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HomeMy WebLinkAbout2010-04-21 Planning and Zoning Board MinutesLocal Planning Agency / Planning and Zoning Board Meetings 3 MINUTES April 21, 2010 MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, April 21, 2010 7:01 PM Vice-Chairman Timothy Pribisco called the regular meeting of the Planning and Zoning Board to order. ROLL CALL Lottye Crooms Excused Thomas Ansbro, City Attorney Derrick Hankerson Present Bob Daniels, Director Community Development George Jason Present Corinne Lajoie, City Principal Planner Timothy Pribisco Present Kristin Dion, Planner Angeline Flowers Excused Motion made by Derrick Hankerson to excuse Lottye Crooms and Angeline Flowers, seconded by George Jason. Motion passed unanimously. I. MINUTES Approval of March 17, 2010 Local Planning Agency Minutes Approval of March 17, 2010 Regular Minutes Planning and Zoning Board Motion made by Derrick Hankerson seconded by George Jason to approve the minutes of the March 17, 2010 Local Planning Agency and the Regular Planning and Zoning Board minutes. Motion passed unanimously. II. PLANNING AND ZONING BOARD ITEMS (COMMISSION) 1) The applicant Camp Dresser and Mckee, Inc. (CDM), Consultants, on behalf of the City of Dania Beach is requesting the following variance and site plan approvals relating to the proposed construction of a nanofiltration water processing plant located at 1201 Stirling Road, Dania Beach: VA-09-10 – Request for a variance for to provide no irrigation system associated with a site plan request (City of Dania Beach Code of Ordinances, Chapter 26 Landscaping, Article IV Vegetation requires the installation of an automatic irrigation system with 100% overlap.) Local Planning Agency / Planning and Zoning Board Meetings 4 MINUTES April 21, 2010 SP-08-10 – Site plan request for the proposed construction of a new 6,000 square foot water processing plant to be located at the City’s existing water treatment facility. Corinne Lajoie, Principal Planner with the Community Development Department addressed the board describing the proposed requests for the construction of water processing nano-filtration plant at the City’s existing water treatment facility located at the south west corner of Stirling Road and SW 12 Avenue. She indicated that the new water treatment facility will be located where the existing garage building is today. Corinne described the variance request to provide no irrigation system on the property to enable the project to qualify for LEED certification. She further indicated that the City’s Landscape Consultant has worked with the project’s Landscape Architect to select plant material that is drought resistant and native to the region, therefore requiring less water and insuring survivability of the material. Ms. Lajoie described the site plan stating that the new water processing plant will have the same color scheme as the SW Community Center and that the color of the building, window casings, and roof will be the same, providing uniformity on the property. She further stated that the applicant is proposing two (2) alternatives for the north perimeter of the property and that both alternatives are being proposed to allow city staff the option to choose the preferred alternative at a later date. Ms. Lajoie indicated that “Alternative one” is to maintain existing hedge material and existing chain link fence and that “Alternative two” is to construct 6’ concrete wall and plant a new hedge. She indicated that both alternatives are located north of the property line on FDOT right-of-way and that the construction of a new concrete wall at the proposed location would require obtaining a permit from FDOT prior to issuance of a building permit. Corinne Lajoie concluded her presentation, stating that the site plan was reviewed by the Fire Marshal, Public Services, the City’s landscape consultant and the Planning Division, with the only remaining comment from the Fire Marshal requiring knox box application to be provided at time of permit, and that staff is recommending approval of both the variance and site plan provided the variance is granted and that the applicant address staff’s comment prior to issuance of a building permit. Board member Derrick Hankerson questioned the fence and the best proposed security alternative. Ms. Lajoie indicated that security is provided equally with both fence alternatives. Vice-Chairman Timothy Pribisco opened the item for public comment, Local Planning Agency / Planning and Zoning Board Meetings 5 MINUTES April 21, 2010 Joe Van Eron 1500 SW 2nd Avenue addressed the board commenting on the landscaping and buffering. Corinne Lajoie addressed the landscaping and the space limitation with the site due to the physical structures proposed. Derrick Hankerson commented that the tanks nearest the property line may have room for additional setback, and questioned whether this would require additional maintenance. Tim O’Neil with Camp Dresser and Mckee indicated that the wall could be setback six feet to the east, there are storm water considerations however the technology is there to provide for the setback. Dominic Orlando addressed the board indicating that there is a 10 foot FPL right of way along the property line so there would be the availability to build there and would not meet the storm water drainage permit requirements, If the wall is set back it could be done at about 18 inches. hearing no one and seeing no one further, the item was closed. Motion was made by Derrick Hankerson to approve variance VA-09-10 and SP-08-10 with conditions recommended by staff, seconded by George Jason. Motion passed on the following roll call: Derrick Hankerson – Yes George Jason – Yes Timothy Pribisco – Yes 2) RZ-13-10 – The City of Dania Beach is requesting a rezoning of property from residential (RD-8000) to Residential Office (RO) generally located on Sheridan Street between SE 2 Avenue and Dixie Highway and on Stirling Road between Federal Highway and Dixie Highway. Corinne Lajoie, Principal Planner with the Community Development Department addressed the board describing the proposed request to rezone properties from Residential (RD-8000) to Residential Office (RO). Ms. Lajoie described the locations for the proposed rezoning as west of Federal Highway to Dixie Highway on the north side of Sheridan Street and the second area as west of Federal Highway to Dixie Highway on the south side of Stirling Road. Ms. Lajoie stated that the CRA Redevelopment Plan, adopted by the CRA and City Commission on March 11, 2009, identifies these locations for home office use on its concept plan. Derrick Hankerson questioned if the area would include the alley between SW 15th Street and Sheridan Street. Ms. Lajoie responded that the area only includes the properties south of the alley and north of Sheridan Street. Ms. Lajoie explained that the Residential Office (RO) zoning district was created to permit small-scale, low-intensity professional offices on properties Local Planning Agency / Planning and Zoning Board Meetings 6 MINUTES April 21, 2010 located adjacent to trafficways as designated on the Broward County Trafficway Plan. She further stated that this may include parcels which were originally designed and used as single-family homes but which over a period of time, due to changes in traffic patterns, road widening and related noise, no longer lend themselves to be retained as single-family homes. Ms. Lajoie confirmed that it is the intent of the RO zoning district that the rehabilitation or new construction of these offices occur in a manner that maintains the residential character of the residential neighborhood it is adjacent to and achieves a compatible architectural relationship with the adjacent residential districts. Corinne Church concluded her presentation stating that staff is recommending approval of this request. Board member George Jason questioned whether the existing residential properties will remain. Ms. Lajoie indicated that the existing single family homes would remain and could be sold as either a home or office. Vice- Chairman Timothy Pribisco verified that there would be no burden to the existing homeowners. Vice-Chairman Timothy Pribisco opened the item for public comment, Joe Van Eron addressed the board 1500 SW 2nd Avenue representing as a Dania Beach homeowner, business owner and President of the Triangle Village Civic Association, distributed copies of correspondence and data relating to the proposed Sheridan Street road widening. Mr. Van Eron gave a brief history of the proposed Sheridan Street road widening and conversations he has had with residents in the neighborhood. Mr. Van Eron questioned the legality of Residential Office when combined with the potential Sheridan Street widening and that when purchasing property they must construct side by side and that no access will come through the residential neighborhood. Robert Daniels, Director, Community Development Department addressed the board thanking Mr. Van Eron for coming into City Hall the past week and briefing him on the history relating to the proposed Sheridan Street road widening. Mr. Daniels indicated that during meetings with Mr. Van Eron some of these questions were address. He further indicated that after consulting with the City Attorney, the issues with FDOT and eminent domain have been researched. Corinne Lajoie indicated that if you take an existing home and convert it into an office then you would need two properties to accommodate for parking however if you have a vacant lot or a lot with a building which is to be demolished then you would only need one lot due to the fact that you could design the area for the office and parking. Mr. Daniels explained the implementation strategy and exploration needed to move forward with this proposal. Teddy Bohanan 302-312 SW 15th Street spoke but was not sure whether the rezoning would help keep the area clean. Local Planning Agency / Planning and Zoning Board Meetings 7 MINUTES April 21, 2010 Leroy Green 326 SW 16th Street concurred with Teddy Bohanan he was not in favor of the rezoning. Michael Garamon 42-48 SW 16th Street spoke in favor of the rezoning request feels the change will enhance the area and the property owners will not have the problems on Sheridan they do now. Mr. Garamon indicated that he had spoke to staff at FDOT and that this area was pushed to 70th on the list of road widening properties. Teddy Bohanan 302-312 spoke rebutting Mr. Garamons statement regarding the Sheridan Street widening and the blight along Sheridan Street. Board member Derrick Hankerson reiterated the proposal regarding the rezoning and made a motion to approve the rezoning. Board member George Jason seconded the motion to approve the rezoning request, commenting that this rezoning is a move in the right direction and will increase the value of the properties. Vice-Chairman Timothy Pribisco commented on the comments heard tonight stating that the Planning and Zoning Board does not address conditions and maintenance of properties dealing with Code Compliance issues. He stated that the issue tonight is to implement the plan outlined in the CRA plan. Faye Palmer 214 SW 2 Terrace addressed the board speaking against the rezoning on Stirling Road feeling that the people will lose their homes. Vice-Chairman Pribisco asked staff if the rezoning of these properties would require anyone to be displaced from their homes, Corinne Lajoie indicated that no one would be asked to move. Board member Derrick Hankerson asked if home occupations would still be allowed. City Attorney Ansbro answered that home occupations would still be allowed. Faye Palmer 214 SW 2 Terrace spoke about insufficient parking on the lots spoke against rezoning. Nai Jen Wu 121 Stirling Road addressed the board spoke I favor of the approval, and if it’s changed to office can he have both uses operating in the building. Corinne confirmed it either has to be all office or all residential however a home occupation business can be used in a residential use. Board member Derrick Hankerson asked what type of zoning would be allowed for mixed use. Corinne Lajoie stated mixed uses are allowed in the TOD and TOC zoning districts. hearing no one and seeing no one further, the item was closed. Local Planning Agency / Planning and Zoning Board Meetings 8 MINUTES April 21, 2010 Derrick Hankerson restated the motion to approve the request for rezoning, seconded by George Jason. Motion passed on the following roll call: Derrick Hankerson – Yes George Jason – Yes Timothy Pribisco – Yes Mr. Jason clarified for the public that the proposed rezoning will not change the current allowed use of these properties, but will give the properties a greater value. 3) VA-14-10 – The applicant Walgreen Co. is requesting a variance for the sale of alcohol less than 1,000 feet from a school for property located at 501 East Sheridan Street. (City of Dania Beach Code of Ordinances Chapter 28 Zoning Article 4.201. Proximity of beverage establishments to churches, schools requires a 1,000 foot distance separation.) Kristin Dion, City Planner, addressed the board to describe the request for a variance to allow alcohol sales by Walgreen Co, 991 feet from a school. Ms. Dion described the surrounding zoning and land use and the proximity to Publix and Poncho’s Restaurant that both sell beer and wine. Dwayne Dickerson Attorney with Ruden McClosky addressed the board to clarify the hours of operation are until 10:00 pm. At this time the Vice-Chairman opened the item for public comment: Corinna Pinzon, 1318 SE 5th Court spoke against the request for alcohol sales due to experienced disturbance by patrons of the Hotel and Walgreens. Ms. Pinzon submitted a list of neighbors to the board that are also against the proposed application. Dwayne Dickerson addressed the comments made by Ms. Pinzon, indicating that less than 1% of the shelf space of Walgreens would be used for beer and wine sales and that the retail has great mechanisms in place that ensure beer and wine sales are made in accordance with all underage drinking laws and are very heavily regulated. Mr. Dickerson submitted a floor plan for the store showing where the beer and wine sales would be located. Vice-Chairman Pribisco questioned Attorney Dickerson about the incident of criminal activity associated with the beer and wine sales in the area. Mr. Dickerson stated that there has been no nexus between beer and wine sales and criminal activity. Shirley Newbury 1315 SE 5 Ct., requested statistics from Police Departments showing no relation between alcohol sales and crime. Spoke against the request. Local Planning Agency / Planning and Zoning Board Meetings 9 MINUTES April 21, 2010 Vice-Chairman Pribisco stated that the request is not for liquor sales, but it is for beer and wine sales to be located on the shelf similar to Publix. Ms. Pinzon clarified that the crime statistics are for all of Dania Beach. Dwayne Dickerson responded to the discussion relating to crime speaking to the responsiveness of Walgreen Managers and issues relating to negative neighborhood impacts. Teddy Bohanan addressed the board speaking against the variance request for beer and wine sales. Derrick Hankerson questioned the applicant regarding the hardship Walgreen Co is experiencing. Mr. Dickerson stated that during the slow economic time, customers are requesting the product and Walgreen feels that the hardship is in order to keep competitive. Mr. Dickerson also stated that Walgreen Co does not wish to be treated differently than Publix and Ponchos’ Restaurant that are clearly closer to the school than Walgreens. Katherine Wilshire, 1346 SE 5 Ct. spoke against the request, stating that Publix has 24 hour security and that there is none at Walgreens. Arlene Faucet 1315 SE 5 Ct., spoke against the request, stating that Publix has security. Questions to the City Attorney regarding whether a hardship by Walgreen Co has been established and whether precedence has been set by Publix and other businesses. City Attorney Ansbro indicated that normally hardship criteria is focused on property limitations, and that the alcohol distance separation does not fit the criteria for a hardship due to the proximity to the school. Attorney Ansbro stated that previous approvals would have no bearing on the request. Vice- Chairman Pribisco questioned if the School was notified. Attorney Ansbro stated that courtesy notices could be sent to properties within 1,000 feet prior to the May 11, 2010 City Commission Meeting. George Jason commented on the problem with the hotel and that the City Attorney Ansbro stated that BSO has policy that signs can be posted at establishments to remove persons committing illegal activities, loitering or trespassing, acting as agents of the establishment. In addition he stated that any loitering or drinking along the linear park would be dealt with through the municipal ordinance process. Further discussion by the board relating to the local code of ordinances dealing with criminal activities, loitering or trespassing. The board asked if proper notice has been posted. Kristin Dion, City Planner indicated that notice has been properly delivered. Local Planning Agency / Planning and Zoning Board Meetings 10 MINUTES April 21, 2010 Motion made by George Jason to deny the request for variance, seconded by Derrick Hankerson. Motion passed on the following roll call: Derrick Hankerson – Yes George Jason – Yes Timothy Pribisco – Yes 4) The applicant Luis Ojeda, on behalf of Learn and Smile Pre-School is requesting landscape and parking variances for property located at 4233 Griffin Road, Dania Beach, as follows: VA-52-09 – To allow for six (6) onsite parking spaces and four (4) vehicle stacking spaces. (City of Dania Beach Code of Ordinances, Chapter 28 Zoning, Article 6.21. Off-Street Parking requires 22 parking spaces and six (6) vehicle stacking spaces.) VA-53-09 – To allow for an onsite parking area without providing vehicular use area landscaping (terminal landscape islands and five (5) foot perimeter buffer). (City of Dania Beach Code of Ordinances, Chapter 26 Landscaping, Article IV Vegetation, Section 26-48 requires vehicular use area landscaping when there is a structural addition which increases the total gross floor area of any existing building on the property more than 500 square feet.) Kristin Dion, City Planner addressed the board describing the zoning and conditions to the board. Ms. Dion described the request to allow for 6 onsite parking spaces and 4 vehicle stacking spaces, stating that the Dania Beach Code requires 22 parking spaces and 6 vehicle stacking spaces. She described the second variance for an onsite parking area without providing vehicular use area landscaping (terminal landscape islands and 5 foot perimeter buffer), stating that the Dania Beach code requires vehicular use area landscaping when there is a structural addition which increases the total gross floor area of any existing building on the property more than five hundred (500) square feet. Ms. Dion concluded stating that staff recommends approval provided the applicant obtains a permit and installs a sign that meets the Dania Beach code regulations. The board discussed whether variances were obtained previously to open the school Batia Dayan addressed the board indicating that the school has been located there for over 15 years and that she has owned the school for the past five years. Local Planning Agency / Planning and Zoning Board Meetings 11 MINUTES April 21, 2010 Vice-Chairman Pribisco opened the item for public comment. Hearing none and seeing none, the item was closed. After discussion by the board a motion was made by Derrick Hankerson, seconded by George Jason to approve the variance requests with conditions by staff. The motion passed unanimously. 5) Director’s Report Community Development Director Robert Daniels gave a brief update on the Water Supply Plan and Broward County’s position with the airport 60 DNL line restrictions. End of Agenda