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HomeMy WebLinkAbout2000-03-15 Planning and Zoning Board Minutes SUMMARY MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD Wednesday, March 15, 2000 7:30 P.M. 1. Roll Call Present: Staff: Jason Dubow Laurence Leeds, AICP - Growth Management Director Paul Fetscher Susan Trevarthen —City Attorney Victor Lohmann Lou Ann Cunningham — Board Clerk Richard Seay Excused Absence— Bob Adams 2. Approval of Agenda—Motion made by Jason Dubow ,seconded by Richard Seay to continue item 9 and to hear the agenda items in the following order: 7, 8, 5, 6 and 4. Motion passed unanimously. ADMINISTRATIVE BUSINESS 3. Minutes—Approval of minutes of the February 16, 2000 regular meeting. Motion to approve the minutes as presented made by Paul Fetscher, seconded by Richard Seay. Motion passed unanimously. NEW BUSINESS 7. SP-04-00 — Site plan request by Tamara Peacock Company representing Secret Woods Nature Center for property located at 2701 SR 84. The request is to construct a new exhibit hall at the existing nature center. Laurence Leeds, AICP, Growth Management Director addressed the Board describing the proposed site plan. Mr. Leeds stated that he does not anticipate a problem with parking and the only condition he is putting on this site plan is for the applicant to obtain a tree location permit. Mr. Leeds would like the applicant to rezone this property to the Dania Beach designation of OS (open space). The City would need a legal description before doing the rezoning and this would not be a condition on approval of the site plan. Chairman Lohmann asked all persons wishing to be heard tonight to stand and to be sworn in by the clerk collectively. Aaron Austin representing the Tamara Peacock Company addressed the Board stating that they are currently in the process of submitting a tree removal application from Broward County DPEP and has brought with him a legal description of the property. Planning and Zoning Board 1 MARCH 15, 2000 Minutes Mr. Leeds advised the Board to modifying the condition subject to the applicant applying for a City of Dania Beach tree relocation permit as required. Discussion on the rezoning of the property and who would pay for the costs. Motion made by Richard Seay approve SP-04-00 with the condition recommended by staff to obtain a tree removal permit if required, seconded by Jason Dubow. Motion to approve passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes 8. SP-05-00 — Site plan request by Michael Simmons, representing Port Petroleum, Inc., for property located at 3141 SE 14th Avenue, in Port Everglades. The request is to construct an unattended card-lock fleet fueling facility. Laurence Leeds, AICP, Growth Management Director addressed the Board describing the proposed site plan and it's surrounding uses. Mr. Leeds described the project as a gas station for use of a private operator, there is no building on the site and one parking space for use of a part-time attendant. The use is permitted under PEDD and this zoning is generally less restricted then most Dania Beach zoning district requirements. This project does comply with the PEDD criteria and this property only uses up a portion of a 2.65 acre parcel that is currently vacant. One of the conditions Mr. Leeds is asking for is a reservation by the property owner so that someone could access the site to the rear so that if the remainder of the site is sold off the property does not become land locked. Mr. Leeds concluded his summation by recommending approval subject to the conditions listed in his staff report with the exception of number 4 providing that the applicant can acknowledge that separate sign permits are required. Curt Keyser from Petropac Inc. representing the owner Michael Simmons addressed the Board stating that he has no problem with staff comments with the exception of getting a better understanding of reserving the 24 foot access easement. Mr. Leeds described the reservation as a 24 foot strip east to west from 14t' Ave. to the gate that allows you get to the rear of the of the property. The reservation is an instrument that is a recorded document that would prevent the owner from building any obstruction on it. On behalf of the owner Mr. Keyser has requested approval of the site plan without that condition. City Attorney Susan Trevarthen stated that the petitioner would need evidence that the property owner has consented to this item being presented and that this item would need to be deferred to the next scheduled meeting of April 19, 2000. Jason Dubow spoke against requiring the reservation and agrees to the rest of the conditions. Discussion by the Board on requiring the 24 foot access easement. Motion made by Jason Dubow, seconded by Richard Seay to continue SP-05-00 to the next regular scheduled meeting. Motion to continue passed on the following roll call: i Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Planning and Zoning Board 2 MARCH 15, 2000 Minutes Jason Dubow requested that the City attorney at the next meeting provide the Board with guidance regarding prescriptive easements and easements by necessity. OLD BUSINESS Continued from February 16, 2000 meeting 5. SA-101 B-99 — Sign adjustment requests by Robert Fronek for property located at 64 South Federal Highway, known as "Dania Beach Florist", from Chapter 28, Zoning, Article 28, Signs. Laurence Leeds, AICP, Growth Management Director described for the Board the three part request by the applicant. Mr. Leeds stated that the requested sign adjustments do not meet the Sign Adjustment Criteria in the Dania Beach Zoning Code. The petitioner is only permitted one wall sign per street frontage, a wall sign equal to 25% of the wall sign on U.S. 1 and pole signs are prohibited by code. Mr. Leeds recommends denial of all three requests made by the applicant. Mr. Leeds also indicated that the applicant needs to remove all illegal signs for which an adjustment has not been granted within 60 days of City Commission approval in order to avoid referral back to the Code Enforcement Board. Discussion by the Board on the square footage of the existing signs and the sign code. Robert Fronek, owner of Dania Beach Florist addressed the Board asking to keep all the existing signs. Richard Seay recommends allowing the petitioner to kept the sign on SW 1st St. and keep one of the signs on U.S.1. Jason Dubow concurs with Richard Seay provided that the pole sign is removed. Chairman Lohmann stated that the pole sign can remain if it is converted to a moment sign and would only need a sign adjustment if there was a setback issue. The Board has suggested that if the business changes hands and a unrelated business moves in, than the sign adjustment expires. The chairman opened the item for public comment, hearing and seeing no one the chairman closed the public hearing. Motion made by Jason Dubow, seconded by Richard Seay to hear this item in two parts, one for the wall signs and one for the pole sign. Motion passed unanimously. Motion made by Jason Dubow, seconded by Paul Fetscher to approve the "Florist " sign on U.S. 1 and the wall sign on SW 1'` St. with the condition that upon approval by the City Commission the "Dania Flower Shoppe" sign is removed within 60 days and that permits can be issued for the repair and maintenance of the signs. The Sign Adjustment only applies to the two signs recommended for approval and a change of copy is allowed for the wall sign on SW 1l' St. from Dania to Dania Beach. Motion to approve passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Board discussion regarding the illegal pole sign and if replacing it with a monument sign would be an option. Planning and Zoning Board 3 MARCH 15, 2000 Minutes • • Motion made by Jason Dubow, seconded by Richard Seay to deny the sign adjustment for the pole sign. Motion to deny passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes The Board encourages the petitioner to bring back a plan placing the business identification on the architectural feature located on top of the florist building. Staff and the petitioner will work together to determine the type of sign taking into consideration code restraints. 6. SA-102-99 — Sign adjustment request by Jay Kodner, Kodner Galleries, Inc., for property located at 45 South Federal Highway from Chapter 28, Zoning, Article 28, Signs. Laurence Leeds, AICP, Growth Management Director addressed the Board describing the proposed sign adjustment as a four part request. The front street wall sign and side street wall sign can be considered as a sign adjustment. The temporary auction sign and window signs would have to be considered appeals. Mr. Leeds recommends denial of all the requests. Jay Kodner, the applicant addressed the Board stating that the signs do not exceed 37 and one half feet. Mr. Kodner stated Ms. Cunningham said that the city hired an engineer to take independent measurements. Ms. Cunningham stated that the city does not have a engineer that would do that type of work and that to her knowledge no measurements were taken. Mr. Kodner will remove the red and yellow Kodner sign in the window and asked the Board to allow his Auction sign to remain. It is the consensus of the Board that they have no problem with the A-frame auction sign which is only out a few days a month for a few hours at a time. The petitioner has agreed the remove the all window signs within a week. The chairman opened the item for public comment, hearing and seeing no one the chairman closed the public hearing. Motion made by Jason Dubow, seconded by Richard Seay to segregate the temporary auction sign. Motion passed unanimously. Motion made by Jason Dubow, seconded by Richard Seay to approve the front and side street wall signs with the condition that all window signs be removed within one week of Commission approval. Motion passed on the following roll call. Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - no Richard Seay - yes Board discussion regarding the A-frame auction sign. Motion made by Jason Dubow, seconded by Richard Seay to approve the temporary auction sign and only be allowed no more than 15 times per year no more than 6 hours per use and be restricted to a size that the Commission feels is adequate. The sign can only be Planning and Zoning Board 4 MARCH 16, 2000 Minutes located on the property owned by the applicant and can only read Auction with an arrow no advertisement is allowed. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - no Richard Seay - yes 4. Moratorium Ordinance — extending the temporary limited moratorium for an additional 4 months through August 8, 2000. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS MORE PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. Laurence Leeds, AICP, Growth Management Director addressed the Board recommending approval of extending the temporary moratorium. Motion made by Richard Seay, seconded by Paul Fetscher to approve the extension of the temporary moratorium. Motion passed unanimously. The Board set a tentative date to hold the IROM meeting on Thursday, April 27 at 7:00 p.m. Adjournment Continued 9. SA-07-00 — Sign adjustment request by Thomas Signs and Awnings representing the Publix store located at SW 31 st Avenue and Griffin Rd., Dania Beach. 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 SHERYL CHAPMAN, 100 W. DANIA BEACH BLVD, DANIA BEACH,FL 33004, (954)924-3630,AT LEAST 72 HOURS PRIOR TO MEETING. Planning and Zoning Board 5 MARCH 15, 2000 Minutes