HomeMy WebLinkAbout2006-11-15 Planning & Zoning Advisory Board Minutes •
_ MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
REGULAR MEETING
Commission Chambers
Wednesday,November 15,2006
7:15 P.M.
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ROLL CALL
11/15/2006 7:05:36 PM
Also Present:
Lottye Crooms -Present Laurence Leeds,AICP,Director Community Development
George Jason -Present Corinne Lajoie,AICP, Principal Planner
Patrick Schilling -Present Louis Mercado,AICP, City Planner
Timothy McLeod - Present Thomas Ansbro, City Attorney
Edward Bourgeois -Present Lou Ann Cunningham,Board Clerk
Chairman Bourgeois welcomed Timothy McLeod to the board.
PLANNING AND ZONING BOARD ITEMS
1) VA-72-06 - Request by Sam Engle, Sam Engle Associates, representing Reverend Timothy T.
Shellman, Senior Pastor of Saint Ruth Missionary Baptist Church, for a variance from the required
setback requirements to allow a minimum of a 5.5 foot front yard setback associated with the
proposed construction of an entrance canopy at located at 145 NW 51h Avenue, Dania Beach.
(Chapter 28, Zoning, Article 4 Schedule of Lot, yard and bulk regulations require$ a minimum of
25 foot front yard setback in an RD-8000 zoning district).
Corinne Lajoie, AICP, Principal Planner, addressed the board describing the requ st. Ms. Lajoie
described the existing conditions of the site, stating that staff is recommending pproval of the
request.
Chairman Bourgeois opened the item for public comment.
Lee Vickers addressed the board and spoke in favor of the variance.
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Hearing no one and seeing no one further,the public hearing was closed.
The board questioned if there were any objections to the variance. Ms. Lajoie verified that no
objections were received.
A motion was made by Lottye Crooms to recommend approval of variance VA-72-06, seconded
by Timothy McLeod. Motion passed on the following roll call:
Lottye Crooms — Yes Timothy McLeod — Yes
George Jason — Yes Patrick Schilling — Yes
Edward Bourgeois — Yes
11/15/2006 7:11:37 PM
2) VA-73-06 - Request by Lee S. Vickers for a variance to construct a six (6) foot high wall in the
front yard of property located at 112 NW 14th Way, Dania Beach. (Chapter 28, 'Zoning, Article
5.36 Walls, Fences and Hedges states that fences and walls located between the front building line
and the street right-of-way line shall not exceed four(4) feet in height).
Louis Mercado, AICP, Planner, City of Dania Beach, addressed the board describing the variance
request for a concrete wall. Mr. Mercado described the existing conditions of the site. Mr.
Mercado clarified that along NW 1st street the wall can be built to six (6) feet high, however along
NW 14th Way the height is limited to four feet. Mr. Mercado indicated that the B-oward Sheriffs
Office (BSO) is recommending denial of the six foot concrete wall based on OPTED (Crime
Prevention through Environment Design) standards. BSO is recommending modification of the
variance however, to allow a six foot metal picket fence with columns no more than 20 feet apart,
along NW 14th Way. Mr. Mercado indicated that staffs recommendation concurs with the
recommendation from BSO.
Discussion resumed between staff and the board regarding the proposed concrete wall structure,
the recommended picket fence and aesthetics at the site.
Mr. Lee Vickers addressed the board, explaining the reason for his request, distributing pictures of
the proposed wall. Mr. Vickers referred to the dumping of junk and trash on the corner of his
property, and that the wall would discourage this activity, resulting in enhancement of the area.
Mr. Vickers indicated that the wall would be set back far enough so that it would not obstruct the
view on the corner.
Laurence Leeds, AICP, Director Community Development, addressed Mr. Vickers concerns,
indicating that a metal picket fence would also prevent junk and trash from being dumped on the
site. Further discussion resumed between Mr. Vickers, Mr. Leeds and the board regarding
landscaping and various alternatives. Mr. Leeds indicated that staff has never supported a six foot
solid wall in the front yard of a residential neighborhood, as it creates a"fortress" effect.
Chairman Bourgeois opened the item for public comment.
Leslie Brown 153 NW 14 Way addressed the board with no objection to the wall as long as the
line of site for traffic approaching children in the area is not obstructed.
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Hearing no one and seeing no one further,the public hearing was closed.
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The board discussed the need to either maintain the four foot height restriction or consider BSOs
recommendation for a six foot high metal picket fence, however, Mr. Vickers chose not to
consider the picket fence option.
Motion made to recommend denial of variance VA-73-06 by Patrick Schilling, seconded by
Timothy McLeod. Motion passed to deny variance request VA-73-06 on the following roll call:
Lottye Crooms — Yes Timothy McLeod — Yes
George Jason — Yes Patrick Schilling — Yes
Edward Bourgeois — Yes
11/15/2006 7:36:45 PM
3) VA-80-06 -Request by Anthony&Bennie Mae Moultry for a variance from setback requirements
to allow:
1. 2 foot front yard setback. (Chapter 28, Zoning, Article 4 Schedule of Lot, yard and bulk
regulations require a minimum 25 foot front yard setback in a RS-6000 zoning district).
2. 2.42 foot south side yard setback. (Chapter 28, Zoning, Article 4 Schedule of Lot, yard and
bulk regulations requires a minimum of 7 foot side yard setback in a RS-6000 zoning district).
3. 56% lot coverage. (Chapter 28, Zoning, Article 4 Schedule of Lot, yard and bulk regulations
allow a maximum 40% lot coverage in a RS-6000 zoning district; 48% building lot coverage
currently provided on site).
The request is associated with the proposed construction of two (2) carports at a single family
home located at 220 SW 1 lth Avenue,Dania Beach.
Louis Mercado, AICP, Planner, City of Dania Beach, addressed the board describing the variance
requests. Mr. Mercado described the existing conditions of the site and reasons for the request.
Mr. Mercado closed indicating staff is recommending against the request.
Anthony and Bennie Mae Moultry addressed the board indicating the reason for the granting of
the variance request, citing improvement to his home as well as the neighborhood.
Chairman Bourgeois opened the item for public comment.
Charles Williams 712 SW 2°a Terrace addressed the board speaking in favor of the request, based
on the quality of improvements made to the property, neighborhood and community.
Hearing no one and seeing no one the public hearing was closed.
The board discussed the request suggesting that a canvas carport would be more feasible than a
permanent carport structure. Mr. Leeds addressed the suggestion indicating th t he could not
make a favorable recommendation for either type of structure as per the code. Mr. eeds indicated
that there were no opposing letters regarding the request. Further discussion re arding canvas
carport covers presently erected within the city.
Motion made to recommend approval of variance VA-80-06 by Patrick Schilling modifying the
request to allow a canvas carport constructed of material consistent with Florida Building Code
standards, seconded by Timothy McLeod. Motion passed on the following roll call
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Lott ye Crooms — Yes Timothy McLeod — Yes
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George Jason — Yes Patrick Schilling — Yes
Edward Bourgeois — Yes
11/15/2006 7:57:20 PM
4) Applicant, Stephen K. Tilbrook, Esq., on behalf of the property owner Harbour Towne Associates,
is requesting plat, variance, special exception and site plan approvals for the construction of a dry
stack boat storage building and restaurant located at 801 NE 3 Street. The requested items are as
follow:
PL-31-06 - A request for perimeter plat approval to allow the construction of a dry stack boat
storage building and restaurant.
VA-33-06—Variance request:
1. To allow a building 52 — 55 feet tall above existing site grade (Chapter 28, Zoning, Article 4,
District Regulations, Schedule of Use Regulations allows a maximum building height of 40
feet.)
2. To allow a dry stack boat storage building with 176 boat slips. (Chapter 28, Zoning Article 4,
District Regulations, Schedule of Use Regulations allows a maximum of 50 boat slips.)
3. To allow a dry stack boat storage building to be constructed of metal. (Chapter 28, Zoning
Article 4, District Regulations, Schedule of Use Regulations, requires C.B.S. construction or
equivalent acoustical material.)
SE-32-06— Special Exception request to allow dry stack boat storage use on the property in a C-4
(Commercial)zoning district.
SP-34-06 — Site plan request to allow the construction of a dry stack boat storage building and
restaurant.
Corinne Lajoie, AICP, Principal Planner, addressed the board describing the requests by Harbour
Towne Associates. Ms. Lajoie described each of the variances in detail, indicating zoning code
restrictions and describing the details of the proposed site plan. She gave a brief summation of the
traffic study submitted by the applicant. In conclusion, Ms. Lajoie described that the former
restaurant would be demolished to accommodate the proposed project, indicating that staff is
recommending the following:
Plat-Approve, provided the applicant amends the plat to add a signature line for the Mayor and is
consistent with the approved site plan and special exception.
Special Exception - The zoning code height, size, and material restrictions in C-4 oning districts
were originally adopted to limit dry stack marina size/construction adjacent to residential
neighborhoods. Staff can support the special exception subject to current code requirements
relating to size,height, and building material.
Variance-At the discretion of the Planning and Zoning Advisory Board and City Commission.
Site Plan-Recommendation pending special exception and site plan determination.,
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Steven Tillbrook, Attorney for Shutts and Bowen representing Harbour Towne Associates,
addressed the board describing the site plan request. Mr. Tillbrook introduced the planning team
associated with the project. Mr. Tillbrook referenced the proposed building elevation during his
presentation.
Chairman Bourgeois opened the item for public comment. Hearing no one and se6ing no one the
public hearing was closed.
Laurence Leeds, AICP, Director Community Development, addressed board questions regarding
similar boat storage facilities in the community.
Motion made to approve the request for PL-31-06, VA-33-06, SE-32-06 and SP-34-06 by George
Jason, seconded by Lottye Crooms subject to staff s site plan conditions. Motion passed on the
following roll call:
Lottye Crooms — Yes Timothy McLeod — Yes
George Jason — Yes Patrick Schilling — Yes
Edward Bourgeois — Yes
11/15/2006 8:28:12 PM
5) The applicant, Gustavo X. Aguirre, President, Associated Engineers of South Florida, Inc., on
behalf of the property owner, Troy Ippolito, President, T.H.B., Inc., property located on the west
side of SW 25 Avenue, south of Griffin Road, immediately south of the Tropical Acres
Restaurant, is requesting the following:
PL-20-05 -Request for preliminary plat approval to allow the construction of 40 residential units.
LUF-34-05 -Request for the assignment of four reserve units.
RZ-14-05 - Request to change the zoning from Broward County Single Family (R-IQ to City of
Dania Beach Planned Residential Development(PRD-1).
VA-42-06 - Request to provide no designated guest parking spaces. (Chapter 28, Article 6.21,
Schedule of off-street parking requires 10 designated guest parking spaces).
SP-05-06 — Site plan request to allow the construction of 20 two-family villas, totaling 40
residential units.
Corinne Lajoie,AICP, Principal Planner, addressed the board describing each of the requests. Ms.
Lajoie described the existing conditions surrounding the property. Ms. Lajoie described the
proposal relating to the rezoning request and a description of the PRD-1 zoning with the
application of the assignment of reserve units. Ms. Lajoie described the preliminary plat and
dedication of a public park. She further described the landscape plan and the appl cants desire to
preserve the large amount of trees on the site. Ms. Lajoie indicated that staff, can support a
variance to provide eight guest parking spaces due to the applicant's efforts to preserve the trees
on the site.
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Mr. Laurence Leeds, AICP, Director Community Development, addressed the board describing
alternative options for additional parking, and suggested a reduction of front yard setback to 22
feet to allow guest parking in the swale area.
Ms. Lajoie continued her presentation, describing the site plan and requested waivers, indicating
staff is recommending the following:
Plat:
Approval for one year.
Rezoning:
Approval for one year.
Assignment of four reserve units (allowing 40 instead of 36 units):
Approval for one year.
Parking Variance:
Approval to waive 8 guest parking spaces with the condition that the applicant provides two
paved/pavers guest parking spaces in swale adjacent to park.
Site Plan:
Approve, provided the applicant address the following staff comments prior to scheduling this
item for the City Commission agenda.
1. Indicate minimum pervious area; excluding future pool/patio areas (Planning Division).
2. Lot 40 home is build directly adjacent to park lot line. Staff recommends an alternative
arrangement(Planning Division).
3. Staff recommends expanding depth of swale area (one side of interior street) to
accommodate temporary grass parking(Planning Division).
4. Please clarify of existing on-site wires will be buried underground.
5. Relocation park access gate to end of hammerhead turn-around to provide parallel parking in
Swale area adjacent to park property(Planning Division).
6. Applicant to pay to the City $272,830.00 preservation bond to assure preserve and relocated
survive construction(Landscape Consultant).
7. Applicant to pay to the City's Tree Preservation Fund $133,110.00 equaling the value of the
trees to be removed(Landscape Consultant).
8. Tree bond and mitigation amounts shall be deposited prior to issuance of any clearing,
filling, or construction permits (Landscape Consultant).
9. See comments on Sheets E-2, L-1, and LP-1, E-2. Provide 4"X 4"tapping sleeve and value,
4"X 8" increaser(reducer) and 8" G.V. (Public Services).
10. L-1, Do not plant trees over or adjacent to utilities (Public Services).
11. Fire Marshall to approved 22' wide pavement cross-section (Standard pavement cross
section is 24' —Planning Division).
12. LP-1, you may wish to consider solar lighting(Public Services).
13. All drive aisles must be a min. on 12'. Plans currently show 11' - #1 of you response (Fire
Marshal).
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14. Submission of sealed fire flow calculations to determine water demand requirements for this
project(Fire Marshal).
15. Fire Department to perform on-site evaluation of fire flow test(Fire Marshall)
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Laurence Leeds, AICP, Director Community Development, addressed the board, diving a history
of past proposals for the site, and Broward County's failure to purchase the site'',.for open space
preservation.
Troy Ippolito addressed the board describing his request and intentions for the site. Mr. Ippolito
indicated that he is agreement with the recommendations made by Mr. Leeds regarding the
adjustment of setback and swale area.
Chairman Bourgeois opened the item for public comment.
Lee Ann Swisher 4944 SW 25th Avenue, spoke regarding the existing conditions of the area. She
was opposed to the rezoning.
Jean Pasley 4965 SW 246h Avenue, concerned with road and trees and was opposed to rezoning.
Dean Magliocca 317 SE 6th Street, spoke in favor of the project.
Kristen Guven 5015 SW 24th Avenue, spoke in opposition of the rezoning.
Sally Johnson 4987 SW 25th Avenue, spoke in opposition of the rezoning.
Patricia Attaway 5040 SW 26th Avenue, spoke in opposition of the 2 story homes.
Mr. Leeds indicated that if the applicants request is denied, 2 story single family homes would still
be allowed and that the tree preservation would be similar to what has been proposed.
Phyllis Oppenheim 4991 SW 25th Avenue spoke in opposition of the rezoning.
Jessie Kerr 4928 SW 20 Avenue, spoke in opposition of the rezoning.
Cynthia Kohlmeier-Parker 5056 SW 24th Avenue, spoke in opposition of the of the park as well as
the rezoning request.
Mr. Leeds clarified that the public park would not be an active park that people would drive to; it
is intended to be a passive walking park.
Lavonne Kippenverger 4900 SW 25 Avenue, spoke in opposition of the rezoning.
Jeff Oppenheim 4991 SW 25th Avenue questioned the gated access and spoke in opposition of the
rezoning.
Troy Ippolito addressed the board apologizing for the miscommunication regarding the
expectation of his project to the neighborhood.
Hearin no one and seeing no one further,the public hearing was closed.
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Mr. Leeds addressed the board clarifying the dimensions of the current lot. Mr. seeds indicated
that until a final tree plan is submitted, there is no way to tell the future of the trees at the.site.
Mr. Leeds discussed the traffic concerns, comparing attached villas with detached single family
homes. Mr. Leeds indicated that a traffic engineer would have to address the enact impact on
traffic.
The board discussed concerns with traffic, general development in the city and the need for the
public to work out their concerns with the developer.
Motion made by Patrick Schilling to continue PL-20-05, LL F-34-05, RZ-14-05, VA-42-06 and
SP-05-06 in order for the developer to meet with and address the concerns of the neighborhood
seconded by Timothy McLeod. Motion passed on the following roll call:
Lottye Crooms — Yes Timothy McLeod — Yes
George Jason — Yes Patrick Schilling — Yes
Edward Bourgeois — Yes
11/15/2006 9:40:24 PM
6) SP-77-06 — Site plan request by Richard M. Mogerman, P.A. representing property owner BRI,
LLC. for property located at 47 North Bryan Road, Dania Beach. The proposed request is to
allow construction of an office warehouse building.
Laurence Leeds,AICP, Director Community Development, addressed the board describing the site
plan request. Mr. Leeds gave a description of the existing conditions and the proposed request.
Mr. Leeds indicated that staff is recommending approval of the plan based on staffs conditions.
Peter Diez, Diez Architects, addressed the board prepared to answer questions regarding the
project. Mr. Diez concurred with Mr. Leeds and is prepared to address all of staffs conditions.
Chairman Bourgeois opened the item for public comment, hearing no one and seeing no one the
public hearing was closed.
Clarification of the proposed location and reduction of pervious area requirements was made by
Mr. Leeds.
Motion made to recommend approval of the site plan request SP-77-06 provided that staffs
conditions are met prior to the City Commission hearing, by George Jason, seconded by Timothy
McLeod. Motion passed on the following roll call:
Lottye Crooms — Yes Timothy McLeod — Yes
George Jason — Yes Patrick Schilling — No
Edward Bourgeois — Yes
Moved by Lottye Crooms to cancel the December Planning and Zoning Advisory Board meeting,
seconded by George Jason. Motion passed unanimously.
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Edward Bourgeois would like to resign as chairman. The board nominated Patrick Schilling as
Chairman and George Jason Vice Chairman. Motion passed unanimously.
Adjourn
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