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HomeMy WebLinkAbout1999-02-03 Planning and Zoning Board Agenda AGENDA CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY FEBRUARY 3, 1999 7:00 P.M. 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 MARIE JABALEE,CITY CLERK, 100 W.DANIA BEACH BLVD,DANIA, FL 33004,(954)921-8700 EXT.202,AT LEAST 48 HOURS PRIOR TO MEETING. 1) Roll Call 2) Approval of Agenda 3) Sign Ordinance Revisions which read as follows: AN ORDINANCE PERTAINING TO THE SUBJECT OF SIGNS; AMENDING ARTICLE 2, SECTION 2.10 OF CHAPTER 28, ENTITLED "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO PROVIDE ADDITIONAL DEFINITIONS AND AMENDING ARTICLE 27, ENTITLED "SIGNS", OF CHAPTER 28; TO ADD NEW PROHIBITED SIGNS; TO REVISE PROVISIONS PERTAINING TO SIGN ADJUSTMENTS AND VARIANCES; TO REVISE PROVISIONS RELATING TO WALL SIGNS AND TO REAL ESTATE ADVERTISING SIGNS AND TO ALLOW FOR ENTRYWAY SIGNS FOR CERTAIN DEVELOPMENTS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 4) SP-61-98 — Request by J. F. Smith Design & Build Inc., representing AC @ LP Corp., Lester Boggs, President, for site plan approval for property located at 1237 Stirling Rd.. The petitioner is seeking site plan approval for a storage lot for bus parking. (Continued from January 20, 1999 Regular Meeting.) Legally described as Parcel 'A' of the Jabfer Industrial Park (Plat), According to the Plat thereof, as recorded in Plat Book 163, at page 30 of the public records of Broward County, Florida. Adjournment Planning and Zoning Board 1 February 3, 1999 AGENDA— SPECIAL MEETING MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY FEBRUARY 3, 1999 7:00 P.M. 1) Roll Call — Present: Staff: Bob Adams Terry Virta, AICP - Growth Management Director Pat Janowski Thomas Ansbro - City Attorney Jason Dubow Board Clerk - Lou Ann Cunningham Kevin Pierson Victor Lohmann -Absent Jason Dubow to act as Chairman in Mr. Lohmanns absence. 2) Approval of Agenda — Motion to approve adjusted agenda to switch items 3 & 4 made by Bob Adams, seconded by Pat Janowski. Motion passed unanimously. 4 SP-61-98 — Request by J. F. Smith Design & Build Inc., representing AC @ LP Corp., Lester Boggs, President, for site plan approval for property located at 1237 Stirling Rd.. The petitioner is seeking site plan approval for a storage lot for bus parking. (Continued from January 20, 1999 Regular Meeting.) Legally described as Parcel 'A' of the Jabfer Industrial Park (Plat), According to the Plat thereof, as recorded in Plat Book 163, at page 30 of the public records of Broward County, Florida. Terry Virta, Growth Management Director, AICP, addressed the Board stating that when this item was addressed on January 20, 1999 at the last Planning and Zoning meeting the Citys traffic consultant did not have all the information that they needed in order to make a report or recommendation. A report made by Tinter and Associates was provided at that meeting and a supplementary report was provided to our consultants on Tuesday, January 26, 1999. Our consultant reviewed it and responded late Friday evening. The report was made available to Tinter & Associates on Monday. Our consultants felt there was information lacking and needed greater amplification. Tinter & Associates generated a response late Tuesday, February 2, 1999. Ms. Hughes has been provided with the response and has not had an opportunity to analyze all the information to determine if they have all they need. Mr. Virta recommends this item be continued to the regular Planning & Zoning Meeting on February 17, 1999 so that the reports can be fully analyzed and reviewed. Planning and Zoning Board 1 February 3, 1999 MINUTES — SPECIAL MEETING Don Hall, attorney speaking on behalf of the applicant, asked the Board to vote this evening and not continue this item. Feels confident that there is no public safety issue. The clerk then swore in Alan Tinter, Traffic Engineer for the applicant. Mr. Tinter is President and owner of Tinter & Associates Transportation Engineers. Mr. Tinter addressed the Board describing his credentials. In response to the comments of Hughes Hall, Inc., Mr. Tinter stated that although that it was his belief that peak season traffic volumes would not significantly affect the results of the analysis, he has reviewed the data that was collected and has made appropriate adjustments based on FDOT peak season adjustment factors. Referred to the Levels of Service as "A" or "B" on Stirling Road and stated that the construction of a deceleration lane would be unwarranted. The restrictions on the plat dictate that the driveway should be located at the center of the site. Provided the Board with a copy of their traffic impact study. Then stated reasons why the gap analysis was not undertaken and commented on why sight distance to the east is of importance. Responded to Hughes Hall, Inc. request for information relative to routing. Referred to drawings showing the maneuvers of the buses into and out of the facility. In conclusion Mr. Tinter believes that this information addresses all the concerns raised in the Hughes Hall, Inc. letter of January 29, 1999. He believes that the site as proposed and the driveway with the increased radius is a safe and adequate access for this development and that the level of service on the roadway would not negatively be impacted. The clerk then swore in Molly Hughes with Hughes Hall, Inc.. Ms. Hughes addressed the Board and stated that she would like Mr. Tinter to show the Board why they believe this is a safe project. Expressed her concerns about gaps and would like Mr. Tinter to tell her how many significant lengths of gap there are. She also stated that the City code does require a deceleration lane and that they need to provide a study showing that it is not needed so that it could be waived. Don Hall asked for the code section referring to the deceleration lane. The acting Chairman opened the item for public comment. Ed Stacker, Attorney for the adjacent property owner Stirling Design Ltd. addressed the Board. Mr. Stacker expressed his concern regarding the compatibility issues and the disregard of the neighborhood. Presented the board with a copy of correspondence from Miles, Moss and Consultants, engineers hired by Stirling Design Ltd.. Mr. Moss has some concern regarding why Mr. Tinters office did not provide the additional information and do the necessary studies. Presented the board with a photo of a Travelways bus on a large trailer. Concluded by stating that this is an ill-suited site to house a motor pool facility and would like the opportunity have their traffic engineer conduct a study and present it to the board for review. The board discussed with Ms. Hughes the gap figures. The acting Chairman then opened the item for public comment. Planning and Zoning Board 2 February 3, 1999 MINUTES — SPECIAL MEETING 0 a The clerk then swore in Willie L. Hill, Jr. President of Collage Gardens Neighborhood Association. Addressed the Board objecting to the proposed site plan due to the traffic problems and not good for the neighborhood. The clerk then swore in Laura Hoskins, resident and certified safety professional. Addressed the Board objecting to the proposed site plan due to the traffic safety issue. The clerk then swore in Michael Smith, resident, addressed the board and presented pictures of the previous site showing it as undesirable. Board asked Mr. Smith when and where the pictures where taken. Replied by stating that they were taken January 20, 1999 at the old site on Ravenswood Rd. Hearing and seeing no one further, the acting Chairman closed the public hearing. The clerk then swore in Scott Springle, Director of Operations for Travelways in Florida. Addressed the board in favor of this item and stated that they vacated the property on Ravenswood on or around December 15, 1998 and the pictures could not have been taken in January. Mr. Springle was part of the acquisition of J.J. Kelly. Part of the reason they decided not to stay at this location was that the parking lot does not run off water very well. Stated that they changed their vehicle numbering system 4-5 months ago and that the bus numbers in the pictures have not been in service for 8-9 months. Concluded by saying that their current bus facilities are clean and professional. The clerk then swore in J.J. Kelly, clarifying the date the pictures were taken as December 20, 1998. Mr. Kelly was the one who took the pictures. Disagreed with Mr. Springle regarding the buses not still being in Travelways fleet. Mr. Springle argued over the date the pictures were taken. The board asked Mr. Springle, assuming the pictures were taken in December, were the pictures of the facility taken while Travelways occupied it. Mr. Springle replied by saying yes. The board asked if these pictures reflected the average condition of a Travelways facility. Mr. Springle replied by saying no and that the condition was better when they moved out then when they moved in. Board member Janowski questioned Mr. Springle about the disciplinary action for bus drivers going through a residential neighborhood. Mr. Springle replied by saying that progressive discipline leading up to termination is their method. Board member Adams asked Mr. Kelly to provide the clerk with copies of written statements regarding the condition of the site so that they can be passed on to the commission. Don Hall, attorney for the petitioner gave brief final statement and spoke about the gap issue and that the site plan meets city code. Thanked the board for having the special meeting. Neal Kalis, attorney for the property owner Mr. Boggs addressed the board asking for no more delays and to please recommend approval. Planning and Zoning Board 3 February 3, 1999 MINUTES — SPECIAL MEETING The board asked Attorney Ansbro that if the pictures that were presented regarding the condition of the previous site is legally relevant for what they are considering. Attorney Ansbro replied by saying yes. Board member Dubow questioned Attorney Ansbro regarding the city and county code requiring deceleration lane. Attorney Ansbro replied that it could legally be required. Board member Pierson asked Attorney Ansbro where it would leave the city if they recommend denial. He replied by saying it is a legally defensible denial if the applicant has not met the site plan requirements and if the board does not have enough information from their consultant for thorough examination. The board asked the applicant about their time restraints. Mr. Hall responded by asking that if they returned on February 17, 1999 at the next Planning and Zoning meeting, when would they go in front of the commission. The clerk answered by saying that it would be on March 23, 1999. Board member Dubow asked Ms. Hughes about the clear site line that the applicant has referred to from the right away to the west. Does this take into consideration the bridge? Ms. Hughes responded by saying that she did not get the details in the report regarding this matter. In her opinion it should only take a couple of days for Mr. Tinters office to gather the information and address this concern. Mr. Hall requested this item be continued to the regular Planning and Zoning Meeting, February 17, 1999. Mr. Hall would like Mr. Tinter and Ms. Hughes to discuss exactly what is needed to satisfy her concerns. Ms. Hughes stated that a meeting with Mr. Tinter would need to be after he has conducted his study. Motion to continue SP-61-98 until the regular Planning and Zoning Meeting on February 17, 1999, made by Kevin Pierson, seconded by Pat Janowski. Motion continued on the following roll call: Bob Adams - no Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes 3) Sign Ordinance Revisions which read as follows: ORDINANCE PERTAINING TO THE SUBJECT OF SIGNS; AMENDING ARTICLE 2, SECTION 2.10 OF CHAPTER 28, ENTITLED "ZONING', OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, IN ORDER TO PROVIDE ADDITIONAL DEFINITIONS AND AMENDING ARTICLE 27, ENTITLED "SIGNS", OF CHAPTER 28; TO ADD NEW PROHIBITED SIGNS; TO REVISE PROVISIONS PERTAINING TO SIGN ADJUSTMENTS AND VARIANCES; TO REVISE PROVISIONS RELATING TO WALL SIGNS AND TO REAL ESTATE ADVERTISING SIGNS AND TO ALLOW FOR ENTRYWAY SIGNS FOR CERTAIN DEVELOPMENTS; PROVIDING A CONFLICT CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Planning and Zoning Board 4 February 3, 1999 MINUTES — SPECIAL MEETING Terry Virta, Growth Management Director, AICP, gave a summation of the revisions to the sign ordinance. The revision will give clarification and more definition to the ordinance and gives more restriction in the area of signage. Concluding his summation by stating that the City Commission requested these revisions. Board requested a change in Section 6 to read "Downtown Dania Beach Redevelopment District sign regulations". The acting Chairman opened the item for public comment. Hearing no one and seeing no one, the acting Chairman closed the public hearing. Motion to approve made by Bob Adams, seconded by Pat Janowski. Motion passed on the following roll call: Bob Adams - yes Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Adjournment Planning and Zoning Board 5 February 3, 1999 MINUTES — SPECIAL MEETING