CITY OF NORTH LAUDERDALE

CITY OF NORTH LAUDERDALE

COMMISSION MEETING

TUESDAY, DECEMBER 11, 2007

REGULAR MEETING – 5:30 P.M.

AGENDA

1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Frankel

2. ROLL CALL

Mayor Jack Brady

Vice Mayor John Cangemi

Commissioner Gary Frankel

Commissioner Rich Moyle

Commissioner David Hilton

City Manager Richard Sala

City Attorney Samuel Goren

Interim City Clerk Patricia Vancheri

3. VICE-MAYOR’S OATH OF OFFICE - City Clerk

(Refreshments following the meeting)

4. PRESENTATIONS - None

5. PUBLIC DISCUSSION

6. QUASI-JUDICIAL ITEMS

a. Granada Related Items:

i. ORDINANCE - Second Reading:

SUBJECT: ZLU 07-01B Granada (Delegal Plat)

State Road 7 & McNab Road Extension

Zoning amendment to the City of North Lauderdale zoning map to rezone approximately 14.97 +/ - gross acres of Industrial (M-1) District to Planned Unit Development (PUD) District.

APPLICANT: Altman Development Corporation

· All interested parties are sworn in by City Attorney

· Staff Presentation

· Motion and second and vote to read title

· Public Hearing Opened.

· Public Comments

· Public Hearing Closed

· Commission motion and second to pass the ordinance on second reading

· Commission discussion

· Commission vote

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING 14.97 GROSS ACRES MORE OR LESS OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT: PARCEL “A”, DELEGAL PLAT, (APPROXIMATELY 14.97 GROSS ACRES) ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 155, PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION OF INDUSTRIAL (M-1) DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD); PROVIDING THAT THE OFFICIAL ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID REZONING; PROVIDING FOR CONFLICTS: AND, PROVIDING AN EFFECTIVE DATE.

ii. SUBJECT: VAR- 07-01 Granada (Delegal Plat)

State Road 7 and McNab Road Extension

ORDINANCE - Second Reading

To grant various variances from the City of North Lauderdale Code of Ordinances to facilitate the development of Granada, a mixed-use project consisting of residential and commercial components.

APPLICANT: Altman Development Corp

· All interested parties are sworn in by City Attorney

· Staff Presentation

· Motion and second and vote to read title

· Public Hearing Opened.

· Public Comments

· Public Hearing Closed

· Commission motion and second to pass the ordinance on second reading

· Commission discussion

· Commission vote

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, TO PERMIT THE 26.8 FEET SETBACK ON THE WEST SIDE OF BUILDING NUMBER 3 AND 5 ABUTTING THE TRAFFICWAY ON STATE ROAD 7, AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-350 (c)(4); TO PERMIT 28% OPEN SPACE OF THE GROSS SITE AREA, AS OPPOSED TO THE 35% OF THE GROSS SITE AREA REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-350 (k); TO PERMIT 414 PARKING SPACES, AS OPPOSED TO THE 508 PARKING SPACES REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-223 (a) (3); NORTH LAUDERDALE, FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

iii. ORDINANCE - Second Reading: Development Agreement

Altman Development Corporation and 441 Real Estate

Investment, Inc. (United Homes) Granada Project

· All interested parties are sworn in by City Attorney

· Staff Presentation

· Motion and second and vote to read title

· Public Hearing Opened.

· Public Comments

· Public Hearing Closed

· Commission motion and second to pass the ordinance on second reading

· Commission discussion

· Commission vote

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A," BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA, AND ALTMAN DEVELOPMENT CORPORATION AS DEVELOPER AND 441 REAL ESTATE INVESTMENT, INC. AS PROPERTY OWNER IN ACCORDANCE WITH THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT; PROVIDING FOR PUBLIC HEARINGS PURSUANT TO SECTION 163.3225, FLORIDA STATUTES; PROVIDING FOR ADVERTISEMENT OF THE NOTICE OF INTENT TO CONSIDER THE DEVELOPMENT AGREEMENT; PROVIDING FOR FULFILLMENT OF THE REQUIREMENTS SET FORTH IN SECTION 163.3227, FLORIDA STATUTES, FOR INCLUSION IN THE DEVELOPMENT AGREEMENT; PROVIDING FOR THE DURATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA; PROVIDING FOR THE PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR AMENDMENT AND CANCELLATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR RECORDING OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR MODIFICATION OR REVOCATION OF THE DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENTLY ENACTED STATE AND FEDERAL LAWS; PROVIDING FOR ENFORCEMENT OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

iv. SUBJECT: SPR 07-03 Granada - (Delegal Plat)

State Road 7 and McNab Road Extension

Final site plan review to permit development of 220 residential units and up to 10, 000 square feet of general commercial use within a proposed Planned Unit Development (PUD) Zoning District

APPLICANT: Altman Development Corporation

· All interested parties are sworn in by City Attorney

· Commission, motion and second to approve

· Public Hearing opened

· Public Discussion

· Public Hearing Closed

· Commission Discussion

· Commission vote

MOTION: To approve a final site plan to permit development of 220 residential units and up to 10, 000 square feet of commercial use within a proposed Planned Unit Development (PUD) Zoning District.

(End of Granada Related Items)

a. SUBJECT: SEU 07-06 - New Divine Apostolic Ministry of Ft. Lauderdale

8054 W. McNab Road (Shoppes of McNab)

Special Exception Use (SEU) permit to operate a church in a Community Business (B-2) Zoning District.

APPLICANT: New Divine Apostolic Ministry of Ft. Lauderdale, Inc

· All interested parties are sworn in by City Attorney

· Commission, motion and second to approve

· Public Hearing opened

· Public Discussion

· Public Hearing Closed

· Commission Discussion

· Commission vote

MOTION: To approve the proposed Special Exception Use permit to operate a church in a Community Business (B-2) Zoning District.

b. SUBJECT: PLT 07-01 (Preliminary Plat Approval)

(West side of SR 7, North of Prospect Road)

ORDINANCE - First Reading:

Preliminary plat approval to replat 6000 square feet for commercial use, on a portion of tract 16 in the east ½ of Section 12, Township 49 South, Range 41 East according to the Plat of “Fort Lauderdale Truck Farms Company Plat” (approximately .4047 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Izzy and Max Plat” to be used for retail development.

APPLICANT: Pulice Land Surveyors, Inc

· All interested parties are sworn in by City Attorney

· Staff Presentation

· Motion and second and vote to read title

· Public Hearing Opened.

· Public Comments

· Public Hearing Closed

· Commission motion and second to pass the ordinance on second reading

· Commission discussion

· Commission vote

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA, APPROVING AND ACCEPTING THE REPLAT OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, KNOWN AS THAT CERTAIN TRACT OF LAND DESCRIBED AS a portion of Tract 16 IN THE EAST ½ OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO PLAT “Fort Lauderdale Truck Farms Company Plat” (approximately .4047 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “IZZY AND MAX Plat” and to restrict the plat to the development of 6000 SQUARE FEET OF COMMERCIAL USE, AS MORE FULLY DESCRIBED HEREIN, SUBJECT TO INCLUSION OF PLAT NOTE; AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO SIGN SAID PLAT AND AFFIX THERETO THE SEAL OF THE CITY OF NORTH LAUDERDALE, FLORIDA AND TAKE OTHER ACTION; ACCEPTING THE DEDICATION OF STREETS, ROADS, ALLEYS, SWALES, BRIDGES AND OTHER PUBLIC EASEMENTS AND OTHER DEDICATIONS; CONTINGENT UPON ACCEPTANCE BY THE BROWARD COUNTY BOARD OF COMMISSIONERS, AND OTHER CONTINGENCIES AS OUTLINED IN THIS ORDINANCE; VACATING, CANCELING, VOIDING, SUPERSEDING PRIOR PLATS; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.

1. CONSENT AGENDA

· Remove any items from consent agenda desired by Commission

· Motion, second and vote to read consent agenda

· Attorney reads consent agenda

· Motion, second and vote to adopt the consent agenda

a. RESOLUTION - Award of Bid: Pump Station # 12 Upgrades - Bid #07-10-295 -(Mike Shields)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND CHAZ EQUIPMENT FOR THE PUMP STATION #12 UPGRADES (BID # 07-10-295) IN AN AMOUNT NOT TO EXCEED $281,700; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTIONS TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.

b. RESOLUTION - 2008 Pre-Disaster Mitigation Grant Program – (Dana Spencer and Mike Shields)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) 2008 PRE-DISASTER MITIGATION GRANT PROGRAM IN AN AMOUNT NOT TO EXCEED $250,000 TO PROVIDE FUNDING TOWARDS RETROFITTING THE CITY’S LIFT STATIONS WITH FIXED GENERATORS; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY APPLYING FOR SUCH FUNDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

8. OTHER BUSINESS

a. RESOLUTION - 34^th Year (2008-2009) Community Development Block Grant Application – (Tammy Reed-Holquin)

· Commission motion, second and vote to read

· Attorney reads title

· Staff presentation

· Commission motion and second to adopt

· Commission discussion

· Commission vote

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE, FLORIDA, TO APPLY FOR AND TO FILE SUCH DOCUMENTS AS MAY BE REASONABLY REQUIRED FOR AVAILABLE 34^th YEAR (FISCAL YEAR OCTOBER 2008 – SEPTEMBER 2009) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF AN ESTIMATED $374,737 FOR PROGRAMS THAT MAY INCLUDE THE CONTINUATION OF THE CITY’S HOME OWNERSHIP OPPORTUNITIES PROGRAM (CITY WIDE), IMPLEMENTATION OF A SENIOR CENTER PROGRAM, AND IMPLEMENTATION OF A NEIGHBORHOOD IMPROVEMENT PROGRAM TO BE PROACTIVE BY IMPROVING AND EXPANDING OUR CODE ENFORCEMENT OPERATIONS TO HELP IN THE PREVENTION OF ABANDONED PROPERTY DETERIORATION CONTRIBUTING TO SLUM AND/OR BLIGHTED CONDITIONS; PROVIDING THAT THE CITY MANAGER SHALL BE AUTHORIZED TO EXECUTE GRANT AWARD AGREEMENTS AND TO IMPLEMENT SAID PROGRAMS IF AND WHEN FUNDING IS APPROVED; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY PROCESSING AND OBTAINING SUCH GRANT FUNDS; AND, PROVIDING AN EFFECTIVE DATE.