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Town Council agenda 12/01/2004
TOWN OF DAVIE
REGULAR MEETING
DECEMBER 1, 2004
7:00 P.M.

1.      PLEDGE OF ALLEGIANCE

2.      ROLL CALL

3.      OPEN PUBLIC MEETING

4.      APPROVAL OF CONSENT AGENDA
Minutes
4.1.    November 3, 2004 (Regular Meeting)

Proclamation
4.2.    Christmas Toys in the Sun Run Day in Davie (December 5, 2004)

Home Occupational License
4.3.    Air Murphy, 2901 SW 137 Terrace

Resolutions
4.4.    MITIGATION - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A REQUEST FOR MITIGATION OF THE CODE COMPLIANCE LIEN IN CASE NO. 04-158 FROM $56,500.00 TO $11,444.19; AND PROVIDING AN EFFECTIVE DATE.

4.5.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE FLORIDA GOVERNMENT FINANCE OFFICER’S ASSOCIATION (FGFOA) AND THE TOWN OF DAVIE TO WAIVE RENTAL FEES.  ($500 waiver)

4.6.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE RODEO ASSOCIATION, INC. AND THE TOWN OF DAVIE, FLORIDA FOR THE RENTAL OF THE BERGERON RODEO GROUNDS, OF DAVIE FLORIDA.  (High School Youth Rodeo - $1,500 waiver)

4.7.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN THE DAVIE RODEO ASSOCIATION, INC. AND THE TOWN OF DAVIE, FLORIDA FOR THE RENTAL OF THE BERGERON RODEO GROUNDS, OF DAVIE FLORIDA.  (Jack Pot Rodeo - $3,120)

4.8.    AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR AND APPROPRIATE STAFF TO ENTER INTO AN AGREEMENT BETWEEN NOVA SOUTHEASTERN UNIVERSITY AND THE TOWN OF DAVIE TO PARTICIPATE IN THE A.D.A.P.T. PROGRAM.  ($20,000)

4.9.    EASEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, DELETING A 30-FOOT LANSCAPE EASEMENT FROM THE GULF UNIVERSITY AND NOVA PLAT; AND PROVIDING AN EFFECTIVE DATE.  (DG 9-3-04, 2399 South University Drive)

Quasi-Judicial Consent Agenda
4.10.   SP 5-8-04, Strike Zone Plaza, 12425 Orange Drive (B-3) Site Plan Committee recommended approval based on the planning report and the following comments:  1) that staff research the Broward County Greenways Plan and if there is anything to be modified in order to match the County’s plan, then it needs to be addressed before going to Town Council; 2) on the bank entry canopy, the floor plan is to match the revised elevation and that element should either “die” into the other roof or make it a tower, to be worked out with staff; 3) eliminate one of the teller drive-thru lanes at the end in order to make a by-pass lane; 4) reduce the overhang over the by-pass lane so that there is no obstruction thereby allowing a 14-foot height; and 5) on the shopping center portion, have the rear service area to match the same requirements as the “sister” retail building to the north insofar as landscaping and walls are concerned

4.11.   SP 5-10-04, West Park-East Parcel, 351 SW 136 Avenue (B-2) Site Plan Committee recommended approval subject to staff’s notes and that the photometric plan should be corrected; staff is to check that the tree and landscaping located in the western part of the parking lot does not interfere with the visibility of the last parking space; mark the crosswalks on the east side into the building; and add a sidewalk at the corner of the northeast corner to join the existing sidewalk

4.12.   SP 6-7-04, Exxon Mobil, 2399 South University Drive (B-2) Site Plan Committee recommended approval based on the planning report; that the comment for the wheel stops in the parking spaces be eliminated since the issue had been addressed on the site plan; and that the illuminated band on the gas canopy be non-illuminated blue metal material like the rest of the canopy

5.      DISCUSSION OF CONSENT AGENDA ITEMS

6.      PUBLIC HEARING
Ordinance - First Reading/Quasi Judicial Item (Second and Final Reading to be held December 15, 2004)
6.1.    REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 7-1-04, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM A-1, AGRICULTURAL DISTRICT TO R-1, ESTATE  DWELLING DISTRICT ONE (1) UNIT AN ACRE; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 7-1-04/FX 7-1-04, Leigh Robinson Kerr and Associates/McCall Nursery, 4621 SW 58 Avenue) Planning and Zoning Board recommended denial

Items to be tabled
6.2.    STAFF REQUESTING A TABLING TO FEBRUARY 16, 2005
REZONING - 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.  (tabled from October 6, 2004)

6.3.    PLANNING AND ZONING BOARD TABLED TO JANUARY 12, 2005; COUNCIL CAN TABLE TO FEBRUARY 2, 2005
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING PETITION VA 12-1-03, VACATING THE ROAD RIGHT-OF-WAY EASEMENT ON THE PROPERTY LOCATED AT 3655 SHOTGUN ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (VA 12-1-03, Oak Scholar of Broward, 3655 Shotgun Road)

6.4.    PLANNING AND ZONING BOARD TABLED TO JANUARY 12, 2005; COUNCIL CAN TABLE TO FEBRUARY 2, 2005
AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 2-4-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM AG, AGRICULTURAL DISTRICT TO CF, COMMUNITY FACILITIES DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.  (ZB 2-4-03, Oak Scholar of Broward, 3655 Shotgun Road)

7.      APPOINTMENTS
7.1.    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)

7.2.    Child Safety Board (Councilmember Crowley and Starkey and Mayor Truex; 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)

7.3.    Community Redevelopment Agency (one exclusive appointment - Vice-Mayor Paul; term expires April 2006) (members shall either reside or engage in business within the jurisdiction of the Town)

7.4.    Open Space Advisory Committee Agency (one exclusive appointment - Mayor Truex; term expires April 2006)

7.5.    School Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2006) (insofar as possible, members are to have experience in educational matters)

7.6.    Senior Citizen Advisory Committee (one exclusive appointment - Councilmembers Crowley and Mayor Truex; two exclusive appointments - Councilmember Hubert; terms expire April 2006) (members shall be a minimum 60 years of age)

7.7.    Water and Environmental Advisory Board (one exclusive appointment - Vice-Mayor Judy Paul; term expires April 2006) (insofar as possible, one member shall be a licensed engineer)

8.      OLD BUSINESS
8.1.    Bond Issue

9.      NEW BUSINESS

10.     MAYOR/COUNCILMEMBER’S COMMENTS

11.     TOWN ADMINISTRATOR’S COMMENTS

12.     TOWN ATTORNEY’S COMMENTS

13.     ADJOURNMENT

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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