATION OF THE DECLARATION OF RESTRICTIONS TO THE “YOUNG AT ART” PROPERTY, REMOVING THE RESTRICTION THAT THE PROPERTY MUST BE USED FOR LIBRARY AND EDUCATIONAL USES, AND PROVIDING FOR EFFECTIVE DATE.
5.9. AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING AN AMENDMENT TO THE NON-VEHICULAR ACCESS LINE ALONG STIRLING ROAD OF THE WOLF FAMILY PLAT, AND PROVIDING AN EFFECTIVE DATE. (DG 3-1-04, 5700 University Drive)
5.10. AMENDMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A DELEGATION REQUEST TO CHANGE THE RESTRICTIVE NOTE ON THE SUBDIVISION PLAT KNOWN AS THE NOVA UNIVERSITY NO. I PLAT, AND PROVIDING AN EFFECTIVE DATE. (DG 4-1-04, 3301 College Avenue)
5.11. SETTLEMENT AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE A STIPULATED SETTLEMENT AGREEMENT WITH FORMAN INDUSTRIAL LAND, LLC PERTAINING TO CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT CASE NUMBER 03-020380(02); AND PROVIDING FOR AN EFFECTIVE DATE.
5.12. LAND TRUST - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, SUPPORTING, ACKNOWLEDGING AND AUTHORIZING THE FORMATION OF A LAND TRUST WITHIN THE MUNICIPAL BOUNDARIES OF THE TOWN AND PROVIDING STAFF RESOURCES AS NECESSARY. (not budgeted - $5,000)
5.13. JOB CLASSIFICATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING A JOB CLASSIFICATION SPECIFICATION FOR FIRE DIVISION CHIEF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
Site Plans
5.14. MSP 2-3-04, Nova Southeastern University Center, 3301 College Avenue (RAC-AV) Site Plan Committee recommended approval subject to the planning report and to look at the pool area as it was being designed
5.15. SP 4-1-04, Oakes Road Fire Station, 4491 Oakes Road (CF) Site Plan Committee recommended approval subject to the planning report; that the west buffer line have Bahia sod with no irrigation; to substitute the three Alexandra Palms on the south side by the main entrance with one 20-foot Paurotis Palm; and coordinate the acceptability and placement of the palms with the gas company
Temporary Use Permits
5.16. TU 5-4-04, Stirling Plaza, 6770 Stirling Road (seasonal sales)
5.17. TU 5-6-04, MS & S Toyota, Inc., 3650 Weston Road (outdoor vehicle storage)
6. DISCUSSION OF CONSENT AGENDA ITEMS
7. PUBLIC HEARING
Ordinances - Second and Final Reading
7.1. REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 12-1-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM CC, COMMERCE CENTER DISTRICT TO UC, URBAN COMMERCIAL DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 12-1-03, Stiles Development Co./Wolf, 5700 University Drive) (tabled from June 2, 2004) Planning and Zoning Board recommended approval {Approved on First Reading May 19, 2004 subject to
voluntary deed restrictions - all voted in favor with Councilmember Crowley being absent)
7.2. AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, ADOPTING APPLICATION LA(TXT) 04-1, AMENDING THE TOWN OF DAVIE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TEXT TO INCREASE THE MAXIMUM HEIGHT LIMIT FOR INDIVIDUAL STRUCTURES WITHIN THE REGIONAL ACTIVITY CENTER; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading June 2, 2004 subject to voluntary deed restrictions - all voted in favor with Mayor Truex dissenting)
Resolution
7.3. FRANCHISE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, GRANTING A FRANCHISE FOR SOLID WASTE, BULK WASTE, RECYCLING AND CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL AND COLLECTION SERVICES, AUTHORIZING THE MAYOR TO EXECUTE A FRANCHISE AGREEMENT, AND SETTING FORTH AN EFFECTIVE DATE.
Quasi-Judicial Item
7.4. VARIANCE - V 3-2-04, Town of Davie, 4491 Oakes Road (CF) (to increase the size of a building height from 35 feet to 39.9 feet; to decrease the dimension of a landscape area for 10 feet to 8.33 feet along the northern portion of the property; to decrease the landscape buffer adjacent to existing public rights-of-way for industrial and commercial districts from 20 feet wide for arterial and collector streets to 5.48 feet buffer area along State Road 7/441; to decrease the dimension of the landscape area from 10 feet to 5.0 feet along the southern
portion of the property) Planning and Zoning Board recommended approval
Items to be Tabled or Withdrawn
7.5. STAFF REQUESTING A TABLING TO AUGUST 18, 2004
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, REZONING CERTAIN REAL PROPERTY IN THE TOWN OF DAVIE AS SHOWN IN THE ATTACHED MAP FROM THE FOLLOWING ZONING DISTRICTS: HACIENDA VILLAGE (M-1, M-2, M-3, M-4, C-1, B-3, RM-5), BROWARD COUNTY (M-1, M-3, M-4, A-1, A-5, B-3), AND TOWN OF DAVIE (OLD CODE - RC-3, RC-8) TO VALID TOWN OF DAVIE ZONING DISTRICTS (B-3, M-1, M-2, M-3, RM-5, RM-8, RS, T) IN ACCORDANCE WITH TOWN OF DAVIE ORDINANCE NO. 2003-21; ADOPTING THE OFFICIAL ZONING MAP FOR ZONING CONFORMANCE AREA 1 MORE SPECIFICALLY DEFINED AS EAST OF FLORIDA’S TURNPIKE, NORTH OF ORANGE DRIVE TO THE NORTHERN AND EASTERN LIMITS OF THE TOWN AND ZONING CONFORMANCE AREA 2 MORE SPECIFICALLY DEFINED AS EAST OF UNIVERSITY DRIVE, SOUTH OF GRIFFIN ROAD, WEST OF 76 AVENUE AND NORTH OF STIRLING ROAD; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
7.6. WITHDRAWN BY STAFF; TO BE READVERTISED
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE III, SECTION 12-32, “TABLE OF PERMITTED USES”; AMENDING JUNKYARDS AS AN EXISTING LEGAL USE IN THE M-3 ZONING DISTRICT WHEN THE UNDERLYING LAND USE CLASSIFICATION IS INDUSTRIAL AND THE EXISTING USE IS LEGALLY PERMITTED; PROVIDING FOR INCLUSION IN THE TOWN CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
7.7. WITHDRAWN - REZONING DENIED ON JUNE 2, 2004
V 3-1-04, Voight/B & R Real Estate Services, LLC, 6650 Nova Drive (tabled from June 2, 2004)
7.8. WITHDRAWN AT THE PLANNING AND ZONING BOARD MEETING
SE 2-1-04, Dominguez, 11501 SW 17 Street (tabled from May 19, 2004)
8.1. Agricultural Advisory Board (one exclusive appointment - Councilmember Starkey; term expires April 2006) (insofar as possible, members shall have experience in agricultural matters, related occupations or other similar skills)
8.2. Child Safety Board (two exclusive appointments - Councilmembers Crowley and Mayor Truex; one exclusive appointment - Councilmember Starkey; terms expire April 2006) (whenever possible, members shall have interest and expertise in law enforcement, elementary school instruction, child psychology, pediatric medicine, parenthood and grandparenthood)
8.3. Open Space Advisory Committee Agency (one exclusive appointment - Mayor Truex; term expires April 2006)
8.4. Parks and Recreation Advisory Board Agency (two exclusive appointments - Councilmember Crowley; one exclusive appointment - Mayor Truex; terms expire April 2006) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)
8.5. School Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2006) (insofar as possible, members are to have experience in educational matters)
8.6. Senior Citizen Advisory Committee (one exclusive appointment - Councilmembers Crowley and Hubert and Mayor Truex; terms expire April 2006) (members shall be a minimum 60 years of age)
8.7. Site Plan Committee (one exclusive appointment per Councilmember (terms expire June 2005) (members must be residents of the Town and, whenever possible, should be an architect, landscape architect and an urban planner or designer)
8.8. Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2006) (insofar as possible, one member shall be a licensed engineer)
8.9. Affirmation of the Community Redevelopment Agency’s Selection of Chair and Vice-Chair (Chair - Mark Engel; Vice-Chair - Neal Kalis)
8.10. Florida League of Cities Voting Delegate
9. OLD BUSINESS
9.1. 26th Street/Hiatus Road Intersection
9.3. Permitting Music Lessons as a Home Occupation
9.4. State Road 7/441 Design Charette
10. NEW BUSINESS
11. MAYOR/COUNCILMEMBER’S COMMENTS
12. TOWN ADMINISTRATOR’S COMMENTS
13 TOWN ATTORNEY’S COMMENTS
14. ADJOURNMENT
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ANY PERSON WISHING TO APPEAL ANY DECISION MADE BY THIS BOARD OR COMMITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND, FOR SUCH PURPOSES, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS MADE.
Persons with disabilities requiring accommodations in order to participate should contact the Town Clerk at 954-797-1023 at least five business days prior to the meeting to request such accommodations. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following numbers: 1-800-955-8700 (voice) or 1-800-955-8771 (TDD).
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