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HomeMy WebLinkAbout1998-03-18 Planning and Zoning Board Minutes i • MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY MARCH 18, 1998 7:30 P.M. Roll Call Present: Also Present: Pat Janowski Terry L. Virta, AICP — Growth Management Director Victor Lohmann Thomas Ansbro, City Attorney Jason Dubow Lou Ann Cunningham, Board Clerk Kevin Pierson Chairman Victor Lohmann, read a letter from Josh Dresser, resigning from the Planning and Zoning Board. Board members expressed their regrets stating that Josh Dresser will be missed. Approval of Minutes from the February 18, 1998, Planning and Zoning Board Meeting. Motion made by Pat Janoswki to approve the minutes of the February 18, 1998 Regular Planning and Zoning Board meeting, seconded by Kevin Pierson. Motion passed unanimously. OLD BUSINESS 1. LUF-06-98 — Request by Jeffrey A. Collie to apply for the 20% Land Use Flexibility Rule which would allow the rezoning of the following described land from RS-6000 to C-2. Mr. Collie would like to construct a Barber Shop on what is now vacant land. The property is located at the corner of SW 6th Street and Phippen Rd. and is approximately 4,200 sq. ft. in size. The property is legally described as: Lot 12, Block 6 'College Tract', as recorded in Plat Book 19, Page 9 of the Public Records of Broward County Florida. The legal description of the property was read into the record. Mr. Jeffrey Collie was sworn in and addressed the board. Mr. Collie described his request for rezoning for the board. Mr. Collie stated that from 51h St. to 7th St. is zoned residential, and on 5t1 Street is a nursing home and 8 duplexes, also on 6th St. there are no single family homes just duplexes and a funeral home and on 7th St., is a restaurant and lounge, 8 duplexes and 5 homes rented as multifamily. Mr. Collie felt that by allowing a barbershop at this site, would not distract from the single family homes in the neighborhood. Mr. Collie heard that the zoning was changed in 1983 and again recently for the Nursing Home. Terry Virta, AICP, Minutes — REGULAR MEETING 1 March 18, 1998 Planning and Zoning Board • • Growth Management Director, was sworn in and addressed the board concerning this petition. Mr. Virta stated that at the last meeting it was suggested that the property was rezoned from a commercial status to a residential status at one time. After a record search, by staff, there was no evidence of prior commercial zoning, or rezoning from commercial to residential, for this property at any time. Mr. Virta confirmed for the board, that his recommendation for denial would still stand at this time. At this time the Chairman, opened this item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. Mr. Virta again testified that in his opinion this is a case of spot zoning. Hearing no further statements by the board a motion was made by Kevin Pierson to deny the Land Use Flex request LUF-06-98, seconded by Pat Janowski. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes *At this time Mr. Jeffrey Collie withdrew item RZ-07-98. 2. RZ-07-98 — Request by Jeffrey A. Collie to rezone the following described land from RS-6000 to C-2. Mr. Collie would like to construct a Barber Shop on what is now vacant land. The property is located at the corner of SW 6" Street and Phippen Rd. and is approximately 4,200 sq. ft. in size. The property is legally described as: Lot 12, Block 6 'College Tract', as recorded in Plat Book 19, Page 9 of the Public Records of Broward County Florida. 3. TX-19-98 - An administrative ordinance amending that Chapter 28, Zoning; Article 4, District Regulations, Section 4.20 - Application of Regulations — Schedule of Use Regulations, of the Code of Ordinances of the City of Dania, by adding "Work Release Facility" as special exception use category to the C-3 zoning district. Terry Virta, AICP, Growth Management Director described for the board the research that was done regarding a way to set limits to the number of institutions that could be incurred, by either separation or other factor. Mr. Virta reported that he was unable to find any such provision. Mr. Virta suggested expanding the distance separation to a greater number for the C-3 district being that C-3 is not the most common zoning district. The board questioned a per capita stipulation relating to the number of beds at the facility. Further discussion b P 9 tY Y the Board Growth Management Director and City Attorney entailed regarding 9 tY Y 9 9 providing a density cap in addition to the physical separation set back. At this time the chairman opened the public hearing. Marwin Cassell, Attorney representing Dismiss Chairities, addressed the board expressing concern that P 9 P 9 the requirement of a density cap be resolved so that the petition may move on to the Commission. Emerson Alisworth, Consultant to Dismiss Charities, Inc., was Minutes — REGULAR MEETING 2 March 18, 1998 Planning and Zoning Board i sworn in and addressed the board again expressing concern that this item be passed this evening so that the special exception request and site plan may be addressed. Mr. Allsworth gave a brief history of the use and the property in question, and what has transpired since. Mr. Dennis DesJardin, executive Director of the Victory Living Programs, 851 W. Dania Beach Blvd., was sworn in and addressed the board speaking in favor of the text amendment. Mr. Joel Azrikan, Chairperson of the Downtown Economic Development Board and Sheriffs District Council, was sworn in and addressed the board speaking in favor of the Dismiss Charities project and their efforts. Ms. Janice Williams, a business owner in the downtown district, was sworn in and addressed the board speaking in favor of the amendment. Hearing on one and seeing no one further, the public hearing was closed. The item was brought back to the board for discussion. Again separation and the math for a population cap was discussed by the board members. Motion was made by Jason Dubow to recommend approval of TX-19-98 with the following changes to the ordinance: 1) Removing the word "Federal" in all instances in the ordinances; 2) indicate a separation from other such facilities of "5,000 feet"; 3) indicate a maximum "per capita cap of 1 bed per 200 residents", seconded by Pat Janowski. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes At this time representatives of Dismiss Charities requested that their following 2 q P 9 items be brought forward now. This request was denied, due to the large amount of petitioners waiting to be heard. NEW BUSINESS 4. SE-11-98 - A request by Omnipoint Communications for a special exception use to allow the installation of a wireless telecommunication antenna and base transmission system (more commonly referred to as a stealth towers, stealth rooftop antenna or building mounted antenna) at 1825 Griffin Road. Property is owned by S.L.T., L.L.C., Dania commonly known as the Wyndham Hotel. The property is zoned (Community Business) C-4, and is an allowed special exception use as stated in Chapter 28, Zoning; Article VIII, Telecommunication Towers and Antennas, Section 33-308. Property is legally described as: Property folio number 50 42 33 36 0010. Design Center Hotel / Office Complex Plat Book 118, Page 11 B, Parcel A.....Commencing at the SE corner of parcel A west 262.50', north 224.83' to point of beginning, west 122.50', north 122.50', east 122.50', south 122.50' to point of beginning and less beginning at the southeast corner of parcel A, west 384.75', north 162.03', east 242.25', north 464.33' to n/l, east 48.50' p/c, east arc distance of 94.36 to northeast corner, south 620.46 to a point of beginning. Minutes — REGULAR MEETING 3 March 18, 1998 Planning and Zoning Board • • The legal description of the property was read into the record. Mr. Richard Ventura, Zoning Manager representing Omnipoint Communications was sworn in and addressed the board with a description of his petition. Mr. Ventura distributed photographs of the site and the proposed location of the cellular antenna. At this time the Chairman opened the public hearing. Diana Lewis, Airport Planner for Broward County Aviation Department, was sworn in and addressed the board. Ms. Lewis brought up concerns from the airport relating to the proper FAA forms which must be filed so that an analysis of communication interference is performed. Ms. Lewis requested that a condition be placed on the special exception request stating that a favorable determination from the FAA is received, stating that there is no communication interference with the existing radio frequencies on the airport or navigational aides. Mr. Clovis Prince of Omnipoint Communications was sworn in and addressed the board stating that all necessary paperwork has been filed, and that a response is expected within 1 week. Hearing no one and seeing no one further, the item was brought back to the board for discussion. Motion was made by Jason Dubow to recommend approval of the special exception SE-11-98, subject to compliance and approval of the FAA determination, seconded by Kevin Pierson. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes 5. VA-13-98 — A request by Marc Jay Tannen, Attorney, representing James R. Smith for a variance request from side and rear yard setback regulations as listed in the City of Dania Code of Ordinances, Chapter 28, Section 5.44. Accessory structures; Minimum yard, lot and bulk regulations; (1) No accessory structure shall be located within ten (10) feet of a side or rear lot line. The property at 722 NW 12th Ave., is zoned RS-6000 (Single Family). Mr. Smith would like to allow the construction of a Chiki Hut with setbacks of 110" from the side yard and 5' from the rear yard. Property is legally described as: Lot 13, "Galman Subdivision", as recorded in Plat Book 63, Page 20 of the Public Records of Broward County, Florida. The legal description of the property was read into the record. Attorney Marc Jay Tannen addressed the board describing the requested variance. Mr. Tannen stated that the contractor hired to construct the Chiki Hut stated that permitting was not necessary for this structure. Mr. Tannen further stated that surrounding property owners were contacted for support of the petition and photographs were submitted showing other like structures along the waterway. Mr. Tannen cited other variances that were granted which did not express a hardship as stated in the variance application. Minutes — REGULAR MEETING 4 March 18, 1998 Planning and Zoning Board Terry Virta, AICP, Growth Management Director, addressed the board, concurring with Mr. Tannen's statement, but also stating that the largest hardship evident, is that the structure already exists at the location it is at and that it would be difficult to move it. Mr. Virta further stated that staff cannot look at the request from that standpoint. Chairman Lohmann opened the item for public comment. Mr. Thomas J. Lietaert, 726 NW 12 Ave., was sworn in and addressed the board, speaking favorably of the variance request. Hearing no one and seeing no one further, the Chairman closed the public hearing. The board further questioned Mr. Tannen of when the but was constructed and he responded stating that during permitting of the pool, Mr. Smith was advised by "Michelle", in the Building Department, that a permit for the but was not necessary, after construction it was found that a permit was necessary and that the structure was in violation of required setbacks. Mr. Tannen felt that even if the structure had not been constructed, it still would not be able to be constructed and meet the required setbacks. Mr. Virta stated that this petition was not filed as the result of a Code Enforcement violation. After further discussion by the board, a motion was made by Kevin Pierson to recommend approval of VA-13-98, seconded by Pat Janowski. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes 6. SE-17-98 — A request by Nextell Communications for a special exception use to allow the installation of a cellular antenna and associated structure and equipment shelter (more commonly referred to as a stealth towers, stealth rooftop antenna or building mounted antenna) at 1870 Griffin Road. Property is owned by Interstone / CGL Partners L.P. commonly known as the Airport Hilton Hotel. The property is zoned C-2 (Commercial District), and is an allowed special exception use as stated in Chapter 28, Zoning; Article Vill, Telecommunication Towers and Antennas, Section 33-308. Property is legally described as: Property folio number 5042 28 09 0010. Parcel 1 —All of Parcel A Airview Hotel as recorded in Plat Book 125, Page 16 of the Public Records of Broward County Florida (said plat being incorporated herein by this reference and made a part of this description)... Parcel 2 — Easement for the benefit of Parcel 1 as created by that certain easement, dated September 20, 1985, filed October 3, 1985 in Official Records Book 12867, page 462, public records of Broward County, Florida..... Parcel 3 — Easement for the benefit of Parcel 1 as created by that certain Easement, dated September 20, 1985, filed October 3, 1985 in Official Records Book 12867, page 472, public records of Broward County, Florida,... Parcel 4 — Easement for the benefit of Parcel 1 as created by that certain Easement, dated September 20, 1985, filed October 3, 1985 in Official Records Book 12867, page 467, Public Records of Broward County, Florida,... said lands situate within Broward County, Florida. Subject to the terms, provisions and conditions set forth in said instrument. The legal description of the property was incorporated into the record by reference. Mr. Ron Engele, representative for Nextell Communications was sworn in and addressed the board requesting permission to install antennas and Minutes — REGULAR MEETING 5 March 18, 1998 Planning and Zoning Board an associated shelter, to house communication equipment inside of it, on top of the Airport Hilton Hotel. Mr. Engele further stated that Nextell is prepared to comply with any FAA and/or FCC requirements. Terry Virta, AICP, Growth Management Director, addressed the board commenting that there is no problem with height and wind load construction of the tower and shelter. Hearing no further questions from staff, the Chairman opened the item for public comment. Diana Lewis, Airport Planner for Broward County Aviation addressed the board stating that this particular antenna was directly underneath the approach path on Runway 9R and stressed the importance of FAA approval of any interference of current as well as future airport activities. Hearing no one further and seeing no one further, the public hearing was closed. Hearing no further discussion by the board, motion was made by Jason Dubow to recommend approval of SE-17-98 conditioned that all FAA approvals have been received, seconded by Pat Janowski. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes 7. VA-18-98 — A request by the Board of Trustees of the Dania United Methodist Church, Inc. represented by Mary Staufenberger for a variance from Chapter 3; Advertising, Article II Signs, Section 3-39 (b) (1) a. b. and c. of the Downtown Dania Redevelopment District Sign Regulations to allow more than 1 pole (ground) signs at the Church located at 113 South Federal Highway, Dania. The code states that One pole (ground) sign shall be permitted per development. The Board of Trustees are requesting that the two (2) monument signs currently in place be allowed to remain. Town of Dania Plat Book B Page 49 Property le described as g , Lot 7 less State P Y is legally Y Road #1, along with Lots 8, 9, 10 less State Road #1, along with Lot 11 less State Road #1, along with Lots 12, 13, 14 less State Road #1, along with Lot 15 less State Road #1, and along with Lot 16 of Block 24. The legal description of the property was incorporated into the record by reference. Ma Staufenberger, Board of Trustee of the Dania United Methodist Mary 9 Church, Inc., was sworn in and addressed the board. Mrs. Staufenberger, gave a brief history of the memorial structures located at the Church, referencing the permits which were issued after the advertising ordinance was passed. Mrs. Staufenberger further stated that these structures were used for identification purposes showing name of the Church, Pastor, and times of services. She also stated that these memorials are a remembrance of the deceased family of the Church. Mrs. Staufenberger closed requesting that the memorials signs be allowed to remain, and that to remove them would create a hardship for the members of the Church. At this time Chairman Lohmann opened the item for public comment. Reverend Margaret Smart, of the Dania United Methodist Church, was sworn in and addressed the board. Rev. Smart stated that all of the Minutes — REGULAR MEETING 6 March 18, 1998 Planning and Zoning Board other signs which were located on the property were removed, with the help of Dismiss Charities, but felt that the two requested monument signs are an asset to the City and should be allowed to remain. Hearing no one further and seeing no one further, the public hearing was closed. The board questioned Mr. Virta, Growth Management Director, that if by granting this variance to the Church, that it would not jeopardize the City's position on signage in the Downtown District. Mr. Virta confirmed that each variance application must stand on its own merits. This position was also confirmed by City Attorney Ansbro. The board was in agreement that this request did indeed have unique circumstances. For the records Jason Dubow stated that he must abstain, due to the fact that there were similar circumstances relating to signage connected with the building in which his family owns. Hearing no further discussion from the board, a motion was made by Kevin Pierson to approve VA-18-98, seconded by Pat Janowski. Motion passed on the following roll call: Jason Dubow - abstain Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes 8. SE-20A-98 - The request of Emerson Allsworth, Esquire, representing Raymond J. Weiss of Dismiss Charities, Inc., for a special exception use to allow a "Work Release Facility, with no more than 80 residents" to be operated from 141 NW 15c Avenue, Dania, Florida. SP-206-98 - The request of Emerson Allsworth, Esquire, representing Raymond J. Weiss of Dismiss Charities, Inc., for Site Plan approval of a "Work Release Facility, with no more than 80 residents" to be operated from 141 NW 1st Avenue, Dania, Florida. Property is legally described as: Lots 1, 2, 3, 4, and 5, of Block 9, and Lots 2 & 3, less the East 53.00 feet of Block 10, "The Town of Modelo", according to the Platt thereof as recorded in Plat Book B, Page 49, of the Public Records of Dade County, Florida. The legal description was incorporated by reference. Mr. Emerson Allsworth, Consultant, addressed the board introducing other interested parties wishing to speak. Staff included Tammy Jadway, Robin Burns, Dr. Israel Kemp; Jack Campfer, Officer with Dismiss Charities, Gene Fischer, General Contractor and Landscape Architect Rob Graf and Karen Cook a member of the advisory board, all were sworn in by the clerk as a group. Mr. Allsworth gave presentation of the proposed renovations / restoration to the facility along with historical photographs of the Hotel Poinciana from what appeared to be from the 1930's and mentioned that the building was a candidate for the federal historical register. Mr. Allsworth also gave an overview of current and future operations of the facility. He further read from a printout received by Broward Sheriffs Office of any offenses at the facility for the past 6 years, of which there was nothing connected to any of the prisoners or operations of Dismiss Charities. Mr. Allsworth described the type of prisoners which are housed in a pre-release facility, activities conducted while Minutes — REGULAR MEETING 7 March 18, 1998 Planning and Zoning Board housed and the average stay of the prisoners. Mr. Allsworth further described the proposed parking and landscaping at the site. Terry Virta, AICP, Growth Management Director addressed the board stating that the petitioner has worked very closely with staff in the development of their plans, and have complied with a all concerns and concurs with his report of a favorable recommendation. At this time Chairman Lohmann opened the public hearing. Rev. Margaret Smart addressed the board in favor of the petition. Rose Lizana, was sworn in and addressed the board speaking favorably of the request. Hearing no one and seeing no one further, the Chairman closed the public hearing. The board discussed the parking issues and irrigation plan and if any relationship existed with the firm Banham, Inc. of Kentucky. Mr. Robert Graf, Landscape Architect, addressed the board stating that he will prepare an irrigation plan before the City Commission meeting. The board also questioned current compliance with all South Florida Building Code and City Codes for the renovation. Mr. Virta stated that everything will be done according to current codes. Hearing no further discussion, a motion was made by Jason Dubow to recommend approval of SE-20A-98, contingent with approval of the text amendment allowing this use in it's current zoning district, seconded by Kevin Pierson. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes Motion made by Jason Dubow to recommend approval of SE-2013-98, seconded by Kevin Pierson. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes 9. PL-14-98 - The request of ABI Companies & Consul-Tech Engineering as representatives for Marie & Elaine Hines to plat the property located just west of 1-95 on the north side of Stirling Road. The name of the proposed plat is the "Candlewood Hotel" plat. Platting is required for the proposed construction of a 129 room Hotel. Property is legally described as: A portion of the SE % of the SW % of section 33, Township 50 South, Range 42 East being more particularly described as follows: Commence at the SW corner of said Section 33; thence N87056'14"E along the south line of said Section 33 a distance of 1674.32 feet; thence N01°22'06"W a',distance of 112.38 feet to the point of beginning; thence continue N01022'06" West a distance of 221.69 feet; thence S87054'48" W a distance of 167.56 feet; thence N01°!23'07" W a distance of 333.96 feet; thence N87053'23" E a distance of 331.05 feet to the westerly right of way of the off-ramp for 1-95, said point being on the arc of curve concave to the west having a radius of 5629.65 feet and a radial bearing of N85°21'25" W; thence southerly through a central angle of 02004'24" an arc distance of 203.72 feet to a point Minutes — REGULAR MEETING 8 March 18, 1998 Planning and Zoning Board • of tangency of a non-tangent line thence S13018'21" W a distance of 213.31 feet; thence S19002'32" W a distance of 145.70 feet to a point on the arc of a curve concave to the northwest having a radius of 64.00 feet and a radial bearing of N33005'48" W; thence westerly and southerly through a central angle of 09035'57" an arc distance of 10.72 feet to a point of compound curvature of a curve concave to the northwest having a radius of 189.00 feet; thence westerly through a central angle of 07°39'21" an arc distance of 25.25 to the point of beginning. Said lands lying and being in the City of Dania, Broward County, Florida and containing 117700 square feet (2.702 acres) more or less. Seeing no one and hearing no one present to represent this item, PL-14-98 was continued until the next regular Planning and Zoning Board Meeting. 10. EA-21-98 - Mr. John Skinner owner of Dockers Bar and Cafe, Inc. have applied for an Extended Hours License (Daily until 4:00 A.M., and Sunday, between 11:00 a.m. and 1:00 p.m.). The property is located at 318 North Federal Hwy. John and Lisa Skinner were sworn in and addressed the board requesting recommendation of approval. Jason Dubow, abstained from any discussion of this item due to his representation of the Skinners as council on other matters. Terry Virta, AICP, Growth Management Director, stated that a representative of Dockers contacted him stating that a variance application was being prepared for addressing the signage violations. The board reviewed the police report as stated in the backup and questioned the shooting incident. After further discussion by the petitioner relating to the police report, the Chairman opened the item for public comment. Rose Lizana addressed the board and spoke in favor of the request for both the 11:00 a.m. and 4:00 am license. Hearing no one and seeing no one further the Chairman closed the public hearing. This item was broken up into a motion for each request. Motion made by Pat Janowski to recommend approval of the request for the Sunday, 11:00 a.m. license request provided that the code violations are brought into compliance and that the petitioner submits a letter stating that the shooting incident was not related to the Bar/Restaurant operations, seconded by Kevin Pierson. Motion passed on the following roll call: Jason Dubow - abstain Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes Motion made by Pat Janowski to deny the Weekdays, 4:00 a.m. license request. Motion failed for lack of a second. Motion made by Kevin Pierson to recommend approval of the Weekdays, 4:00 a.m. license request, provided that the item be reviewed again after 1 year. After passing the gavel the item was seconded by Victor Lohmann. Motion passed on the following roll call: Minutes — REGULAR MEETING 9 March 18, 1998 Planning and Zoning Board 0 Jason Dubow - abstain Pat Janowski - no Victor Lohmann - yes Kevin Pierson - yes 11. SE-22-98 - The request of Mike and Mark Mogerman, representing Second National Acceptance, Corp. for a special exception use to allow said parcel to be used in it's entirety for Commercial Recreational use, as provided in Chapter 28; Zoning Article 4.20 Schedule of Use Regulations; Special Exception$ under the I-G zoning category. The location of said parcel is 1800 NW 1' Street, Dania. The petitioner is proposing a "Paintball Facility" as temporary use. Property is legally described as: Parcel "A" of Commerce Center of Dania, �ccording to the Plat thereof, recorded in Plat book 135, page 44 of the public recordsl of Broward County Florida. The legal description was incorporated into the record by reference. Mike Mogerman was sworn in and addressed the board with the request for special exception use to allow a Paintball Facility as a temporary use. Terry Virta, AICP, Growth Management Director, addressed the board and indicated that his recommendation against the petition stems from the lack of the most basic of improvements such as restroom facilities, minor landscaping and parking. The board discussed the item and compared it to other temporary uses as carnivals or fairs. The board also compared the use to the Haunted House which was located on the site a few years ago. Chairman Lohmann opened the item for public comment. Mike Mogerman commented on the parking and landscaping and ensured that the operation will meet the appearance of his current facility and that any additional parking or facilities can be adequately accommodated in the existing structures located there. Further discussion about basic facilities, pros and cons of permanent landscaping, the possibility of temporary landscaping, a time limit for the use and a long range plan for the site was heard by the petitioner, staff and the board. Mr. Joseph Espinosa, proprietor was sworn in and addressed the board. Mr. Espinosa stated that the hours of operation would be 2:00 p.m. until midnight, with 3 port-a-lets and temporary electric and lighting installed for parking as well as the facility. Mr. Espinosa further stated that it would not be cost effective to run this for less than a 6 month period of time. Hearing no one and seeing no one further the Chairman closed the public hearing. Mr. Virta further explained the request to the board being that the petitioner is requesting that 1) the special exception use be allowed for the entire site as a commercial recreation use and within that to allow for temporary uses and 2) that a portion of that site be used for a Paintball facility as a temporary use. He further,explained that conditions can be placed on the temporary use. Motion made by Kevin Pierson to approve the special exception SE-22-98, with the conditions that in 180 days the site is cleared and returned to its current condition, this be clarified that this is a special exception for a portion of this parcel as identified by the site plan dated March 3, 1998, the restroom facilities be enhanced as required by County or City health standards for any temporary event, that designated parking area be enhanced to accommodate Minutes — REGULAR MEETING 10 March 18, 1998 Planning and Zoning Board • 0 double the capacity of what is proposed, and provide a enhanced landscaping plan to the minimal acceptable standards to be provided to staff, seconded by Pat Janowski. Motion passed on the following roll call: Jason Dubow - yes Pat Janowski - yes Victor Lohmann - yes Kevin Pierson - yes 12. TX-23-98 - An administrative ordinance making certain revisions to'',the City of Dania's Sign regulations. i AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 28, ZONING, OF THE 60DE 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. Due to time constraints, this item was continued until the next regular Planning and Zoning Board Meeting. Mr. Virta expressed that the board review the ordinance and report any questions or concerns to him prior to the next meeting. Before closing, it was suggested by Jason Dubow to make it a matter of procedure to identify any items on the agenda, that are to be continued or withdrawn. This would be done after the minutes are approved. All board members in favor. Mr. Ansbro also stated that the legal descriptions of the properties do not need to be listed on the agenda. Adjoumment Minutes — REGULAR MEETING 11 March 18, 1998 Planning and Zoning Board FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Jason PIA 2 MAILING ADDRESS THE BOARD,eOUNCIL,COMMISSION,A ORITY OR COMMITTEE ON St WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY O COUNTY CI OTHER LOCAL AGENCY a n t ok arlJ G 9-AO NAME OF POLITICAL SUBDIVISION: [DATE ON WHICH VOTE OCCURRED IO A 1 5 0 MY POSITION IS: O ELECTIVE AjPPOINTIVE 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 presented 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 greatIN 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 voting 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 retainec (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 agencies 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 daughter4n-law.A'business associate"means any person or entity engaged in or carrying or 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). 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 perso> 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 APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offs cers. In order to participate in these matters,you must disclose the nature of the conflict before making a*y attempt to influence the 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 MZ ETING AT WHICH THE VOTE WILL BE TAKEN: - You must complete and file this form (before making any attempt to influence the decision) with the person responsible foi 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 FORM 8B-REV.1/95 PAGE 1 AdIk IF YOU MAKE NO ATTEMPT TO IN UENCE THE DECISION EXCEPT BY DISCUSSION 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 I, pfSDn► �y QOw hereby disclose that on 1 116- , 19 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom 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: b:;'nta (fin t d Me Add 1s T Chu rc A Date Filed re 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 Il� SALARY,REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-RE1. 1/95 PAGE FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE N E NAME OF BOARD,COUNCIL,COMMISSION,A HORITY,OR COMMITTEE Zc� tc-� a so n P/4nnIn MAILING ADDRESS THE BOARD,COVNCIL,COMMISSION,AUTHMUTY OR COMMITTEE ON _ �� J S ✓ WHICH I SERVE IS A UNIT OF: CITY �3 �v �OUNTY IIVCITY 0 COUNTY O OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED � MY POSITION IS: F.Nc� !l /Q 0 ELECTIVE APPOSE 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-advisoryibodies who are presented 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 Breath 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 measurc which inures to his or her special private gain or loss.Each elected or appointed local officer also is prohibr1hom. d from knowingly votin€ on a measure which inures to the special gain or loss of a principal(other than a government agency)by 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 agencies 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 or 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 * * # 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 recordinj the minutes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offr 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 fo: 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 FORM 88-REV. 1/95 PAGE 1 IF YOU MAKE NO ATTEMPT TO IINFLUENCE THE DECISION EXCEPT BY DIST 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 I, P S� �� jw hereby disclose that on 19 _: (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, lured to the special gain or loss of z om-w S kv J N er— ,by whom 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: Date Filed Signa re 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 88-REV. 1/95 PAGE