HomeMy WebLinkAbout2000-08-16 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday -August 16, 2000
7:30 P.M.
Roll Call
Present:
Bob Adams Laurence Leeds, AICP-Growth Management Director
Jason Dubow Thomas Ansbro-City Attorney
Victor Lohmann Lou Ann Cunningham -Board Clerk
Paul Fetscher arrived at 8 p.m.
Excused Absence- Richard Seay
NEW BUSINE
SS
1. Approval of Agenda. Motion to excuse Richard Seay and hear items 8 and 9 first due to
special counsel being present made by Bob Adams, seconded by Jason Dubow. Motion
passed unanimously.
2. Approval of Minutes from the July 19, 2000 regular meeting. Motion to approve the minutes
as presented made by Bob Adams, seconded by Jason Dubow. Motion passed
unanimously.
8. Request by the City of Dania Beach to adopt an ordinance establishing historic preservation
in the city of Dania Beach; prescribing a procedure for designating historic buildings and
landmarks; adopting architectural guidelines for alteration or demolition of designated
historic properties; and adopting amendment 3 relating to ad valorem tax exemptions for
qualified historic properties as provided in the Florida State Constitution and by the Florida
Legislature.
Laurence Leeds, AICP, Growth Management Director gave a summation to the board. This
item is legislation that creates the authority for the city commission to act as the Historic
Preservation Board for the City. Mr. Leeds concluded his summation recommending
approval.
Doug Gonzales, attorney with Weiss, Serota, Helfman gave a description of the historic
preservation ordinance.
The chairman opened the item for public comment.
Tom Naylor property owner of the frost house located at 400 S. Federal Hwy. requested a
copy of the ordinance.
Planning and Zoning Board 1 August 16, 2000
MINUTES
ft a
Hearing and seeing no one further, the chairman closed the public hearing.
Motion made by Bob Adams to approve item 8 ordinance establishing historic preservation,
seconded by Jason Dubow. Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Jason Dubow - yes
9. Request by the City of Dania Beach to adopt an ordinance designating the following six
properties as historic landmarks:
Site: Nyberg-Swanson House
Folio Number: 5042-34-01-2060
Legal Description: TOWN OF DANIA B-49 D UNNUMBERED BLK, LABELED PARK,
LYING S OF BLK 14& N OF DANIA BCH BLVD, LESS W 150 OF E 250
THEREOF
Address: 101 West Dania Beach Boulevard
Site: Dania Woman's Club
Folio Number: 5042-34-01-2060
Legal Description: TOWN OF DANIA B-49 D UNNUMBERED BLK, LABELED PARK,
LYING S OF BLK 14 & N OF DANIA BCH BLVD, LESS W 150 OF E 250
THEREOF
Address: 117 NW 1 st Avenue
Site: Bank of Dania
Folio Number: 5042-34-01-3180
Legal Description: TOWN OF DANIA B-49 D LOT 1 &2 LESS ST RD BLK 22
Address: 2 South Federal Highway
Site: Dania Beach Hotel
Folio Number: 5042-34-10-0210
Legal Description: LOTS 5,6,7,8,9,10,11 and 12 in BLK 4 of the DANIA BEACH
SUBDIVISION AS RECORDED IN THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 8, AT PAGE 1 OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA
Address: 180 East Dania Beach Boulevard
Site: Hotel Poinciana
Folio Number: 5042-34-01-1320
Legal Description: TOWN OF DANIA B-49 D LOT 1,2,3,4 BLK 9
Address: 141 NW 1 st Avenue
Site: Martin C. Frost Residence
Folio Number: 5142-03-04-0080
Legal Description: DANIA HEIGHTS 3-22 B LOT 1 LESS ST RD,2 LESS ST RD, 3 LESS
ST RD BLK 2
Address: 400 South Federal Highway
Planning and Zoning Board 2 August 16, 2000
MINUTES
0 a
Motion made by Jason Dubow to approve item 9 designating six historic landmarks,
seconded by Bob Adams. Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Jason Dubow - yes
3. TX-08-00 - Request by Barbara Hall, Attorney, Greenberg Traurig, representing Port 95
Commerce Park Association, proposing to adopt / discuss an ordinance amending the
Dania Beach zoning code by amending Chapter 28, Article 28.190(5) Signs. The title of the
proposed ordinance reads as follows:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28,
ZONING, ARTICLE 28.190(5) SIGNS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, AICP, Growth Management Director gave a summation to the board. Mr.
Leeds stated that he has no recommendation since the text modification relates to a
licensing issue.
Barbara Hall, Attorney from Greenberg Traurig passed out a modification to the language.
Original license agreement provides the installation and landscaping along the median
along 301h Ave. as well as the maintenance. Attorney Hall clarified for the Board the pictures
presented in their back-up.
The chairman opened the item for public comment.
Jay Field, resident spoke in strong opposition to the issue.
Hearing and seeing no one further the chairman closed the public hearing.
Motion made by Bob Adams to deny TX-08-00, seconded by Paul Fetscher. Motion failed
on the following roll call:
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - no Victor Lohmann - no
Attorney Ansbro clarified for the Board the license agreement and explained the sign code
requirements. Attorney Hall spoke explaining jurisdiction.
Motion made by Jason Dubow, seconded by Bob Adams to make no recommendation to
the City Commission. Motion passed on the following roll call:
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - yes Victor Lohmann - yes
4. SE-33-00 - Request by Alan L. Gabriel, Attorney for Nextel South Corporation, for special
exception approval to allow a "Stealth" (rooftop-only) telecommunications facility, to be
Planning and Zoning Board 3 August 16, 2000
MINUTES
0 a
located at multiple locations on top of the roof of the Springhill Suites hotel, located at 151
SW 18th Ct, Dania Beach.
Laurence Leeds, AICP, Growth Management Director gave a summation to the board
describing the special exception request. Mr. Leeds is requesting the applicant provide
$5,000 to the City Tree Fund. Mr. Leeds concluded his summation by recommending
approval subject to Nextel certification that the facility will not interfere with any FAA
aviation-related, or airport communications.
Jon Shamres, attorney for Nextel addressed the Board describing the telecommunication
facility. Attorney Shamres read a letter stating that there will not be any interference with
FAA communications. Nextel has agreed to the contribution and would like to discuss it
further at the City Commission meeting suggesting to pay the contribution money at
Certificate of Occupancy.
The Board would the FAA letter and the $5,000 contribution money prior to issue of a
building permit.
The chairman opened the item for public comment, hearing and seeing no one the chairman
closed the public hearing.
Motion made by Jason Dubow to approve SE-33-00, subject to receipt of the FAA letter and
a $5,000 contribution to the City Tree Fund to be deposited within 3 days of approval by the
City Commission, seconded by Paul Fetscher. Motion passed on the following roll call:
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - yes Victor Lohmann - yes
5. SE-44-00 - Request by Alex Medina, Sr., Import Export Livestock Corporation, d/b/a Alex's
Flamingo Groves, for special exception approval to allow multifamily and warehouse uses at
222 and 236 North Federal Hwy., Dania Beach.
VA-44a-00 - Request by Alex Medina, Sr., Import Export Livestock Corporation, d/b/a Alex's
Flamingo Groves, for a variance approval to waive up to 50 of the required 130 parking
spaces at 222 and 236 North Federal Hwy., Dania Beach.
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board
describing the special exception. Mr. Leeds has no objection to the six residential units,
there are sufficient reserve units to accommodate the six apartments. Mr. Leeds stated that
before he can support reinstitution of warehouse use, the applicant must provide a specific
usage or detailed list of potential warehouse uses. Mr. Leeds concluded his summation by
recommending approval of the six multi-family dwelling units and denial for the warehouse
use pending submission of a specific usage.
Harry Hipler, Attorney for the petitioner stated that the church would like to rent some of the
apartments. Attorney Hipler stated that the warehouse would be leased to one or two
tenants with no retail or perishable items. Code enforcement issues discussed.
Jason Dubow disclosed that his law firm has represented Mr. Medina in the past.
Planning and Zoning Board 4 August 16, 2000
MINUTES
Mr. Leeds described the parking variance for the board. Concluded by recommending
approval subject to applicant agreeing to limit hours of retail-type uses to 4,250 sq. ft. after 6
p.m. weekdays and on weekends. The church to apply for and obtain occupational license
prior to issuance of a certificate of occupancy for six dwelling units. Attorney Hipler would
like the recommendation to be changed to "weekday and on Sundays"
Janice Reed, resident wanted clarification on the whether this is new construction or
renovations. Ms. Reed spoke in opposition of the warehouse use due to the noise.
Patty Hart, resident spoke on behalf of mainstreet has concerns with the use of a
warehouse.
Attorney Hipler withdraws his request for warehouse use.
Hearing and seeing no one further, the chairman closed the public hearing.
Motion made by Bob Adams to approve SE-44-00 for six residential units only, seconded by
Jason Dubow. Motion passed on the following roll:
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - yes Victor Lohmann - yes
Motion made by Bob Adams to approve VA-44A-00 subject to meeting the conditions made
by staff as amended, seconded by Jason Dubow. Motion passed on the following roll call:
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - yes Victor Lohmann - yes
6. SP-40-00 - Request by David Zelk, Architect, for American Maritime Officers RTM Center, 2
West Dixie Hwy., Dania Beach, for site plan approval for a proposed Sea Rescue Training
Center at 317 NE 2"d Avenue, Dania Beach.
Laurence Leeds, AICP, Growth Management Director gave a summation for the board of
the proposed site plan. Mr Leeds concluded his summation by recommending approval
subject to the five conditions listed in his staff report.
David Zelch, architect for AMO addressed the board describing phase 1 of the project that
is currently undeveloped property. Mr. Zelch and Mr. Leeds described phase 2 and
proposed variances that will be required for parking and landscaping.
The chairman opened the item for public comment, hearing and seeing no one the chairman
closed the public hearing.
Board would like the Marine Advisory Board to review site plan prior to City Commission
meeting on September 26, 2000.
Motion made by Paul Fetscher to approve subject to conditions listed in staff report,
seconded by Bob Adams. Motion passed on the following roll call:
Planning and Zoning Board 5 August 16,2000
MINUTES
0 0
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - yes Victor Lohmann - yes
7. SP-38-00 — Request by Bill and Dawn Cepek, owner of "The Sign Studio" for site plan
approval for a proposed 1,295 sq. ft. addition to the existing building at 2381 Griffin Rd.,
Dania Beach.
Laurence Leeds, AICP, Growth Management Director gave a summation to the board
describing the proposed site plan. Mr. Leeds recommends approval subject to meeting the
nine conditions listed in the staff report prior to City Commission.
Mr. Cepek, the petitioner agreed to all nine conditions.
The chairman opened the item for public comment, hearing and seeing no one the chairman
closed the public hearing.
Motion made by Bob Adams to approve SP-38-00 subject the nine conditions listed in staffs
report. Motion passed on the following roll call:
Bob Adams - yes Paul Fetscher - yes
Jason Dubow - yes Victor Lohmann - yes
Jason Dubow would like prior to commission meeting on Port 95 if the DRI for the Alanco project
would affect this project. Would like staff to check the status of why the street signs are not lit.
Bob Adams recommended at the special meeting regarding the mixed use district that the height limit
on buildings be 50 feet. Staff had recommended 75 feet, Mr. Adams would like to change his
recommendation to"no more than 25%of the buildings are more than 50 feet in height'. Mr. Adams
would like staff to check possible sign violations at the 911 store on Dania Beach Blvd.
Chairman Lohmann concerned about encouraging warehouse use in the Downtown District. Stated
that 301h Ave. and Griffin Rd. would be ideal for speed bumps.
The Board changed future Planning and Zoning Advisory Board meeting time to 7 p.m.
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 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 6 August 16,2000
MINUTES