HomeMy WebLinkAbout2006-01-18 Planning & Zoning Advisory Board Minutes SUMMARY MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
REGULAR MEETING
Commission Chambers
Wednesday,January 18,2006
7:00 P.M.
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ROLL CALL
Edward Bourgeois -Present Also Present:
Lottye Crooms -Present Laurence Leeds,AICP,Director Community Development
George Jason -Present Corinne Church,AICP,Principal Planner
Patrick Schilling -Present Thomas Ansbro,City Attorney
Dr.Paul Fetscher -Present Lou Ann Cunningham,Board Clerk
SUMMARY OF COMMISSION ACTION—Corinne Church, AICP,Principal Planner
PLANNING AND ZONING BOARD ITEMS
1) PL-31-05 - Request by the applicant Jane Storm, Pulice Land Surveyors, Inc., on behalf of the
property owner, Zvi Levin, Managing Member of AMSPROP Dania Beach Investment, LLC, for
preliminary plat approval of the "Cayden's Corner" Plat, property located at the NE corner of NE 3
Ave and NE 2 St.
Jason Espinoza, Pulice Land Surveyors addressed the board regarding the proposed preliminary plat,
concurring with all staff comments. The petitioner addressed questions regarding the park impact
fees.
Principal Planner Corinne Church addressed the board describing the proposed preliminary plat
request. Ms. Church described the existing conditions of the site located on NE 2 Street across from
Frost Park. She indicated that the proposal is for preliminary plat approval of 1.99 acres to create 9
single family residential lots. Ms. Church described that the park impact fee of$18,206.34 in lieu of
park land dedication would be contingent upon Commission approval.
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Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the
public hearing was closed.
Hearing no further staff or board discussion a motion was made by George Jason, seconded by Lottye
Crooms, to recommend approval of the "Cayden's Corner" preliminary plat request PL-31-05.
Motion passed on the following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — No
Dr. Paul Fetscher — Yes
2) VA-61-05—Request by property owner Michael A. Thompson for a setback variance to allow a dock
sixteen (16) feet beyond the rear property line and a boat lift twenty-four (24) beyond the rear
property line; (City of Dania Zoning Code Appendix Article II, Sec 33-40 (12) (a), permits a
maximum of five (5) foot extension beyond property lines for docks and boat lifts). Property is
located at 2789 SW 46 Street, Dania Beach.
Michael Thompson addressed the board regarding a request for a boat dock. He described the
configuration of his lot to the board. Mr. Thompson submitted a letter of support and photographs
from his neighbors.
The board questioned the Mr. Thompson as to the reason why so much room was necessary for the
vessel. Corinne Church,Principal Planner described the orientation of the canal and lot configuration.
Laurence Leeds, AICP, Director Community Development referenced the drawing of the boat lift and
the area that would be projecting into the canal in relation to the unique shape of the end of the canal.
The board reviewed photographs electronically displayed by Mr. Thompson from his laptop.
Corinne Church, AICP, Principal Planner, addressed the board presenting staffs' review of the
variance request. Mr. Leeds indicated how the measurements were taken and the orientation of the
property.
Chairman Fetscher opened the item for public comment.
Bill Masters 2797 SW 46u' Street, neighbor. Mr. Masters concurred that he felt that due to the shape
of the property a hardship exists, speaking in favor of the variance request.
Hearing no one and seeing no one further,the public hearing was closed.
Hearing no further staff or board discussion a motion was made by Lottye Crooms, seconded by
George Jason, to recommend approval of the variance request VA-61-05. Motion passed on the
following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr. Paul Fetscher — Yes
3) VA-63-05 — Theresa Walsh of Walsh Nadeau, LLC., is requesting a variance to allow alcohol sales
518 feet from Olsen Middle School (Chapter 28, Zoning, Article 4.201 "Proximity of Beverage
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Establishments to Churches, Schools", requires a distance separation of at least 1,000 feet from a
school); Property is located at 421 East Sheridan St.,Dania Beach.
Theresa Walsh, owner of Walsh's pub addressed the board describing her request. Richard Seay,
Attorney for the petitioner, addressed the board prepared to answer any questions by staff or board
members. Ms. Walsh indicated that they would also be applying for an extended hours permit and
that they would be open for lunch.
Mr. Laurence Leeds addressed the board giving a brief history of the previous business at the site (bar
and liquor store). Mr. Leeds stated that Chief Bryan Cowart, Broward Sheriff's Office, has no
objection to this request. Attorney Seay addressed the board indicating that there is a wall separating
the business from the school.
Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the
public hearing was closed.
Hearing no further staff or board discussion a motion was made by Lottye Crooms, seconded by
Edward Bourgeois, to recommend approval of the variance request VA-63-05. Motion passed on the
following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr. Paul Fetscher — Yes
4) VA-68-05 - Request by property owner, Kay Lynn Doderer for a variance to allow a shed three (3)
feet from the rear property line and six (6) feet from the side property line; (Chapter 28, Zoning,
Article 4, Schedule of Lot, Yard, and Bulk Regulations requires a 10 foot setback from side and rear
property lines). Property is located at 425 SE 7 St.,Dania Beach.
Kay Lynn Doderer addressed the board describing her request for placement of her shed. She
indicated that the shed was installed several years ago by Ted's Sheds in a place where there would be
no obstruction in her yard. She further indicated that she is on a dead end street. Ms. Doderer
submitted letters of support from her surrounding neighbors.
Corinne Church, AICP, Principal Planner,addressed the board presenting staffs review of the variance
request. Ms. Church described the surrounding conditions of the site.
Chairman Fetscher opened the item for public comment. Hearing no one and seeing no one, the
public hearing was closed.
Hearing no further staff or board discussion a motion was made by Edward Bourgeois, seconded by
George Jason, to recommend approval of the variance request VA-68-05. Motion passed on the
following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr. Paul Fetscher — Yes
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7) VA-02-06 — Variance request by applicant / owner, Morris and Miriam Koenig to allow parking
/storage of a boat 29' 8: in length on property located at 360 SE 6 St., Dania Beach. (Chapter 25,
Article III, Division 6, Section 25-125 (d) states "in no event shall any boat exceeding twenty-five
(25) in length or eight(8) feet in width be parked or stored on residential property unless it is within a
completely enclosed,roofed,and walled permanent structure".
Mr. Morris Koenig addressed the board describing the variance request to the board and his reasons
for the variance request.
Mr. Leeds addressed the board to clarify the zoning code with respect to recreational vehicles.
Chairman Fetscher opened the item for public comment.
Neil Barillo, 358 SE 6th Street, spoke in favor of the variance request.
Lee Lavery,402 SE 6th Street, spoke in favor of the variance request.
Abe Grayson 713 Natures Cove Road, spoke in favor of the variance request.
James Beaver, 351 SE 7th Street,spoke in favor of the request.
Mike Deilo, 703 SE P Lane, spoke in favor of the request.
Gary Coleman 401 SE 60' Street, spoke in favor of the request.
Hearing no one and seeing no one further,the public hearing was closed.
Hearing no further staff or board discussion a motion was made by Patrick Schilling, seconded by
George Jason, to recommend approval of the variance request VA-02-06. Motion passed on the
following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling - Yes
Dr. Paul Fetscher — Yes
5) Aqua Isles—Request by Carr Residential LLC., applicant and owner for property generally located at
3901 Griffin Road for the following:
a) RZ-18-05—rezoning property from"Trailer Park" (T-1) to "Planned Residential Development"
(PRD-1);
b) LUF-19-05-assignment of up to 17 reserve units;
c) Waiver of pervious area—to allow 37%previous area; code requires 40%;
d) VA-62-05—Variances:
i. To allow the perimeter wall to be 5 feet from the south property line; code required 15 feet.
ii. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; code
requires 15 feet.
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iii. To allow the entrance wall and gate to be 9'8" feet and allowing the columns of the
perimeter fence to be 6.5 feet;code requires a 6 foot maximum.
e) SP-36-05—Site plan request to allow the proposed construction of 127 town homes.
Bonnie Miskel, Attorney with Ruden McClosky, representing Aqua Isles by Carr Residential, LLC.,
addressed the board describing the project, addressing the rezoning, waiver, variance and site plan
requests. Ms. Miskel advised that the company is still working diligently with the remaining mobile
home residents and that the issues should be resolved by March 2006. Ms. Miskel commented on the
driveway access to the site,describing the revised driveway location.
Ms. Miskel answered questions regarding the variance requests relating to the decorative gate and
concluded that the petitioner has no objection to the impact fee amount or staffs comments.
Corinne Church described the existing conditions of the site and the variance requests. Ms. Church
further indicated that the city's engineering consultant has no objection to the waiver of 3% of the
pervious area.
Ms. Church concluded her summation describing the site plan and request to pay a local impact fee in
lieu of dedication. She stated that staff is recommending approval of the zoning change (with the
assignment of reserve units, waiver of pervious area, variance & site plan) subject to the applicant
addressing site plan comments and the applicant investigating and determining feasibility of
relocating the project entrance opposite SW 40 Avenue.
Chairman Fetscher,opened the item for public comment.
William Jolley, former tenant of the Aqua Isles mobile home park, spoke in opposition due to
litigation with the development company.
Merle Weaver, Davis Isles,asked that the item be tabled until the issue of the entrance is settled.
Linda Sacko, Davis Isles, reiterated regarding the entrance issue and traffic, and request tabling the
item.
Richard Fenneger,4433 SW 35t'Avenue, spoke in opposition regarding the traffic situation.
Diane Howard, Davis Isles, spoke in opposition regarding the traffic situation.
Anne Metcher, Davis Isles 4548 SW 37t'Avenue, spoke in opposition regarding traffic situation, and
requested tabling the item.
Ira Rothstein, 3841 Griffin Road, expressed concern regarding traffic.
William Jolley addressed the board again regarding the traffic issue.
Bonnie Miskel, Attorney addressed the board clarifying her role representing the petitioner and the
situation with Mr. Jolley and also addressed the concerns of the public regarding the traffic situation.
Ms. Miskel would like to request an additional 3 units from 17 to 20 for the site, contingent upon
meetings with the Staff, FDOT and the County regarding the entrance relocation.
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Mr. Leeds indicated that staff would not recommend the additional units unless the entrance is
relocated.
Comments made on the dedication of public park land.
Hearing no one and seeing no one further,the public hearing was closed.
On the following requests:
a) RZ-18-05—rezoning property from "Trailer Park" (T-1) to "Planned Residential Development"
(PRD-1);
b) LUF-19-05 - assignment of up to 17 reserve units, with the addition of 3 additional units only
upon approval of the relocation of the driveway.
Motion made by Patrick Schilling, seconded by George Jason to recommend approval of the
rezoning request(RZ-18-05) and the assignment of up to 17 reserve units (LUF-19-05), with the
possible addition of up to 3 additional units contingent upon approval of the proposed relocation
of the driveway. Motion passed on the following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr. Paul Fetscher — Yes
On the following requests:
c) Waiver of pervious area—to allow 37%previous area; code requires 40%;
d) VA-62-05-Variances:
iv. To allow the perimeter wall to be 5 feet from the south property line; code required 15 feet.
v. To allow a 5 to 10 foot wide landscape buffer adjacent to the south property line; code
requires 15 feet.
vi. To allow the entrance wall and gate to be 9'8" feet and allowing the columns of the
perimeter fence to be 6.5 feet; code requires a 6 foot maximum.
Motion made by George Jason, seconded by Patrick Schilling, to recommend approval subject
to the staff s comments and the entrance relocation on the site plan. Motion passed on the
following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr. Paul Fetscher — Yes
On the following request:
e) SP-36-05—Site plan request to allow the proposed construction of 127 townhomes.
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Motion made by Patrick Schilling, seconded by George Jason,to recommend continuance of the
site plan request until the issue with the driveway be addressed. Motion passed on the
following roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr.Paul Fetscher — Yes
6) Fire Station / Public Safety Facility Building - Request by the City of Dania Beach, owner of
property generally located at the southwest corner of SW 45 St and SW 30 Ave for the following:
a) SP-67-05 - Site Plan for the construction of an 11,500 square foot fire station and BSO
substation.
b) VA-67-05 —Variance to waive six (6) foot solid wall or fence requirement along the north and
west lot lines of the site (Code requires six (6) foot high wall or solid wood fence — Section
26.50; Vegetation Code). This request was made by the residents who attended the January 5,
2006 Community Meeting at city hall.
Mr. Laurence Leeds, AICP, Director, Community Development, addressed the board describing the
City's request for construction of an 11,500 square foot Fire Station/BSO substation. Mr. Leeds
described the site plan revisions made at the request of the abutting neighbors, including replacement
of the 6' fence with an extensive landscaping buffer. Mr. Leeds also indicated that the city has
prepared an access easement to allow Mrs. Coryell to continue to use the driveway on the west side of
her house.
Deputy Fire Chief Michael Cassano addressed the board describing the site plan layout, landscaping
and progress made with the neighborhood.
Chairman Fetscher opened the item for public comment.
Dave Miller, 4620 SW 30 Way, questioned drainage on the site. Mr. Leeds indicated that at the time
of building permit the plans will be reviewed by a civil engineer relative to paving and drainage. Mr.
Robert McDonald indicated that the paving and drainage plans are currently being drawn up and
indicated to the board where on the site plan, the catch basins would be located and where the water
will move on the site.
Joe Daley, 4530 SW 30th Way, commented on the neighborhood meeting, applauded staff on their
work with the neighborhood, supporting the plan.
Bob Donovan, 4610 SW 30th Way, impressed with staff s work on the plan, questioned whether the
previously addressed park impact fees could be used to improve the remaining site.
Dan McNulty, 4500 SW 30th Way, supports the project,but has questions on the lighting and drainage
on 45th Street and 30th Avenue. Mr. McDonald addressed the existing catch basins on the corner and
that Public Services was notified of the situation and that these issues would be addressed during
construction. Mr. McDonald further addressed the lighting plan indicating that they were lowered by
5 feet and improved the illumination to shine down and not out towards the neighborhood. Mr.
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McNulty concluded addressing the right of way easement. Chief Cassano agreed to meet with Mr.
McNulty at the site; Mr. McNulty would like to see a fence separating his property from the city's.
Chief Cassano will report back to staff once he has identified the area.
Caroline Diehl,4536 SW 30t'Ave, commented on the site,traffic,and park land.
Hearing no one and seeing no one further,the public hearing was closed.
After further discussion by the board and staff. A motion was made by Patrick Schilling, seconded
by Edward Bourgeois,to approve the site plan and variance requests. Motion passed on the following
roll call:
Edward Bourgeois — Yes Lottye Crooms — Yes
George Jason — Yes Patrick Schilling — Yes
Dr. Paul Fetscher — Yes
Adjournment
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