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Home My WebLink About1998-04-15 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY APRIL 15, 1998 7:30 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. Present: Others Present: Jason Dubow Terry L. Virta, AICP — Growth Management Director Pat Janowski Thomas Ansbro - City Attorney Victor Lohmann Lou Ann Cunningham — Board Clerk Kevin Pierson Robert Adams At this time Robert Adams was sworn in as a member of the Dania Planning and Zoning Board. 2. Approval of Minutes from the March 18, 1998, Planning and Zoning Board Meeting. It was noted that Jason Dubow had made a motion at the last meeting, which called for any petition withdrawals at the beginning of each meeting. Motion was made by Pat Janowski to amend the minutes of the March 18, Regular meeting to reflect the addition of a procedure that would identify any items on the agenda that would be continued or withdrawn as a courtesy to the citizens who may be waiting, seconded by Jason Dubow. The Chairman called for the petitioners present this evening. It was noted by the Terry Virta, AICP - Growth Management Director that item #5, VA-25-98 — The request by Phil Glassman, Manager/Lessee of the Dania Shopping Center, must be continued because the petition needs to be re-advertised to include a variance from the area of the sign as well. NEW BUSINESS 3. VA-24-98 — A request by Mr. Stephen Greenberger, as Trustee for property commonly known as the Dania Plaza located at 233 North Federal Hwy., Dania. for variances from the following code section: MINUTES — REGULAR MEETING 1 APRIL 15, 1998 Planning and Zoning Board i 0 Chapter 3; Advertising, Article 11 Signs, Section 3-39 (b) (1) a. b. & c. of the Downtown Dania Redevelopment District Sign Regulations, which permit pole (ground) signs, as defined, only on lots on which buildings are set back a minimum of 25 ft. from Federal Hwy., and if permitted, only one (1) such pole sign is permitted, indicating the name of the development and/or the individual uses within the development, may not exceed twelve feet in height or 25 sq. ft. in area, and must be set back 10 feet from any lot line and 30 feet from the intersection of any 2 street lines. Mr. Greenberger is requesting a variance that would (a) permit two (2) pole signs on applicant's property, notwithstanding the fact that his buildings do not satisfy the minimum 25 ft. setback requirement, (b) permit the signs to be located less than ten (10) feet from the front lot line of the property and (c) permit the signs to exceed' twelve (12) feet in height or twenty-five (25) sq. ft. in area. Donald Kline Attorney representing Steven Greenberger, applicant addressed the board regarding the petition for a sign variance. Attorney Kline, reviewed the plan of the current site with the board which indicated the existing signs. He further explained the situation of the buildings on the property and the hardship posed by the type of building and their being built along Federal Hwy. At this time Mr. Terry Virta, AICP — Growth Management Director addressed the board regarding the petition. He commented that the petitioner has not made any offer at bringing the requested signs any closer to the sign ordinance, and with that cannot offer support of the request as it stands. Board member Jason Dubow disclosed that he must abstain from voting on this items due to a conflict, but will participate in discussion if necessary. The board questioned the City Attorney as to whether this item would set a precedent for other sign variances if granted. Attorney Ansbro stated that each case is unique and must be reviewed on the criteria supplied to prove a hardship, but also that it is not uncommon that remedies could be worked out with staff where a reasonable variance which would come close to compliance with the code, could be presented for each individual case. The board questioned the petitioner on the dimensions of the existing signs. The board further questioned Mr. Virta on types of signs that would and would not be allowed on this building. Attorney Kline further stated that his client would be more than willing to work with staff on a sign that would come close to the code as possible. There was discussion of possibly setting a standard for what should be allowed via variance requests. The board expressed mixed feelings in regards to a set standard for all requests, feeling that each request should stand on it's own merit and evaluated on the request at hand. The board further discussed with Attorney Kline, options for changing his request and still accommodating his hardship with the sign ordinance. Mr. Virta described briefly the proposed new sign ordinance, which will effect the entire city's signage regulations, and further that pole signs will not be allowed, in any part of the city, as a part of this ordinance. Further discussion by the board entailed regarding what should and should not be allowed, pole signs as opposed to monument signs, and an appropriate method of granting MINUTES — REGULAR MEETING 2 APRIL 15, 1998 Planning and Zoning Board the sign variance before them as well as future sign variances. At this point a motion was made by Bob Adams, to recommend approval of one (1) of the pole signs, with a minimum set back of 6 '/2 feet, which complies to all of the size limitations included in the code, seconded by Kevin Pierson. Discussion entailed with Chairman Lohmann stating he could not support a pole sign of any kind and felt a set back of 10 feet was more appropriate. Pat Janowski requested an amendment to the motion to change the pole sign to a monument sign, keeping the 6 '/2 foot set back, the amendment to the motion was not accepted. The original motion failed on the following roll call: Jason Dubow - abstain Pat Janowski - no Victor Lohmann - no Kevin Pierson - ye5 Bob Adams - yes Motion was then made by Pat Janowski to recommend approval of one (1) monument sign (to the south), with a minimum set back of 6 '/2 feet, which complies to all of the size limitations included in the code. Mr. Kline stated that neither of the existing signs could be used with this criteria, so a new sign would have to be constructed with a variance for the location and set back requirement. Mr. Virta explained that a 12' height would meet the downtown sign code by would not meet the design guidelines, which allow only a height of 7', and an area of 25 sq. ft.. After further discussion by the board, the petitioner and Mr. Virta, it was decided that Mr. Greenberger would work with staff on a monument sign that would come close to compliance with the code in the area of height, area and size. After hearing the proposed arrangement, Pat Janowski withdrew her motions. A motion was then made by Kevin Pierson to continue variance request VA-24-98 so that the petitioner may work with staff on an agreeable monument sign, seconded by Bob Adams. Motion passed on the following roll call: Jason Dubow - abstain Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes Bob Adams - yes 4. VA-27-98 —A request by Jay Patel, owner of Luckey's Motel, Inc., located at 205 North Federal Hwy., Dania for variances from the following code section: Chapter 3; Advertising, Article 11 Signs, Section 3-39 (b) (1) a. b. & c. of the Downtown Dania Redevelopment District Sign Regulations, which permit pole (ground) signs, as defined, only on lots on which buildings are set back a minimum of 25 ft. from Federal Hwy., and if permitted, only one (1) such pole sign is permitted, indicating the name of the development and/or the individual uses within the development, may not exceed twelve feet in height or 25 sq. ft. in area, and must be set back 10 feet from any lot line and 30 feet from the intersection of any 2 street lines. MINUTES — REGULAR MEETING 3 APRIL 15, 1998 Planning and Zoning Board Mr. Patel is requesting a variance that would (a) permit (1) pole / ground sign, notwithstanding the fact that his building does not satisfy the minimum 25 ft. setback requirement, (b) permit the signs to be located less than ten (10) feet from the front lot line of the property and (c) permit the signs to exceed twenty-five (25) sq. ft. in area. Property is legally described as: Lots 21, 22, 23 and 24, Block 1, Less the East 8 feet of lots 21 and 24, The Town of Modelo, according to the Plat thereof, as recorded in Plat Book B, Page 49 of the Public Records of Dade County, Florida, said lands situate, lying and being in Broward County Florida. It was noted by Lou Ann Cunningham, Board Clerk, that Mr. Patel was called away on an emergency and would not be able to attend. Motion was made by Pat Janowski, seconded by Kevin Pierson to continue item VA-27-98, until the next regular meeting. Motion passed unanimously. 5. VA-25-98 — A request by Phil Glassman, Manager/Lessee of the Dania Shopping Center, located at 100 through 130 South Federal Hwy., Dania, for a variance from the following code sections: Chapter 3; Advertising, Article II Signs, Section 3-39 (b) (2) b.1 & c. & d. of the Downtown Dania Redevelopment District Sign Regulations relating to the allowed size of flat wall signs and lettering for tenants; The code sets criteria for size of flat wall signage and the text of the lettering to be placed on the signage. Mr. Glassman would like to submit a sign criteria agreement for approval to be used by his tenants for flat wall signage above each of their businesses, and rear entries. Chapter 3; Advertising, Article II Signs, Section 3-39 (b) (1) b. & c. of the Downtown Dania Redevelopment District Sign Regulations which state that only one (1) pole sign is permitted, indicating the name of the development and/or the individual uses within the development, may not exceed twelve feet in height or 25 sq. ft. in area, and must be set back 10 feet from any lot line and 30 feet from the intersection of any 2 street lines. Mr. Glassman is requesting that two (2) such pole (ground) signs be permitted. One sign, which is an existing pole sign, describing Jaxons Ice Cream Parlor; and one which is an existing pole sign, to be removed and replaced with a monument sign, standing 27'-3" in height. Mr. Glassman also requests for the existing signs to remain located less than the required ten (10) feet from the front lot line of the property. Property is legally described as: TOWN OF DANIA, PLAT BOOK B, PAGE 49, LOTS 1 LESS ST. RD., 2, 3, 4 LESS ST. RD., 5 LESS ST. RD., 6, BLK 25; ALONG WITH LOTS 7, 8 LESS ST. RD., BLK 25; ALONG WITH LOTS 10, 11, LOT 12, LESS ST. RD., BLK 25. ALONG WITH LOTS 13 LESS ST. RD., 14, 15, BLK 25; AND ALONG WITH LOTS 9 & 16, LESS ST. RD., BLK 25. As stated at the beginning of the meeting, this item would need to be continued until the next meeting so that notification of a revised public hearing notice can be done to include a variance for the area of the sign. Motion made by Bob Adams, seconded by Pat Janowski to continue item VA-25-98. Motion passed unanimously. MINUTES — REGULAR MEETING 4 APRIL 15, 1998 Planning and Zoning Board • OLD BUSINESS 6. TX-23-98 -An administrative ordinance making certain revisions to the City of Dania's Sign regulations. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF DANIA, BY AMENDING ARTICLE 2, ENTITLED "DEFINITIONS" TO ADD CERTAIN DEFINITIONS RELATING TO SIGNS; BY AMENDING ARTICLE 6 TO ADD SECTION 6.65 ENTITLED "SIGN REGULATIONS" TO INCLUDE CERTAIN PROVISIONS AND REGULATIONS RELATING TO SIGNS; PROHIBITING CERTAIN TYPES OF SIGNS; PROVIDING AMORTIZATION PERIODS FOR NONCONFORMING SIGNS; PROVIDING A VARIANCE PROCEDURE; PROVIDING INTENT, APPLICABILITY, GENERAL REQUIREMENTS, PROVIDING FOR CODIFICATION, ORDINANCES IN CONFLICT, SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. Terry Virta, AICP, Growth Management Director, explained that staff had been instructed by the City Commission to prepare a revision to the sign regulations for the entire City of Dania, and in essence to make the downtown sign regulations, city wide. Mr. Virta explained that this draft ordinance was prepared with the help of consultant Miriam Maer, an Attorney with Earl Gallop's office. Mr. Virta explained that this ordinance would move the sign regulations into the zoning chapter, and makes certain modifications to the existing downtown sign regulations as well as incorporating certain regulations from the newly adopted design guidelines. He further explained that the regulations provided for in this proposed ordinance were gathered from other model ordinances in South Florida, for example Boca Raton and South Miami. The board and Mr. Virta discussed existing signs which would be taken out of compliance, an amortization period as well as ideas about provisions for new signs. The board then went through the proposed ordinance and questioned certain provisions. Mr. Virta confirmed that the ordinance would go into effect after two public hearings at the City Commission level. The board discussed the effect of the meeting with the Downtown Redevelopment Association on the 20th of April on the sign ordinance with Attorney Ansbro and Mr. Virta. It was felt that the Commission was steadfast in their decision to support the downtown sign ordinance. At this time the item was opened for public comment. Roger Palmerantz, Attorney for Chevron USA, Inc., address the board and commented on the downtown sign ordinance and the citation received for violation with the ordinance. He also spoke about his experience with sign ordinances in other cities as well as County, State and Federal Laws relating to gas station signs and trademarks. Hearing no further comments, the Chairman closed the public hearing. MINUTES — REGULAR MEETING 5 APRIL 15, 1998 Planning and Zoning Board 40 0 Attorney Ansbro expressed a desire to review the ordinance for syntax and agreed that before the board moves forward on this proposed ordinance that we should wait to see the outcome of the meeting on the 20" of April. It was suggested by the board, that a broader scope of people should be notified, i.e. businesses, the Chamber etc., of the proposed ordinance and that a special meeting of the planning board should be set to accommodate the possible crowd. A motion was made by Bob Adams to continue item TX-23-98 until May 6, 1998, 7:00 p.m. Special meeting, seconded by Pat Janowski. Motion passed unanimously. Motion made by Bob Adams, seconded by Kevin Pierson that Wednesday, May 6 at 7:00 p.m. be set aside for a special meeting to discuss the proposed ordinance, for the clerk to notify the Chamber and any other citizen boards, also to place a note on the water bills. Adjournment MINUTES — REGULAR MEETING 6 APRIL 15, 1998 Planning and Zoning Board FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL9 ND OTHER LOCAL PUBLIC OFFICERS LAST:rIRST NAME—MIDDLE NAME N E OF BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITT E /ar)h/1 On i r7 5, O r MAILI G ADDRESS THE BOARD,COUNCTL,COMMISSION,AUTHORM OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY b 1&y 0 COUNTY 0 OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: o bt? DATE ON WHICH VOTE OCCURRED MY POSITION IS: s �j� o ELECTIVE (jXhPPon�rTrvE WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city, or other local level of government on an appointed or elected board council,commission,authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presenter- with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions or this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss.Each elected or appointed local officer also is prohibited from knowingly votinf on a measure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retainer (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain o loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencie: under Sec.163.356 or 163.357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not pro hibited from voting in that capacity. For purposes of this law, a"relative"includes only the officer's father,mother, son, daughter,husband, wife,brother,sister,father in-law,mother-in-law,son-in-law,and daughter-in-law.A"business associate"means any person or entity engaged in or carrying of a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares o the corporation are not listed on any national or regional stock exchange). s s s s s s s s s s s s s s s s ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure or which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. s s s s s s • s s s s s s s s s APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi cers. In order to participate in these matters,you must disclose the nature of the conflict before making any attempt to influence th� decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THI VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible fa recording the minutes of the meeting,who will incorporate the form in the minutes. • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. CE FOAM 8B-REV. 1/95 PAGE 1 IF YOU MAKE NO ATTEMPT TO IMUENCE THE DECISION EXCEPT BY DISC SSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. \ DISCLOSURE OF LOCAL OFFICER'S �INTEREST hereby disclose that on 1 I 19 : (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; ((JJ inured to the special gain or loss of my business associate, T`��'1 Q\"��T�n C inured to the special gain or loss of my relative, inured to the special gain or loss of by horn I am retained;or - inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: -fe✓,e n 6"er b2r5 el- Q S 0A Date Filea Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-REV. 1/95 PAGE