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Home My WebLink About2006-09-27 Planning & Zoning Advisory Board Minutes _ MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD REGULAR MEETING Commission Chambers Wednesday, September 27,2006 7:00 P.M. 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. ROLL CALL Edward Bourgeois -Present Also Present: Lottye Crooms -Present Laurence Leeds,AICP,Director Community Development George Jason -Present Louis Mercado,AICP, City Planner Patrick Schilling -Excused Thomas Ansbro, City Attorney Dr. Paul Fetscher -Present Lou Ann Cunningham,Board Clerk Motion made by Lottye Crooms to excuse Patrick Schilling, seconded by George Jason. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes PLANNING AND ZONING BOARD ITEMS ***SP-25-06 was moved to the beginning of the agenda, at the request of Manny Synalovski. 5) SP-25-06 — Request by Rabbi Andrew Skurowitz representing Brauser Maimonides Acadamey for property located at 5300 SW 40th Avenue, Dania Beach. The request is for site plan modification to allow the construction of a new 9,728 square foot, 2-story school building located at 5300 SW 40 Avenue. Manny Synalovski addressed the board representing Brauser Maimonides Acadamey, describing the request for a site plan modification. Laurence Leeds, AICP, Director Community Development addressed the board describing staffs comments indicatingitems that will need to be addressed prior to the City Commission hearing. P Y g Planning and Zoning Advisory Board Meeting 1 AGENDA September 27,2006 • • Mr. Synalovski indicated that the applicant has no objections to staffs conditions, and described the progress being made to come into compliance with all conditions. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one the public hearing was closed Motion made to approve site plan SP-25-06 by George Jason conditioned upon staffs conditions, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes 1) Bonnie Miskel, Esq., Ruden-McClosky, on behalf of the property owner WSSA Florida, LLC., is requesting rezoning and site plan approval for a border patrol facility at property located on the east side of NE 7 Avenue between Taylor Road and Eller Drive. (Property is located east of US 1 and north of the Dania Cut-Off canal.) (Continued from August 16, 2006 Regular Meeting) TX-41-06 -Zoning Code Text Amendments to the IRO Zoning district to allow a U.S. Border Patrol Facility and Accessory Uses. RZ-51-06 -Zoning map change from Industrial General (IG)to Industrial Research Office(IRO). Bonnie Miskel, Esq., with Ruden-McClosky addressed the board describing the request for a text amendment and rezoning request for a boarder patrol facility. Ms. Miskel introduced John E. Sabty, Manager,WSSA Florida, LLC and members of the boarder patrol staff and GSA. Robert Montemayor, U. S. Boarder Patrol, addressed the board describing the activities performed by the boarder patrol division. Mr. Montemayor answered questions relating to types of detainees and site procedures. Ms. Miskel added that the detention component is temporary in nature and that detainees would not be held at the facility more than 20 hours. Ms. Miskel clarified several sections of the text amendment on page 4, 16.40(b): "#8 that indicates the site would not be open to the public." Ms. Miskel stated that the building does have a small public access area for attorneys and family members. Laurence Leeds, AICP, Director Community Development, addressed the board describing the text amendment and rezoning request. Mr. Leeds indicated the requests would: (1) Regulate the facility as a special exception, allowing the City Commission to attach conditions to the approval. (2) Restrict the use to lands located east of US 1, adjacent to Port Everglades, and north of the Dania Cut-Off Canal; said facilities would also have to be located at least 3,000 feet from any land designated for"Residential"or"Commercial"use. (3) Limit the size of temporary holding cells (outdoor holding areas would be prohibited) to no more than 3,500 square feet. Planning and Zoning Advisory Board Meeting 2 AGENDA September 27,2006 • • Mr. Leeds described the site as a parcel abutting NE 7th Avenue to the west surrounded by industrial zoned lands to the north, south, and east. He indicated that the main building would be setback over 200 feet from NE 7th Avenue and that a smaller building and gas fuel dispensers are located to the rear of the main building. Mr. Leeds confirmed that the City Attorney has indicated that while penal institutions and prisons are prohibited by the Comprehensive Plan, temporary/accessory holding cells (4-20 hours) are allowed and, in this case,the holding cells would constitute less than 10%of the total site building area. Mr. Leeds stated that based on the City's Attorney's opinion and the location, use, and separation requirements,the zoning code change is consistent with the Comprehensive Plan. Mr. Leeds ended his summation indicating that staffs recommendation is to approve and that he is comfortable with the changes proposed by Ms. Miskel. Police Chief Bryan Coward did not have objections to the proposal. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one the public hearing was closed. Motion made by Lottye Crooms to approve item TX-41-06, seconded by George Jason. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes Motion made by Lottye Crooms to approve RZ-51-06, seconded by George Jason. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes 2) Request submitted by Sheryl Zvi, Land Planner with Consultech Development Services, Inc. on behalf of property owner Regina Novaes Perim representing Venezia Villas, LLC., for property located at 4432 SW 52nd Street, Dania Beach. The request is for: (Continued from August 16, 2006 Regular Meeting) VA-49-06- A variance to allow a driveway 22 foot wide driveway; (Chapter 28, Zoning, requires driveways to be 24 feet wide). Waiver - A waiver from the 40% pervious area requirement. (Chapter 28, Zoning Article 29.10. Impervious land area requirements). SP-10-06 - The above requests are in conjunction with a proposed site plan for the construction of an 8 unit town home project(Seminole Village). Sheryl Zvi addressed the board describing the request for the Venezia Villas 8 unit town-home development. Laurence Leeds, AICP, Director Community Development addressed the board describing the surrounding conditions of the site. He described the request for waiver and variance requests Planning and Zoning Advisory Board Meeting 3 AGENDA September 27,2006 indicating that all other aspects of the plan meet or exceed the code. Mr. Leeds described the elevation of the project and access to the site and conditions of staff. Chairman Fetscher opened the item for public comment. Jackie Loftus addressed the board requesting to raise the 4' wall to a 6' citing various safety reasons. In addition the 6' wall would buffer any noise from the units and dumpster. Ms. Loftus submitted a petition and letters to the board. Sheryl Zvi addressed the board indicating that the applicant agrees to the 6' wall. Elizabeth Marco, Architect for the project, indicated that a 6' wall would not be a problem. Hearing no one and seeing no one further,the public hearing was closed. Mr. Leeds described the easement along the south property line, and that the wall would be placed on all sides except for the south. Motion made by Edward Bourgeois, to approve variance VA-49-06 and site plan request SP-10-06 along with the waiver subject to amending the plan to include a 6 foot wall along the west, north and east sides of the site and subject to staffs conditions, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes 3) John Bartley, on behalf of the property owners All South Florida Development Inc. &Victory Heights Properties, Inc., for property located south of Stirling Road, immediately west of the railroad tracks. The request is as follows: Continued rom August 16 2006 Regular Meeting) ( .f g g VA-44-06 -Variance: 1. To allow a front yard lot width of 37 feet. (Chapter 28, Zoning Article 4, Schedule of Lot, Yard and Bulk Regulations, requires a minimum of 75 feet.) 2. To allow a side setback of 5 feet on the east side and 7 feet on the west side. (Chapter 28, Zoning Article 4, Schedule of Lot, Yard and Bulk Regulations,requires a 20 foot side setback.) 3. To allow six parking spaces. (Chapter 28, Zoning Article 6.21 Schedule of Off-Street Parking Requirements,requires eight spaces.) Waiver - A waiver from the 30% pervious area requirement. (Chapter 28, Zoning Article 29.10. Impervious land area requirements.) SP-45-06 - Site Plan -To allow the 11,650 square feet of warehouse space. John Bartley addressed the board indicating that the problems that occurred at the previous meeting have been addressed and that he has met after meeting with all of the surrounding property owners. Mr. Bartley indicated that at this time there are not any plans for an office and that the variance would be for a future use if necessary. Planning and Zoning Advisory Board Meeting 4 AGENDA September 27,2006 • • Laurence Leeds, AICP, Director Community Development addressed the board describing staffs recommendation, colors and conditions. Mr. Leeds indicated that parking would be at the discretion of the board. Chairman Fetscher opened the item for public comment. Geneva Williams SW 2nd Terrace addressed the board indicating no objection to the plan but had questions regarding operation hours. Mr. Bartley indicated that he would comply with whatever Ms. Williams was comfortable with. Marco Salvino addressed the board indicated that he would need to access the site at 8:00 pm at night during the holiday. Ms. Williams indicated that after 6 am would be fine. Hearing no one and seeing no one further, the public hearing was closed. Lottye Crooms indicated that putting stipulations on Mr. Bartley does not seen fair, when there are other industrial uses on the block. Mr. Bartley said he does not have a problem with the restriction. Motion made by George Jason, to approve items VA-44-06, SP-45-06 and Waiver, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes 4) VA-54-06 — Request by William Ruiz, property owner 974 Nautilus Isle, Dania Beach to allow the installation of a boat lift which extends 14' into the waterway; (The City of Dania Beach Zoning Code, Appendix Article II, Sec. 33-40 Boat slips and docks are allowed to extend no more than 10% of the waterway width, or in this case 8 feet.) William Ruiz 974 Nautilus Isle addressed the board describing his request for a boat lift. Mr. Ruiz answered the boards questions relating to size and type of boat lift. Louis Mercado, City Planner addressed the board describing the variance request. Mr. Mercado described the location and conditions surrounding the site. Mr. Ruiz addressed the board answering questions regarding logistics of the boat at the site. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Motion made by George Jason to approve variance VA-54-06, seconded by Lottye Crooms. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes Planning and Zoning Advisory Board Meeting 5 AGENDA September 27,2006 • 0 George Jason — Yes Dr. Paul Fetscher — Yes 6) PL-45-05: The applicant, Pedro Garcia, on behalf of the property owner RASP Development/The shops at Griffin, is requesting a perimeter plat for the property located at the south west corner of Griffin Road and Ravenswood Road,to allow commercial construction. Pedro Garcia addressed the board describing his request for preliminary plat and proposed use. Laurence Leeds, AICP, Director Community Development addressed the board describing the current conditions surrounding the property. Mr. Leeds described the uses allowed in a C-2 zoning district. Mr. Garcia indicated the use would be limited to a retail center, and that he has begun the process of a traffic study and FDOT approvals. Mr. Leeds indicated that staff is recommending approval. Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the public hearing was closed. Motion made by Edward Bourgeois to approve preliminary plat request PL-45-05 made, seconded by George Jason. Motion passed on the following roll call: Edward Bourgeois — Yes Lottye Crooms - Yes George Jason — Yes Dr. Paul Fetscher — Yes Laurence Leeds, AICP, Director Community Development indicated that the City Commission would be canceling their December 26'h regular commission meeting and asked the board if they would be available to meet on the 20'h of December if necessary. The date for the Planning and Zoning Advisory Board on December 20, 2006 appeared to be open for members of the board if necessary. Planning and Zoning Advisory Board Meeting 6 AGENDA September 27,2006