HomeMy WebLinkAbout2002-11-20 Planning and Zoning Board Minutes SUMMARY
_ MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday, November 20, 2002
7:00 P.M.
Roll Call
Edward Bourgeois Laurence Leeds, AICP, Growth Management Director
George Jason Thomas Ansbro- City Attorney
Paul Fetscher Lou Ann Cunningham - Board Clerk
Lottye Crooms
John Etling
1) Request by Associated Engineers of South Florida, Inc., representing John Leto for
property located on the south side of Griffin Road,west of SW 271h Avenue, and east
of the Thunderbird Mobile Home Park, in the City of Dania Beach, for the following:
SP-41-02 — Request for Site Plan approval to construct a 9,100 square foot retail
center and 20 townhouse units.
Laurence Leeds, AICP, Director of Growth Management, addressed the board and gave his
summation regarding the proposed site plan request. He briefly described and explained a fifth
condition which was not listed in staff's report to be added as part of staffs recommendation as
condition #5.
He explained the fifth condition as an additional requirement to relocate the retail building 5 feet
to the south and to provide a landscape area with additional palms, directly in front (north side)
and adjacent to the building.
Gus Aguirre of Associated Engineers of South Florida, Inc. representing John Leto addressed
the Board to answer any questions. In response to the board's inquiries regarding the water
heater, he indicated that the water heater shown on the plan was in error and that it would be
corrected showing unit placement underneath stairway leading to second story. The water
heater will be removed from the garage and would provide sufficient space of 19' depth for the
garage. He agreed to comply with all of the comments recommended by staff. Mr. Aguirre
indicated for the board that that these units would be operated as a homeowners association.
Chairman John Etling opened the item for public comment.
Charles Schaff Jr. of 4900 SW 31s' Ave, south of proposed property voiced his concern to the
Board regarding flooding in his area. He would like to know if there will be plans for
improvement on drainage in their neighborhood.
Mr. Leeds advised Mr. Schaff to contact the Utilities/Public Works Director, Michael Sheridan to
address his concerns regarding drainage issue.
Hearing and seeing no one further, Chairman Etling closed the public hearing, bringing the item
back to the Board for further discussion and possible action.
Planning and Zoning Advisory Board
MINUTES 1 November 20, 2002
The Board questioned about type of fence to be installed.
Mr. Schaff addressed the board, speaking in favor of a concrete wall opposed to a wooden
fence and explained that it would help deter trespassers climbing onto his property.
George Jason questioned about the air conditioned square feet.
Mr. Aguirre responded that the square footage under air is at this location is 1,500 square feet.
Mr. Leeds informed the Board that the survey showed a 10 foot wide utility easement along side
of property. He told the Board that he was advised by the Public Works Director that a concrete
wall is not appropriate at this location. Mr. Leeds suggested to the applicant to seek the advice
of Public Works Director. He also advised that the board could approve the plan subject to the
determination of the Public Works/Utilities Director, the type of fence to be installed.
Motion made by Paul Fetscher to recommend approval of site plan request SP-41-02, subject to
staff's recommendations, as follows:
Staff recommendation:
1) Applicant to revise landscape and site plan to address landscape comments (attachment
"A"
2) Applicant to obtain written approval of Fire Marshall and Public Works/Utilities Director.
3) Provide one additional guest parking space; install a six foot concreted CBS wall along
the east and south lot lines subject to Public Works/Utilities Director's approval and right-
of-way issue.
4) Revised floor plans so that garage is at least 19 feet deep.
5) Relocate retail building five feet to south and to provide landscape area with additional
palms in front and adjacent to the building.
Seconded by George Jason. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes
2) VA-51-02 — Variance Request by Marvin and Carolyn Wickham for property located
on SW 471h Street approximately 375 feet west of Ravenswood Road, in the West
Dania Heights Subdivision. Mr. and Mrs. Wickham are requesting a variance to
allow two parking spaces for a duplex (Six spaces required - Chapter 28, Zoning,
Article 6.21 Off-Street Parking Requirements).
SP-51-02 _ Request for Site Plan approval to construct a duplex on Broward County
R 3 (Multi family) Zoning.
Laurence Leeds, AICP, Director of Growth Management, addressed the board and gave a
summation regarding the proposed requests. He briefly described and explained the variance to
allow at least four parking spaces (six spaces required). Staff recommended approval of the
variance subject to installation of four parking spaces.
Planning and Zoning Advisory Board
MINUTES 2 November 20, 2002
Carol Wickham of 2830 SW 191h Terrace addressed the Board and indicated that she has no
objection to staff's recommendation for four parking spaces.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one, John Etling closed the public hearing, bringing the item back to the
Board for further discussion.
Motion made by Lottye Crooms to recommend approval of variance request VA-51-02 to allow
for four parking spaces, seconded by Dr Paul Fetscher. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Motion made by Lottye Crooms to recommend approval of the site plan request SP-51-02,
seconded by Dr. Paul Fetscher. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
3) VA-55-02 — Variance request by Charles Muzzonigro, owner of Dania News and
Books located at 310 East Dania Beach Blvd., within the Winn Dixie Shopping
Center. Mr. Muzzonigro is requesting a variance from Chapter 4, Alcoholic
Beverages, Section 4-3. Proximity of One Business to Another. He is requesting that
a variance be granted to allow the sale of liquor, for off premise consumption, at his
business which is located within 1,000 feet from another business which holds a
retail vendor license to sell alcoholic beverages (Players Restaurant).
Laurence Leeds, AICP, Director of Growth Management addressed the Board and gave a
summation regarding the proposed request. He briefly described and explained the applicant's
need for a variance to sell liquor and has no objection recommending approval subject to no
alcohol sales after 8:00 pm.
Charles Muzzonigro of 6989 NW 301h Avenue, Ft Lauderdale, addressed the Board regarding
hours of operation (Monday through Friday from 8:30 am to 7:00 pm; Saturday from 8:00 am to
7:00 pm and Sunday 8:00 am to 2 pm).
Chairman John Etling opened the item for public comment.
Charlene Scalese of 3626 NW 13th Avenue, spoke in favor of request.
Hearing and seeing no one further, Chairman Etling closed the public hearing, bringing the item
back to the board for further discussion and possible action.
Motion made by Dr Paul Fetscher to recommend approval of variance request VA-55-02 to
allow sale of liquor with the contingency that no alcohol beverages would be sold after 8:00 pm,
seconded by George Jason. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Planning and Zoning Advisory Board
MINUTES 3 November 20, 2002
4) VA-62-02 — Variance Request by William E. Elmore, Jr. owner of property located at
2967 Ravenswood Road. Mr. Elmore is requesting variances from the following:
1. Variance to allow 12 parking spaces for an office/warehouse building, (14
spaces required — Chapter 28, Zoning Article 6.21 Schedule of Off-Street
Parking Requirements).
2. Variance to allow 7% office space (Minimum 10% Office Space Required) .
3. Variance to allow zero setback along the south property line (Minimum 10 foot
setback required).
SP-61-02 — Request for Site Plan approval to construct a 7,760 square foot office /
warehouse building.
Laurence Leeds, AICP, Director of Growth Management, addressed the Board and gave a
summation regarding the proposed request. He briefly described and explained from staff past
experience that warehouse at industrial type building has a tendency to rent out as distribution
center and thus does not required much parking space.
Mr. Leeds recommended denial of the variance request (1), suggesting that the applicant
provide the two additional parking spaces. He indicated that staff recommends approval of
variances (2) and (3), as well as the request for site plan approval subject to staff's conditions
and compliance with landscape comments and revised building elevations (consistent with
IROM requirements).
Adrian Peana of SET Soilprobe, representing William E Elmore Jr. addressed the Board. He
informed the Board that the applicant has revised the project including building elevations and
presented copies of the revised elevation plan to the Board.
He also advised that the applicant review the site plan with both the Building Official and Fire
Marshall regarding safety code violations.
Chairman John Etling opened the item for public comment. Hearing and seeing no one, Mr.
Etling closed the public hearing, bringing the item back to the Board for further discussion and
possible action.
Motion made by Lottye Crooms to recommend approval of variance (1) to allow 11 parking
spaces; variance (2)to allow 7 % office space; variance (3) to allow zero setback along the
south property line subject to staffs recommendations as follows:
Compliance with landscape comments, revised building elevations (consistent with IROM
requirements), submission of color building rendering for submission to the City Commission,
compliance with building and life safety codes. Applicant is advised to review the site plan with
both the building Official and Fire Marshall.
Seconded by Dr Paul Fetscher. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Planning and Zoning Advisory Board
MINUTES 4 November 20, 2002
Motion made by Lottye Crooms to recommend approval of site plan request SP-61-02, subject
to staff's recommendations as follows:
Staff's recommendation:
Compliance with landscape comments, revised building elevations (consistent with IROM
requirements), and color building rendering for submission to the City Commission. All to be
addressed prior to being scheduled for City Commission
Seconded by George Jason, motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
5) Request by Stephen St. Clair for property located to the south of 901 Griffin Road
(Competition Cycle Center) for the following:
RZ-53-02 - Rezoning request from C-3 to C-4.
SE-54-02 -Special Exception Request to allow automobile, truck, motorcycle, trailer,
recreation vehicle sales, boat, display, repair, service, storage, rental, and leasing.
(Chapter 28, Zoning, Article 4.20 Schedule of Use Regulations).
VA-54-02 -Variance to allow the following:
(a) Six foot high chain link fence adjacent to residential zoned property to the
south (Eight foot high masonry wall or solid wood fence required).
(Chapter 26 Vegetation, Article IV Landscaping)
(b) Single row of trees 80 feet off center, placed inside the wall or fence
adjacent to residential zoned property to the south (Double row of trees,
each row 40 feet off-center, required). (Chapter 26 Vegetation, Article IV
Landscaping)
(c) A continuous hedge, two feet high, planted three feet off center, located
on the outside of the masonry wall, solid fence, or chain link fence
Continuous hedge three feet high, planted two feet off center required).
( g 9 � .P q )
(Chapter 26 Vegetation, Article IV Landscaping)
(d) Unpaved parking area (Paved parking area required). (Zoning Appendix
Article V. Off Street Parking Requirements)
(e) No irrigation provided (Underground irrigation required) (Chapter 26
Vegetation, Article IV Landscaping).
Laurence Leeds, AICP, Director of Growth Management, addressed the Board and gave his
summation regarding the proposed request. Staff recommends approval of the rezoning
request because C-4 is a compatible zoning designation, based on the property use on the east,
west, north and south.
Staff recommended denial of the special exception request as submitted. Staff evaluated the
proposed uses pursuant to the special exception criteria and found some of the criteria (nos. 2,
Planning and Zoning Advisory Board
MINUTES 5 November 20, 2002
3, 4, 7, 10, and 11) have not been addressed by the applicant. Applicant must demonstrate all
standards, requirements and criteria of the zoning code have been met to the Board.
Some of the criteria that have not been addressed by applicant are as follows:
(2) That the use will not cause a detrimental impact to the value of existing
contiguous uses to uses in the general area and to the zoning district where it
is to be located.
An outdoor, unpaved vehicle storage lot will have a detrimental impact on the value
of the residential property to the south (noise, lights, vibrations, fumes, odors, and
dust, etc).
(3) That the use will be compatible with the existing uses on contiguous property
with uses in the general area, and the zoning district where the use is to be
located and compatible with the general character of the area, considering
population density, design, scale and orientation of structures to the area,
property values and existing similar uses or zoning (including consideration of
population density, design, scale orientation, and property values of
residential uses located to the south of the proposed use).
While the proposed use is arguably compatible with uses to the east, west, and
north, it is not compatible with future residential development to the south.
(4) That adequate landscaping and screening are provided as required in this
chapter.
Applicant has not provided adequate landscaping and screening to protect the
adjacent residential property to the south.
(7) That the use will not have a detrimental environmental impact upon contiguous
properties and upon properties located in the general area or an environmental
impact inconsistent with the health, safety and welfare of the community.
An outdoor, unpaved, vehicle storage lot will have a detrimental environmental
impact on the future development of residential property to the south (noise, lights,
vibrations, fumes, odors, and dust).
T he use will not have a detr
imental effect on the future development of
(10) That t p
contiguous properties according to the Comprehensive Plan.
An outdoor, unpaved vehicle storage lot will have a detrimental impact on the future
development of residential property to the south based upon Policy 5.6, Objective
XXIV, and Policy 24.1 of the Dania Beach Comprehensive Plan.
Policy 5.6: Employ its local land use plan and zoning ordinance to establish differing
intensities of commercial development compatible with adjacent and surrounding land
uses.
Objective XXIV. Develop and implement land use programs to encourage the
elimination or reduction of existing incompatible land uses and prevent future
incompatible land uses.
Planning and Zoning Advisory Board
MINUTES 6 November 20, 2002
Policy 24.1: Dania Beach shall minimize the impacts of existing incompatible land
uses through requirements within their land development codes and regulations, such
as buffering and setbacks.
(11) That the use will not result in the creation of incompatible noise, lights,
vibrations, fumes, odors, dust or physical activities, taking into account
existing uses, uses located on contiguous properties uses in the general area
and the zoning in the vicinity due to its nature, duration, direction or character.
The proposed outdoor vehicle the use will result in the creation of incompatible noise,
lights, vibrations, fumes, odors, and dust in the general area due to its nature,
duration, direction or character.
Staff recommended denial of the variance request based on the proximity of the subject parcel
to vacant residentially zoned property. Mr. Leeds mentioned that the waiver of landscape,
screen wall, and paving requirements would decrease the desirability of developing the adjacent
property for residential use.
He showed a copy of the CRA plan to the Board and explained future plans to encourage
reinvestment in the city; and to also make allowance and to create opportunity for quality
housing. Approval of variance would discourage redevelopment of quality housing for single and
multi-family homes on residential property to the south.
Staff would not support the special exception and variance requests as submitted. However,
staff would consider an alternative use based on conditions a) through h) outlined by staff and a
copy of FPL's right-of-way use guidelines that outline prohibited uses by Florida Power and
Light.
Applicant would have to revise the plans to reflect the following changes:
a) Outdoor storage limited to fully assembled passenger vehicles, recreation vehicles,
sport utility vehicles, pick-up trucks, boats, and boat trailers; Jet Ski's may not be
stored within 100 feet of the south lot line.
b) Trucks, truck trailers, any inoperative vehicles, and all other material and equipment,
as well as service or repair activities shall be specifically prohibited.
c) Installation of an eight (8)foot screen wall (CBS or tilt wall) along south and east lot
line prior to commencing operation.
d) Compliance with all perimeter landscape requirements.
e) Hours of operation from 0700 hrs to 1900 hrs (7 am to 7 pm), security gate, and
appropriate lighting.
f) Paved parking area.
g) Dedication of sufficient right-of-way on adjacent public streets. Construction of 24
foot wide pavement cross section subject to approval by Public Works/Util'ities
Director.
h) Site plan to be revised to demonstrate compliance with Fire-Rescue requirements.
Planning and Zoning Advisory Board
MINUTES 7 November 20, 2002
Patty Hart of 517 NE 2"d Place, Dania Beach, representing Stephen St Clair (Competition Cycle)
addressed the Board in respond to staffs comments. She indicated that the applicant will
provide irrigation and is willing to comply with staffs comments.
Applicant assured the Board of no problem meeting the Fire Marshall's requirement. They
indicated that they do not have an actual cost for construction and would like to request paving
be done in three phases in order to fully comply with staffs conditions.
Lottye Crooms agreed with Mr. Leeds's comments, and the drug issues are Broward Sheriff
Office's responsibility. She also mentioned that it is difficult to develop any structure or building
under a power line.
Mr. Leeds agreed that there may not be a possibility of a structure or building build under a
power line, however the proposed outdoor storage still has to meet with the same criteria as an
industrial park or shopping center.
Applicant indicated that they would like to phase the operation, i.e., instead of building a big
storage yard, they proposed to construct a little one with wall landscaping and paving for
condition e) and still meet staff's conditions.
Ms. Hart added that each phase would meet the requirements of landscaping, irrigation,
screening and beautification with an eight foot wall landscape.
Mr. Leeds requested to see the phasing plans and hours of operations. He also suggested
dedication of sufficient right-of-way along NW 9th Avenue as part of the staff's condition upon
discussion with the Public Works Director.
Staff recommended denial to the special exception and variance request as submitted.
However, the Board could make a recommendation for approval based on the conditions
outlined by staff, subject to submission of phasing plan.
After further discussion with her clients, Patty Hart informed the Board that they would agree to
staff's condition a) through f)with a caveat for parking. They would not agree to condition g) and
h) because of the uncertainty cost and involvement of paving.
Tom McPartland, part owner of property, addressed the Board regarding the request. He has no
objection with the additional conditions added by the Board.
Mr. Leeds requested a list of vehicles which would be allowed for storage and suggested
approval subject to staff's recommendation.
John Etling advised Patty Hart to clarify with the Fire Marshall regarding fire rescue
requirements. He also verified as to whether the property is immediately west of CRA
boundary.
John Etling commented Mr. St Clair's ongoing business. He also remarked about land usage
over power line and the need for an outdoor storage in the city.
George Jason questioned regarding phase of construction of wall.
Chairman John Etling opened the item for public comment. Hearing and seeing no one, John
Etling closed the public hearing, bringing the item back to the Board for further discussion and
possible action.
Planning and Zoning Advisory Board
MINUTES 8 November 20, 2002
Motion made by Dr Paul Fetscher to recommend approval of the rezoning, seconded by George
Jason. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Motion made by Dr Paul Fetscher to recommend denial to special exception request as
submitted, seconded by Lottye Crooms. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Motion made by Dr Paul Fetscher to recommend denial to variance, seconded by Lottye
Crooms. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Motion made by Dr Paul Fetscher to recommend approval of the special exception and variance
request subject to conditions a)through h) and additional condition i) as submitted by staff and
as amended by Board,
Staff's recommendations:
a) Outdoor storage limited to fully assembled passenger vehicles, recreation
vehicles, sport utility vehicles, pick-up trucks, boats, and boat trailers; Jet
Ski's may not be stored within 100 feet of the south lot line.
b) Trucks, truck trailers (inoperative vehicles) and all other material and
equipment, as well as service or repair activities shall be specifically
prohibited.
c) Installation of an eight (8)foot screen wall (CBS or single panel tilt-wall along
the south and east lot line) prior to commencing operation.
d) Compliance with all perimeter landscape requirements.
e) Hours of operation from 0700 hrs to 1900 hrs (7:00 am to 7:00 pm), security
gate, and appropriate lighting.
f) Paved parking.
g) Dedication of sufficient right-of-way. Construction of 24 foot wide pavement
cross section subject to approval by Public Works/Utilities Director.
h) Site plan to be revised to demonstrate compliance with Fire-Rescue
requirements.
i) Phase construction including full compliance with all requirements per phase.
Each phase must be completed within two (2) years.
Seconded by Lottye a Crooms. Motion p 9 passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Planning and Zoning Advisory Board
MINUTES 9 November 20, 2002
6) EA-60-02— Request by Vetmur Inc. dba Wayside Inn—38 NE I"Ave for an extended
hours liquor license.
Laurence Leeds, AICP, Director, Growth Management Director He briefly described the
applicant's request for permission to open at 11:00 am on Sundays (two hours earlier).
The BSO report indicated no activity and staff recommended approval.
Chairman John Etling opened the item for public comment.
Susan Coiley of 450 SE 7th Street representing Wayside Inn addressed the Board. The request
to open earlier at 11 am on Sundays so that patrons could come in and watch the football game.
Hearing and seeing no one further, Chairman Etling closed the public hearing, bringing the item
back to the board for further discussion and possible action.
Motion made by Lottye Crooms to recommend approval to extended hours request EA-60-02,
seconded by Dr Paul Fetscher. Motion passed on the following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
7) CITY ZONING ORDINANCES -
A) AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF
ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 2.
"DEFINITIONS," SECTION 2.10. "DEFINITIONS" TO DEFINE TERMS RELATED TO
NONCON FORM[TIES; AMENDING ARTICLE 8 "NONCON FORM IT[ES" TO REVISE THE
STANDARDS APPLICABLE TO NONCONFORMITIES WITHIN THE CITY OF DANIA
BEACH; AMENDING ARTICLE XXVII. "INDUSTRIAL-RESEARCH-OFFICE-MARINE
(IROM) DISTRICT," SECTION 27.80 "LAWFULLY EXISTING DEVELOPMENT" TO
ADDRESS THE APPLICABILITY OF THE FLORIDA BUILDING CODE; AMENDING
ARTICLE XXX. "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT,"
SECTION 30.80 "LAWFULLY EXISTING DEVELOPMENT" TO ADDRESS THE
APPLICABILITY OF THE FLORIDA BUILDING CODE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
B) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
ZONING; RE-ZONING INCORPORATED PROPERTIES FROM BROWARD COUNTY
ZONING DISTRICTS AS DEPICTED ON THE MAPS ATTACHED AS COMPOSITE
EXHIBIT A AS FOLLOWS: FROM COUNTY ZONING DISTRICT B-1 TO CITY ZONING
DISTRICT C-1; FROM COUNTY ZONING DISTRICTS B-2, B-2A, AND B-213, TO CITY
ZONING DISTRICT C-2; FROM COUNTY ZONING DISTRICT B-3 TO CITY ZONING
DISTRICT C-3; FROM COUNTY ZONING DISTRICT B-4 TO CITY ZONING DISTRICT C-
4; FROM COUNTY ZONING DISTRICTS M-1, M-2, AND M-4 TO CITY ZONING
DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 (EXCLUDING M-3 ZONED
PROPERTIES UNDER THE JURISDICTION OF PORT EVERGLADES) TO CITY
ZONING DISTRICT IG; FROM COUNTY ZONING DISTRICTS M-3 THAT ARE UNDER
THE JURISDICTION OF PORT EVERGLADES TO CITY ZONING DISTRICT PEDD;
PROVIDING CONFLICTS; PROVIDING FOR A SAVINGS CLAUSE; FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
Planning and Zoning Advisory Board
MINUTES 10 November 20, 2002
Laurence Leeds, AICP, Director of Growth Management, addressed the Board and gave his
summation regarding the proposed requests. He briefly described item (A) relating to Non-
conforming uses and explained the current ordinance and to allow a period of one year for
abandonment of activity (nonconforming uses and structures). Mr. Leeds questioned Mr.
Thomas Ansbro, City Attorney, on the possibility of reducing the period of time on undesirable
uses from one year to six months.
Mr. Ansbro agreed with Mr. Leeds that a 1 year period is too long and yes the ordinance could
be amended to 6 months. Dr Paul Fetscher inquired the minimum period of time allowed. Mr.
Ansbro responded that 6 months would be more likely consistent with most cities and counties.
Chairman John Etling opened the item for public comment. Hearing and seeing no one,
Chairman Etling closed the public hearing, bringing the item back to the Board for further
discussion and possible action.
Motion made by Paul Fetscher to recommend approval of the amendment to Non-conforming
use regulations with corrections to Chapter 28 Zoning Article 8.31 providing for abandonment of
non conforming uses for 6 months, seconded by Lottye Crooms Motion passed on the
following roll call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Mr. Leeds addressed the Board on item (B) zoning map change and explained that due to
annexation, staff has had to enforce three different zoning codes; the 1990 Broward County
Zoning Code, the current Broward County Zoning Code, and the current Dania Beach Zoning
Code.
Mr. Leeds explained the need to rezone County commercial and industrial zoning districts to the
applicable City of Dania Beach commercial and industrial zoning district designation. The
attached rezoning consolidates all three codes into the City of Dania Beach code, making for
easier and more equitable enforcement.
He recommended approval of the ordinance which amends the County zoning districts as
follows:
1) The rezoning of Broward County "B" (Business) Districts to the applicable City of Dania
Beach "C (Commercial) Districts. These properties were annexed between 1990 and
2001 and are generally located along Ravenswood Road, State Road 84, and Griffin and
Striling Road west of Bryan Road.
2) The rezoning of Broward County "M-1, M-2, and M-4" (Industrial) Districts to the City of
Dania Beach "IG" (General Industrial) Districts. These properties were annexed between
1990 and 2001 and are generally located along Ravenswood Road, State Road 84, and
Griffin and Stirling Road west of Bryan Road.
3) The rezoning of Broward County "M-3" Industrial Districts (excluding M-3 zoned
properties under the jurisdiction of Port Everglades) to the City of Dania Beach "IG"
(General Industrial)zoning district.
Planning and Zoning Advisory Board
MINUTES 11 November 20, 2002
4) The rezoning of Broward County "M-3" Industrial Districts that are under the jurisdiction
of Port Everglades are hereby re-zoned to the City of Dania Beach PEDD ("Port
Everglades Development District') zoning district.
Chairman John Etling opened the item for public comment. Hearing and seeing no one,
Chairman Etling closed the public hearing.
Motion made by Paul Fetscher to recommend approval to rezoning of County Commercial and
Industrial Zoning Districts to the applicable City of Dania Beach Commercial and Industrial
Zonning District Designations, seconded by George Jason. Motion passed on the fallowing roll
call:
Edward Bourgeois yes Lottye Crooms yes
George Jason yes John Etling yes
Dr. Paul Fetscher yes.
Due to the holiday season, Chairman Etling verified whether the board should proceed with a
December 18, 2002 meeting. Lottye Crooms informed the Board that she will not be available
for that meeting. All board members will be informed.
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 A 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 12 November 20, 2002