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HomeMy WebLinkAbout2007-05-16 Planning & Zoning Advisory Board Minutes f 5/16/2007 6:56:04 PM MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD REGULAR MEETING Commission Chambers Wednesday,May 16,2007 ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO.01-93.REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON,CITY CLERK,100 W.DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3622,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A.PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE.IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B.IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. Chairman Fetcher announced that the meeting will begin at approximately 7:10 pm. ADMINISTER OATH Lou Ann Cunningham, Board Clerk administered the oath of office to Angeline Flowers as a member of the Planning and Zoning Advisory Board. ROLL CALL Edward Bourgeois Excused Laurence Leeds,AICP,Director Community Development Lottye Crooms Excused Corinne Lajoie,AICP,Principal Planner Angeline Flowers Present Louis Mercado,Planner Patrick Schilling Present Thomas Ansbro,City Attorney Paul Fetscher Present Lou Ann Cunningham,Board Clerk Motion was made by Patrick Schilling, seconded by Angeline Flowers to excuse Edward Bourgeois and Lottye Crooms. Motion passed unanimously. PLANNING AND ZONING BOARD ITEMS 1) Tara Klein with the firm Craven Thompson and Associates, representing Bob Leonard and the Broward County Board of County Commissioners is requesting the following approvals for property located at 4261 Ravenswood Road for the following: RZ-69-06 — Rezoning request from Commercial (C-2) to Industrial Research Office Marine (IROM). SE-70-06 — Special Exception request to allow a water or sanitary sewer treatment facility. Planning and Zoning Advisory Board Meeting 1 May I6,2007 MINUTES SP-68-06— Site plan approval for the proposed construction of a 1,900 square foot pump station. Tara Klien with Craven Thompson and Associates 3563 NW 53rd Street Ft. Lauderdale, addressed the board representing the applicant Broward County Office of Environmental Services describing the request for rezoning, special exception and site plan to allow water resources to be located on the property. Laurence Leeds, AICP, Director Community Development, described the location and characteristics of the subject property. He stated that the property is currently zoned C-2 which does not permit water or sanitary sewer treatment facilities and that these uses are permitted in the IROM zoning district as a special exception use. Mr. Leeds indicated that the request to rezone the property to IROM is compatible with the area and consistent with the city's comprehensive plan. Mr. Leeds indicated that the applicant is proposing to construct a 1,900 sq. ft. sewage/waste water pump station. He stated that the project was reviewed by the Planning.Division, Public Services, Fire Marshal and City Landscape Consultant and that all of staffs comments must be addressed prior to scheduling before the City Commission. Mr. Leeds stated that the rezoning request is consistent with the comprehensive plan and as such, staff is recommending approval. Mr. Leeds further indicated that staff is recommending approval of both the special exception and site plan, subject to the site plan being limited to a 2,000 square foot enclosed wastewater pump station. Mr. Leeds discussed the need for building elevations and replacement of the louvers with windows that face Ravenswood Road, which Ms. Kline responded by providing elevations for the board. Mr. Leeds asked for revisions to the elevations to be presented to the City Commission, showing more detail to the proposed louvered windows. Ms. Kline indicated that the windows would be open because of the generator located inside the building, and the building would be vented through the louvers. The board asked about the open windows and the noise. Bob Cole with Craven Thompson and Associates indicated that the generator runs on electric motors and the noise would be minimal; in addition there is a homeland security issue because of the use being a wastewater pump station and the ability for someone to break into the building. Mr. Leeds indicated to the applicant that they should be prepared to answer questions relating to the necessity of the louvered windows, a more detailed description and the frequency of the generator running ning along with decibel measurements. Mr. Leeds concluded stating that staff is recommending the following: 1) Approval of the rezoning request as it is consistent with the City Comprehensive Plan; 2) Approval of the special exception request, subject to revising the elevations showing a detailed description of the louvered windows and subject to the site plan being limited to a 2,000 square foot enclosed wastewater pump station. Planning and Zoning Advisory Board Meeting 2 MINUTES May 16,2007 3) Approval of the site plan provided the applicant addresses all of staff comments prior to issuance of a building permit. Mr. Leeds indicated that the following are the remaining outstanding comments that must be addressed prior to this project being heard by the City Commission. 1. Please provide a PDF format copy of Sheets C-1, C-2, A-1 and A-3 to Sean Brown (Fire Marshal). 2. Show correct F. F. elevations on all drawings (Public Services). Ms. Kline indicated that she is familiar with the conditions and is in the process of following up with the Fire Marshal and Public Services Director. Chairman Fetcher opened the item for public comment, hearing no one or seeing nd one the public hearing was closed. Board Discussion regarding the eight foot chain link fence with barbed wire, Corinne Lajoie, AICP, Principal indicated that barbed wire is permitted in the IROM zoning district. Mr. Leeds indicated that once the elevations are revised,to forward them to Ms. Lajoie so that the Commissioners can view them prior to the Commission meeting. Hearing no further discussion a motion was made by Patrick Schilling, seconded by Angeline Flowers to recommend approval of the rezoning, special exception and site plan requests with the condition that all of staffs comments are addressed prior to the City Commission meeting and subject to revision of the elevations showing a detailed description of the louvered windows and with the site plan limited to a 2,000 square foot enclosed wastewater pump station. Motion passed on the following roll call: Angeline Flowers — yes Patrick Schilling — yes Paul Fetscher — yes 2) TX-19-07 -Donald Hall, Attorney, with the firm Gunster Yoakley, representing MarineMax Motor Yachts, LLC., R.O. Powell and J. S. Powell, Jr., Derecktor of Florida and Palm Beach Polo Holdings, Inc., is requesting approval of amendments to the I-G (Industrial General) zoning district. The above businesses are located at: 490 Taylor Lane—MarineMax Motor Yachts, LLC. 760 Taylor Lane—J. S.Powell, Jr. &R. O. Powell 775 Taylor Lane—Derecktor Gunnell,Inc. d/b/a Derecktor of Florida f/k/a Robert D.Derecktor& Company. 750 NE Seventh Avenue—Palm Beach Polo Holdings,Inc. Attorney Heidi Davis with the firm Gunster Yoakley et al. addressed the board representing the applicants. Ms. Davis described the request for the proposed text amendments to the IG zoning district. Ms. Davis described the location of the boat yards, indicated that they have Planning and Zoning Advisory Board Meeting 3 May 16,2007 MINUTES been operating since the 1960's, and gave a brief summation of the economic contributions of these businesses to the community. She described the proposed text amendment and need to change the language in the current zoning to fit the activities of the applicants. Ms. Davis commented on staff s revisions as follows: (a) The ordinance contains no limit on the number of steel cargo containers. Based on Code Compliance Division on-site observation, staff is recommends no more than 25-30 containers for each applicant. In the alternative, the applicant could add language regulating container number based on the usable land area for each site. Ms. Davis is requesting a maximum of 50 containers meeting with a 25 foot setback from Canal and 35 foot setback from Taylor lane. (b) Delete all reference to stevedores, cargo, and construction. This ordinance is not intended to allow shipping and transport businesses. Ms.;.Davis requests that all references to stevedores, cargo and construction not be deleted.. Ms. Davis indicated that there are some marine cargo and barge operations on the properties in business for over 40 years. She referenced lease agreements going back to 1968 showing how the property has been leased to different marine, cargo and construction. She referenced an occupational license issued 1978-79 listing the use as barge terminal, and stating that the terminal use is for docking of barges and tugs and storage of construction equipment and material. Ms. Davis suggested adding the word "marine" in front of the words "cargo" and"construction". (c) The ordinance does not provide a rear yard (canal) setback for steel storage containers (Staff recommends 25 feet canal and 35 street yard setback). Ms. Davis indicated the applicants agree with staff s changes. (d) Delete reference to paved and unpaved surfaces; that is addressed in another section of the code. Ms. Davis stated that the parking areas for some of the boatyards are made of stabilized crush rock and feels that there needs to be a provision to allow the existing parking to exist. (e) Delete reference to "heavy construction company" or "construction company"; does not relate to marine activities (Outdoor storage for non-marine related businesses are prohibited by Section 27.40 (q) of the IG District). Ms. Davis indicated that they would like to leave in the reference, deleting the words "heavy" and "construction" and replace them with the word"marine". Ms. Davis introduced owners of each marine business to give a brief history of their businesses. Mac McLaughlin CFO, of Broward Marine tenant of Palm Beach Holdings addressed the board to describe the history,business activities and reason for the text amendment request. Galloway Selby Project Manager with Dereketor Shipyard addressed the board and described the history,business activities and reason for the text amendment request. Steve Powell representing JS Powell Brothers Barge Terminal and Playboy Marine addressed the board and described the history, business activities and reason for the text amendment request. Planning and Zoning Advisory Board Meeting 4 MINUTES May 16,2007 • Laurence Leeds, AICP, Director Community Development requested information about the property taxes outlined in the presentation and the portion of the property tax that went to the City of Dania Beach. Ms. Davis indicated the tax would depend on the mileage rate for Dania Beach, approximately 1/3 of the total, possibly $200,000 per year. He asked that Ms. Davis research this information for the Commission hearing. Mr. Leeds described the location of the subject properties. Mr. Leeds indicated that approximately eight months ago, the Code Compliance division inspected all of the marine properties abutting NE 7th Avenue, east of US 1 and north of Dania Cut-Off Canal. He stated that Code Compliance along with other safety agencies, found numerous building and safety violations at various businesses in this area. He further stated that while most building/safety violations have been corrected, the marine businesses are still operating in a technical violation of the current zoning code. Mr. Leeds stated that it was the opinion of the City Attorney that businesses must either comply with the current IG zoning or the IG zoning should be amended to allow operations historically conducted on the property.. Mr. Leeds indicated that the ordinance submitted by the applicant was reviewed by staff and that staff is recommending (a) That no more than 30 containers for each site; (b) Delete all reference to stevedores, cargo or construction. Mr. Leeds stated that the ordinance before the board is not intended to allow shipping and transportation businesses and that the language in the ordinance referencing cargo and stevedores would allow a shipping enterprise similar to G & G Marine. Mr. Leeds indicated that this was not the intent of the ordinance and the intent was for the property to be used for other marine related business. (c) The ordinance does not provide for a rear yard setback for the steel storage containers and staff will modify it to 25 feet canal and 35 feet street yard and Mr. Leeds stated that staff has discussed modifying this to 25 feet for the canal and 25 feet for the street yard with the applicant, however there can be no more than 30 containers for each development site. (d) Delete reference to paved and unpaved surfaces; that is addressed in another section of the code. Mr. Leeds indicated that the parking issue must be discussed with the Public Services Director because of drainage issues. (e) Delete reference to "heavy construction company" or "construction company"; does not relate to marine activities (Outdoor storage for non-marine related businesses are prohibited by Section 27.40 (q) of the IG District). Mr. Leeds indicated that the city does not have a record of any of the documentation presented by the applicant relating to leases at the sites. The occupational licenses for Powell Brothers, dated 1/12/1979 the occupation is contractor stating the use is "the terminal is used for docking of barges and tugs and storage of construction equipment and material". He further stated that staff does not see a problem using the property as presented to the city, however the language in the application does not support a transport company (stevedores and cargo) and staff could not support this type of change to the code. No objection to the docking of barges, tugs and storage of equipment but there is a problem with allowing another transport company in the Port Laudania area. Planning and Zoning Advisory Board Meeting 5 May 16,2007 MINUTES Mr. Leeds concluded stating that staff is recommending approval of the ordinance as revised by staff. Ms. Davis responded indicating that the applicants have no problem limiting it to marine related uses and referenced approval for G & G shipping and container stacking. Mr. Leeds responded indicating that the language suggested would allow the same operation as G & G and the only difference is that the containers would not be stacked and would be limited to 30 containers (staff) 50 containers (applicant). Mr. Leeds explained that the problem is that the revised language would allow each boat building/marine enterprise to engage in the same operation as G & G Shipping which was not the intent of the ordinance. He concluded stating that the city is not aware of any shipping or transport operations being conducted now for deliver in other locations and if the ordinance is approved as submitted by the applicant, the door would be opened to every business to operate a transport company. Chairman Fetcher opened the item for public comment. Hearing no one or seeing no one, the public hearing was closed. Hearing no further discussion a motion was made by Patrick Schilling to recommend approval of the ordinance with the following conditions: a) limit the number of containers to 50; (modified from staffs recommendation); b) delete all reference to stevedores, cargo or construction(as recommended by staff); c) setbacks of 25 foot for canal and street(modified from staffs recommendation); d) delete reference to paved and unpaved surfaces (as recommended by staff); e) delete reference to "heavy construction company" or "construction company" (as recommended by staff); Seconded by Angeline Flowers. Motion passed on the following roll call: Angeline Flowers — yes Patrick Schilling — yes Paul Fetscher — no 3) VA-21-07 — Variance request by applicant Robert Spiece for a property located at 105 SW 1st Court, Dania Beach to maintain pavers in the swale area for automobile parking 38 feet wide. (Chapter 28, Zoning, Article 6.21. Off-Street Parking states that maximum width allowed is 15 feet). Laurence Leeds, AICP, Director Community Development described the location and surrounding conditions of the site. He indicated that Mr. Robert Spiece, the owner of the duplex property,would like to maintain pavers in the swale area for automobile parking. Mr. Leeds further indicated that the applicant cites a hardship based on the configuration of the lot (50 feet wide by 105 feet deep) and that it does not have alley access or on-site parking. Mr. Leeds confirmed that the small duplex building is a legal existing/non- conforming use and that Mr. Spiece has made substantial improvements to the site. He further stated that the application is technically not a zoning issue but an engineering issue Planning and Zoning Advisory Board Meeting 6 MINUTES May 16,2007 dealing with pervious area in the swale. The application was reviewed by the City Public Works Director and he has recommended denial of the request based on policy. Robert Spiece, 4641 SW 74 Terrace, Davie�' addressed the board with what has transpired at the site with the error in submittal of the permit application, the change of inspectors and what was required along with the problems trying to configure parking spaces at the site. Mr. Leeds followed up with zoning's viewpoint on the issue and clarified that there isn't an available parking area for this site and that that the best course of action is to meet with the Public Services Director. Consensus by the board is that Mr. Spiece �'should be anted time to address and work out a solution with the Public Services Director.. Mr. Spiece indicated he was scheduled for major surgery and he would be unavailable for the next 2 months. The board took Mr. •Spiece's concerns into consideration. Chairman Fetscher passed the gavel in order to make a motion. Vice-Chairman Schilling opened the item for public comment. Hearing no one or seeing no one the public hearing was closed. Hearing no further discussion and after passing the gavel, a motion was made by Paul Fetscher to continue this item for 3 months recommending that no code compliance penalty be served, to give Mr. Spiece enough time to meet and work out this issue with the Public Services Director, seconded by Angeline Flowers. Motion passed on the following roll call: Angeline Flowers — yes Patrick Schilling — yes Paul Fetscher — yes 4) SE-22-07 - Eugene Bukovi, President and property owner of Bukovi, Inc. d/b/a Fabuko, is requesting special exception approval to allow a fence manufacturing business that will include welding, assembly and light fabrication of materials at property located at 310 SW 4th Court,Dania Beach. Chairman Fetcher announced for the record that Mr. Bukovi's wife was once an employee at the school in which he is employed as the Principal. Mr. Eugene Bukovi 310 SW 4 h Court addressed the board describing his request. He indicated that the Fire Marshall came in to do an inspection, upon noticing that they did not have a city occupational license. Mr. Bukovi stated that when he applied for the license he was told that he needed a special exception approval to perform light fabrication and light welding at his business. Laurence Leeds, AICP, Director Community Development, addressed the board describing the proposed special exception request. He indicated that the adjacent buildings along 4 Court are zoned (IR) Industrial Restricted which limits the use of the property to storage use and warehousing. Mr. Leeds confirmed that there are other assembly uses in this area. Planning and Zoning Advisory Board Meeting 7 May 16,2007 MINUTES Mr. Leeds stated that the Planning and Zoning Board must make a recommendation based on comments from the surrounding public and determine if the use will have any detrimental impacts such as noise, fumes, odor, and traffic on the surrounding properties. Board discussion regarding the amount of noise that would be generated from the business, times of operation and other businesses in the area operating with a similar use. Mr. Bukovi indicated that his business would operate from 8:00 am to 5:00 pm. He further stated that there would be no storage or operations conducted outside. Chairman Fetcher opened the item for public comment. Hearing no one or seeing no one the public hearing was closed. :Hearing no. further discussion, a motion was made by Angeline Flowers to recommend approval of the request with the condition that no storage of materials and that no operations are to be conducted outside of the building, seconded by Patrick Schilling. Motion passed on the following roll call: Angeline Flowers — yes Patrick Schilling —yes Paul Fetscher — yes 5) VA-23-07—Request by owner/applicant Harry Anthony Rolle, HAR Properties Corporation, for vacant property located at 377 Phippen Waiters Road, for a variance to allow the following: 1. Construction of a new single family home on a lot with a 45 foot wide lot. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 50 feet.) 2. Construction of a new single family home on a 4,500 square foot lot. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 6,000 square feet.) 3. Construction of a new single family home with 7 foot side yards. (Chapter 28, Zoning, Article 5, Supplementary Lot Regulations, Section 5.10 Lot Regulations require 7.5 feet side yard setbacks.) Mr. Leeds indicated that it is requested that this item be continued to the next Planning and Zoning Board meeting on June 20, 2007, so that the applicant can revise his plan. Mr. Harry Anthony Rolle addressed the board giving an update of the progress being made with his request. Mr. Leeds indicated that he may need additional variances and suggested that Mr. Rolle speak with the Public Services Director regarding the issue with his swale area. Hearing no further discussion, a motion was made by Patrick Schilling seconded by Angeline Flowers to recommend the item be continued until the June 20, 2007 Regular Planning and Zoning Board meeting. Planning and Zoning Advisory Board Meeting 8 MINUTES May 16,2007 Angeline Flowers — yes Patrick Schilling — yes Paul Fetscher — yes 6) VA-25-07 — Variance request by applicant Mark Kieser, Landscape Architect with Craven Thompson & Associates representing Stephen St. Clair property owner of "Dania Beach p of an existing eight ( ) barb wire on to g � Outdoor Stora e", to allow the installation of 12 of b P O g foot fence and wall. Property is located at 375 allow a maxvimum 6'ania Beach.wal or fenc(Chapter 28, Zoning,Article 5.36 Walls,Fences and Hedges Mark Kieser with Craven Thompson & Associates addressed the board describing the variance request and giving a brief history of the sit e. . ' Rick Stone President/Gen eral Manager of South Flor ida Auto Terminal, 1171 SW 108 Terrace, Davie Florida, addressed the board regarding the use of the site and the requirement of barbed wire on the fence at the site and the requirements by US Customs. Corinne Lajoie,AICP,Principal Planner addressed the board describing the area of the site as being located under the FPL powerline a o and south ovemberC23,p2004nthecle Citylding located Commission on Old Griffin Road. She state conditionally approved the site plan and variance for a paved outdoor storage area with a surrounding 8' wall on the west and south property line and an 8' fence along the north and east property lines. Ms_ Lajoie stated that the applicant is requesting three (u3r)ren ands�rooflu�ding�Property and equaling 12 inches, on top of the existing 8 foot wall and fence y that the applicant indicates the tenant, South Florida Auto Terminal, has been granted Foreign Trade Zone status which requires additional security of outside storage. The applicant indicates that the U.S. Border Protection requires the installation of the additional three (3) strands of barbed wire, thereby necessitating the variance. Staff has requested the applicant provide documentation of same to the Planning and Zoning Board. Ms. Lajoie concluded stating that recommendation is at the discretion of the Planning and Zoning Board. Ms. Lajoie confirmed that there has been no documentation submitted by the applicant relating to the site being permitted to have barbed wire. The board asked the applicant to obtain documentation stating that barbed wire is necessary for the site to be used as a "Foreign Trade Zone Site". City Attomey Ansbro concurred that Mr. Stone will need to obtain a letter on Customs stationary indicating that the barbed wire is necessary for the operation of this use. Chairman Fetcher opened the item for public comment. Patty Hart,NE Dania Beach addressed the board in support of the request. Planning and Zoning Advisory Board Meeting 9 May 16,2007 MINUTES Mr. Leeds questioned the type of vehicles being stored at the site. Mr. Stone described that cars would be brought in, stored and transported to various locations in the area. He further stated that they would be brought in on trucks and transported out on five car carrier trucks. Mr. Leeds indicated that the applicant will need to become familiar with the use conditions placed on the property. Hearing no one or seeing no one further,the public hearing was closed. Hearing no further discussion, motion was made by Patrick Schilling to approve with the condition that a letter be submitted regarding the necessity of the barbed.wire, seconded by Angeline Flowers. Motion passed on the following roll call: Angeline Flowers — yes Patrick Schilling yes Paul Fetscher — yes 7) Zoning code change pertaining to the Regulation of Houses of Worship and Home Based Assembly Uses. The City Attorney described recent legislations regarding assembly uses and the need to "clean up"the current city code to meet the recent regulations. Chairman Fetcher opened the item for public comment. Hearing no one or seeing no one the public hearing was closed. Hearing no further discussion, motion was made by Patrick Schilling seconded by Angeline Flowers to recommend approval of the zoning code change regarding houses of worship and home based assembly uses. Motion passed on the following roll call: Angeline Flowers — yes Patrick Schilling — yes Paul Fetscher — yes Meeting adjourned 8:52 pm. Planning and Zoning Advisory Board Meeting 10 MINUTES May 16,2007