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HomeMy WebLinkAbout1996-06-19 Planning and Zoning Board MinutesPr- MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING JUNE 19, 1996 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. ROLL CALL ALSO PRESENT John Etling - Present William Allen, Growth Management Dir. Victor Lohmann - Present Tim Ryan, City Attorney Anthony Stevens - Present Earl Gallop, Special Attorney Kim Daise -Absent Lou Ann Cunningham, Board Clerk APPROVAL OF MINUTES Approval of the minutes from the May 29, 1996 Planning and Zoning Board meeting. John Etling noted a correction on condition 2 on page 4 where "the petitioner maintain the landscaping along the north property line as well as the 15' alley along the western boarder." Motion made by Anthony Stevens to approve the minutes as corrected, seconded by Victor Lohmann. Motion passed on the following roll call: John Etling - yes Victor Lohmann - yes Anthony Stevens - yes 1. Review of an Ordinance relating to land development regulation; establishing a moratorium on the issuance of development permits for Broward County Correction facilities for a period of six months. Will Allen, Growth Management Director, introduced Earl Gallop, special counsel to the City of Dania on this case. The request is for a moratorium and this public hearing constitutes one of the steps necessary in the legal process to establish a moratorium. Earl Gallop gave an overview of why the request for a moratorium was being made. The City feels that it does not have very good protection with respect to the siting of correctional and penal institutions within the City of Dania. The City must insure that such institutions do not end up in areas where they are not compatible. The ordinance establishes a moratorium which will lead to the development of appropriate siting 1 Minutes Planning & Zoning Board June 19, 1996 criteria and development regulations. It was noted that Broward County has no such criteria. The moratorium was felt to be necessary due to the actions by the Wackenhut Corp., under contract with the Broward Sheriffs office, attempting to convert a motel in a business district into a correctional facility. Questions were entertained by the board. The title of the ordinance was read into the record as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA, RELATING TO LAND DEVELOPMENT REGULATION; ESTABLISHING A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT PERMITS FOR BROWARD COUNTY CORRECTION FACILITIES FOR A PERIOD OF SIX MONTHS, DIRECTING THE CITY ADMINISTRATION TO PREPARE PROPOSED AMENDMENTS TO THE CITY'$ LAND DEVELOPMENT REGULATIONS RELATING TO ZONING DISTRICTS, SITING CRITERIA AND DEVELOPMENT CONTROLS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. Vice-Chairman Victor Lohmann then opened this item to the public for comment. Hearing none and seeing none, the public hearing was closed. After discussion by the board, a motion was made by Anthony Stevens to recommend approval of the ordinance, seconded by John Etling. Motion passed on the following roll call: John Etling - yes Victor Lohmann - yes Anthony Stevens - yes 2. ZT-14-96 - A request by the City of Dania to amend the Dania Zoning Code Article 6, Section 6.63 relating to special residential facilities within various zoning districts. Will Allen described the proposed change to the code of ordinances in regards to special residential facilities. The amendment would define what a special residential facility is; provide procedures for opening such a facility; explain the density provide standards ric in which such uses are permitted and ro e S requirements; list the districts p P ent is being proposed at this time due to requests for such development. The amendment g p p q to locate such facilities in Dania. Currently, there are spe cial residential facilities in the community, and they are a permitted use within the county zoning code, which is enforced west of Ravenswood Road. Mr. Allen noted that this is consistent with the Dania Comprehensive Plan which indicates that special residential facilities should be integrated into residential neighborhoods and in some instances, into commercial and community facility areas. These facilities must be licensed by the State of Flo ida HRS, and there should be a regulation that spreads them out so that they are integrated into the community. Mr. Allen went on to explain each of the categories and the respective zonings. Mr. Allen concluded his summation stating that staff recommends approval. The board discussed items such as utilities, fire protection for conversion of an existing facility and the types of the categories listed. The board requested that Mr. Allen 2 Minutes Planning & Zoning Board June 19, 1996 research the required fire protection systems for existing homes that want to convert to special residential facilities, to ensure that they have the required fire safety devices. Mr. Allen agreed to discuss this matter with the Building Official and Fire Marshal. At this time the item was opened to the public for comment. Hearing none and seeing none Vice Chairman Lohmann closed the public hearing. Motion made by Anthony Stevens to recommend approval with the stipulation that the matter of fire safety device requirements are researched, seconded by Victor Lohmann. Motion passed on the following roll call: John Etling - yes Victor Lohmann - yes Anthony Stevens - yes 3. VA-15-96 - The request of Maxnet Communications Systems, Inc. for variances to construct a wall sign at 255 E. Dania Beach Blvd. The variances are requested from the requirements of Section 3-39, Downtown Dania Redevelopment District sign regulations as follows: a. The request for a variance from the area allowed for a wall sign as allowed in Section 3-39(b)(2)b.1. The request is for a wall sign of 124.5 sq. ft. and the area permitted is 40 sq. ft. b. The request for a variance for the height of wording or letters as allowed in Section 3-39(b)(2)c. The height of wording shall not exceed 24 inches in height per this section. The request is for letters with a height of 42 inches. c. The request for a variance for the location of the sign as allowed in Section 3-39(b)(2)e. This section indicates wall signs shall be located only between the first floor and the second floor window. The proposed sign is located between the area of the roof line and the second story windows. Property is legally described as: Dania Country Club Estates Plat book 32, Page 23, Lots 1 through 11, 12 less W 14 Blk 1. Will Allen addressed the board concerning this item. Mr. Allen noted for the board that section 3-30 of Article 3 of the city code, which is under the heading of advertising, indicates that variances from the sign code are reviewed in the same manner as zoning variances. Mr. Allen described the 3 variance requests petitioner before the board this evening being the overall area of the sign, the size of the lettering and the location of the lettering on the wall. Mr. Allen distributed photographs for the boards review and gave a brief description of each. Mr. Allen described the previous use as the Citibank building, which is still occupying the eastern portion of the building. Mr. Allen described the letters as being 42" individual letters for "MAXNET" and "Communication Systems" would 3 Minutes Planning & Zoning Board June 19, 1996 be 20" individual letters. The present downtown sign code limits the letters to 24", and that the sign should only be above the first floor window and the request is to place the sign above the second floor windows. At this time Mr. Allen noted for the board that the present sign code is being reviewed by staff and recommendations will be forthcoming after input from the business people and public. Mr. Allen described that the proportionality of a sign to the size of the building will be one of the criteria addressed. Mr. Allen also commented on the boundaries of the downtown sign district not being consistent with the zonings. The petitioner is stating that their sign is only 4% of the building elevation, and utilizes individual letters. (Mr. Allen commented that in the up coming revised sign code, a bonus would be given for using individual letters as opposed to a block sign.) At this time Mr. Allen introduced the petitioner to present his request for variances from the sign code. Mr. Alan Blaustein, CEO for Maxnet Communication Systems addressed the board and gave a brief description of his company and the services they provide. Sharon Capella, Marketing Manager for Maxnet addressed the board with their concerns for their business. She stated the reasons for the larger sign being that they would like to portray to their customers a large presence. She stated that are upcoming plans to expand throughout the entire building, so she feels a small sign would not be suitable for the area they would be growing into. Ms. Capella stated that the building would be a "showcase" for when the large companies come to the area to view the network control center, and feel the larger sign would add a positive aesthetic to the building. Ms. Capella also stated hardship reasons for the sign variance as being the issue of visibility due to the heavy amount of landscaping surrounding the building. Ms. Capella further stated that the current sign used by Citibank will be taking down their sign on the marquee (pole sign), and that they have no intention on replacing the pole sign so the signage will be less. Mr. Blaustein stated that their intention is that the proposed sign will be the only sign on the building and once they take over the entire building the only change might be to move it so as to center it on the building and not to add additional signage. Mr. Allen remarked that if this building was occupied by several tenants, they would all have the right to signage on this building. This issue was then brought back to the board for discussion. Discussion regarding the size of the sign, statutes of limitations on variances granted to tenants and criteria for granting the variance. Further discussion entailed on whether the criteria to show a hardship have been met. Mr. Allen interjected with some of the concepts of the sign code, stating that the current sign code is not a fair code as it relates to the proportion of the buildings in this district, it needs to be addressed and is in need of a change. Mr. Allen reminded the board that this particular petition is for one business that is occupying the entire building and is requesting one sign, as opposed to the option of this building being occupied by several tenants all being allowed 4 Minutes Planning & Zoning Board June 19, 1996 I individual signage on the building. He further stated that this site is located at the very edge of the downtown signage district. At this time Vice-Chairman Lohmann opened this item for public comment. Hearing none and seeing none this petition was brought back to the board for discussion. Motion made by Anthony Stevens to recommend approval of VA-15- 96, seconded by Victor Lohmann with the stipulation that no other signage be placed on the building. After some further discussion the motion was changed to state the condition that 1) the existing pole sign come down; 2) no additional signage be placed on the southern face of the building along Dania Beach Blvd.. Further comment by John Etling opposing the size of the sign and other board members relating to other options. The motion stated with the conditions that 1) the existing pole sign come down; 2) no additional signage be placed on the southern face of the building along Dania Beach Blvd., passed on the following roll call: - Victor Lohmann - es John Etling no y Anthony Stevens - yes Meeting adjourned 5 Minutes Planning & Zoning Board June 19, 1996