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HomeMy WebLinkAbout46 - MINUTES - City Commission MINUTES OF ZONING REGULATIONS WORKSHOP DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 24, 2006 — 3:00 P.M. 1. Call to Order Mayor Castro called the Workshop to order at 3:07 p.m. Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Best Practices to move the City to one Updated Zoning Code Laurence Leeds, Director of Community Development, gave an overview of the existing City zoning. All areas that were annexed into the City have a City zoning designation. Residential areas are subject to one of three different zoning codes, based on location which causes confusion for staff and residents, these are: 1976 Dania Beach Code (includes most residential areas east of 1=95); 1991 County Code (includes areas annexed in 1990-1991) and the 2001 County Code (includes areas annexed in 2001). We must use the County code for the annexed areas until the City Commission adopts new zoning regulations. County codes are less restrictive than the Dania Beach Code for commercial vehicle, boat, RV storage, accessory structure size and setbacks, parking requirements and fence height. He indicated vehicle regulations in both City and County codes are ambiguous and difficult to interpret relative to passenger type vehicles that have been modified and/or labeled for commercial use. He commented that people's expectations are different today than they were five years ago when the areas were annexed into the City. He recommended one zoning code throughout the City that strikes a balance between the east and west. He thinks we should consider hiring a consultant to develop a new zoning code, excluding the CRA and commercial areas. It will be a difficult process and he does not know how the residents in the western areas will respond. He thinks it is a mistake to make the code too restrictive; it needs to be as simple and reasonable as possible so residents can understand it. Director Leeds asked the Commission for their comments and how they felt about changing to one Zoning Code. Vice-Mayor Flury thinks the City needs only one Code, and we cannot make Codes less restrictive on the east side. She suggested cleaning up the Code so that it is clear for everybody, and implement it in the west area with an amortization schedule which would provide them sufficient time. Vice-Mayor Flury further said that although some people living in that area • don't care about changing the Code, she has received many code complaints. Commissioner Anton agrees with Vice-Mayor Flury, however, we need to have a common sense approach to the codes. He suggested that small variances do not need to come before the City Commission but could be approved or denied at staff level. He would like the City Manager, City Attorney and Mr. Leeds to work on a process. Director Leeds commented that our predecessors adopted rules and regulations that were poorly written. The question is do we want to have the same setbacks in the east as in the west? Mr. Leeds indicated there was a process used some years ago in the City of Hollywood, known as "Administrative Variances". Residents would pay a lower fee, staff would send out notices to the property owners telling them to notify the City within 10-30 days if they object, if nobody objected, the variance was automatically granted. This would be an option to keep the small things off the agenda, although he does not want to suggest it because not everybody may be happy with this. Commissioner McElyea thought all areas in the City should have the same zoning regulations. Director Leeds said he added a restriction to the Code about a year ago that only applies to the eastern part of the City that limits the amount of accessory building square footage to be put in rear yards. Nobody has complained about this restriction; it is being enforced and he would like ® it to remain in the Code. He indicated people work at night and weekends without permits adding buildings in their backyards and there is no open space left which is becoming a problem. He has received complaints from the management of the Estates of Fort Lauderdale, and noted the City is trying to follow up, but it is hard to control. Commissioner McElyea remarked five more years of waiting is too long; they've already had five years. Commissioner Bertino would like to have one Code; if we start to enforce codes without a grandfather clause, we may hurt a lot of people financially. Discussion followed between the Commission and Director Leeds relating to buildings built in the 80's and 90's without permits. Commissioner Anton would like staff to move forward with the "Administrative Variances" prior to changing the codes. City Attorney Ansbro and Director Leeds were directed to work on it and bring back to the Commission. Director Leeds asked the Commission if they would feel comfortable making the Planning and Zoning Board the Board of Adjustment, for certain types of variances. Consensus of the Commission was to have staff set up the guidelines to change the Zoning Codes, bring back a plan on how to approach the process, and a cost proposal. Minutes of Zoning Regulations Workshop 2 Dania Beach City Commission Tuesday,January 24,2006—3:00 p.m. • 3. City--wide Comprehensive Land Use Changes Laurence Leeds, Director of Community Development, explained that the corridor analysis for Sheridan Street, Griffin Road and Stirling Road have been talked about for many years. Currently there is a housing crisis in these communities; it is very hard to move up. He indicated it would not be productive at this time to study the major corridors because he thinks there will be significant opposition since most of the residents in these areas are working people and have limited options. Mayor Castro asked if this analysis would be included in the upcoming budget. City Manager Pato confirmed it would be included in the upcoming budget. Commissioner Bertino expressed his concern that Dania Beach is not being developed to its potential. He cited Griffin Road as a perfect example. He emphasized the impact of the Indian Casino on SR 441 and what a positive development this may bring to the City. Mayor Castro indicated this item would be discussed further in the budget process. 4. FEC Corridor Station Stop • Mayor Castro confirmed all members of the City Commission were in favor of vying for the FEC Corridor Station stop. 5. Possibility of FDOT relinquishing their Right-of-Wang Federal Highway Corridor Mayor Castro asked for consensus from the Commission at the possibility of FDOT relinquishing their right-of-way along Federal Highway, or looking at redirecting traffic on Federal Highway. It was decided to see what FDOT presents to the City. On this subject, Director Leeds explained that the City would be the applicant, hire a traffic engineer, and submit a request for a Traffic Waiver. Director Leeds further explained that there is limited commercial use space left in the downtown area, and more space may be needed with the expansion of Jai Alai. If they are looking for a transformation of Jai Alai into a modern building, it cannot be accomplished under the current comprehensive plan. A land use plan amendment would be needed which would take at least a year and will cost some money. It was the consensus of the Commission to have Director Leeds bring a proposal forward when he has more information available. • Minutes of Zoning Regulations Workshop 3 Dania Beach City Commission Tuesday,January 24,2006—3:00 p.m. • 6. Adjournment Mayor Castro adjourned the Workshop at 4:33 p.m. CITY OF DANIA BEACH Q" cz� ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: February 14, 2006 • Minutes of Zoning Regulations Workshop 4 Dania Beach City Commission Tuesday, January 24,2006—3:00 p.m.