TOWN OF DAVIE

REGULAR MEETING

NOVEMBER 5, 2003

7:00 P.M.

 

1.                  PLEDGE OF ALLEGIANCE

 

2.                  ROLL CALL 

 

3.                  OPEN PUBLIC MEETING

 

4.                  APPROVAL OF CONSENT AGENDA

Minutes

4.1.               September 15, 2003 - Workshop Meeting

4.2.               September 17, 2003 - Regular Meeting

4.3.               September 30, 2003 - Joint Meeting

4.4.               October 1, 2003 - Regular Meeting

 

Proclamations

4.5.               Native American Heritage Month (November 2003)

4.6.               National Epilepsy Awareness Month (November 2003)

 

Home Occupational Licenses

4.7.               Daston, Inc., 4810 SW 57 Terrace

4.8.               Data Transform Consulting, 14203 SW 26 Street

4.9.               Homes Redefined, 3420 SW 117 Avenue

4.10.           LSB Home School and Child Care, Inc., 4152 SW 107 Way

4.11.           Pro Qual Services Corp., 13331 SW 29 Court

 

Resolutions

4.12.           PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A BOUNDARY PLAT KNOWN AS WOODBRIDGE RANCHES AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THE MAYOR’S SIGNATURE AND THE TOWN SEAL TO SUCH PLAT; AND PROVIDING AN EFFECTIVE DATE. (P 7-2-02, Woodbridge Ranches, Pulice Land Surveyors, Inc./Southern Homes of Davie III, 1750 SW 136 Avenue) (tabled from August 20, 2003) Planning and Zoning Board recommended denial

 

4.13.           AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE A THREE YEAR LEASE AGREEMENT WITH GE CAPITAL TO FUND THE COST OF IMPLEMENTING A NEW TELEPHONE SYSTEM FOR THE TOWN AND AUTHORIZING THE MAYOR TO EXECUTE A THREE YEAR MAINTENANCE AGREEMENT WITH TELESWITCH TECHNOLOGIES, INC. ($294,896) (tabled from October 15, 2003)

 

4.14.           AMENDED AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AMENDING AN ANNEXATION AGREEMENT BETWEEN THE TOWN OF DAVIE AND JOLMY ENTERPRISES, INC. AND PROVIDING AN EFFECTIVE DATE. (tabled from October 15, 2003)

 

4.15.           AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN TO RETAIN THE LEGAL SERVICES OF BECKER & POLIAKOFF, P.A. AND PROVIDING AN EFFECTIVE DATE. (tabled from October 15, 2003)

 

4.16.           AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN SADDLE UP TOWNHOME ASSOCIATION AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.

 

4.17.           AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN UNIVERSITY PARC RESIDENCES CONDO, INC. AND THE TOWN OF DAVIE POLICE DEPARTMENT FOR TRAFFIC CONTROL.

 

4.18.           AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A SUBLEASE AGREEMENT BETWEEN THE TOWN OF DAVIE AND BOYS CLUB OF BROWARD COUNTY, INC. DOING BUSINESS AS BOYS & GIRLS CLUB OF BROWARD COUNTY, AND A LEASE AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY FOR A SITE LOCATED AT MCFATTER TECHNICAL CENTER; AND PROVIDING AN EFFECTIVE DATE.

 

4.19.           AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN OF DAVIE TO ENTER INTO AN AGREEMENT BETWEEN PROJECT STABLE OF BROWARD COUNTY AND THE TOWN OF DAVIE. (waiver of fee - $500)

 

4.20.           ADAPT PROGRAM - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR, TOWN ADMINISTRATOR AND APPROPRIATE STAFF TO PARTICIPATE IN THE A.D.A.P.T. PROGRAM.

 

4.21.           EXTENDING FRANCHISE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, EXTENDING THE FRANCHISE WITH E.A.S.E. FOUNDATION, INC. FOR BUS SHELTERS.

 

4.22.           BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING THE BID AWARDED BY BROWARD COUNTY FOR LOCATING & MARKING UNDERGROUND FACILITIES, SOUTHEAST FLORIDA COOPERATIVE PURCHASING GROUP BID NO. P-08-02-192-B1. (Craig A. Smith and Associates, Inc. - $57,000)

 

4.23.           BID - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING THE BID FOR REALIGNMENT OF SW 136TH AVENUE AND SW 14TH STREET INTERSECTION.  (Budget Construction Co., Inc  - $465,857.80)

 

4.24.           SETTLEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, ACCEPTING $8,000.00 AS PAYMENT IN FULL OF THE SPECIAL ROAD AND DRAINAGE ASSESSMENT LIEN UPON PARCEL NUMBER 23, AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.25.           SETTLEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AFFIRMING THE SETTLEMENT AGREEMENT BETWEEN SOUTHERN HOMES OF DAVIE, LLC AND THE TOWN OF DAVIE, CASE NUMBERS 02-015674 (11) AND 02-015724 (21) PENDING IN THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE.

 

4.26.           PURCHASE - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE TOWN ADMINISTRATOR TO EXECUTE THE PURCHASE CONTRACT FOR THE PARCEL KNOWN AS VAN KIRK. ($8.9 million)

 

4.27.           DEVELOPER’S AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE MAYOR AND THE TOWN ADMINISTRATOR TO ENTER INTO AN AGREEMENT BETWEEN THE TOWN OF DAVIE, BROWARD COUNTY, AND ALICE U. BUTLER & DAVID A. CLARK FOR REGIONAL ROAD CONCURRENCY RELATING TO THE PINE MEADOW ESTATES II PLAT; PROVIDING FOR RESTRICTIONS TO SATISFY CONCURRENCY REQUIREMENTS; TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THEIR SIGNATURES TO SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. (DA 6-2-03, 2255 SW 136 Avenue)

 

4.28.           PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A BOUNDARY PLAT KNOWN AS SHERIDAN HOUSE NO. 3 AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THE MAYOR’S SIGNATURE AND THE TOWN SEAL TO SUCH PLAT; AND PROVIDING AN EFFECTIVE DATE. (P 8-1-01, 1400 Flamingo Road)

 

4.29.           PLAT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, APPROVING A BOUNDARY PLAT KNOWN AS UNITED WAREHOUSES AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ACKNOWLEDGE SUCH APPROVAL BY AFFIXING THE MAYOR’S SIGNATURE AND THE TOWN SEAL TO SUCH PLAT; AND PROVIDING AN EFFECTIVE DATE. (P 4-1-03, 4350 SW 59 Avenue) Planning and Zoning Board recommended approval

 

Site Plans

4.30.           SP 10-7-02, Warren Henry/Regency Square, 4801-4991 SW 148 Avenue (PUD) (tabled from October 1, 2003) Site Plan Committee recommended approval with the conditions that the applicant send a letter to the president of the homeowner's association [Chelsea Homeowners' Association] stating the date when this item was to be reviewed by the Town Council; and that the lighting levels on the east side of the buildings be at the lowest possible levels that the Police Department would allow after 9:00 p.m.

 

4.31.           APPLICANT IS REQUESTING A TABLING TO NOVEMBER 19, 2003

SP 3-1-03, Country Western Store, 7500 and 7550 Griffin Road (B-2) Site Plan Committee recommended approval based on the applicant revising the townhouse plans to match the elevations as presented and coming back before this committee before permits; that the dumpster be moved from the parking area to somewhere near the office building; redesign the west parking to allow only one access point into that parking area (the southern most driveway); change the color of the hardy board on the office building to a darker color; on the office building, stagger the flat front canopy to allow for the palms and planters as shown; put in a crosswalk hatching from the west parking to the office building, across the entrance; evaluate the landscape berm plantings on the south property line; and evaluate the Royal Palms in front of the commercial building

 

Temporary Use Permits

4.32.           TU 9-2-03, Happy Holidays Seasonal Sales, 7911 Orange Drive (Christmas tree sales)

4.33.           TU 9-4-03, Davie Merchants, 2701 North University Drive (Christmas tree sales)

4.34.           TU 10-1-03, International Tool Corporation, 2590 Davie Road (sidewalk sale)

 

5.                  DISCUSSION OF CONSENT AGENDA ITEMS

 

6.                  PUBLIC HEARING

Ordinances - Second and Final Reading

6.1.               HOBBY FARMS - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA ESTABLISHING THE RIGHT OF RESIDENTS OF THE TOWN OF DAVIE TO MAINTAIN "HOBBY FARMS" WITHIN THOSE RESIDENTIAL AREAS OF THE TOWN OF DAVIE WHICH ARE PRESENTLY ZONED TO PERMIT AGRICULTURAL USES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. {Approved on First Reading October 15, 2003 - all voted in favor with Councilmember Paul being absent}

 

6.2.               REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 7-2-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM R-5, LOW MEDIUM DWELLING DISTRICT; TO AG, AGRICULTURAL DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 7-2-03, Lemons/Bolender, 1390 South Flamingo Drive) Planning and Zoning Board recommended approval {Approved on First Reading October 15, 2003 - all voted in favor with Councilmember Paul being absent}

 

Ordinance - First Reading (Second and Final Reading to be held November 19, 2003)

6.3.               PERMITTED USES - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LIST OF PERMITTED USES WITHIN THE B-2, COMMUNITY BUSINESS DISTRICT AND B-3, PLANNED BUSINESS CENTER DISTRICT TO INCLUDE "STORE FRONT HOUSES OF WORSHIP"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Local Planning Agency tabled to November 12, 2003)

 

Ordinances - First Reading/Quasi Judicial Item (Second and Final Reading to be held November 19, 2003)

6.4.               REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 12-2-02, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM P.U.D. (COUNTY), PLANNED UNIT DEVELOPMENT DISTRICT TO B-3, PLANNED BUSINESS CENTER DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB 12-2-02, Town of Davie, 4703 SW 148 Avenue) (tabled from October 1, 2003) Planning and Zoning Board recommended approval

 

6.5.               REZONING - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING REZONING PETITION ZB 3-5-03, CHANGING THE CLASSIFICATION OF CERTAIN LANDS WITHIN THE TOWN OF DAVIE FROM AG, AGRICULTURAL DISTRICT TO A-1, AGRICULTURAL DISTRICT; AMENDING THE TOWN ZONING MAP TO COMPLY THEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (ZB3-5-03, Home Dynamics Corporation/Nadeau Charitable Foundation, Inc, 1900 Hiatus Road) Planning and Zoning Board recommended approval

 

Quasi Judicial Item

6.6.               VARIANCE - V 8-2-03, Jones, 3677 Amelia Island Lane (R-5) (to reduce the minimum rear yard from 15 feet to 5 feet and the minimum side yard from 10 feet to 15 feet at the north and west property lines) Planning and Zoning Board recommended approval

 

Items to be tabled

6.7.               STAFF REQUESTING A TABLING TO NOVEMBER 19, 2003

CODE AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 12, ARTICLE VIII, SECTION 12-238(J)(9) THEREOF RELATING TO BILLBOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE TOWN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (tabled from September 17, 2003) {Approved on First Reading September 17, 2003 - all voted in favor with Councilmember Paul dissenting}

 

6.8.               PETITIONER REQUESTING A TABLING TO DECEMBER 3, 2003

LAND USE PLAN AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS APPLICATION LA 03-07, AMENDING THE TOWN OF DAVIE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE PLAN MAP DESIGNATION OF CERTAIN LANDS FROM "RESIDENTIAL 1 DU/AC" TO "EMPLOYMENT CENTER - LOW"; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (tabled from September 17, 2003) (LA 03-07, Industrial Developments International, Inc/Wilson Road Company, Inc., Herzig and North, 5800 SW 59 Avenue) Local Planning Agency recommended denial {requires supermajority vote}

 

6.9.               STAFF REQUESTING A TABLING TO DECEMBER 3, 2003

TEXT AMENDMENT - AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, APPROVING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS APPLICATION LA(TXT) 03-08A, AMENDING THE TEXT OF THE TOWN OF DAVIE COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT TO DELETE THE "EMPLOYMENT CENTER" LAND USE CATEGORY AND TO ESTABLISH EMPLOYMENT CENTER LAND USES TO INCLUDE AN "EMPLOYMENT CENTER-LOW" LAND USE CATEGORY AND AN “EMPLOYMENT CENTER-HIGH” LAND USE CATEGORY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (tabled from September 17, 2003) Local Planning Agency recommended approval subject to the following uses being deleted from Employment Center-Low:  fabrication and assembly; hotels, motels, and similar lodging; and community facilities {requires supermajority vote}

 

7.                  APPOINTMENTS

7.1.                Airport Advisory Board (one exclusive appointment - Vice-Mayor Starkey; term expires December 2003)

 

7.2.               Child Safety Board (one exclusive appointment - Vice-Mayor Starkey and Mayor Truex; term expires April 2004) (whenever possible, members shall have interest and expertise in law enforcement, elementary school instruction, child psychology, pediatric medicine, parenthood and grandparenthood)

 

7.3.               Community Relations Advisory Board (one exclusive appointment - Councilmember Hubert and Mayor Truex; terms expire April 2004)

 

7.4.               Open Space Advisory Committee (one exclusive appointment - Vice-Mayor Starkey; term expires April 2004)

 

7.5.               Parks and Recreation Advisory Board Agency (one exclusive appointment - Vice-Mayor Starkey; term expires April 2004) (members should have a concern with or an interest in the park facilities and recreational needs of the citizens of the Town)

 

7.6.               School Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2004) (insofar as possible, members shall have experience in educational matters, related occupations or other similar skills)

 

7.7.               Senior Citizen Advisory Board (two exclusive appointments - Mayor Truex; terms expire April 2004) (members shall be a minimum 60 years of age)

 

7.8.               Water and Environmental Advisory Board (one exclusive appointment - Mayor Truex; term expires April 2004) (insofar as possible, one member of the board shall be a licensed engineer)

 

8.                  OLD BUSINESS

 

9.                  NEW BUSINESS

9.1.               In Memoriam of Barbara Ericksen (Councilmember Paul)

 

10.              MAYOR/COUNCILMEMBER'S COMMENTS

 

11.              TOWN ADMINISTRATOR'S COMMENTS

 

12.              TOWN ATTORNEY'S COMMENTS

 

13.              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 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).