HomeMy WebLinkAbout2000-04-24 Planning and Zoning Board Special Meeting Minutes I--::":__�_ 0 6
SUMMARY MINUTES
CITY OF DANIA BEACH
SPECIAL MEETING
Monday, April 24, 2000
6:30 P.M.
Present: Staff:
Bob Adams Laurence Leeds, AICP - Growth Management Director
Jason Dubow Thomas Ansbro — City Attorney
Paul Fetscher Lou Ann Cunningham — Board Clerk
Victor Lohmann
Richard Seay
Laurence Leeds, AICP, Director, Growth Management Department gave a presentation
and summation to the Board. Mr. Leeds explained the IROM as a multi-purpose
Industrial Marine District. It is intended to accommodate Marine Office Light Industrial
and Research uses which are conducted within a completely enclosed building and
have limited impact outside the building. Some marine uses are permitted to be located
outside subject to certain conditions and special exception approval as regulated by
Section 10.12 of the Zoning Code and the applicable provisions of this article. This
district is also intended to permit limited commercial uses, subject to the provisions of
the City of Dania Beach Future Land Use Element and Broward County Land Use Plan,
as either a permitted use or a special exception use.
Mr. Leeds continued to read from the Draft Ordinance explaining the addition of the
Marine-related retail use within a completely enclosed building, as an accessory use to
an established marina or marina complex. Marine-related retail use is allowed as a
principal use subject to the flexibility provisions in the Broward County Land Use Plan
or, providing said marine-related retail use has an underlying Future Land Use Plan
Map designation of Commercial. Combined office and warehouse facilities will now be a
permitted use providing that the office portion of the building is no less than 10% of the
total floor area of the building, and providing further that the architectural treatment of
the building resembles that of an office building.
Mr. Leeds read all the new permitted uses as follows: Sales, leasing, service, display,
storage, repair, assembly, and manufacturing of boats not over hundred (200) feet in
length including the sale, leasing, service, display storage, repair and manufacturing of
marine parts and accessories. All uses shall be conducted within a completely enclosed
building. Boat manufacturing and painting operations shall be located at least 500 feet
from any residentially zoned property. Docks and docking of boats not over two
hundred (200) feet in length, including the operation of charter boats, but specifically
excluding and the operation of gaming vessels. Assembly halls, exhibition halls,
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convention and conference centers. Graduate or post graduate educational facilities.
Medical and dental laboratories.
Document preparation and processing service. The IROM also allows subject to
complying with the twenty (20) percent rule of the Broward County Industrial plan or
subject to the property having underlying land use designation of commercial.
Hotels and motels subject to special conditions. Restaurants excluding drive-in, carry-
out, and fast food restaurants. Pharmacy or drug store. These three uses were special
exception uses and are now permitted uses which must comply with the underlying land
use of the property.
Mr. Leeds reviewed Article 27.30 Prohibited Uses. Any use not specifically listed as a
permitted use or special exception use in the IROM Zoning District is prohibited. Mr.
Leeds pointed out the changes to the prohibited uses are as follows: Sales, leasing,
rental, service, display, storage, parking, or repair of any of the following: automobile,
aircraft, truck, trailer, bus, motorcycle, tractor, recreational vehicle, construction
equipment or mobile home. Service stations. Penal, correctional, detention, re-entry, or
rehabilitation facilities involving adults, adolescents, or children. Indoor or outdoor gun
range. Any outdoor storage of materials (raw or finished), supplies, machinery,
equipment, components or parts, including outdoor storage of mechanical, electrical,
plumbing, telecommunication, or construction materials, except as specifically permitted
and regulated by this article. Commercial or retail uses except as specifically permitted
and regulated by this article. Transitional, temporary, indigent, or emergency housing.
Day labor employment service.
Mr. Leeds reviewed the changes and modifications of Article 27.40 Special Exception
Uses as follows: Shopping center containing at least 50,000 square feet of gross floor
area and allowing uses specifically identified as "permitted uses" in the C-2 Commercial
District, providing the combined land area for shopping centers and other commercial
uses does not exceed twenty (20) percent of the industrial land use in a flexibility zone
on the Broward County Future Land Use Plan Map, or the shopping center has an
underlying Broward County Future Land Use Plan Map designation of"Commercial':
The following activities when located in an interior side yard or rear yard of a marina or
marine-related business, provided such activities do not directly abut residentially zoned
property or public road rights-of-way: Sales, leasing, service, display, storage,
assembly, and repair (excluding painting and manufacturing) of boats not over two
hundred feet in length, including the sale, leasing, service, display, storage, and repair
(excluding painting and manufacturing) of marine parts and accessories. Rental of
personal watercraft. Retail boat fuel sales clearly incidental and accessory to an
established marina. Boat sanitary waste pump-out facilities clearly incidental and
accessory to a an established marina. Provided however: Boat assembly, repair,
personal watercraft rental, retail boat fuel sales, and boat sanitary pump-out facilities
shall be located at least 250 feet from any residentially zoned property unless said
distance separation is expressly and specifically reduced by the City Commission as
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part of the Special Exception review process. The sales, leasing, display, or storage of
fully-assembled new boats (including boat trailers) may be permitted in a front yard,
street yard, or an exterior side yard if separated from the adjacent roadways or right-of-
way by landscaping pursuant to the requirements of the Zoning Code and Chapter 26
(Vegetation) of the City Code.
Indoor storage or warehouse facilities as a principal use. Air conditioning, carpenter,
cabinet, furniture, plumbing, electrical, glass, or home improvement shop, conducted
within a fully enclosed building and not exceeding 10,000 square feet in gross floor
area. Stamping, dyeing, shearing, or punching of metal between one-eighth-inch and
one-quarter-inch in thickness within a fully enclosed building, providing the applicant
provides documentation from a professional engineer that said use shall not cause or
result in vibration, noise, dust, smoke, corrosion, noxious fumes, or odor outside of the
building within which the use is conducted. Motion picture production or recording
studio.
Mr. Leeds reviewed the changes to Article 27.50 Required Conditions as follows:
Loading areas may be permitted in a front yard, street yard, or exterior side yard if the
configuration of the parcel makes rear yard or interior side yard loading impractical and
said front, street, or exterior side yard loading arrangement is expressly approved by the
City Commission. Prior to approval of any construction or building permits, applicant
shall provide documentation that the site plan has been approved by the Broward
County Aviation Department.
Mr. Leeds reviewed the changes to Article 27.60 Area Requirement as follows:
Height. No building or structure, or part thereof, shall exceed a height prescribed by the
Broward County Aviation Department, provided however, no building shall exceed
sixty-two (62) feet or five (5) stories in height. Permitted exceptions or variances to this
subsection 27.60 must be approved by a four-fifths (4/5) vote of the membership of the
City Commission. Lot area. Each lot shall have an area of not less than one (1) acre
and a width of not less than one hundred (100) feet. With the deletion of percentage of
lot coverage. Yards. The required yard abutting any street or public thoroughfare shall
be a minimum of fifty (50) feet. The perimeter landscape buffer shall be provided as per
Chapter 26 of the City Code (Vegetation) and shall not contain parking. The required
yard abutting any residential district (or located across the street from a residential
district) shall be a minimum of seventy-five (75) feet or one (1) times the building height,
whichever is greater. The perimeter landscape buffer shall be provided as per Chapter
26 of the City Code (Vegetation) and shall not contain parking. The required interior
side or rear yard, when not abutting a residential district, or when separated by a
waterway from a residential district, shall be a minimum of twenty-five (25) feet or one-
half(1/2) times the building height, whichever is greater. The perimeter landscape buffer
shall be provided as per Chapter 26 of the City Code (Vegetation) and shall not contain
parking. Landscaping adjacent to any residential zoning district shall include, but not be
limited to, a six (6) to eight (8) foot C.B.S. wall constructed pursuant to the requirements
of the Zoning Code and Chapter 26 of the City Code (Vegetation) and shall not contain
parking.
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Mr. Leeds concluded him summation stating this has been properly advertised and all
property owners have been noticed by mail. Mr. Leeds asked to the Board to vote
tonight so that the he can bring this in front of the City Commission and end the
Moratorium.
Donald Hall, attorney with Gunster, Yoakley, & Stewart representing Uniweld Products,
Inc. , Steve Cissel and David Pearl. Attorney Hall gave a brief history of Uniweld and
stated that the IROM will not accommodate his client. Asked the Board to allow them to
rezone their property to I-G. David Pearl, II described for the Board the type of work that
is done and large equipment that is used at Uniweld. Board questioned staff on
whether the county M-1 zoning allows the type of uses that Mr. Pearl described. Mr.
Leeds stated that the uses stated by Mr. Pearl would be prohibited uses under the
IROM as it is presently written. Steve Cissel 2850 Ravenswood Road stated that
Uniweld processes raw materials into a finished product. They use oil as a lubricant
and cooling element in the screw machines to preserve the tools that make the
machinery. That oil needs to be barreled, stored and recycled. Uniweld has several
parcels, some are zoned county M-1 and others are M-2. Mr. Leeds will look into
whether or not their current uses are permitted. Attorney Hall is willing to work with staff
in refining the IROM permitted uses.
Bill Bigger with the Marina Mile Association supports the IROM. Mr. Bigger stated that
there is not provision for a company to have a retail showroom of 25 percent and the
rest distribution. Mr. Leeds stated that they would have to evaluate uses on whether
they are retail or industrial use. Item 0) under permitted uses would allow the type of
business Mr. Bigger is referring to.
Barbara Hall, attorney with Greenberg, Taurig representing Tanger. Attorney Hall
questioned staff on distribution use. Mr. Leeds stated distribution would be permitted as
an accessory use, it would not be permitted as a principle use. Attorney Hall suggested
rewording the height description to require the applicant to apply for an air hazard
permit from FDOT, due to Broward County not being set-up for site plan review.
Attorney Ansbro will look into this issue. Attorney Hall stated that it was never
anticipated that this would be primarily an industrial use. The uses are museum retail
uses and has letters from the city stating that this property was going to be zoned C-4.
Tanger has site plan approval that they are proceeding with and if the property is
rezoned then they will have to go back and get special exception approval for
something they have already been approved for. The property is more appropriate as
commercial. Mr. Leeds would not have an objection to going to C-2 at this time.
Bill Spencer, attorney representing Tigertail Industrial Park. Attorney Spencer stated
that the IROM does not recognize or deal with a multi-use industrial warehouse facility.
Stated that the ordinance would be devastating to his client. Only 2 percent permitted
with 72 percent prohibited 20 percent with special exception The specific items under
prohibited uses that are a problem (a),(b),(n),(w) and (x). Discussion on permitted,
prohibited uses and current zoning. Attorney Ansbro stated that individual
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circumstances will be looked at and that the city would like to deal with all parties in fair
manner. Mr. Leeds requested a list from the property owner of all the uses that are
prohibited or fall within the 72 percent.
David Mankuda, attorney for property owner of 32"d St. under 595 and the intersection
at 42"d and Ravenswood. The current use is repair, sales and storage of trucks,
tractors and trailers, which is a prohibited use. Attorney Mankuda would like the board
to recognize that there are certain properties and uses that are inappropriate and do not
fit the vision for IROM.
John Noyes property owner of a 10 space multi-tenant warehouse affected by the IROM
located 2380 SW 35th St.. Mr. Leeds described losing non-conforming status and
grandfathering.
Robert Lockrie representing Bonnie's Ravenswood located at 4470 Ravenswood Road.
Currently zoned county M-3. Mr. Leeds clarified concerns regarding the permitted uses
section under 0) and (k). Mr. Lockrie would like to see an additional permitted use to
allow outside marine uses instead of a special exception.
Ron Ernest-Jones representing the contract purchaser of the Dania Motorcross
property. Concerned with issue of distribution, would like to see it allowed as a special
exception use.
Dave Reich, 221 SW 42"d St., expressed his concern with Area Requirements (d) Yards
and Prohibited Uses (b).
Brian Penick, President South Florida Sports Committee operating as Pepsi Air Dania
MX park. Concerned with limiting the uses to marine relating for the growth on 26tn
terrace.
Lester Boggs, president of AC & LP Corp. located at 1237 Stirling Rd. expressed his
concern for spot zoning. IROM is inconsistent with the surrounding zoning of IG.
Neil Chambers owner of property just south of Tigertail Park consisting of 4 building of
37,000 square feet. Has two tenants consisting of 16,000 sq. ft. in automotive industry.
Mr. Chambers would like the IROM reworded to allow automotive uses.
Hearing and seeing no one further, the chairman closed the public hearing.
Richard Seay does not want to make a recommendation feels all properties and there
uses are not consistent wit the IROM designation.
Mr. Leeds gave a final summation to the Board. He suggested meeting with the people
heard this evening and discussing modifications to the IROM. Board discussed
possible changes to the IROM to accommodate some uses that would currently be
prohibited. Discussion on vested rights determination. Chairman Lohmann would like
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to see in the Permitted Uses (e) up to 20% of an Industrial building for retail use. Under
special exception uses, section 8 does not want to limit square footage to 10,000. Under
Requirements a change language to state requirements of FDOT for City
Area q O 9
Attorney to handle. Chairman Lohmann would like to see a minimum and maximum on
the C.B.S wall abutting residential.
Motion made by Richard Seay, to continue to allow staff to make appropriate changes
for the discussion tonight and discussion with the city manager, city attorney and if
necessary individual commission members, seconded by Paul Fetscher. Motion
passed unanimously.
ADJOURNMENT
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