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Home My WebLink About2003-11-19 Planning and Zoning Board Minutes SUMMARY MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Wednesday, November 19, 2003 7:00 P.M. Audio tape not working at the beginning of the meeting(audio resume after Laurence Leeds'summation on item 2) ROLL CALL Edward Bourgeois Laurence Leeds, ACIP - Community Development Dept. Lottye Crooms Thomas Ansbro—City Attorney George Jason Susan Trevathen —Assistant City Attorney Victor Lohmann Louann Cunningham— Board Clerk Gary Luedtke Corinne Church, AICP, Principal planner Corinne Church, AICP, Principal Planner, Community Development Department addressed the Board and gave a brief summary of commission action. APPROVAL OF MINUTES: a) February 19, 2003 Regular Planning and Zoning Advisory Board b) August 20, 2003 Regular Planning and Zoning Advisory Board c) September 17, 2003 Regular Planning and Zoning Advisory Board Motion made by Gary Luedtke, seconded by George Jason to approve the minutes from Feb 19, August 20 and Sept. 17, 2003. Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann abstain Lottye Crooms yes Gary Luedtke yes AGENDA ITEMS: 1) VA-79-03 - Request by Michael and Anita Williams for a variance to allow a reconstruction and expanded garage 19 feet from the front property line (25 feet required) for a property located at 829 Argonaut Isle. Corinne Church addressed the Board describing the requested variance by Mr. & Mrs. Williams. Chairperson Crooms opened the item for public comment. Hearing no one and seeing no one, bringing the item back for discussion or action, public hearing was closed. Planning and Zoning Advisory Board MINUTES 1 November 19, 2003 l r Edgar Waller neighbor felt that the sha a of the lots are odd has no objection to the request 0 M . d9 9 P J q made by Mr. & Mrs. Williams and he would be the neighbor that would be most affected by the variance. Mrs. Anita Williams addressed the Board submitting a form with no objections from the neighbors (noted that this form was in the backup) Mr. Leeds asked what kind of palm tree is in front of the house. She responded that she believed it was a coconut palm. Mr. Leeds stated that he recommends approval subject to identification of palm tree because it may be a specimen tree. Motion made by Victor Lohmann, seconded by Gary Luedtke to approve variance request VA- 79-03 submitted by Michael and Anita Williams subject to relocation of the palm tree if necessary. Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann yes Lottye Crooms yes Gary Luedtke yes 2) Request by Paolo DeFrancisci representing Paolo's 3's Company for property located at 242 East Dania Beach Blvd., for approval of the following: VA-80-03 — Variance request for a general landscaping adjacent to the new parking lot directly west of 242 East Dania Beach Blvd. SP-81-03 — Site Plan request to construct a 20 space parking lot directly west of 242 East Dania Beach Blvd. Laurence Leeds, AICP, Director Community Development Department described the variance request by Paolo DeFrancisci representing 3's Company. Mr. Leeds explained that the applicant has meet the 30% landscaping requirement extensively on all sides of the site as well as exterior lighting along Dania Beach Blvd. Staff is recommending approval of the parking variance and site plan requests. Gary Luedtke asked if irrigation would remain as a condition. Mr. Leeds responded as no because there is a drip irrigation and Mr. DeFrancisci would be replaced it with sprinkle. Paolo DeFrancisci addressed the Board and explained the purpose of his request. Mr. DeFrancisci asked the Board if they have seen the improvements to the outdoor seating area recently and explained the landscaping improvements and parking plan. Chairman Crooms opened item for public hearing. Hearing no one and seeing no one, bringing the item back for discussion or action, public hearing was closed. Motion made by Edward Bourgeois, seconded by George Jason to approve variance VA-80-03 and site plan SP-81-03 requests by Paolo DeFrancisci, 3's Company; Planning and Zoning Advisory Board MINUTES 2 November 19, 2003 Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann yes Lottye Crooms yes Gary Luedtke yes ZONING CODE AMENDMENTS: 3) Revisions to Zoning In Progress— AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 "ZONING," ARTICLE 9 "ADMINISTRATION AND ENFORCEMENT," SECTION 9.24.1 "AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS" OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY AND EXPAND THE ZONING MATTERS SUBJECT TO THE PROCEDURE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Director Community Development addressed the Board regarding the text amendment intended for updating the current zoning code which was last adopted in 1976. Mr. Leeds explained that this text amendment is necessary because of a recent situation that occurred where developers argue that they should not be subject to the pending zoning regulations which affect their project. Staff has requested the city attorney prepare an amendment to the Zoning in Progress called "ZIP" city code provision. The amendment will allow the publication of the notice (advertisement for the Planning and Zoning Advisory Board), "zoning in progress" would become effective, which is a way to control new projects when zoning amendments are in the adoption phase. Staff recommended approval. George Jason asked if it is covered legally. Mr. Leeds responded that this is the best way to comply with changes that are in process. Chairman Crooms opened item for public hearing. Hearing no one and seeing no one, bringing the item back for discussion or action, public hearing was closed. Motion made by George Jason, seconded by Victor Lohmann to approve revisions made to the zoning in progress ordinance Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann yes Lottye Crooms yes Gary Luedtke yes Planning and Zoning Advisory Board MINUTES 3 November 19, 2003 4) Revisions to Park Impact Fees— AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO DEDICATION OF LAND AND FEES IN LIEU THEREOF FOR PARKS, OPEN SPACE AND RECREATION; AMENDING CHAPTER 19 "PLANNING AND DEVELOPMENT," ARTICLE VI "DEDICATION OF LAND FOR PARKS, OPEN SPACE AND RECREATION AREAS," SECTIONS 19.71 AND 19.72 OF THE CODE OF ORDINANCES TO PROVIDE FOR DEDICATION OF LAND OR FEE IN LIEU THEREOF WHEN A BUILDING PERMIT FOR A RESIDENTIAL UNIT IS REQUIRED; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Director Community Development addressed the Board regarding the proposed amendment that would require all persons either platting land or obtaining a building permit dedicated land or pay a fee in lieu of land dedication. The city currently only requires residential development that is to be "platted" pay its fair share of local park impact fees. Property platted decades ago now require to pay its fair share impact fee. Mr. Leeds further explained the revisions on park impact fee code and how it would affect future platting, permitting and collection of impact fees for parks, open space and recreation. He also mentioned how the park impact fees are calculated. George Jason asked if a developer allows green space within his project, does he or she require to pay a fee. Mr. Leeds responded that the developer would not be given credit for private green space because it is part of the complex. The developer has to build a park that is accessible by the public. Gary Luedtke asked where the funds collected from the proposed fee structure goes. Mr. Leeds replied that the fees collected would be segregated solely for parks and capital improvement related to parks and recreation. The structure fee will be base on value of the property. Staff recommended approval. Chairman Crooms opened item for public hearing. Hearing no one and seeing no one, bringing the item back for discussion or action, public hearing was closed. Motion made by Victor Lohmann, seconded by George Jason to approve revisions to the park impact fees text amendment. Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann yes Lottye Crooms yes Gary Luedtke yes 5) Revisions to Sign Code - Planning and Zoning Advisory Board MINUTES 4 November 19, 2003 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 2 "DEFINITIONS," AND ARTICLE 28 "SIGNS," TO REVISE AND UPDATE THE CITY'S SIGN REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Director Community Development addressed the Board regarding the proposed sign code amendments recommended by the city attorney in response to litigation by billboard companies against municipal sign codes. Billboard companies have identify inconsistencies of sign codes of other existing cities. If sign code is not change, the city would be sued and set in motion and would lose entire sign code. Mr. Leeds introduced Susan Trevathen, Assistant City Attorney to the Board who would be giving technical and legal analysis of the ordinance. Ms. Trevathen explained the necessity of revising and updating the city's sign code regulation provisions in order to keep the city from legal issues. She further described some of the pending cases and the necessity of the revisions. Mr. Leeds mentioned that about 95% of the changes in the code are to meet requirement of the laws. Staff recommended approval to current changes as written to comply with the "safety net" as required by law. Chairman Crooms opened item for public hearing. Victor Lohmann asked Lawrence Leeds if staff intended to revisit the entire sign code text after the holidays. Mr. Leeds would like to revisit the entire sign code text within 3-6 months if time permit so that the text could be made easier to understand. Ms. Trevarthen reiterated that this ordinance is merely removing the "red flags" from the ordinance. Further questions by the Board and staff regarding the removal of certain language and prohibited signs. Susan Trevarthen explained how changing certain text in the code would cause certain existing signs to become non-conforming. Gary Luedtke asked about the elimination and prohibition of obscene signs. Ms. Trevarthen further addressed the Board's concerns about obscene signs and how the courts regulated these signs and determination of true obscenity. Hearing no one and seeing no one, bringing the item back for discussion or action, public hearing was closed. Motion made by Victor Lohmann, seconded by Edward Bourgeois to approve revisions of the sign code ordinance as drafted. Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann yes Lottye Crooms yes Gary Luedtke yes The Board directed that the sign code amendment be revisited within 8 months for revision and reconsideration to the P/Z Board meeting at a later date. Planning and Zoning Advisory Board MINUTES 5 November 19, 2003 6) Design and Site Development Regulations located within the "LAC" - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 2 "DEFINITIONS" OF THE CITY CODE OF ORDINANCES TO DEFINE LARGE RETAIL ESTABLISHMENTS; AND AMENDING ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.60 "MISCELLANEOUS USES" OF THE CITY CODE OF ORDINANCES, TO PROVIDE NEW DESIGN AND SITE DEVELOPMENT REGULATIONS FOR SUCH ESTABLISHMENTS IF LOCATED WITHIN THE NEW LOCAL ACTIVITY CENTER (LAC) LAND USE DESIGNATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Director Community Development addressed the Board regarding the code amendment establishes supplementary design and site development regulations for large retail developments permitted within the new Local Activity Center (LAC). He briefly described these regulations are intended to encourage quality development that enhances the city's economic base, break up the mass of such establishments, and ensure that such establishments will be consistent with the intent and purpose of the LAC designation. Staff recommended approval. Chairman Crooms opened item for public hearing. Hearing no one and seeing no one, bringing the item back for discussion or action, public hearing was closed. Motion made by Gary Luedtke, seconded by George Jason to approve the design and site development regulations located within the "LAC" ordinance. Motion passed on the following roll call: Edward Bourgeois yes George Jason yes Victor Lohmann yes Lottye Crooms yes Gary Luedtke yes 7) Principal Arterial Commercial Design Standards AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.60 "MISCELLANEOUS USES," SUBSECTION 6.64 "PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY" OF THE CITY CODE OF ORDINANCES, TO MODIFY THE THRESHOLD FOR COMPLIANCE WITH THE STANDARDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, AICP, Director Community Development addressed the Board describing the code revisions relating to the Principal Arterial Commercial Design Standards to the Board. He said these code revision subject only to additions or renovations in excess of ten thousand dollars ($10,000.00). Most of the fagade renovations that are less than $10,000 occurring along Planning and Zoning Advisory Board MINUTES 6 November 19,2003 0 • the principal arterial commercial area do not require site plan review and are exempted from the PAD guidelines. Mr. Leeds stated that by eliminating the $10,000 threshold for certain renovations to commercial buildings, making it as staff process with more control and not city commission discretion. All new buildings would have to go through the Planning and Zoning Advisory Board and City Commission process. Victor Lohmann questioned on zero threshold amount. Mr. Leeds further explained the need for a zero threshold amount. Board continued to question regarding sub-paragraph C applicability, the Board was concerned that if Mr. Leeds ever leaves the city, aj new director may not have the same intent or willingness to follow the standards. Mr. Deeds had no problem with a $500 threshold, but is concerned that the business community will accept the rule but will not feel comfortable coming before a body for approval for small items. Further discussion regarding a sunset provision for the ordinance in 5 years. Ms. Trevarthen suggested giving a report to the P/Z and city commission in 5 years time, instead of setting an expiration date or sunset date. Exempting and restrictions on the painting of buildings were also discussed among the Board. Chairperson Crooms opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Motion made by Victor Lohmann with a change to sub-paragraph C to add sunset provision in 5 years and sub-paragraph A to make amendment to threshold $500 and review after 5 years; seconded by Gary Luedtke to approve the revisions to the principal arterial commercial design standards ordinance. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes 8) DISCUSSION OF DECEMBER 17, 2003, PLANNING AND ZONING ADVISORY BOARD MEETING. The Board has unanimously voted to cancel the December 17, 2003 meeting unless anything urgent comes up within the next 2 days. Adjourn. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED Ai RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT CHARLENE JOHNSON, 100 W.DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO MEETING. Planning and Zoning Advisory Board MINUTES 7 November 19, 2003