HomeMy WebLinkAbout2005-06-15 Planning & Zoning Advisory Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Commission Chambers
Wednesday, June 15, 2005
7:00 P.M.
ROLL CALL
6:59:28 PM
Edward Bourgeois - Present Also Present:
Lottye Crooms - Absent 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
Motion to excused Lottye Crooms. Motion made by Patrick Schilling, seconded by to excuse
Lottye Crooms. Motion passed unanimously.
1) VA-24-05 - The applicant, D. R. John Knox on behalf of property owner Dania Jai Alai
Division of the Aragon Group, Inc., is requesting the following variances from Chapter 28,
Article 28, Signs, for property located at 301 East Dania Beach Boulevard:
1. To allow a sign 12.16 feet tall; (Maximum 7 feet permitted).
2. To allow 50 square feet of sign area; (Maximum 36 square feet permitted).
3. To allow a sign 12 feet wide; (Maximum 6 feet width permitted).
4. To allow changeable copy on a sign; (Sign code does not allow changeable copy).
5. To allow the supporting monument structure to be 2 feet less than tie width of the
sign; (Sign code requires the supporting monument structure to be eg0al to the width
of the sign).
6. To allow a sign with zero setback; (five feet required).
Chairman Fetscher opened the item for public comment VA-24-05. Hearing no one and
seeing no one the public hearing was closed.
Hearing no further discussion, a motion was made by Edward Bourgius, seconded by
Patrick Schilling to deny variance request VA-24-05. Motion passed on the following roll
call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes
2) VA-30-05 — Carter N. McDowell, Esq., with the Firm Bilzin, Sumberg, Baena, Price &
Axelrod, LLP. on behalf of the property owner Regions Financial Corporation, is requesting
a variance from Chapter 28, Article 28, Signs, for the property located ail 499 Sheridan
Street, Dania Beach. The request is to allow:
Planning and Zoning Advisory Board
AGENDA JUNE 15,2005
1. To allow three waf i ns two wall sr ns
g , (Si n 9 code permits .)
2. To allow a sign with 54 square feet of sign area on the south elevation; (Sign
code permits a maximum 44 square feet).
3. To allow a sign with 54 square feet of sign area on the east elevation; (Sign code
permits a maximum of 23.5 square feet).
4. To allow a sign with approximately 54 square feet of sign area on the west
elevation; (Sign code permit does not permit any sign at this location).
Corinne Church, AICP, Principal Planner, Community Development Department
addressed the board describing the proposed request. Ms. Church described the
location and use of the property as an existing multi-tenant bank/office building located
in the northwest corner of Sheridan Street and SE 5 Avenue.
Ms. Church described the request to construct (3) three 54 square foot wall signs
(instead of 44 square) indicating that with modification to the capital letter size and the
logo, the sign can be designed to meet code.
Ms. Church closed her summation indicating that while the tree canopy does not block
the view of any parapet, some trees partially obscure the building from eastbound
Sheridan Street traffic, and based on this, staff can support allowing two of the wall
signs, each no larger than 44 square feet, each sign to be located on the building
elevation of the applicant's choosing.
Carter N. McDowell, Esq., with the Firm Bilzin, Sumberg, Baena, Price & Axelrod,
LLP., addressed the board, describing the request, presenting displays of the signage
for the boards review, and requesting that the board recommend approval of all 3
signs at the requested size of 54 square feet.
The board discussed affects of allowing this size of sign and questioned staff
regarding the number of wall signs. Mr. Laurence Leeds responded to staffs
concerns, stating the reasons for limiting the signage to two (2) sides.
Chairman Fetscher opened the item for public comment. Hearing no one and seeing
no one, the public hearing was closed.
Hearing no further discussion by the board a motion made by Patrick Schilling,
seconded by Edward Bourgious, to recommend approval of the variance request VA-
30-05 with staff's recommendation of 2 wall signs and with the applicants requested
size of 54 square feet. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes
3) VA-32-05 — Mr. Leonid Shutov, owner of Golden Key Plaza, Inc., is requesting a sign
variance for the multi-tenant shopping center located at 801 South Federal Highway, Dania
Beach. Request is to allow a 78 square foot, 15 foot tall monument sign setback 12" — 18"
from the US-1 property line (Chapter 28, Zoning Article 28 — Signage, allows a 36 square
foot, 7 foot tall monument sign setback 5 feet from the property line.)
Planning and Zoning Advisory Board
AGENDA JUNE 15,2005
I
P
Corinne Church, AIC Qrinci al Planner indicated that the�etitioner would address the
board first, describing the request.
Jessica Speirs-Feig, Flair for Hair, addressed the board representing Golden Key Plaza,
addressed the board regarding the request for a monument sign. Damon Barnes, Branch
Manger with Enterprise Rentals, spoke regarding loss of business due to the removal of
signage along Federal Hwy. Ms. Speirs-Feig indicated the orientation of the Wildings within
the strip mall, indicating that the signage would be placed on the northbound side at the
front of the building.
Mr. Leeds addressed the board answering their questions regarding the hardship posed by
the orientation of the two buildings. Mr. Leeds described the sign as being 15' tall, and set
back 5' from the west property line. Mr. Leeds recommended approval subject to
confirmation of an architectural sign detail (rendering) and the proper location of the sign on
the site with a site plan or survey. 7:32:13 PM
Chairman Fetscher opened the item for public comment. Hearing no one and seeing no
one, the public hearing was closed.
7:33:03 PM
Hearing no further discussion by the board a motion made by Edward Bourgious, seconded
by Patrick Shilling, to recommend approval based on staff's recommendations for a survey,
site plan and architectural renderings of the sign, and approved the request as a hardship
request VA-32-05. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes
4) Request by David Houri on behalf of Venetian Beach, LLC., for property generally located
on SW 32 Avenue approximately 100 feet south of SW 44th Street, Dania Beach. The
request is for:
a) LUF-03-05 —to assign five (5) reserve units to the project.
VA-27-0 — a variance request to allow 74 external parking spaces and 80 enclosed
b) 5 q p g p
parking spaces; (Chapter 28, Zoning, Article 6.21 Off-Street Parking requirements
requires 134 external parking spaces).
c) SP-54-04 -The above requests are in conjunction with a site plan to allow the
construction of 60 residential (three story buildings) units with associated parking, club
house & pool.
d) Waiver to provide 35% of pervious area. (Chapter 28, Article 29 !Pervious Area
Requirements, requires 40% of pervious area).
Corinne Church, AICP, Principal Planner indicated that the petitioner wound address the
board first, describing the request, and that staff would follow with a separate';presentation.
7:35:16 PM
Susan Delegal addressed the board regarding the project. Ms. Delegal,introduced the
principals of the property Mr. David Houri and Yizhak Toledano with Skyris4 Development.
Planning and Zoning Advisory Board
AGENDA JUNE 15,2005
Ms. Delegal continued l y giving a brief explanation of the townhouse project, variance
request, pervious area and reserve unit request. Ms. Delegal assured the board that the
petitioners agree to address and meet all requirements by staff as indicated in the staff
report.
Corinne Church, AICP, Principal Planner, Community Development, described the request
indicating the existing zoning and land use and location of single & multiple family structures
(currently under demolition) on the property. She further indicated that the request is for 74
parking spaces and 80 garage spaces. Ms. Church indicated that she has received
confirmation from the City Engineer regarding the pervious area requirements. Ms. Church
concluded her presentation stating that staff is recommending approval of the parking
variance, reserve units allocation (to expire on October 1, 2006) and pervious area waiver
as well as recommending approval of the site plan based on compliance with the following
conditions prior to City Commission meeting:
1. Language acknowledging current airplane flights over subject property and planned south
runway expansion to accommodate commercial jet traffic to be included in condominium
documents. The recorded condominium document language shall be provided to the City prior
to issuance of building permit.
2. Dedication of 0.66 acres of on-site public park area as required by City Code.
If the applicant proposes to pay impact fees in lieu of land, the applicant must provide a recent
appraisal no more than 3 months pp ( old) based on the construction of 40 townhouse and 20
condominium units, said appraisal to be submitted two weeks before city commission meeting to
determine impact fee. Applicant has been advised that the City Commission has sole discretion
to accept land or payment in lieu of land.
3. Provide hedge and fence (metal picket recommended) around perimeter of project along with
shrub or vine planted on both sides of the proposed walls per Section 26-47 (b) & (c) of the
City's Code of Ordinances (Planning).
4. Provide warranty deeds confirming ownership two weeks prior to city commission meeting.
5. A tree removal permit is required and/or bond will be required prior to issuance of a building
permit (Landscape Consultant). Bond amount to be determined prior to city commission review
6. Pedestrian accesstsidewalks are not shown to the dumpster or the doors on the garages
(Engineering Consultant).
7. Fire hose station will be required on boat dock per FFPL F-20. (Fire Marshall).
8. SW 32nd adjacent to site to be expanded to a 24 feet cross section, subject to traffic consultant
review.
Ms. Church, concluded stating that staff would like to see the Royal Palm trees relocated on
site, and that the elevations are at the recommendation of the board. Mr. Leeds indicated
that a condition relating to the condominium documents rental restrictions for the
development.
7:50:53 PM
Ms. Delegal indicated that the condominium documents currently contain rental restrictions,
indicating 1 year minimum. The City Attorney further indicated a change in the airport
runway allowing smaller "prop planes" at the south runway. Mr. Toledano addressed the
board regarding the relocation of the palms on site as recommended by the City's
Landscape Consultant.
The board discussed the effects of the royal palm roots on the sidewalks. Mr. Leeds
indicated the relocation of the trees will occur on site. The board questioned parking for
penthouse, prices of the units and impact on local schools. Ms. Delegal indicated that all
school board requirements and permissions would be met.
Planning and Zoning Advisory Board
AGENDA JUNE 15,2005
Chairman Fetscher opened the item for public comment:
7:55:14 PM Rose Van Witzenburg, 4535 SW 30th Way, (rear of the project). Questions regarding
zoning district R-3 and restriction of the percentage of rentals in a unit. Mr. Leeds answered
questions relating to the R-3 zoning and the condominium restrictions.
7:57:47 PM Jay Field 4501 SW 30th Way. Concerns about the amount of lighting from the
project, feels there should be directed lighting down on to the ground. Mr. Field requested
sound proofing for development in this neighborhood and expressed concern about docks
at the site.
Corinne Church, Principal Planner, indicated that the lighting plan indicates zero light
spillage.
Hearing no further comments from the public. The public hearing was closed.
Hearing no further discussion by the board a motion made by Edward Bourgious, seconded
by Patrick Schilling, to recommend approval of the request with incorporation of Exhibit "A
indicating staff's recommendations and that waiver for the pervious area deductions are
approved by the City Engineering consultant. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
Dr. Paul Fetscher - Yes
5) Request by Richard Coker Jr., Esq., on behalf of the property owner B & JCM Properties,
LLC., for property generally located at the northwest corner of Interstate 65 and Stirling
Road. The request is for:
a) VA-25-05— Variance request to:
1) Allow a 6 story hotel; (The Dania Beach Code of Ordinances allows a maximum of 5
stories, per Chapter 28, Zoning Section 18.60 (a) — IROM Area Requirements.)
2) Allow 153 parking spaces; (The Dania Beach Code of Ordinances requires 175
spaces, per Chapter 28, Zoning, Section 6.21 — Off-Street Parking Requirements).
3) Allow a pole sign with an area of 180 square feet; (The Dania Beach Code of
Ordinances permits a 48 square foot sign, per Chapter 28, Zoning, Section 28-140—
Sign Regulations for shopping centers, office complexes and industrial complexes
within 1,000 feet of 1-95 or 1-595).
4) Allow 1 wall sign on the north and south elevations of the property uNhere none are
permitted; (The Dania Beach Code Ordinances permit one (1) sign per street
frontage, per Chapter 28, Article 28— Signs).
b) SP-16-04 — Site plan request approval to allow the proposed construction of a 150
room hotel with associated parking and pool.
i
Planning and Zoning Advisory Board
AGENDA JUNE 15,2005
Petitioner addressed Aboard: Attorney Rod Feiner addrefed the board to describe the
project request for a 6 story, 150 room hotel located at Stirling Road and 1-95. Mr. Feiner
indicated that the City Commission has previously approved the Plat and restrictions of a
hotel for this property. Mr. Feiner described each of the variance for the board. Indicated
that they are amending their request for a 180 square foot pole sign to an area of 100
square feet consistent with staff's recommendation.
8:16:08 PM
Corinne Church, AICP, Principal Planner, Community Development, described the variance
requests indicating concerns with parking would like to see the shuttle service commitment
by the applicant. Ms. Church described the sign variances, indicating that staff is
comfortable with a 100 square foot pole sign. Ms. Church described the site plan for the
150 room hotel and actions during the past week relating to the project. Ms. Church stated
that she is waiting for the City Engineer to review the recent changes to the plan. She also
described safety concerns in the area and that BSO has made recommendations which the
petitioner has reviewed and agreed to. Ms. Church closed her summation indicating that
staff is recommending the following:
Approval of all of the variances with the conditions that:
1) Commitment made with airport shuttle service to address the parking variance issue;
2) Approval of 100 sq ft pole sign;
3) Conditions stated on Exhibit "A" and the BSO CEPTED report be addressed prior to City
Commission hearing;
Attorney Feiner answered questions regarding the number of employees and parking on the
site along with the proposed airport shuttle service. The petitioner agreed that the shuttle
service could be extended to the cruise ships as well. Mr. Leeds described the problems
with the surrounding hotels and crime and the reasoning for the CEPTED review and
recommendations.
Chairman Fetscher opened the item for public comment:
8:27:59 PM Claude Rivers 2722 Gary Street, speaking on behalf of Mrs. Hill who is the property
owner surrounding the site. Ms. Hill had concerns about trespassing and overflow parking
on her site and liability issues for her property. Ms. Hill is opposed to any parking variances
for the site.
8:30:29 PM Benjamin Hill 1516 Jefferson Street. Spoke regarding existing access to the existing
residence adjacent to the site and access for tractor trailers on to the nursery site.
Attorney Feiner agreed to work with the adjacent property owner regarding gaining access
to their site. (Additional condition) Applicant will provide documentation for perpetual use of
the shuttle and if discontinued will be considered a code enforcement violation of the site
plan. (Additional condition)
Hearing no one and seeing no one further, the public hearing was closed.
Hearing no further discussion by the board a motion made by Patrick Schilling, seconded by
Edward Bourgiois, to recommend approval of the request with the incorporation of staff's
conditions and the additional conditions that 1) Applicant will work with the adjacent
Planning and Zoning Advisory Board
AGENDA JUNE 15,2005
property owner (Hill) relfrding access to their site; 2) Applicot will provide documentation
for perpetual use of shuttle service. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling Yes
Dr. Paul Fetscher - Yes
Adjourn.8:42:05 PM
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Planning and Zoning Advisory Board
AGENDA JUNE 15,2005