HomeMy WebLinkAbout2008-05-21 Planning & Zoning Advisory Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD
REGULAR MEETING
Commission Chambers
Wednesday,May 21, 2008
7:00 PM
ROLL CALL
Edward Bourgeois Present Corinne Lajoie,AICP,Principal Planner
Lottye Crooms Excused Kristin Dion,City Planner
Angeline Flowers Present Lou Ann Cunningham,Board Clerk
Patrick Schilling Excused Thomas Ansbro,City Attorney
Paul Fetscher . Present
Motion made by Edward Bourgeois to excuse Patrick Schilling and Lottye Crooms, seconded by
Angeline Flowers. Motion passed unanimously.
1) Request by Pedro Garcia, owner for property located generally located at the southwest
corner of Griffin Road and Ravenswood Road (Anglers Avenue), Dania Beach for the
following:
a) VA-55-07 - Variance request to allow:
1. To allow the rear setback to be 11'3"; (Chapter 28, Zoning, Article 4.20 Schedule of Lot Yard and
Bulk Regulations requires a 19'6"setback in a C-2 Zoning District).
2. To allow 10 foot clearance for proposed canopies; (Chapter 28, Zoning Article 6.64. Principal
arterial commercial design standards overlay requires a 14 foot clearance for canopies).
3. To allow 18% pervious area. (Chapter 33, Zoning Appendix, Article 3 Impervious land area
requirements, Section 33-45(5)requires a 25%pervious area).
b) SP-86-06 - Site plan request SP-86-06 for the proposed construction of a 174,000 square foot
shopping center.
Corinne Lajoie, Acting Community Development Director addressed the board describing the
site plan and variance requests for the proposed construction of a shopping center located on
Griffin Road and Anglers Avenue.
Ms. Lajoie indicated that the site plan was reviewed by the Fire Marshal, Public Services, the
City's landscape consultant and the Planning Division and that the following items must be
addressed by the applicant:
1. Must provide recorded copy of plat prior to issuance of a building permit (Planning
Division).
2. Applicant must obtain a tree removal permit prior to commencing site work. Specimen
removal fee of $55,410 and canopy replacement fee of $11,070 must be paid prior to
issuance of a tree removal permit (Landscape Consultant).
Planning and Zoning Advisory Board Meeting 1
AGENDA May 21,2008
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3. Water flow required is 2,500 gpm; existing water supply is 616 gpm. Water supply must
be addressed. Per submitted calculations, the largest building requires 2,500 gpm.
According to flow test submitted,the water supply is only 616 gpm(Fire Marshal).
Ms. Lajoie concluded her presentation indicating that staff is recommending the following:
1. Approval of the pervious area variances provided the Public Services Director supports
the request.
2. Approval of the setback and canopy variances.
3. Approval of the site plan provided the variance requests are approved and that all of
staffs' comments are addressed.
Chairman Fetscher opened the item for public comment,hearing no one and seeing no one the
public hearing was closed.
Pedro Garcia addressed the board indicating that plans have been submitted to the Building
Department and as soon as Commission approves the project he is ready to begin the permitting
process.
After further discussion, a motion was made by Angeline Flowers to recommend approval of
variance VA-55-07 and site plan SP-86-06 provided that the applicant obtains approval for the
pervious area variances from the Public Services Director and meets staffs comments, seconded
by Edward Bourgeois. Motion to approve passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
2) Request by Scott Backman, Esquire, representing property owner Peter J. Leto and
Cambria Suites, for property generally located approximately 600 feet North of Stirling
Road on SW 19th Avenue and approximately 530 feet West of Interstate 95, in the City of
Dania Beach.
a) LUF-78-07 — Request to allow the construction of a hotel on property with an Industrial
Land Use Designation with the assignment of 2.34 acres of Commercial Flex acreage.
(Chapter 28, Zoning Article 30.20(z)Industrial Research Office Marine, Permitted Uses states that Hotel and
motels containing one hundred(100) or more rooms are subject to the provisions of the City of Dania Beach
Future Land Use Element and the Broward County Land Use Plan.)
b) VA-02-08 — Variance request, to allow one (1) loading berth on the site. (Chapter 28, Zoning,
Article 6.22 Off-Street Loading requires 4 Berths).
c) SP-77-07 — Request for the proposed construction of a five (5) story, 120-room Cambria
Suites Hotel.
Corinne Lajoie, Acting Community Development Director addressed the board describing the
site plan, land use flex and variance requests for the proposed construction of a hotel located on
Stirling Road and SW 19th Avenue.
Planning and Zoning Advisory Board Meeting 2
AGENDA May 21,2008
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Ms. Lajoie indicated that the site plan was reviewed by the Fire Marshal, Public Services, the
City's landscape consultant and the Planning Division and that the following items must be
addressed by the applicant:
1. One wall sign permitted per street frontage. Therefore, a total of 1 sign is permitted facing
SW 19 Court (east);proposed sign is shown as facing south. Revise accordingly or request
a variance. Variances require an application and submittal of a written statement addressing
the 6 variance criteria. 4`h time requested (Planning).
2. A tree removal permit will be required prior to commencing site work. Prior to issuance of
a tree removal permit the applicant must pay a bond in the amount of$1,890 for canopy
replacement trees(Landscape Consultant).
3. Provide a hydrant flow test to be witnessed by the Fire Prevention Bureau to determine
adequate water supply. This must be scheduled through the Fire Prevention Bureau
(954)924-3656. Required For Site Plan Approval (Fire Marshal).
4. Provide clearances of 7'6" in front of and to'the sides of the fire hydrant; with'a '4'
clearance to the rear of any hydrant 'or fire protection appliances. The note on the F:D:
Hydrant detail (Sheet WS) confirms 7'6" clearances to the side of the hydrants but the
distances do not scale out on the plan next to parking spaced. Please correct (Fire
Marshal).
5. There is a discrepancy between sheets Al/WS and Sheets A2/A3/A4 with the north
directional indicator. Please correct(Fire Marshal).
6. The FDC is currently shown on the sought main, (Sheet SW). This line must be attached to
the sprinkler supply line going into the building ahead of any valves (no valves between the
FDC and the building) (Fire Marshal).
7. Provide an additional FDC at the NW corner of the building(Sheet WS) (Fire Marshal).
8. Provide an updated copy of the complete site plan with all corrections made on CD-ROM
in PDF format (Fire Marshal).
Ms. Lajoie concluded her presentation indicating that staff is recommending approval of the
Land Use Flex and Variance requests and approval of the Site Plan provided that the Variance
and Flex applications are approved and the applicant addresses staff comments prior to
scheduling this item for the City Commission agenda.
Scott Backman, Esquire, 5355 Town Center Road Boca Raton representing the applicant
addressed the board with a presentation of the proposed project. Mr. Backman stated that all but
one or two comments have been addressed with staff.
Chairman Fetscher opened the item for public comment,hearing no one and seeing no one
further, the public hearing was closed.
After further discussion, a motion was made by Edward Bourgeois to recommend approval of
the request for Land Use Flex LUF-78-07, Variance VA-02-08 and site plan SP-77-07, with the
condition that all of staffs comments be met, seconded by Angeline Flowers. Motion to approve
passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
Planning and Zoning Advisory Board Meeting 3
AGENDA May 21,2008
3) Request by Debbie M. Orshefsky, Esquire with the firm Greenberg Traurig representing
Bayard Spector, President of Atlantic Village Marina for property located at 1541 Griffin
Road,Dania Beach for the following:
a) SE-38-08—Special exception requests to allow:
1) Hotel use within a Commercial (C-3)Zoning District.
2) Marina use within a Commercial (C-3)Zoning District.
(Chapter 28, Zoning, Article 4.20 Schedule of Use Regulations permits Hotels and Marinas in a
C-3 zoning district upon Commission approval of a special exception use).
b) VA-05-08- Variance to allow a building height of:
1) 12-stories/157 feet for an office building
2) 12-stories/130' for the hotel/condominium building
(Chapter 28, Zoning,Article 4.20 Schedule of Lot Lard and Bulk Regulations permits a maximum
height of 3-stories/40 feet in a C-3 Zoning District).
c) VA-06=08 Variance to allow a loading 'zone with 1'l feet 4 inch clearance; (Cliupter' 2�,
Zoning Article 6.22 Off-Street Loading requires a 14 foot clearance).
d) VA-07-08 - Variance to allow 18 loading spaces; code requires 23. (Chapter 28, Zoning, Article
6.22 Off-Street Loading requires 23 berths).
e) VA-10-08 - Variance to allow 965 parking spaces; (Chapter 28, Zoning Article 6.21 Off Street
Parking requires 1,488 spaces).
f) SP-68-03 - Site plan request to allow the proposed construction of a 419 room hotel, 130,000
square foot office building and a 74-slip marina, generally located at 1514 Griffin Road, in
the City of Dania Beach.
Corinne Lajoie, Acting Community Development Director addressed the board describing the
site plan, special exception and variance requests for the proposed construction of a hotel, office
and marina located on 1514 Griffin Road. Ms. Lajoie indicated for the record that on March 13,
1985 the City Commission approved a variance to allow a hotel/office to be 110 feet tall.
Ms. Lajoie indicated that the site plan was reviewed by the Fire Marshal, Public Services, the
City's landscape consultant and the Planning Division and that the following items must be
addressed by the applicant:
1. City attorney to provide memo approving airport over-flight language to be included in
hotel/condominium document, including language acknowledging current & proposed
over-flights as per recent County Commission decision to modify & lengthen south
runway. Condominium documents reflecting said language to be submitted for review
prior to issuance of building permits.
2. Applicant's attorney shall provide hotel/condominium document language restricting
"maximum" owner occupancy and rental periods (60 — 90 day recommended). This
information is necessary to determine compliance with Comprehensive Plan hotel/condo
requirements. Condominium document reflecting said language to be submitted for
review prior to issuance of building permits.
Planning and Zoning Advisory Board Meeting 4
AGENDA May 21,2008
3. Applicant must obtain a tree removal permit prior to commencing site work. Applicant
must pay a mitigation fee of$38,000 and a bond amount of$6,750 prior to site clearing
(Landscape Consultant).
4. Prior to the issuance of a building permit for the office building, the developer will be
required to submit a traffic stud to determine the traffic impacts associated with the
q Y development of the office building. This study shall be performed utilizing the same
methodology as that performed in the original traffic study submitted for this site entitled
"Le Meridien (Village Marina) Dania Beach, Fl, prepared by Kimley-Horn and
Associates, Inc. dated October 2003. In the event the traffic study for the office building
reveals that the office building's traffic impacts will cause significantly impacted roadway
segments to operate at an unacceptable level of service, the developer will be required to
propose and implement mitigation measures acceptable to the City's Public Services
Director. A "significantly impacted roadway segment" shall be defined as that for which
the roadway segment's existing .capacity will be exceeded by 1% or more. An
"unacceptable level of service" shall be defined as that which either drops below the
Level of Service established by the applicable comprehensive plan or which is lower than
the existing level of service and delay.
5. Provide approval from Broward County traffic Engineer. In addition, as a condition of
approval, on the site plan the project entrance should show the necessary intersection
improvements that "physically" restrict the prohibited left-turn movements at old Griffin
Road/project driveway, such as a channelized raised concrete island (Engineering
Consultant).
6. Comments made by the Fire Marshal must be addressed prior to issuance of a building
permit(Fire Marshal).
Ms. Lajoie concluded her presentation indicating that staff is recommending approval of the
special exception and variance requests and approval of the site plan provided that the variance
and special exception applications are approved and the applicant addresses staff comments prior
to scheduling this item for the City Commission agenda.
Debbie M. Orshefsky, Esquire with the firm Greenberg Traurig representing Bayard Spector
owner of the project, addressed the board indicating that the project should start immediately
after Commission gives approval. Ms. Orshefsky addressed the clearance concern regarding the
walkway across the canal.
Chairman Fetscher opened the item for public comment, hearing no one and seeing no one,the
public hearing was closed.
Chairman Fetscher stressed the need for the economic boost this type of project will bring. Ms.
Orshefsky stated that the project timeline is approximately 24 months to complete.
After further discussion, a motion was made by Edward Bourgeois to recommend approval of
the request for Special Exception 5E-38-08, Variances VA-05-08, VA-06-08, VA-07-08 and
VA-10-08 and site plan SP-68-03 with the condition that all of staffs comments are addressed,
seconded by Angeline Flowers. Motion to approve passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
Planning and Zoning Advisory Board Meeting 5
AGENDA May 21,2008
4) Request by Luis Jurado, P.E. on behalf of the owner Dania Beach Scrap Metals LLC,
property generally located on the vacant lot east of 177 Phippen Road, Dania Beach,
Florida,for the following:
a) SE-26-08 — A special exception request to allow the construction of a supplemental parking
area in an RM (Multifamily Residential) zoning district. (Chapter 28, Zoning,Article 4.20 Schedule
of Use Regulations permits Supplemental Parking in a RM (Multifamily Residential) zoning district upon
Commission approval of a special exception use).
b) VA-27-08-Variance request to allow:
1) The construction of a proposed parking area without a landscape buffer; (Chapter 26
Vegetation, Article IV Landscaping, Section 26-51 "Perimeter landscape requirements for business,
commercial and industrial properties"requires a 5 foot buffer.)
2) To allow for a terminal island that is 8'feet wide and 17 feet_ long; (Chapter 26 Vegetation,
Article IV Landscaping, Section 26-48 "Interior Landscaping=for all vehicular use areas"requires that all
terminal landscape peninsulas are IO feet�wide and l8 feet long):
Kristin Dion, City Planer, addressed the board describing the special exception and variance
requests to construct a proposed parking area east of the Dania Beach Scrap Metals Site (177
Phippen Road) on SW 5th Court.
Ms. Dion indicated that he City Code allows for supplemental parking within the RM zoning
district with Special Exception approval. She further indicated that the applicant is proposing six
parking spaces with one way drive access, from S.W. 5th Court and that the proposed parking
area provides 32.8 percent pervious area. Ms. Dion stated that the proposed parking lot provides
the required 12 foot wide driveway, 18 foot long parking stall, and 10 foot landscape buffer on
the north side of the property, and therefore cannot accommodate the 5 foot required buffer on
the south side or the full 10 by 18 foot terminal island that is required by Code.
Ms. Dion concluded her presentation indicating that staff is leaving recommendation of the
request to the discretion of the Planning and Zoning Board.
Mr. Luis Jurado,P.E. on behalf of the owner Dania Beach Scrap Metals, LLC., 4026 Peppertree
Drive Weston Florida was available to answer any question by the board.
Angeline Flowers questioned the impact the traffic from the scrap metal business would have on
the surrounding residents.
Corinne Lajoie, AICP, Principal Planner, addressed the board giving a brief history of a previous
application to build a single family home on the site that the Commission denied, indicating that
the preferred use on this narrow lot would be a use such as parking.
Mr. Jurado addressed the board explaining the proposed traffic pattern and that it would deter
movement through the neighborhood.
Chairman Fetscher opened the item for public comment:
Patty Hart of Dania Beach addressed the board stating that the scrap metal store had previously
dumped scrap on that site. Ms. Hart indicated that she would only support this proposal if there
would be no truck parking and that the site would be landscaped.
Planning and Zoning Advisory Board Meeting 6
AGENDA May 21,2008
Mr. Jurado responded to the publics concern stating that the parking area would be for employee
parking only and that dumping will not occur. He further stated that the new owners have owned
the site since 2001 and will meet as much of the city code as the lot allows as to landscaping
installation.
Chairman Fetscher indicated that the buffer issue was a problem and that he would have a hard
time supporting it.
Mr. Jurado indicated that any further landscaping would make it impossible to circulate within
the parking lot.
Corinne Lajoie addressed the board indicating alternatives using grassed easements to provide
additional buffer area.
Damon Slachter 1911 NW 88 Terrace owner of Dania Beach'Scrap Metals addressed 4he board
providing details of improvements made to the property-since.they:purchased the site in 2001.
He indicated that he has cleaned up the site substantially and feels a parking lot would be an
improvement to the site and would deter dumping on the vacant lot.
Mr. Jurado discussed with Ms. Hart regarding the proposed plans and landscaping
improvements.
Jimmy Crimminger 237 SW 15'h Street commended Mr. Slachter on his efforts on cleaning up
the site. He did have a concern with the buffering, and asked for clarification of the proposed
buffering.
Mr. Jurado clarified the proposed landscaping for Mr. Crimminger and the board.
Hearing no one and seeing no one further the public hearing was closed.
After further discussion, a motion was made by Edward Bourgeois to recommend approval of
the request for Special Exception SE-26-08 and Variance VA-27-08, seconded by Angeline
Flowers. Motion to approve passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — no
Paul Fetscher — yes
5) Request by Patrick Utter property owner, representing Shenanigans East Side LLC, for
property located at 1300 South Federal Highway,Dania Beach for the following:
a) VA-35-08—Variance request to allow:
1) To allow a sign to be located 20 feet from the intersection of two streets; (Chapter 28,
Zoning Article 28.180 Principal arterial commercial design standards overlay requires signs to be set back
30 feet from the intersection of any two(2)street lines).
2) To provide no wall or fence adjacent to residential; (Chapter 26 Vegetation, Article IV
Landscaping, Section 26-50 "Landscape requirements for areas separating business, commercial and
industrial property from residential property"requires a six-foot masonry wall or solid wooden fence five
(5)feet off of the residentially zoned or used property).
Planning and Zoning Advisory Board Meeting 7
AGENDA May 21,2008
3) To allow the sale of alcohol 700 feet from a school; (Chapter 28 Zoning,Article 4.201.Proximity
of beverage establishments to churches and schools requires a 1,000 foot separation).
b) SE-37-08 - Special exception request to allow live entertainment in the TOC-2 zoning
district. (Chapter 28 Zoning, Article 21 "Downtown Transit Oriented Development (TOD) and Transit
Oriented Corridor (TOC)Districts";Section 21.18 Use Table, states that a special exception application must
be made for restaurants,full-service bars and lounges wishing to have live entertainment.)
c) Special Condition Use - To approve proposed outdoor furnishings. (Chapter 28 Zoning, Article
21 "Downtown Transit Oriented Development(TOD) and Transit Oriented Corridor(TOC)Districts";Section
21.18 Use Table,states that a special condition use must be approved by the City Commission)
Corinne Lajoie, Acting Community Development Director addressed the board describing the
special exception, variance, and special condition use requests for the proposed. Shenanigans
Restaurant located at 1300 South Federal Highway.
Ms. Lajoie concluded her presentation indicating that staff is recommending approval of the
Variances, Landscape Buffer and TOD/TOC Design, leaving recommendation of the special
Exception request to the discretion of the Planning and Zoning Board.
Patrick Utter 1144 Van Buren Street, Hollywood, owner of both the Pizza Hut (Shenanigans)
property and the Charlie's Barbeque property. Mr. Utter explained for the board FDOT's
proposal to close the driveway between the two properties and his proposed improvements for
the site which includes landscaping, outdoor seating and general improvement of the site.
Edward Bourgeois questioned the landscaping proposed for the site and the outdoor seating. Mr.
Utter described the proposed landscaping, lighting and repaving at the site also showing on the
aerial the proposed location for the outdoor seating.
Chairman Fetscher opened the item for public comment:
Roland Faith landlord for property on SW 14th Street was concerned about the live entertainment
and was concerned about the drinking sessions.
Jimmy Crimminger 237 SW 15`h Street commended the applicant on his efforts and looks
forward to seeing active public walking into the neighborhood. He is concerned about the lack
of fence or wall.
John Bartley 201 SE 2nd Avenue, addressed the board indicating that there is an existing fence on
the property and feels that locating a wall in front of the fence would be a detriment to the site.
Hearing no one and seeing no one further,the public hearing was closed.
The board discussed the issue with the fence and the creation of an alleyway for illegal activity
and concurred that the variance request is appropriate.
After further discussion, a motion was made by Edward Bourgeois to recommend approval of
the request for Special Exception SE-37-08, Variance request VA-35-08 and the Special
Planning and Zoning Advisory Board Meeting 8
AGENDA May 21,2008
Condition Use seconded by Angeline Flowers. Motion to approve passed on the following roll
call:
Chairman Fetshcer wanted assurance from the applicant, that any issues with the proposed use
will be handled amicably with the city. Mr. Utter agreed that his business will operate in
complete harmony with the residents and the City of Dania Beach. Motion to approve passed on
the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
6) VC-18-08—Request by the Dania Beach City Commission for a vacation of a roadway easement
on SW Park Street located between SW 3rd Avenue and SW 1st Avenue,just south of the Dania
Beach Administrative Building 100 West Dania Beach Boulevard.
Corinne Lajoie, Acting Community Development Director addressed the board describing the
vacation request to vacate the SW Park Street right-of-way south of the City of Dania-Beach
Administration Center. Ms. Lajoie indicated that Comcast, Bellsouth/ATT, Teco Peoples Gas
and Florida Power and Light all have utilities located within this right-of-way and that the Public
Services Director indicates that the cost to relocate these utilities will be included in the proposed
library budget. Ms. Lajoie concluded that staff is recommending approval of this request.
Chairman Fetscher opened the item for public comment
Steve Casper 35 SW lst Avenue addressed the board commenting on the absence of curbs and he
would like to see curbs installed at the site. He indicated that the lot will become a parking lot,
breaking up sidewalks until curbs are installed.
Jimmy Crimminger addressed the board indicating that some type of deterrent to parking on the
sidewalk needs to be looked at.
Hearing no one and seeing no one further, the public hearing was closed.
After further discussion, a motion was made by Angeline Flowers to recommend approval of the
request for Vacation of the SW Park Street Right-of-Way VC-18-08, seconded by Edward
Bourgeois. Motion to approve passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
7) Text Amendment Requests by the Dania Beach City Commission:
a) TX-33-08 — Request by the Dania Beach City Commission to amend the setback
requirements in the Downtown Transit Oriented Development (TOD) and Transit Oriented
Corridor(TOC)Districts.
Planning and Zoning Advisory Board Meeting 9
AGENDA May 21,2008
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City Attorney Thomas Ansbro addressed the board to describe the proposed text amendment.
Mr. Ansbro indicated that he been working with the Fire Marshal toward amending the setback
requirements to the code to ensure sufficient fire rescue vehicle access to buildings.
Chairman Fetscher opened the item for public comment,hearing no one and seeing no one the
public hearing was closed.
After further discussion, a motion was made by Angeline Flowers to recommend approval of the
text amendment to the TOD/TOC Districts, seconded by Edward Bourgeois. Motion to approve
passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
b) TX-34-08—Request by the Dania Beach City Commission to amend the recreational,vehicle
i' regulations permitted in the City'Code.
City Attorney Thomas Ansbro addressed the board to describe the proposed text amendment.
Mr. Ansbro indicated that this change was precipitated by Commissioner Flury as clarification to
the code stating that currently the code is allowing for multiple recreational vehicles.
Chairman Fetscher opened the item for public comment,hearing no one and seeing no one the
public hearing was closed.
After further discussion, a motion was made by Edward Bourgeois to recommend approval of
the text amendment to amend the recreational vehicle regulations, seconded by Angeline
Flowers. Motion to approve passed on the following roll call:
Edward Bourgeois — yes Angeline Flowers — yes
Paul Fetscher — yes
ADJOURN
Planning and Zoning Advisory Board Meeting 10
AGENDA May 21,2008