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HomeMy WebLinkAbout2001-03-21 Planning and Zoning Board Minutes SUMMARY MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Wednesday, March 21, 2001 7:00 P.M. ROLL CALL - John Etling Laurence Leeds, AICP, Growth Management Director Mike Nolan Thomas Ansbro—City Attorney Lisa Young Lou Ann Cunningham — Board Clerk Paul Fetscher arriving late. Jason Dubow— Excused Absence Bob Adams former Board member spoke and expressed the pleasure he had serving on the Board. Attorney Ansbro expressed his gratitude and thanked Mr. Adams for this hard work. 1. Approval of Agenda 2. Approval of Minutes: Motion to approve minutes from the February 21, 2001 regular meeting made by Lisa Young, seconded by Mike Nolan. Motion passed unanimously. 3. TX-17-01 - Text change to allow Stealth Cellular/Internet Antennas in the following multi-family zoning districts: R-M, R-M (1), R-M (2), R-M (3), and R-3A; and to provide spacing requirements between Stealth Cellular/Internet Antennas in said multifamily districts; and to provide minimum setbacks from single family residential districts for Stealth Cellular/Intemet Antennas in said multifamily districts. Laurence Leeds, AICP, Growth Management Director gave a summation to the Board regarding the proposed text change. Mr. Leeds recommended amending the Zoning Code to regulate the placement of stealth and/or internet antenna in multi-family districts as per items 1-3 of his staff report. Attorney Ansbro stated that his colleagues in Zoning and Telecommunications reviewed the Ordinance and are comfortable with it. Mr. Leeds described a stealth antenna. Board discussion on potential electromagnetic hazards, setbacks and carrier monopolies. Board member Etling opened the item for public comment. Jeff Merz, representing Voicestream spoke in favor of the text change. Mr. Merz presented with Board with photos of his company's proposed stealth antenna. Board discussion regarding other carriers ability to co-locate. . b kee Brandmarti 101 SE 3 Ave representing Meadowbrook Condominiums spoke in Chic p g M p opposition to locate in residential area. Presented a petition consisting of 300 signatures opposing the text change. Planning and Zoning Board 1 March 21, 2001 MINUTES - 1 Ralph Viviano, 131 SE 3rd Ave. resident of Meadowbrook Condominiums spoke in favor of the text change. Hearing and seeing no one further, Mr. Etling closed the public hearing. Mr. Leeds withdrew the change involving a setback requirement for towers, item (5) c., and requested that the board clarify the co-location issue. Mr. Nolan expressed his concerns, having the residents' best interest in mind. Mr. Merz stated that he would be happy to provide the board with a study showing the antennas fall below the allowance of emissions. Mr. Etling reopened the public hearing. Vince Labriolla resident at 441 SE 3`d St. asked how many watts the antenna outputs. Mr. Etling closed the public hearing. Motion made by Paul Fetscher to deny TX-17-01, seconded by Lisa Young. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes 4. RZ-57-00 — Rezoning request by Dave Martino, Agent for Florida Power and Light, for property located directly North of the Dania Cut-Off Canal, extending approximately 1,300 feet East of U.S. 1 and extending approximately 270 feet North of the Dania Cut-Off Canal. The request is to rezone property from I-G (Industrial General) to IRO (Industrial Research Office). SP-10-01 — Site Plan Request by Dave Martino, Agent for Florida Power and Light, for property located directly North of the Dania Cut-Off Canal, extending approximately 1,300 feet East of U.S. 1 and extending approximately 270 feet North of the Dania Cut-Off Canal. The site plan request is for a proposed substation located in that portion of the zoning parcel directly east of the existing substation and measures approximately 520 feet long by 260 feet deep. Martino, Agent nt for Florida Power and Light, for Exception Request b Dave Ma 9 SE-58-00 — Special Excep q y 9 property located directly North of the Dania Cut-Off Canal, extending approximately 1,300 feet East of U.S. 1 and extending approximately 270 feet North of the Dania Cut-Off Canal. The request is for a Special Exception use to allow an "Electrical Substation" in an IRO (Industrial district as per Chapter 28, Zoning, Article 16, Section .20 (b)(2). The Research Office zoning p p 9 Res ) 9 proposed electrical substation site is located in that portion of the zoning parcel directly east of the existing substation and measures approximately 520 feet long by 260 feet deep. Laurence Leeds, AICP, Growth Management Director gave a summation to the board. Mr. Leeds concluded his summation recommending approval of the rezoning and deferral of the site plan and special exception. Dave Martino representing Florida Power and Light gave a presentation to board regarding the ion criteria 2 3 4 7 10 11, the special exception , addressed , substation. Mr. Martino p need for the subst P and 14. Planning and Zoning Board 2 March 21, 2001 MINUTES John Etling addressed item 11 relating to lighting and the addition of lines for service to the south of the canal. Paul Fetscher questioned the height of berm. Mr. Martino stated that there would be a total of 13 or 14 ft. of buffering with the planting of the areca palms. Mr. Etling opened the item for public comment. Patty Hart, resident spoke in favor of the petitions as long as the site remains low voltage. Hearing and seeing no one further, Mr. Etling closed the public hearing. Motion made by Mike Nolan to approve RZ-57-00, seconded by Lisa Young. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes Discussion on height of areca palms and coco plum buffer hedge. Mr. Etling expressed his concern regarding the water restrictions and the planting of possibly taller palms. Mr. Martino stated that areca palms do not require excessive watering. Motion made by Lisa Young to move the special exception request (SE-58-00) forward to the City Commission, with the recommendation that the City Commission make a "finding" as to whether the applicant has met the Special Exception Criteria (Nos. 1, 3, 4, 7,10, 11 and 14) set forth in Chapter 28, Zoning, Article 6, Supplementary Use Regulations, Section 6.40; seconded by Paul Fetscher. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes Motion made by Paul Fetscher to move the site plan forward to the City Commission, with the recommendation that the City Commission first make a "finding" on the special exception use before ruling on the site plan request (SP-10-01); seconded by Mike Nolan. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes 5. SA-01-01 — Sign Adjustment request by Phil Glassman, Managing Partner for Dania Shopping Center, 100 through 130 South Federal Highway Dania Beach. Mr. Glassman is requesting a waiver from Chapter 28, Article 28, Signs, to allow the following signs to remain: Family Dollar Sign: 96 sq. ft. (24' x 4'); Checks Cashed/Auto Tag Agency Sign: 80 sq. ft. (20' x 4'); Cigar World Sign: 18 sq. ft. (3' x 6'); and Jaxson's Ice Cream 72 sq. ft. (24' x 3'). In the alternative, Mr. Glassman requests approval to replace the existing Checks Cashed/Auto Tag Agency Sign with a "Checks Cashed/Rapid Tax/Cell Phone Sign" of similar size. Also, Mr. Glassman is requesting a waiver from Chapter 28, Article 28 (Signs) Section 28.180, to allow existing window signage to remain (Temporary and permanent window signage is prohibited by the Sign Code). Lisa Young disclosed that she has a personal interest in the Rapid Tax store and will not be voting on this item due to conflict of interest. Planning and Zoning Board 3 March 21, 2001 MINUTES Laurence Leeds, AICP, Growth Management Director gave a summation to the board regarding the proposed sign adjustment. Mr. Leeds concluded his summation stating that he has no recommendation regarding the window signage. Paul Porzio, representing Dania Shopping Center spoke regarding the sign adjustment. Ken Miller representing the check cashing store presented the board with new copy for their signs. Mr. Miller stated that they have reduced their signs already. Mr. Miller is requesting to keep the same size box and reduce the print. Mr. Leeds made suggestions on the color scheme. Mr. Etling gave the history of the sign code ordinance. Lisa Young spoke in favor of the sign adjustment. Mr. Etling opened the item for public comment; hearing and seeing no one the chairman closed the public hearing. Motion made by Mike Nolan to recommend approval Family Dollar, Cigar World and Jaxson's sign adjustment, seconded by Paul Fetscher. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes Motion made by Mike Nolan to recommend approval the Check Cashing Store subject to the area not exceeding 3' x 15' (45 sq. ft.), with the copy area consisting of green lettering and white background and the area outside the copy area be hunter green. Motion seconded by Paul Fetscher. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - abstained Motion made by Paul Fetscher to recommend denial of the request for window signs, seconded by Mike Nolan. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - no 6. VA-18-01 -Variance Request by Richard Beidl, agent for Port 5, Ltd. For property located at 2150 NE 7th Ave., Dania Beach, also known as Parcel B, Nisa Plat. Mr. Beidl is requesting (1) permission to provide 20% pervious area (30% required), and (2) a generalized landscaping variance. Mr. Etling opened the item for public comment; hearing and seeing no one the chairman closed the public hearing. Motion made by Lisa Young to recommend approval on the variance request subject to the eight conditions presented by staff, seconded by Paul Fetscher. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes Planning and Zoning Board 4 March 21, 2001 MINUTES SP-03-01 — Site Plan Request by Richard Beidl, agent for Port 5, Ltd. For property located at 2150 NE 7th Ave., Dania Beach, also known as Parcel B, Nisa Plat. The request is for the construction of a 72,000 sq. ft. office/warehouse building. Mr. Etling opened the item for public comment; hearing and seeing no one the chairman closed the public hearing. Motion made by Lisa Young to recommend approval of the site plan, subject to the eight conditions presented by staff; seconded by Paul Fetscher. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes 7. VA-15-01 — Variance request by Charles Camacho for duplex property located at 121 NE 3rd Street, also known as Lot 12, 13 Blk 2 of the Poinciana Park Subdivision. Mr. Camacho is requesting a variance from Chapter 28, Zoning Article 4, Schedule of Lot, Yard and Bulk requirements, to allow twin air conditioning units to be setback two feet from the side (south) lot line (five foot setback required). Ivan Jasper, resident at 246 NE 2"d Ave; next door neighbor to Charles Camacho objected to variance request. He insisted that Mr. Camacho should follow the code. Lisa Young asked about the height of the a/c units. To cut down the noise, several options were suggested to have the unit removed, relocated, or to place the unit on the roof. John Bartley, local contractor, suggested putting soundboard between Mr. Jasper's home and his neighbor. Mr. Camacho agreed to put up soundboard if approved. Mr. Etling opened the item for public comment; hearing and seeing no one the chairman closed the public hearing. Motion made by Lisa Young to approve sound wall (24"), seconded by no one — motion failed for a lack of seconds. Motion made by Mike Nolan to deny variance, seconded Paul Fetscher. Motion passed on the following roll call: John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - no 8. VA-16-01 - Variance Request by Doreen and John Bartley, for property located at 201 S.E. 2nd Avenue, Dania Beach. The Bartley's' are requesting a variance from Chapter 28, Zoning Article 5, Section 5.44, to allow construction of a garage addition, up to 12 feet in height as measured to the ceiling of the garage, with a seven feet rear yard setback (10 foot setback required). Mr. Etling opened the item for public comment; hearing and seeing no one the chairman closed the public hearing. Motion made by Mike Nolan to approve the variance on the condition that no a/c units would be allowed to be built next to the approved garage extension, seconded by Lisa Young. Motion passed on the following roll call: Planning and Zoning Board 5 March 21, 2001 MINUTES John Etling - yes Mike Nolan - yes Paul Fetscher - yes Lisa Young - yes Adjourn Planning and Zoning Board 6 March 21, 2001 MINUTES 0 FORM 813 MEMORANDUM. OF. VOTING CONFLICT FOR. COUNTY., MUNICIPAL9 AND OTHER LOCALPUBLIC OFFICERS NAME-FIRST NJMD1Z. NAME 10ARD, C ,OR MEE earl- THE BOARD.COUNCM.COMMISSION,AUTHORITYOR COMMITTEE ON f WHICH I SERVE IS A UNIT OF: O COUNTY O OTTER FOCAL AGENCY 'NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOT OCCURRED MY POSITION IS: (] ELECTIVE trvT'tvE WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,commission,authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position.For this reason,please pay close attention;to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143,FLORIDA STATURES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss.Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to thej special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies under See.163.356 or 163.357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not pro- hibited from voting in that capacity. For purposes of this law,a'relative'includes only the officers father,mother,son,daughter,husband, wife,'brother,sister,father- in-law,mother-in-law,son-in-law,and daughter-in-law.A'business associate'means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters,you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in.the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICE 'S INTEREST (jC) I. hereby disclose that on 4 C (a)A re came or will come�dre my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed i NOTICE:UNDER PROVISIONS OF FLORIDA STATUTES §112.317,A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-REV.1/95 PAGE 2