HomeMy WebLinkAbout2004-02-17 Workshop Meeting City Commission Meeting Minutes MINUTES
DANIA BEACH CITY COMMISSION
WORKSHOP MEETING
FEBRUARY 17, 2004
1. Call to order
Mayor Anton called the meeting to order at 4:30 p.m.
2. Roll Call:
Present:
Mayor: Bob Anton
Vice-Mayor: C.K. McElyea
Commissioners: Robert Chunn
Pat Flury
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
Acting City Clerk: Miriam Nasser
3. Discussion of Allowable Maximum Building Height for Residential Buildings
• in the Local Activity Center(Downtown) Area.
City Manager Pato clarified that staff was not asking for a discussion on building height
issues for the LAC or any other part of the City at this time because the CRA plan,
currently at the County level, clearly outlined those components. He felt that any general
discussion of the building heights in either the CRA or LAC area could send a confusing
signal to the County. He explained that there were two specific projects that needed to
be addressed: 1) concerning a project for East Dania Beach Boulevard and 2) a project
involving the property across the street from City Hall (only one of which would be
addressed today). He suggested that comments be limited to this particular project.
Ralph Choeff, Architect for the Project, showed a presentation and wanted to know if the
property owner and the City could come up with a plan that was acceptable to both
parties. He stated that he had designed a 204-unit, two-bedroom, condominium
complex located directly across the street from City Hall. He had dedicated the entire
first floor of the complex to municipal parking that would help with the downtown
redevelopment area parking, as well as, 4,800-5,000 square feet of City of Dania Beach
office space. He stated that the building's amenities included a health spa that would be
offered to Dania Beach City staff to become members. He explained that the plan had
six floors of parking and 11 floors of condominiums and noted that residents would have
a separate parking area from municipal parking. He described the contemporary
building design and explained that some parking spaces along the street could be
substituted for retail shops. He noted that the building was designed to be a focal point
in the City and was approximately 181 feet tall with 18 stories (17 for condo use; 1 for
municipal parking use).
MINUTES 1 FEBRUARY 17, 2004
WORKSHOP MEETING
In response to Mayor Anton's question, Architect Choeff stated that the lot was
approximately 150-feet wide and over 400 feet deep. He reported that there had been
some objections by the City over the height of the building.
In response to Commissioner Flury's questions, Architect Choeff reported that there
were 2.2 parking spaces per unit or 466 parking spaces in addition to the 71 spaces
reserved for municipal use.
Commissioner Flury noted that it was a beautiful building, but felt the guidelines for this
area should follow those proposed in the CRA.
Lawrence Leeds, Director of Community Development, stated that the architecture for
this building was different from the recommendation in the CRA plan.
Architect Choeff offered to change the architectural style and explained that the glass-
type building not only provided a nice contrast, but also was lighter than the
"Mizneresque" architecture that was proposed in the CRA.
Mayor Anton stated that anyone who came out of City Hall would be faced with 180 feet
of concrete and glass and clarified what the setbacks were.
Commissioner Flury stated that she preferred a design that was more consistent with
that of the CRA plan and did not feel comfortable with the ultra-modern design.
Fernando Vazquez, Director of Public Services, addressed Mayor Anton's concern
• regarding the ability of the City's infrastructure to handle this project and was concerned
about whether or not the water and sewer system had the capacity to provide for the
additional demand. He felt that the plan offered a great concept however, there was
also the question of how much more traffic would be generated.
Architect Choeff stated that they had planned to have a traffic study done before
beginning anything and also offered help with the adjoining streets. He noted that the
additional residents would help to increase the tax base and offset the higher demands
on the City.
Commissioner Mikes was concerned about whether they had considered marketing
strategy for these condominiums and if these units could be sold for the anticipated
amount. He was also disturbed with the height of the building and the extra load on the
infrastructure capacity. He felt that these units might not be able to be marketed at the
$250,000.
Architect Choeff assured the Commission that preliminary studies had been done and
reported that units like these commonly sold for $500,000 - $1,000,000 and felt they had
a sufficient market base.
Vice-Mayor McElyea felt the current infrastructure was not prepared for this type of
building and also felt the building was too large.
Commissioner Chunn suggested the height of the building be reduced and wanted to
know what type of compromise the owner suggested.
MINUTES 2 FEBRUARY 17, 2004
WORKSHOP MEETING
Architect Choeff noted that the City wanted 8-10 stories and the goals of the owner were
• 12-14 stories. He noted that without providing the municipal parking and City offices the
height could be brought down further. He also suggested that if the City reduced the
parking requirement to 1.75 spaces per unit plus an additional guest parking space for
every 10 units, the building could be lowered even further.
Commissioner Flury thought that marketing the units at $250,000 was not a problem, but
felt the design was too modern. She questioned why parking was being provided for the
City. She felt that if the building was lowered by having the City parking eliminated and
the design changed that an agreement could possibly be reached. She stated that she,
might be a little flexible with the parking requirement.
Vice-Mayor McElyea agreed with Commissioner Flury.
Commissioner Mikes stated that there was a lot of rumors and speculation about the
CRA and LAC and he did not know how much was reality. He felt an area should be
developed, not just one site. He stated that land was available at a reasonable rate and
that the public wanted redevelopment of the area as opposed to high density.
Mayor Anton agreed with Commissioner Mikes and felt they should not deviate from the
existing outline. He felt that the public would be shocked with any deviation from the
plan. He stated that the consensus of the Commission was that the proposed building
was too high. He suggested that the architect meet with the Director of Community
Development to determine acceptable guidelines.
• Larry Leeds, Director of Community Development, clarified for Architect Choeff that the
acceptable height for that area was 10 stories. He felt that the parking requirement
could be negotiated and mentioned that the 71 public parking spaces that the owner had
offered to the public could be reduced.
Commissioner Flury felt strongly that public parking was the City's problem, not the
developer's problem.
Director Leeds explained it was difficult for smaller municipalities to buy property to
accommodate parking needs of the community and the developer's assistance was at'
the discretion of the Commission.
In response to Commissioner Mikes' question regarding security of a mixed-use parking
facility, Architect Choeff stated there was not a problem because there were two
separate parking facilities for public and private use.
Vice-Mayor McElyea was concerned about whether the setback was large enough to
provide a holding lane for late afternoon traffic.
Architect Choeff explained that was the purpose of the traffic study.
Fernando Vazquez, Director of Public Services, was concerned about drainage issues.
Architect Choeff explained that they were providing deep wells for drainage and stated
that he would meet with Director Leeds as suggested, but also wondered if they should
return to the Commission once they were 85% in compliance with CRA plan standards.
MINUTES 3 FEBRUARY 17, 2004
WORKSHOP MEETING
The consensus of the Commission was that any further questions should be addressed
to Director Leeds.
Director Leeds suggested that the Public Services Director be included in the meeting.
City Manager Pato felt it was important to follow CRA/LAC guidelines and clarified that
City staff had not requested the parking area or offices.
4. Discussion of Sign Code Amortization Ordinance (Removal of Non-
Conforming Signs).
Lawrence Leeds, Director of Community Development, gave the history of the
amortization schedule that began in the late 1980s for removal of old signs. Director
Leeds explained that sign code amortization was a statement to property owners the
code had changed and their sign was no longer legal and a time schedule for
replacement was provided in order to be fair. Mr. Leeds reported that the amortization
began in the Downtown Dania Development District (Old Griffin Road to Stirling Road
and FEC tracks to Fronton Blvd.). He explained that the original plan was extended
several times and in December of 1998 a new code was approved that included all signs
in the City with a deadline of December 2003 for all those types of signs to be replaced.
He explained that because these types of signs were prohibited, they could not be
negotiated by variances, waivers, or adjustments. Director Leeds made a presentation
showing and defining the following types of prohibited signs: roof signs, painted signs,
and pole signs. He also showed the monument signs that were recommended to
replace the pole signs. Director Leeds explained that in 1998 there was plenty of public
involvement, including a Sign Task Force, and notices were sent to over 300
businesses. He explained that the City needed to choose one of the following two
options: 1) begin enforcing this code today in a systematic manner giving no chance of
appeal or variance; 2) wait 12-18 months to amend the code and delay enforcement so
that a re-education and notification process could be conducted. He noted that the
quickest way to make a town look more attractive was to get rid of these oversized signs
and move in the direction of monumental signs.
City Manager Pato recommended the second option for the purpose of public notification
for new businesses.
Commissioner Flury felt that any new business owners should already be in compliance
with the sign code, but was concerned about businesses in the newly annexed area.
She felt that those people should be given notification and time to comply, but that
enforcement for the rest of the City should begin immediately.
In response to Mayor Anton's question, Director Leeds stated that businesses would be
given 30-60 days to remove the sign before the issue would be addressed in the Code
Board and the next step would be Circuit Court.
Mayor Anton felt 60 days was a reasonable notification, especially since the businesses
had already been given five years to comply.
• In response to Vice-Mayor McElyea's question about billboard signs, Mr. Leeds stated
that federal laws governed them and there was nothing the City could do about them.
MINUTES 4 FEBRUARY 17, 2004
WORKSHOP MEETING
• In response to Commissioner Chunn's question, Director Leeds felt 60 days was a
sufficient amount of time.
Commissioner Mikes was concerned about businesses that would not have the proper
setbacks to allow room to construct a new sign and would accuse the Commission of
putting them out of business.
Director Leeds confirmed that there would be those types of cases, but felt the City
should not allow variances or the whole ordinance would become negotiable.
Commissioner Mikes suggested the City come up with a process that allowed a waiver
in legitimate hardship cases where the suggested alternative would not work.
Commissioner Chunn agreed with Commissioner Mikes.
City Manager Pato stated that the City had a mechanism in place that helped the City
deal with citizens who needed to address the Commission and gave the example of
abatement hearings. He wondered if such a mechanism could be offered to businesses
with legitimate hardship cases that would allow them to appear before the Commission.
Director Leeds felt that if the Commission had to grant "adjustments" routinely then the
ordinance was too strict. He would rather see the ordinance changed than to have to
deal with hundreds of variances.
• Commissioner Flury thought the signage on Federal Highway was horrible and felt the
owners should invest in getting better signs. She also felt that providing a hardship
mechanism was reasonable and maybe necessary.
City Manager Pato felt that it was important to send a consistent message to property
owners that the City rules are important and that exceptions could be addressed.
City Attorney Ansbro clarified that a hardship and variance were the same thing and
stated that a method needed to be created that would provide an alternative to those
who could not comply. He stated that the amortization in these areas had already been
10 years because the City had already done this twice.
Director Leeds explained that the word "variance" scared business communities and
suggested that staff look at the code and try to provide enough flexibility in it so that
everyone could comply and prevent a parade of variance applications.
Mayor Anton felt there was discretion in enforcement and that some citations could be
delayed until the dilemma was addressed.
City Manager Pato felt that enforcement should begin right away and a grace period be
offered to the newly annexed areas for notification purposes.
•
MINUTES 5 FEBRUARY 17, 2004
WORKSHOP MEETING
5. Discussion of Sidewalk Replacement Ordinance.
Lawrence Leeds, Director of Community Development, stated that staff was
recommending a 50% -50% (city/owner) sidewalk replacement program resulting in a
lien against the property if the owner refused to pay.
Mayor Anton stated that there was one area in the SW section of the City that was full of
black olive trees causing the sidewalks to buckle.
Director Leeds clarified that in those cases the City would pick up 50% of entire cost,
which may include a root barrier.
The Commission consensus was in favor.
6. Adjournment.
The meeting adjourned at 6:00 p.m.
i
C.K. MCELYE
MAYOR-COM ISSIONER
ATTEST:
• MIRIAM NASSER
ACTING CITY CLERK
Respectfully submitted by Jill Fiorentino
APPROVED: March 9, 2004
MINUTES 6 FEBRUARY 17, 2004
WORKSHOP MEETING