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HomeMy WebLinkAbout2000-02-23 Planning and Zoning Board Special Meeting Minutes SUMMARY MINUTES CITY OF DANIA BEACH SPECIAL MEETING Wednesday, February 23, 2000 7:30 P.M. 1. Present: Staff: Bob Adams Laurence Leeds, AICP - Growth Management Director Paul Fetscher Thomas Ansbro — City Attorney Jason Dubow Lou Ann Cunningham — Board Clerk Victor Lohmann Richard Seay Laurence Leeds, AICP, Growth Management Director for the City of Dania Beach addressed the Board explaining that the proposed rezoning process has been going on for two years between the Commission and the Planning and Zoning Board. This project originally started out in concept as affecting all the properties in the City that currently have a Broward County zoning designation. These properties were annexed into the City between the late 1970's and the 1990's. The original plan, which started prior to Mr. Leeds joining the City, was to take all the properties that have a County zoning designation including industrial, commercial, residential and change it to a City designation. This meeting is addressing the first phase of this program. Mr. Leeds has identified on a map the properties that currently have a Broward County Zoning designation of MA M-2, M-3, M-4, C-1 or in limited circumstances A-1. Over the last two years the Commission and Staff have developed a district called Industrial, Research, Office, and Marine. This designation was designed by Staff and adopted by City Commission as being a zoning district that is applicable to potentially every industrial designated property in the City. Mr. Leeds stated that this Board will make no official action at this meeting and expects this issue to come back to the Board for official action within the next one to two months. The purpose of this meeting is to inform the Planning and Zoning Board prior to the regular scheduled meeting and to also give the public the opportunity to be speak on this subject. Mr. Leeds described the IROM district as being divided into three subcategories, permitted uses, prohibited uses and special exception uses. Mr. Leeds is suggesting one change at the present time, changing the Combined Office and Warehouse Facilities from permitted uses to special exception uses. A special exception use gives the City Commission the opportunity to approve the use and require certain architectural features that make the finished project compatible with the surrounding community. Mr. Leeds explained the prohibited and the permitted uses listed in the Draft copy of the [ROM district hand out. Mr. Leeds stated that all properties will become IROM with the exception of the Bass Pro Shops parcel becoming C-2, which is a low intensity commercial use, due to the current retail use. Once this district is adopted by the City Commission, the Ordinance creating the change of zoning will provide a mechanism called determination of vested rights. If you have an existing use currently in operation in one of these areas, you will be able to file an application. PLANNING AND ZONING BOARD February 23, 2000 MINUTES—SPECIAL MEETING 1 s • The application will need to be filed within a certain time period which has not been determined at this time, that application will allow you to apply for vested rights to your property. This will provide the businesses an opportunity to present to the City Commission why certain aspects of your business should be allowed to remain. If you have any existing business and it does not conform with some aspect of the IROM you may continue this business forever. The only time you would loss your nonconforming status, is if your business was burned down to the point that 75 percent of it was destroyed or if you abandon your business for a period of one year. While some activities may be nonconforming as to uses, most of the nonconforming uses will relate to setbacks, parking and building location. No one will be zoned out of existence and forced out of business. The people notified for this evenings meeting were obtained though the Broward County Property Appraisers tax roll for a total of 165 notices. If any person present this evening feels that they have not received proper notice, they need to see Ms. Cunningham to correct their address information. Mr. Leeds concluded his presentation by stating that this is a special meeting and that no official action will be action by the Board tonight. It has to come back before the Board for official action and then will be heard in front of the City Commission for public hearing and everyone will be notified again. Mr. Leeds stated that the City will adopt a zoning ordinance that will have a matrix that will show your existing zoning and your opposed zoning. Everyone on the map will be rezoned to IROM , with the exception of the Bass Pro parcel which is M-4. Within that ordinance there will be a determination of vested rights which will establish a time period by which property owners can apply for a determination of vested rights and that it would apply to any existing uses in the affected area. Paul Fetscher wanted to know who will determine when you have 75 percent destruction of a building. Mr. Leeds answered by stating that the Building Official will make that determination. If the owner disputes that estimate, then the owner has the option of appealing the determination to the Planning and Zoning Board and the City Commission. Richard Seay asked staff that if someone has a non conforming use and wants to sell their business to someone that wants to buy for that use, is that going to be considered abandonment. Mr. Leeds stated that as long as the business is not abandoned for more than one year, then that owner would be able to stay as a non conforming use. Attorney Ansbro stated that the new owner could not expand or build additions to prolong the life of the business. Mr. Leeds explained that the City had to amend their Comprehensive Plan before the City could proceed with this rezoning process. The IROM zoning allows the Planning and Zoning Board and the City Commission more control and discretion in terms of what the uses that are approved look like in terms of landscaping and architectural design . It also is intended to permitted those industrial uses that are compatible with the surrounding area and will encourage additional similarly permitted uses. The chairman opened the item for public comment. Steve Cissel, representing Uniweld Corporation located at 2850 Ravenswood Road. Mr. Cissel presented a letter to the Board asking to be rezoned from M-2 to I-G (General Industrial). Mr. Cissel expressed his concern of such a dramatic change and that his PLANNING AND ZONING BOARD February 23, 2000 MINUTES—SPECIAL MEETING 2 0 0 business would be prohibited under the new zoning. Mr. Leeds addressed Mr. Cissels concerns by advising them to obtain a application for determining vesting rights. Mr. Leeds advised that in the future an individual rezoning could also be sought from IROM to I-G. Mr. Cissel stated that Mr. Virta, the prior Growth Management Director gave him the impression that his property could be zoned I-G at the November 1999 Planning and Zoning Board Meeting. Mr. Leeds and Mr. Cissel will set an appointment to meet for further discussion. Bill Spencer, representing Tigertail Industrial Park asked the Board for his client's property to be dropped from the proposed zoning change or be given a zoning with more compatible uses. Several tenants of his client would have non conforming uses and this would be detrimental to his business. Attorney Ansbro stated that the City wants to work with all people effected by this rezoning. The City will not be buying any businesses and would like to deal with each property owners concerns individually. Dave Reich, 2221 SW 42"d St. addressed the Board expressed his concern for the 2 acre requirement. Mr. Leeds advised Mr. Reich that this particular zoning process can not rezone his residential property. If Mr. Reich wanted to be rezoned to IROM and is below the 2 acres then he can apply for a variance to the minimum parcel size. Attorney Ansbro explained the Moratorium process and reason why it was needed. Mike Fitzpatrick representing USA Boating Center located at 4491 Anglers Ave. is currently applying for site plan, replatting and zoning change for future development. Mr. Fitzpatrick asked for the zoning to stay the same or be compatible with the use that it was designed for. Mr. Fitzpatrick wanted to know if there was a economic study done on how it would impact the land owners, since the IROM is considerably more restrictive. Attorney Ansbro addressed the question with stating that the City is seeking and encouraging marine oriented businesses and that studies were done by Ed Stone and Associates. Ben Farbstein attorney representing his client Avery Tyler owner of Bonnie's Ravenswood Marina addressed the Board. Discussion on procedures for determination of vested rights and the study conducted by Ed Stone and Associates. Mr. Farbstein can obtain copies of the study and minutes of the meeting two years ago of that presentation from the Growth Management Department. Mr. Leeds stated that it is the intent of the City Commission and City Manager that the zoning district be designed to promote and accommodate the marine industry, which may include modifying the prohibited uses. Prohibited uses would pertain to principal use of a business and would be allowed as an accessory use. Mr. Farbstein stated that in the future his client would like to add a fuel pump for retail sales as an accessory use. Discussion between Mr. Leeds and Mr. Farbstein on Article 27.60 (d) Yards. Mr. Leeds offered to meet with Mr. Farbstein to address all of this clients concerns. Chairman Lohmann would like to know what would inhibit Mr. Farbstein's client from operating his marina. Mr. Farbstein would not be specific with his answer. Bob Adams stated that without being specific that this discussion is not productive. PLANNING AND ZONING BOARD February 23, 2000 MINUTES—SPECIAL MEETING 3 0 0 Hearing and seeing no one further, the chairman closed the public hearing. Chairman Lohmann stated that there were several valid concerns and points brought up. Certain items require better definitions that staff needs to work on and bring back to the Board with additional information. Mr. Lohmann feels that the 75 percent destruction rule needs to be clarified. Under prohibited uses item (b) certain portions seems to be in conflict with the marine use and items (g), (m), (r) and (s) could better be identified by including language stating that the primary function could not be those types of businesses. Mr. Lohmann would also like to take a closer look at Articles 27.40 (b) item (8) and 27.60 (d) item (1). Attorney Ansbro stated that we are undertaking to draft the vested rights ordinance and all the people affected by it will be able to participate in seeing what is proposed. Bob Adams thanked Mr. Leeds for tying together something that has been a few years in the making and for taking the diligence for taking all the input and the changes that will need to be made. Adjournment PLANNING AND ZONING BOARD February 23, 2000 MINUTES—SPECIAL MEETING 4