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HomeMy WebLinkAbout2005-08-17 Planning & Zoning Advisory Board Minutes . MINUTES • CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Commission Chambers Wednesday, August 17, 2005 7:00 P.M. 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 7:02:01 PM MINUTES APPROVAL - February 16, 2005 Regular; February 16, 2005 Local Planning Agency; April 20, 2005 Regular; May 18, 2005 Regular; June 15, 2005 Regular; and July 20, 2005 Regular. Amend the June 15, 2005 regular minutes indicating that "George Jason — Excused". Motion made by George Jason, Seconded by EB to approve the minutes as amended. PLANNING AND ZONING BOARD ITEMS 1) VA-35-05 — Variance request by Randi Rapp on behalf of the property owner Bryan Jahoda for vacant property located on SW 3`d Street between SW 2nd Avenue and SW 4th Avenue, in the Modelo Park Subdivision. The request is to allow the construction of a single family home on a 40 foot wide lot. (Chapter 28, Zoning, Schedule of Lot, Yard and Bulk Requirements indicate that a minimum of 60 ft. of width is required to build a single family home in an RD-8000 zoning district.) Joseph Kaller, Architect representing Bryan Jahoda, addressed the board describing the variance request to allow the construction of a single family home on a 40 foot wide lot. Corinne Church, AICP, Principal Planner, Community Development Department addressed the board describing staff's review of the variance request and surrounding conditions. Ms. Church indicated that staff is recommending approval based on the appearance of a legal hardship. Laurence Leeds, AICP, Director, Community Development Department addressed the board describing the Chairman Fetscher opened the item for public comment. Theresa Erwin, 230 SW 3`d Terrace, opposing the request. (Petition was submitted, which was recorded by the board clerk for the record 7:11:53 PM ) Randi Rapp, indicated that she is the purchaser of the lot and her son will be living in the home. Michael Creamer 220 SW 3 Terrace. Indicated that he is the property owner to the east and feels that the lot is too small for a home and would like to see a park on the lot instead. Planning and Zoning Advisory Board MINUTES AUGUST 17,2005 Joseph Kaller addressed card indicating that there is a plan i backup showing the floor plan of the home and that theIletitioner has no intention of splitting thZshome into a duplex. Mr. Kaller feels that this petition meets the requirements for a variance. Theresa Erwin addressed the board indicating that the builder built another lot on a substandard lot, feels the lot can be used as a park. Mr. Leeds described the practice of 2 family conversions in the past due to the area being zoned duplex. Mr. Leeds indicated that since that time the zoning ordinance has been changed. Further discussion relating to how to enforce a restrictive covenant on the property to assure ownership. Randi Rapp addressed the board indicating that she feels concern that the neighborhood is getting the wrong impression of the home she is trying to build. The board had concerns relating to an owners right to develop their property. Theresa Erwin addressed the board regarding the reason for the zoning changes. Hearing no one and seeing no one further, the public hearing was closed. Motion to recess in order to verify the petition with the public hearing notice. Hearing no further staff or board discussion a motion was made by Edward Bourgious, seconded by Lottye Crooms to recommend approval of the variance request VA-35-05. Motion passed on the following roll call: Edward Bourgeois - Yes Lottye Crooms - Yes George Jason - No Patrick Schilling - No Dr. Paul Fetscher - Yes 2) VA-46-05 — Site Enhancement Services on behalf of the property owner Discount Auto Parts, (1750 Stirling Road, Dania Beach), is requesting sign variances from Chapter 28, Zoning, Article 28 Signs, Section 28.180. (Principal arterial commercial design standards overlay), to: i) Allow 2 wall signs (on east and south); (Sec 28.180 (5) of the code permits 1 wall sign (on south). ii) Allow a sign with 92.82 square feet of sign area on the south elevation; (Sec 28.180 (5) of the code permits 34.5 square feet.) iii) Allow a sign with a horizontal dimension of 37'; (Sec 28.180 (5) of the code permits 30'.) iv) Allow a sign with wording of 2.5 feet in height; (Sec 28.180 (5) of the code permits 2 feet.) Steve Jacks representative of Site Enhancement services on behalf of Discount Auto Parts, addressed the board to describe the sign variance request. Corinne Church, AICP, Principal Planner, Community Development Department addressed the board describing staff's review of the variance request for signage and surrounding conditions. Ms. Church indicated that the subject property is an existing auto parts store and is zoned Commercial (C-2) and that the applicant has indicated the name of the store is changing from 'Discount Auto Parts' to 'Advanced Auto Parts'. There is currently one wall sign on the south building elevation. Planning and Zoning Advisory Board MINUTES AUGUST 17,2005 Ms. Church described that*existing building is setback 15 feet fethe road and that the property abuts undeveloped land to the east and west. She further indicated that an existing wall sign is located on the building elevation facing Stirling Road and that the applicant has not provided the area of the existing sign. Ms. Church continued that the applicant is requesting two wall signs, 92.82 square foot each, to be located on the south and east building elevations. She indicated that the zoning code permits one wall sign on the street frontage (Stirling Road), not to exceed 34.5 square feet and that the proposed total wall signage is 5.2 times this size. Ms. Church indicated that the applicant also proposes changes to building color inconsistent with Principal Arterial Design Standards criteria. The existing color (yellow) may remain, but any new color must be consistent with PAD Guidelines. Ms. Church indicated that staff is recommending denial of the color which is inconsistent with PAD Standards. Chairman Fetscher opened the item for public comment. Mr. Jacks indicated that they are willing to work with staff regarding the colors of the building. Mr. Leeds indicated that a photo simulation would be necessary. Hearing no one and seeing no one the public hearing was closed. The board had questions relating to the orientation of the signage. Mr. Jacks addressed the board's questions relating to the proposed sign. Remove the east elevation8:04:52 PM and have a larger sign on the south elevation, reducing from 120 to 92. 8:05:25 PM Discussion with Mr. Leeds regarding alternatives. Mr. Leeds recapped the proposed alternative to be, 92 sq ft on the south only color criteria per code. Hearing no further staff or board discussion a motion was made by LC, to recommend approval of seconded by (variance 2, 4, and 5 of the variance request VA-46-05 with the incorporation of staff's comments. Motion passed on the following roll call: Edward Bourgeois - No Lottye Crooms - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 3) VA-42-05 — Applicant Coker & Feiner on behalf of the property owner Evagelia Glarentzos Revocable Living Trust is requesting a sign variance from Chapter 28, Zoning Article 28.180 to allow a monument sign setback 25 feet from the intersection of Sheridan Street and Federal Highway (1554 S. Federal Highway). (Chapter 28, Zoning, Article 28— Section 28.180. Principal arterial commercial design standards overlay, requires monument signs to be placed 30 feet from the intersection of any two (2) street lines.) 8:08:37 PM Rod Feiner, Attorney with Coker & Feiner, addressed the board relating to a monument sign request by Evagelia Glarentzos owner of the Amoco gas station. Corinne Church, AICP, Principal Planner, Community Development Department addressed the board describing the subject property as an existing gasoline service station with a pole sign. Ms. Church indicated that there is an active code violation on this property regarding the non-conforming pole Planning and Zoning Advisory Board MINUTES AUGUST 17,2005 sign. She indicated that t pplicant is proposing a monument si hich will meet the provisions of the code, however the locin does not. Ms. Church stated that t applicant is requesting to locate the proposed monument sign 25 feet from the intersection of Sheridan Street and South Federal Highway, where the Zoning Code requires a 30 foot setback from the intersection of any 2 streets to insure maximum visibility for motorist. Mr. Church indicated that the applicant has indicated that locating the monument sign outside of the required 30 foot setback would conflict with the traffic circulation of fuel trucks into the site. Ms. Church indicated that staff is recommending approval based on the variance appearing to be the minimum variance reasonable necessary. 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 LC, seconded by EB to recommend approval of the variance request VA-42-05 with the incorporation of staff's comments. 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-47-05 — Variance request by Garth R. Thompson for property located at 5981 SW 37th Terrace to allow the reconstruction of a perimeter wall located 2 feet from the south property line. (Chapter 26, Vegetation, Article IV Landscape, Section 26.52 requires a 15 foot perimeter landscape setback adjacent to roadways on the Broward County Trafficway plan.) 8:14:31 PM Garth Thompson addressed the board regarding the reconstruction of a perimeter wall on his property. Mr. Thompson indicated that he would like to remove the existing wall and replace it so that he may utilize the remainder of his yard. Mr. Thompson addressed the board had questions relating to the landscaping and trees on the lot. Corinne Church, AICP, Principal Planner, Community Development Department addressed the board Indicating that the subject property was annexed into the City in 2001 and is located immediately adjacent to Stirling Road. Ms. Church stated that a perimeter wall is located parallel to Stirling Road and runs the length of the applicant's back yard as well as his neighbors to the east and west. She stated that the applicant is requesting to relocate the wall from its current location, between 8.5 feet to 9 feet from the south property line, to 2 feet from the south property line. Ms. Church stated that the applicant has indicated that he is willing erect a prefabricated wall utilizing a slat and column type construction, which would limit the amount and location of underground footers that may affect any trees. Ms. Church indicated that staff is withholding recommendation while waiting for the City's Landscape Consultant to review the proposed wall for any potential impact it may have on the existing trees. 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 EB, seconded by GJ to recommend approval of the variance request VA-47-05. Motion passed on the following roll call: Planning and Zoning Advisory Board MINUTES AUGUST 17,2005 Edward Bourgeois • Yes Lottye Crooms • Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 5) SA-43-05 — The applicant, Jaxson's Ice Cream / Monroe Udell on behalf of the property owner G & G Real Estate, is requesting a variance for a monument sign at 128 South Federal Highway to: i) To allow an 86.7 square foot wall sign with 3.4 feet in vertical dimension; (Chapter 28, Zoning, Article 28, Signs, Section 28.160 Downtown Dania Beach Redevelopment District Regulations permits a 37.5 maximum square foot sign with 2.5 feet in vertical dimension.) ii) To allow a sign 25.5 feet in length; (Chapter 28, Zoning, Article 28, Signs, Section 28.160 Downtown Dania Beach Redevelopment District Regulations permits 15 feet.) 8:22:47 PM Jerry Smith, manager of Jaxson's Ice Cream addressed the board relating to the replacement of the current monument and wall signs. Corinne Church, AICP, Principal Planner, Community Development Department addressed the board indicating that the applicant is requesting variances to replace an 86.7 square foot wall sign with a new sign containing the same square footage. Ms. Church stated that the sign is located on a shopping center setback 60 feet from the road, and that the maximum sign area allowed today is 1 square foot per 1 linear foot of frontage, with a 37.5 square foot maximum area. Ms. The new sign is equal in size to the existing sign and 2.0 times the size currently permitted by code. Ms. Church indicated that staff is recommending 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 Patrick Schilling, to recommend approval of the request for sign adjustment SA-43-05. Motion passed on the following roll call: Edward Bourgeois - Yes Lottye Crooms - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 6) Text Amendment—An Ordinance amending alcohol beverage establishment distance separation requirements. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 4, "DISTRICT REGULATIONS", AMENDING SECTION 4.201, "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS"; TO CLARIFY THAT THE SALE OF LIQUOR FOR CONSUMPTION BOTH ON PREMISES AND OFF PREMISES SHALL BE PROHIBITED IF THE ESTABLISHMENT IS LOCATED WITHIN 1000 FEET OF A CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8:26:49 PM Laurence Leeds, AICP, Director, Community Development Department addressed the board regarding the proposed text amendment which relates to package liquor stores. Planning and Zoning Advisory Board MINUTES AUGUST 17,2005 Chairman Fetscher opene*e 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 variance request VA-35-05. Motion passed on the following roll call: Edward Bourgeois - Yes Lottye Crooms - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 7) Text Amendment—An Ordinance amending sign regulations. SIGN CODE TEXT AMENDMENT TO ALLOW PERPENDICULAR PROJECTING WALL SIGNS IN LIEU OF PEDESTRAIN-ORIENTED PROJECTING SIGNS. Laurence Leeds, AICP, Director, Community Development Department addressed the board regarding modifications to the sign code relating to pedestrian friendly signage in the downtown area. 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 PS, seconded by LC to recommend approval of the text amendment. Motion passed on the following roll call: Edward Bourgeois - Yes Lottye Crooms - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes 8:31:41 PM Sign Code amendment relating to court rulings relating to billboards presented by City Attorney Thomas Ansbro. Hearing no further staff or board discussion a motion was made by PS, seconded by GJ to recommend approval of the text amendment. Motion passed on the following roll call: Edward Bourgeois - Yes Lottye Crooms - Yes George Jason - Yes Patrick Schilling - Yes Dr. Paul Fetscher - Yes Schedule Special meeting regarding impact fee ordinance on September 7'h. (Backup day to be September 6`h). Patrick Schilling indicated he would not be available at all that week. George Jason indicated he had a conflicting civic meeting. Reschedule September's regular meeting of the Planning and Zoning Advisory Board to Thursday, September 29th. Lou Ann will check all dates and contact the board members. Hearing no further information, meeting was adjourned. Adjourn. Planning and Zoning Advisory Board MINUTES AUGUST 17,2005