HomeMy WebLinkAbout2005-02-16 Planning & Zoning Advisory Board Minutes C `'d • MINUTES •
°s CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Commission Chambers
Wednesday, February 16, 2005
7:00 P.M.
(Immediately following the meeting of the Local Planning Agency)
ROLL CALL
Edward Bourgious - Present Also Present:
George Jason - Present Laurence Leeds, AICP, Director Community Development
Lottye Crooms - Excused Corinne Church, AICP, Principal Planner
Gary Luedkte - Present Thomas Ansbro, City Attorney
Victor Lohmann - Present Lou Ann Cunningham, Board Clerk
Motion made by Gary Luedkte, seconded by Victor Lohmann, to excuse Lottye Crooms.
Motion passed unanimously.
(Heard after item #2)
Approval of Minutes — January 19, 2005 Planning and Zoning Advisory and Joint Workshop
Meeting and January 19, 2005 Planning and Zoning Advisory Board Regular Meeting Motion
made by George Jason after passing the gavel seconded by Edward Bourgious to approve the
minutes as submitted. Motion passed unanimously.
1) Joseph Kaller, on behalf of John Greiner, for approvals associated with the construction
9 condominium units. Property located on the North side of Dania Beach Blvd., east of
the Danians Condominium Clubhouse fronting Dania Beach Boulevard.
VA-09-04—Variance request:
1. To allow a wall sign for a property with less than 300 feet of street frontage; 71 feet of
street frontage provided, per Article 28, Section 28. 095 (a) of Chapter 28.
VA-40-03—Variance request:
1. To allow a 15' east setback and 18' west setback; 25' and 30' side yard setbacks required
respectively, per Section 4.202 of Chapter 28.
2. To allow a catwalk to protrude 6 to 10 from the building (east elevation); 4 permitted, per
Section 5.32(a) of Chapter 28.
3. To allow a balcony to protrude 8' from the building (west elevation); 4' permitted, per Section
5.32(a) of Chapter 28.
4. To allow a 15' west canopy setback; 25' required, per Section 4.202 of Chapter 28.
SP-06-02 - Site plan request for the proposed construction of 9 condominium units.
Joseph Kaller, Architect, addressed the board to give a description of the request.
Described the uniqueness of the site and thanked staff for their assistance. Mr. Kaller gave
a description of the types of units and reasons for the variance requests.
Planning and Zoning Advisory Board—Local Planning Agency
MINUTES FEBRUARY 16,2005
At this time the item wa'�opened for public comment. •
Michele Moritz representing the Danians Shopping Center, spoke against the project, felt
that it would have a negative economic impact on their property, specifically the setback and
catwalk on the east side of the property.
Robert Shine from the Danians, would like the letter from the Danians read out loud
supporting the project.
Hearing no one and seeing no one further, the public hearing was closed.
Corinne Church, AICP, Principal Planner, addressed the board describing the variance and
site plan requests to the board. Ms. Church described the existing condition of the site as
having a zoning designation of RM-2 and that the land is vacant but includes a driveway at
rear of property and 4 parking spaces encroaching on the site.
Ms. Church described the first variance as a request to allow a proposed 27 square feet of
wall sign to be located on the south wall of the building and that no other signage is
proposed for the project. Staff is in support of this variance due to there being no other
signage proposed for the site.
Ms. Church described the variances relating to setbacks, and the catwalk, balconies and
canopy's as follows:
Applicant is requesting to allow a 15' east setback & 18' west setback; 25'-30' required on
property that is 71' wide and that with the variance a 38' wide building can be provided.
Surrounding the site is a shopping center to the East and a parking lot to the west.
Applicant is also requesting to allow a catwalk to protrude 6-10' from building (on the east);
4' permitted. There is 9.5' of clear space that will be provided from the majority of the East
property line, and that at 3 locations, 5.5' of clear space will be provided from the East
property line.
Applicant is requesting to allow a balcony to protrude 8' from the building (west side of
building); 4' permitted. The applicant is providing 11' of setback to the west.
In the final request the applicant requests to allow a 15' west canopy setback where 25' is
required, stating that the proposed canopy will extend 10'from west and south building walls
and will provide protection from the weather and architectural design to the building.
Ms. Church described the site plan as 9 units with a proposed building height of 42. She
indicated that there is adequate parking and pervious area being provided and that access
will be from Dania Beach Boulevard only.
Ms. Church concluded stating that staff supports the setback and encroachment variances
due to the following site limitations and subject to the conditions as follows:
Site Limitations:
1) This project will provide an 80— 100 foot separation to any adjacent apartment building.
2) Excluding the sign variance, all variance requests relate to the east and west side of the
building. The site abuts a shopping center to the east and a condominium recreation
center parking lot to the west.
3) This development parcel is very narrow parcel (72 feet) thus limiting the size of the
apartment building.
Planning and Zoning Advisory Board-Local Planning Agency
MINUTES FEBRUARY 16,2005
•
Conditions:
1. Provide recorded copy of plat prior to issuance of a building permit (Planning 1-25-05).
2. Provide a recorded deed restriction limiting development to 9 residential units prior to
issuance of a building permit (Planning 1-25-05).
3. Prior to issuance of a building permit, applicant shall submit condo documents
containing reasonable rental restrictions (duration and frequency) approved by city staff.
4. Applicant will have to submit a tree removal & relocation permit prior to issuance of any
building permits (Landscaping 11-14-04).
5. Hydrant placed as requested — FDC will be on system side of back flow preventor (Fire
Marshall 11-15-04).
6. Access to dumpster does not appear to be possible with the proposed layout. Provide a
letter from the solid waste provider or indicate if the dumpster will be rolled out for pick-
up (Public Services 11-22-04). Architect/Engineer of record shall provide backup
information which supports the applicant's response, including but not limited to
correspondence, calculations, detailed drawings showing turning movements, etc.
(Public Services 2-8-05).
7. Since only water quality is proposed, please verify whether this project is part of an
existing surface water management permit and identify the ultimate outfall location of the
drainage system (Public Services 11-22-04). Engineer of record must also identify water
quantity component as well and hydraulic capacity of well. Please provide back up
calculations. Also, bottom of slab for well is shown at E1 5.00 — top of well elevations is
shown at E1 4.50. This yields approximately 6" of head over the well grate. Please
provide back up calculations which ascertain that the allowable head will generate the
necessary flow quantity to evacuate treated runoff.
8. Payment of park impact fees ($27,300) prior to issuance of a building permit.
9. Applicant to obtain written confirmation from City Attorney confirming that parking and
driveway easements have been provided consistent with site plan.
Board discussion regarding parcel sizes for the surrounding area and the side setback issue.
Other questions concerned address of the building to be located on the sign and explanations of
the catwalk protrusions.
At this time Corinne Church read the letter from the Danians Condominium Association
supporting the project. Mr. Kaller addressed the boards concerns relating to the Danians letter
from 2003 and no objection to deeding the roadway to the Danians along with the parking
spaces and sigh which currently encroach onto their site. Verify that an eastbound lefthand turn
lane would remain. Mr. Kaller introduced the Civil Engineer Joe Arbitrino regarding the location
of the driveway into the site and discussions with FDOT.
Mr. Kaller responded to the board's comments regarding the catwalk variance.
Motion made by Victor Lohmann, with the condition the address is added to the signage,
setbacks, catwalk, balconies and canopies, VA-40-03 and VA-09-04, seconded by gL to
Planning and Zoning Advisory Board-Local Planning Agency
MINUTES FEBRUARY 16,2005
recommend approval of to sign variance request VA-09-04. Pon aased on the followinqP 9
roll call:
Edward Bourgious - yes George Jason - yes
Victor Lohmann - yes Gary Luedkte - yes
Motion made by Victor Lohmann, to recommend approval of the site plan request for the
proposed construction of 9 Condominium units SP-06-02, with the condition that the address
is added to the signage and conditions identified by staff, seconded by Gary Luedkte. The
motion passed on the following roll call:
Edward Bourgious- yes George Jason - yes
Victor Lohmann - yes Gary Luedkte - yes
2) SP-59-03 - Request by William Duffy, on behalf of Motiva Enterprises, LLC./Shell Oil Co.,
for site plan approval, tree removal and relocation for the construction a gasoline service
station at 1916 Stirling Road.
Kurt Keyser addressed the board relating to the proposed project. Mr. Keyser explained
the history of the project.
Board Discussion regarding dispensing of fuel by the fuel trucks on the site.
At this time the item was opened for public comment. Hearing no one and seeing no one
the public hearing was closed.
Corinne Church, AICP, Principal Planner addressed the board describing the request for
site plan re-activation of the previously approved site plan. Ms. Church described the tree
removal/relocation activity at the site, further describing additional relocations or removals
necessary. Ms. Church confirmed that the site plan request has not changed since it's
previous approval by the City Commission.
Ms. Church stated that the recommendation of staff is approval based on the following
conditions:
Hearing no comments or questions by the board a motion was made by Gary Luedke to
recommend approval of the site plan request SP-59-03 Shell Oil Co. provided the tree plan
conditions and staffs conditions are met, seconded by Victor Lohmann. Motion passed on
the following roll call:
Edward Bourgious - yes George Jason - yes
Victor Lohmann - yes Gary Luedkte - yes
3) AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES
OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 4, "DISTRICT
REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS," TO REVISE THE
"SCHEDULE OF USE REGULATIONS" FOR THE C-1 AND C-2 ZONING DISTRICTS
FOR HOTELS, MOTELS, ATHLETIC CLUBS, MUSIC SCHOOLS, RESTAURANTS AND
BARS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, AICP, Director, Community Development Division, described the
amendment to the C-1 and C-2 Zoning districts placing the amended uses into the
Planning and Zoning Advisory Board—Local Planning Agency
MINUTES FEBRUARY 16,2005
special exceptiontgory. He further described issues Sample with the health
club use, music associated with restaurants etc. in a mixed use zoning district and
reasons for these uses to be placed in the special exception category.
At this time the item was opened for public comment. Hearing no one and seeing no
one the public hearing was closed.
The board questioned the medical uses category and what is contained (i.e. dentist,
othepedic, etc.)
Motion made by Victor Lohmann, seconded by Gary Luedkte, to recommend
approval of the Ordinance revising the "Schedule Of Use Regulations" for the C-1
and C-2 zoning districts for hotels, motels, athletic clubs, music schools, restaurants
and bars . Motion passed on the following roll call:
Edward Bourgious - yes George Jason - yes
Victor Lohmann - yes Gary Luedkte - yes
4) AN ORDINANCE AMENDING CHAPTER 28 "ZONING' OF THE CODE OF ORDINANCES
OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 5,
"SUPPLEMENTARY LOT REGULATIONS," SECTION 5.36 "FENCES, WALLS, AND
HEDGES" AND SECTION 5.44; "ACCESSORY STRUCTURES MINIMUM YARD, LOT,
AND BULK REGULATIONS"; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, AICP, Director, Community Development Division, described the
amendments to the supplementary lot regulations and accessory structures
regulations. Mr. Leeds made changes to the ordinance as follows:
Page 3(a) (4) Accessory structures shall.......awnings "shall not occupy more than
40% of the principal building up to a maximum of 600 square feet." The board
questioned the verbiage of the amendment and Mr. Leeds agreed to work on the
wording with the City Attorney. After some discussion, the board agreed to the
amendment, but wanted to see some changes to the setbacks.
At this time the item was opened for public comment. Hearing no one and seeing no
one the public hearing was closed.
Motion made by Victor Lohmann to recommend approval of the ordinance dealing
with the section relating to Walls Fences and Hedges and to defer the section
relating to Accessory structures, seconded by Edward Bourgious. Discussion of the
ordinance removed the words hedge from the ordinance in section (a). Mr. Leeds
clarified the restrictions to hedges on waterways only. Motion amended and passed
on the following roll call:
Edward Bourgious - yes George Jason - yes
Victor Lohmann - yes Gary Luedkte - yes
Planning and Zoning Advisory Board-Local Planning Agency
MINUTES FEBRUARY 16,2005
5 AN ORDINANCE O*E CITY OF DANIA BEACH, FLORIO,AMENDING THE ZONING
APPENDIX OF THE CITY CODE OF ORDINANCES, BY AMENDING ARTICLE II,
ENTITLED "ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES", SECTION
33-40 ENTITLED "REGULATION AND USE OF WATERWAYS AND FACILITIES
RELATED THERETO", TO ESTABLISH SETBACK LIMITATIONS FOR VESSELS
DOCKED OR ANCHORED AT THE END OF DEAD-END CANALS AND WATERWAYS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Requested by Marine Advisory Board)
Laurence Leeds, AICP, Director, Community Development Division, described the
amendments to the Zoning appendix relating to regulation and use of waterways and
facilities located at the end of dead end canals and waterways. Mr. Leeds described the
reasoning for the Marine Advisory's request to amend the code. Mr. Leeds indicated that
the affected property owners would be notified of the public hearing before the City
Commission. Lou Ann to prepare diagram for documentation to affected owners.
At this time the item was opened for public comment. Hearing no one and seeing no one
the public hearing was closed.
Motion made by Gary Luedkte seconded by Victor Lohmann to recommend approval of
the Ordinance amending Article II, entitled "Accessory and Detached Buildings and
Structures", Section 33-40 entitled "Regulation and use of Waterways and Facilities
Related Thereto", to establish setback limitations for vessels docked or anchored at the end
of dead-end canals and waterways, with the . Motion passed on the following roll call:
Edward Bourgious - yes George Jason - yes
Victor Lohmann - yes Gary Luedkte - yes
Adjourn.
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.
Planning and Zoning Advisory Board-Local Planning Agency
MINUTES FEBRUARY 16,2005