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HomeMy WebLinkAboutR-2003-257 VA-43-03 FOREST VIEW RESOLUTION NO. 2003-257 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY DANIEL SAWICKI, STIRLING, LLC., A FLORIDA LIMITED LIABILITY COMPANY (FOREST VIEW), FROM THE BROWARD COUNTY ZONING CODE, SECTION 39-81 AND SECTION 39-281; FOR PROPERTY GENERALLY LOCATED EAST OF SW 35T" TERRACE AND WEST OF SW 35T" AVENUE ALONG STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Broward County Zoning Code, Section 39-281, sets the minimum plot size for residential development for annexed lands within the City of Dania Beach; and WHEREAS,the Broward County Zoning Code, Section 39-81, sets the general landscaping requirements for annexed lands within the City of Dania Beach; and WHEREAS, Daniel Sawicki, Stirling, LLC,a Florida Limited Liability Company has applied for a variance (VA-43-03) to allow the following: 1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277 sq. ft.); (Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot). 2) Allow construction of an 8 foot wall at the front of the development(6 foot high wall allowed per Broward County Zoning Code, Section 39-81(b) (1). 3) Allow a 4 foot landscape buffer along the west-side property line [5 feet required, Broward County Zoning Codes, Section 39-81(b) (1)]. 4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft. permitted). for property generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling Road, Dania Beach; and WHEREAS, the Planning &Zoning Board on August 20, 2003, recommended that the City Commission grant variance request VA-43-03 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-43-03, for a variance as described above (from requirements in the Broward County Zoning Code Section 39-281 and 39-81), a copy of which is attached as Exhibit "A" is approved, subject to the following conditions: (1) Identify the internal clear garage space (18'X 18') in the Homeowners'Association documents for purposes of disclosure. (2) Minimum water main size supplying hydrants must be 8"with a 6"tap(Fire Marshal). (3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire Marshal). (4) Provide type"D"curbing on both sides of the private street or other suitable materials approved by the Public Services Director to protect the vegetation. (5) Final plat to be recorded prior to issuance of any building permits and site plan to be 1 RESOLUTION NO. 2003-257 consistent with plat. (6) The Homeowners Association documents shall reflect that back yards shall be used for drainage. (7) Applicant shall erect no parking signs (fire lane), if requested by the Fire Marshal, along the private road. (8) Removal of temporary construction sign prior to issuance of the last Certificate of Occupancy. Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 12T" DAY NOVEMBER, 2003. 15�6113'ANTON MAYOR —CO ISSIONER ATTEST: ROLL CALL: COMMISSIONER CHUNN -YES } COMMISSIONER FLURY-YES COMMISSIONER MIKES - NO CHARLENE JOHN9.,ON VICE-MAYOR MCELYEA - NO CITY CLERK MAYOR ANTON -YES APPROVED AS TO AR R AND CORRECTNESS: By: � - I I THOMAS)X'AN8BFW0 CITY ATTORNEY 2 RESOLUTION NO. 2003-257 ® City of Dania Beach, FloridaGrowth Management Mana ent f MAY 2 1 Planning and Zoning Division 2003 (934)924-3 Development AppIlcatlon _ r Variance _.. .. _ _. .. . ® Special Exception Date Reed: 13 Site Plan 13 Rezoning Petid an No.: -0 3 ® Land Use Change ® Assignment of Flex/Reseme Unite ® Vacation Request This application must be completed in full and submitted along with all necessary documents for it to be Processed. THIS APPUCANT WILL NOT Be PLACED ON A BOARD OR CONNESMONS AGENDA UPML IT IS COMPLETE. Refer to the°Application Type"and"Required Documentation"checklist to determine the supplemental documents required with each application. STAFF. WILL PROVIDE THE APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. Ali required exhibits must be collated in individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the State of Florida, and other appropriate design pf0fesslonals. The applicant of record or their authorized legal agent shall present projects to the pertinent board. For after the fact applications,the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of the applicant or their authorized legal agent must be present at all meetings.r application. Once placed on an agenda, Location Address: AAreeI 504231 of o4O1a Vacwn' /ph /04A ca -'r!198 Rot .., &OS vdsve 4"4y ca LLKs):_� Block: 3 Subdivision:__ sfib770 , 3e-se Recorded Plat Name: I�"SJTE57' UigW ,577 65 Folio Number(s)• Legal a;-AffA $r V2 OP MACr I(N4 LarI 8ioac.3, ao soct.av A, 7t7eVA/�@t�g�$09M�4Raf si;4ecaaal a 70T8� 1 �r Rt RccoC- ' .M /a�r dact 4 r P4 � ram'7u f a a�v4jxeAs oOL aiAWi-3040d% Present Zoning:Rl-S Prat Land Use: y_Y Explanation of Request: Prop. Net Acreage: 2-4096 Gross Acreage:_,_____Prop.Square Footage: /0 9 9 719 Value of Improvement: 5 /00 000 - Est'd Date of Completion: 's.dbaso Will Project be Phased:._jf� If yes, Est'd Completion of each Phase: A4211.w ffvgA*y a row ram, Existing Use: VAcANr Proposed Use: UN" P4a4iL-r Name o Appikan Consultant/Representathre(cam one): .bAarEL. s.4wicA; 577��i�! Lie Address of Applicant: 2645 NE 20*4 sfree° So fir /®/ 4yeo llurq R Fl- 331r® Business Telephone. 305 -6922232Home: Fax <3os, ,692- 7geso Wdolod s1uia3 . ` l Name of Property Owner. S4, r Af APPu cgNT Address of Property Owner: Business Telephone: Home: Fax: List any additional action(i.e. special exception,variance, rezoning, etc.)that may be needed to support the proposed project: V AR I A#C F SELF ArIAC-V" yAC,-- )-X List all previous action that has occurred on this property: S 1?E PLAN 4 PP8a vAL f p— �r .4PWoV, 4. NOTE: ALL SIGNATURES MUST BE HOTERIBED BY ORDERED OF DANIA BEACH CITY COMMISSION. Sworn to and subscribed before me Appikant/Consulta e This day of _20 0 3 pre5en tive: Signature: paw; T /? 03 r .TANIEL SAwi cic, 5Wg LI N 6 Lt c Sign Name of Notary Public (Print Name) State of(fLaRr pA ) ALr-'R.C,Da C IJ-ZA Le-R. 26.gS N6 2ol* Smarr Print Name of Notary dvrry /Q MIWMAA,PL Street Address,City,State and Zip Code �r�4, r 33IYo �mmisslon � 612-2232 rox 13!0 692® 796® my CWw"M Cass M Telephone No. &Fax No. �►o Eupigm A+guat 26,2004 WHEN PUMONER YS NOT THE OWNER OF THE SUBJECT PROPERTY, P E COMPLETE THE FOLLOWING: This Is to certify that I am the owner of subject lands described above and that I have authorized (Applkmnt/Consubnt/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of__20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. mnanuer aynaiovsKi,AIA•Jorge Gutierrez,AIA•Merrill Romanik,AIA•Carlos V.Gonzalezit•Pamela KraX,AIA•Nikolay Ryaboy Petition No: Project: SP-37-03 Forest View Estates Variance rep= 1. Addressing the minimum lot size requirement: The property is to be divided into 12 lots of varying sizes along with a common area that is to belong to the homeowner's association. This common area provides vehicular and pedestrian access to each lot as well as guest parking spaces, utilities, and additional landscaped areas. The sizes of the lots have been set by the outline of the private access road. In order to disturb as few trees as possible, the road curves around existing landscape. The curved road also provides a more aesthetically pleasing project and discourages speeding when compared to a straight road. Although the common area could be divided up among the lots, it is preferable to keep it as a separate entity since the elements in it are shared. For instance the guest parking(which is required to satisfy the parking requirements)does not belong to any one particular lot and as such it should be located in a shared,common area. In order to accomplish all of this some of the lot areas fall slightly below the 6,000 square foot requirement. However, if 1/12th of the common area were added to even the smallest lot(lot 5), it would total 7,797 square feet, well above the ® minimum. Therefore, the petitioner requests that the minimum lot size be reduced to 5,282 square feet(plus a portion of the common area). Listed below are the proposed areas of each lot. Lot 1: 9,929 sq. ft Lot 2: 5,864 sq. ft. Lot 3: 6,420 sq. ft. Lot 4: 5,964 sq. ft. Lot 5: 5,282 sq. ft. Lot 6: 5,495 sq. ft. Lot 7: 5,553 sq. ft. Lot 8: 5,430 sq. ft. Lot 9: 5,758 sq. ft. Lot 10: 5,824 sq. ft. Lot 11: 5,582 sq. ft. Lot 12: 7,623 sq. ft. ® Forest View Estates IT, Variance Requests May 19,2003 Page 1 of 3 Architecture Planning Y Interior Design 3950 North 46th Avenue • Hollywood,R 33021 • Telephone 954.961.6806 • Facsimile 954.961.6807 ® starsosKAovskigutierrez.com Manuel bynalovskl,AIA a Jorge Gutiehc ,AIA•Merrill Romanik,AIA•Carlos V.Gonzalez;AIA•Pamela KraM,AtA•Nikolay Ryaboy 2. Addressing the size of the proposed temporary construction sign: The petitioner is requesting a temporary marketing sign that is to be composed of half graphic image and half written content. While the combined area is larger than the required eight square feet, the written portion is within this requirement. Essentially, the petitioner is requesting an additional area on which to display an attractive rendering of the project for marketing purposes. A mitigating factor for this request is that the property is located directly along Stirling Road, which is a busy street with a high speed limit. A larger sign would be easier for drivers to see without having to slow down. Therefore, the petitioner requests that the temporary sign be allowed to be 16 square feet in area. 3. Addressing the existence of an entry/monument sign: (requesting that an entry/monument sign be allowed) This is to be a gated, luxury single-family home community with a tree-lined, curvilinear access road inside. While the property has only 168 lineal feet of street frontage along Stirling Road, it is more than reasonable for a community of this size and design to have a monument sign at the.entry. A gated community without an entry sign is more difficult for the public to find and is also more difficult to sell to potential buyers. • Therefore, the petitioner requests that the entry/monument sign be allowed. 4. Addressing the maximum height of the frontage wall: The proposed community is to have a perimeter wall/ fence along three sides of the property. The side and rear walls will be below six feet in height, in conformance with the zoning code. The privacy wall along the front of the property (along Stirling Road)has been designed as a solid wall extending up to six feet with a two-foot tall decorative metal fence along the top. While the total height comes to eight feet, the portion that is above the maximum height is an open, decorative feature. The privacy of the community is important, especially along a street as public as Stirling Road, so the solid portion of the wall has been set at six feet high. It is also important for the property to be visually appealing, so a decorative element has been added to enhance the appearance of the privacy wall. Therefore, the petitioner requests that the front wall assembly be allowed to reach up to eight feet. NO • forest View Estate Variance Requests May 19,2003 Page 4 of 3 Architecture•Planning•interior Design 3950 North 46th Avenue • Holywood,FL 33021 • Telephone 954.961.6806 • facsimile 954.961.6807 • stars®synalovskigutierrez.com Manuel Synaiovski,AIA• Jorge Guti AIA•Merrill Romanik,AIA•Carlos V.Gonzalez •Pamela ICrW,AIA•Nikolay RyabW 5. Addressing the minimum five foot landscape buffer between paving and property line: The property is to have a curvilinear access road that runs from Stirling Road to the rear of the property to allow access to all twelve lots. This access road will curve around existing landscape in order to disturb as little natural vegetation as possible. There are certain specific points along the west property line where the code minimum of five feet of landscaping between paving and property line cannot be achieved without further removing or relocating additional trees. The vast majority of the landscape buffer area alongside the access road is considerably more than the five feet minimum(an average of approximately fifteen feet, up to twenty-nine feet six inches at the maximum). Therefore, the petitioner requests that the five-foot landscape buffer be reduced to four feet at certain specific points along the west-side property line. 1.- Iai Forest Yew Estates Variance Rests May 19,2003 Page 3 of3 Architecture a Planning•Interior Design 3950 North 46th Avenue 9 Holyvvood,FL 33021 • Telephone 954.961.6806 • Facsimile 954.961.6807 • stars@synalovskigutierrez.com AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: NOVEMBER 12, 2003 2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST(CONTINUE FROM 9/23/03) 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTIONS 4. SUMMARY EXPLANATION &BACKGROUND: "FOREST VIEW ESTATES" -VARIANCE REQUEST TO ALLOW THE FOLLOWING: a) To allow reduction of the minimum plot size below 6,000 sq.ft. (smallest lot is 5,277 sq.ft.); (Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot). b) To allow construction of an 8 foot wall at the front of the development; (6 foot high wail allowed per Broward County Zoning Code, Section 39-81 (b) (1). c) To allow a 4 foot landscape buffer along the west-side property line. (5 feet required, Broward County Zoning Code, Section 39-81 (b) (1). d) To allow erection of temporary construction sign 32 sq.ft. (Maximum 16 sq. ft. permitted). 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST): Staff Report Resolution Application Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Planning and Zoning Advisory Board recommended approval at their February 20,2003 regular meeting. Submitted by: Laurence G. Leeds, AICP, Director Date November 3, 2003 Community Development Department City Manager Date CITY OF DAMA REACH DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DATE: November 12, 2003 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director L• Corinne Church, AICP, Principal Planner al4Q' SUBJECT: VA-43-03 & SP-37-03: Daniel Sawicki, Stirling, LLC, a Florida Limited Liability Company (Forest View) is requesting variances and site plan approval for the construction of 12 single family homes generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling Road. VARIANCES 1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277 sq. ft.); (Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot). • 2) Allow construction of an 8 foot wall at the front of the development (6 foot high wall allowed per Broward County Zoning Code, Section 39-81(b) (1). 3) Allow a 4 foot landscape buffer along the west-side property line [5 feet required, Broward County Zoning Codes, Section 39-81(b) (1)]. 4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft. permitted). SITE PLAN Site plan for the construction of 12 single family homes. SITE PLAN ANALYSIS The subject property is currently vacant. The property is zoned RM-5 (multi-family). The Future Land Use Plan designation is "Low 5 Residential" (up to 5 dwelling units per gross acre). Based on a gross acreage of 2.6 acres, the applicant is permitted 13 dwelling units, subject to compliance with zoning requirements. 12 single family homes amounts to 4.6 dwelling units per acre. On October 28, 2003 the City Commission continued this project to allow the City Attorney ® time to determine whether a private road can be considered part of the lot area. The Department of Community Development has not yet received an opinion from the City Attorney regarding this issue. Ak The City Commission also continued this project on September 23, 2003 requesting the applicant to reduce the number of residential units to 11, reducing density to 4.23 dwelling units per acre. The applicant chose not to revise the plans as requested. The applicant still proposes 12 zero lot line dwelling units. Each unit will be provided access via a private road, which will have a gated entrance at Stirling Road. The gated entrance at Stirling Road provides two stacking spaces each for visitors and guests. The Director of Public Services (see attached e-mail dated July 31, 2003) indicates that Broward County has determined there is sufficient vehicle stacking area subject to installation of a guard rail. The zoning code requires 26 parking spaces (excluding garages). The plan shows 24 resident spaces (two per dwelling unit) plus four guest spaces, for a total of 28 spaces. Each home is designed with a garage. The proposed garage dimensions scale 18 feet by 18 feet of clear space, less than the minimum two-car garage size (20' x 20� required by the zoning code. Staff is requesting the applicant to provide the dimension of the garage space in the homeowners' associate agreement to make purchasers aware of the limited garages size. The Pubic Services Director indicates his preliminary analysis indicates the proposed site plan complies with code (see attached e-mail dated September 5, 2003). However, the grading plan suggests the rear yards will serve as a dry retention area. Future residents may expect that their back yards will be a drainage feature. Staff suggests that the HOA documents reflect that this property will be used accordingly. VARIANCE ANALYSIS 1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277 sq. ft.). The minimum plot size of nine (9) of the 12 lots are less than 6,000 square feet. The plot sizes range from 5,277 square feet to 9,718 square feet in size. While most lots are smaller than permitted, some lots are larger. The average lot size for the development exceeds 6,100 square feet. The reduced lot sizes are due to the location of the private road, which meanders across the site from south to north in an effort to preserve as many existing trees in their current location. While the minimum plot size may be achieved if the road is relocated, this may cause the removal or relocation of additional trees. Staff supports this variance in order to preserve the trees. 2) Allow construction of an 8 foot wall at the front of the development. The zoning code allows a maximum height for walls and fences to be six (6) feet in residential areas. The applicant is proposing an eight (8) foot wall at the entrance of the development where the sign is proposed for 21.5 linear feet. The wall that extends from the entrance sign will be six (6) feet with a two (2) foot decorative aluminum fence on top, making the overall height eight (8) feet. An eight foot wall is inconsistent with a fence to the west of the adjacent synagogue and a wall on the south side of Stirling Road in Hollywood. Staff will support a variance for a six (6) foot wall topped with a two (2) foot high decorative aluminum picket fence, painted black. 3) Allow a 4 foot landscape buffer along the west-side property line (adjacent to synagogue). The reduced landscape buffer results from the existing tree location and the serpentine private road. Four existing oak trees located in front of Units 3 and 4 are proposed to remain at their current location. In order to preserve these trees the private road curves to circumvent the trees resulting in a four (4) foot setback from the west property line. The applicant is proposing to plant seven (7) Sable palms in this four foot area to visually buffer the new homes from adjacent property. Staff supports this variance to allow existing trees to remain undisturbed. 4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft. permitted). The applicant has requested a temporary construction sign to be erected to advertise the sale of the proposed homes prior to and during construction. The zoning code allows a 16 square foot sign for such purpose and requires removal of the sign no later than the issuance of the certificate of occupancy. The applicant is requesting a 32 square foot temporary construction sign providing for a project description and rendering. Staff supports this sign variance provided the applicant agrees to remove the sign prior to the issuance of the last certificate of occupancy. PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION Site Plan: Approyal subject to the following: 1) Identify the internal clear garage space (18' x 18� in the homeowners' association documents for purposes of disclosure. 2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire Marshall) 3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire Marshall). 4) Provide type "D" curbing on both sides of the Private Street or other suitable materials approved by the Public Services Director to protect the vegetation. 5) Final plat to be recorded prior to issuance of any building permits and site plan to be consistent with plat. . 6) The HOA documents shall reflect that back yards shall be used for drainage. • 7) Applicant shall erect no parking signs (fire lane), if requested by the Fire-Marshall, along the private road. Variances: Approva/ subject to the following: 1) Identify the internal clear garage space (18' x 18� in the homeowners' association documents for purposes of disclosure. 2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire Marshall) 3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire Marshall). 4) Provide type "D" curbing on both sides of the Private Street or other suitable materials approved by the Public Services Director to protect the vegetation. 5) Final plat to be recorded prior to issuance of any building permits and site plan to be consistent with plat. 6) The HOA documents shall reflect that back yards shall be used for drainage. 7) Applicant shall erect no parking signs (fire lane), if requested by the Fire-Marshall, ® along the private road. 8) Removal of temporary construction sign prior to issuance of the last certificate of occupancy. CITY COMMISSION PREVIOUS ACTION On October 28, 2003 the City Commission continued this project to allow the City Attorney time to determine whether a private road can be considered part of the lot area. On September 23, 2003 the City Commission continued this project requesting the applicant to reduce the number of residential units by one. Eliminating one unit will reduce density from 4.60 units per acre to 4.23 units per acre. The applicant chose not to revise the plans as requested. X b i IV MA a r .-b .� IkNi MID ra a nt ea � �� 1 In ME st Mi .� '�k,�. � ,� � Ufa �s a-" .,k s#eE+ � ;',;,'#�� ���,..• !t 1'���R� �'*., .tu? v .s?' .� r 'Y •w. a--�`'#�Tk+a""WOO ; "<r Nim , � it s $}, ,44 f ® C ■ 5 4 '' \ r �� •a' - M. iIca Apt HOLLYWOOD � �" �€r , t 1., � 1. XKir '� �� t � '>< ;� .,y &. svus,'' .atu- sue` e k#_.. 5 �. 3r"� > 115 ��-�"> , z�„ A { s: � ^j�r '.� `si< s ,z s.�. 3 �z t "'_,r ter, s i2t > '`p �` `•, ;- "`` '.r, it. 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