HomeMy WebLinkAbout2005-09-29 Planning & Zoning Advisory Board Minutes _ MINUTES
—' • CITY OF DANIA BEACH •
PLANNING AND ZONING ADVISORY BOARD
REGULAR MEETING
Commission Chambers
Thursday, September 29, 2005
7:00 P.M.
ROLL CALL
Edward Bourgeois - Present Also Present:
Lottye Crooms - Excused 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 made by George Jason seconded by Patrick Schilling to excuse Lottye Crooms.
Motion passed unanimously.
PLANNING AND ZONING BOARD ITEMS
*Janet Luda, Holland & Knight requested that item 1 be moved to the second item on the
agenda until the architect arrives. At this time Item #2 was addressed
2) VA-50-05— Owner, John Glarentzos is requesting a variance for a monument sign at the
Citgo Gas Station located at 1040 South Federal Highway, Dania Beach. The request is to
allow a monument sign zero feet from the intersection of SW 11 Street and Federal
Highway; Chapter 28, Zoning, Article 28, Signage requires a setback of 30 feet from the
intersection of any 2 streets.
The property owner, John Glarentzos addressed the board. Corinne Church, AICP, Principal
Planner, asked that the item be continued due to inadequate information. Laurence Leeds,
AICP, Director, Community Development, reiterated that the item cannot be reviewed due
ambiguous and conflicting plan information.
Hearing no further staff or board discussion a motion was made by Patrick Schilling,
seconded by George Jason, to recommend continuance of variance request VA-50-05.
Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
George Jason - Yes Dr. Paul Fetscher - Yes
Planning and Zoning Advisory Board Meeting
MINUTES SEPTEMBER 29, 2005
*At this time item #1 was addressed:
1) Trivium at Marina Mile, LLC, on behalf of the property owner Hugh McCauley, for
property located at the southeast corner of State Road 84 and SW 26 Terrace.
VA-52-05 - Variance to reduce the required parking to allow 235 parking spaces; (Chapter
28 Zoning, Article 6.20, "Schedule of Off-Street Parking Requirements", requires that 238
spaces be provided.)
SP-28-05 — Site Plan Request to allow the construction of 59,427 square feet of office
space with associated parking and gated entrance.
Janet Luda with Holland & Knight addressed the board, introduced the project team and
described the variance and site plan request by Trivium LLC. Ms. Luda introduced Ms.
Tamara Peacock to the board. Ms. Peacock addressed the board describing the design
concept of the project. Ms. Luda introduced Mr. Chris Barton to the board. Mr. Barton
addressed the landscaping plan for the site. Ms. Luda closed indicating that they would be
happy to address any concerns the board may have.
Corinne Church, AICP, Principal Planner indicated that the subject property is located at the
southeast corner of State Road 84 and SW 26 Terrace on a property with a significant oak
hammock. She further stated that the proposed project will provide 59,427 square feet of
office space while preserving much of the existing tree canopy. Ms. Church described the
variance request and site plan to the board
Ms. Church described the following comments by staff, BSO and the city's' landscape
consultant, indicating that the applicant has agreed to provide 24-hour security personnel on
site.
Ms. Church further stated that Broward Sheriffs Office has responded that "As long as the
applicant hires and maintains adequate security officers to patrol the property 24 hours a
day, this would be acceptable". She further stated that the city cannot enforce applicant's
commitment to provide 24 hour security.
Ms. Church went on to described the landscape consultant's comments stating that there are
163 existing trees on site, and of these, 71 trees will be relocated, 11 trees will remain, and
81 trees (including 31 Laurel Oaks) will be removed. No live oaks will be removed and the
applicant is providing new equivalent replacement vegetation throughout the site.
Planning and Zoning Advisory Board Meeting
MINUTES SEPTEMBER 29, 2005
Ms. Church indicated all of staffs comments have b addressed, except for the
following: 0
1. Provide fire flow calculations to be prepared by a professional engineer currently licensed
in Florida in accordance with ISO requirements (Fire Marshall).
17.Show on plan a value of$1,200.00 for each Washington Palm that is being relocated on-
site (Landscape Consultant).
18.Change (and show on plan) the value of the Live Oak being preserved to $12,000.00
(Landscape Consultant).
19.Modify the tree preservation plan for Items 10— 18 above (Landscape Consultant).
20.Prior to issuance of any tree removal or relocation permit, provide a $72,524.00 bond to
cover the cost of tree replacement for trees which die within one year of relocation
(Landscape Consultant).
21.Prior to issuance of any tree removal or relocation permit, or any development permit,
provide City$49,868.50 for trees being removed from the site (Landscape Consultant).
Ms. Church closed stating that the applicant needs to address staffs site plan comments
items 1 and 17-21 prior to commission hearing.
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 Patrick Schilling,
seconded by George Jason to recommend approval of the variance request VA=52-05 with
staffs conditions.
Motion made by Patrick Schilling, seconded by Edward Bourgeois, with staffs conditions, to
recommend approval of the site plan request SP-28-05.
Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
George Jason - Yes Dr. Paul Fetscher - Yes
3) VA-51-05 — The owner, Doreen Bartley, is requesting a variance to reduce the side
setback for the construction of a single family house at 250 SW 4 Street. The variance
request is as follows:
a) To allow the construction of a single family home on a 47 foot wide lot; code
required a minimum 60 foot lot.
b) To allow a 5.5 foot side setback; code requires a 7 foot setback.
Planning and Zoning Advisory Board Meeting
MINUTES SEPTEMBER 29, 2005
John Bartley addressed board for Doreen Bartley. Mr. fey described the project as
construction of a single ly home and the reason for the lolWe and setback variance.
Corinne Church, AICP, Principal Planner described the variance request to the board
indicating that the subject property is a vacant lot, 47 feet wide. Today the zoning code
requires a 60 foot minimum lot width to build a single family house in an RD-8000 (Duplex)
zoning district. Ms. Church stated that there is no vacant land to the east or west of the
property that can be combined with the subject property to create a larger, conforming lot,
however, the applicant is requesting to provide 5 foot side setbacks instead of the 7 feet
required by code.
Ms. Church indicated that the property is surrounded by existing homes on both sides.
Under these circumstances, the applicant appears to have a legal hardship supporting the
variance to the lot width and as to the setback variance there appears to be no hardship to
justify this request. The applicant shall demonstrate this hardship to the Planning and Zoning
Board.
Ms. Church indicated that the applicant must provide the following:
1) Provide setback from stoop to property line; to extend more than 36";
2) Correct hedge location around a/c unit;
3) Must provide 20' x 20' clear garage space for 2 cars, or 10' x 20' for 1 car;
4) Address garage plan to provide space for car;
Mr. Leeds, AICP, Director, Community Development, addressed the boards concerns
regarding the lots in this area and the code as it relates to setbacks and drainage issues.
Chairman Fetscher opened the item for public comment. Hearing no one and seeing no
one, the public hearing was closed.
John Bartley addressed the board describing the drainage issue and the setback request.
Further discussion regarding the setback and variance criteria by staff, the board and the
petitioner.
Hearing no further staff or board discussion a motion was made by George Jason, seconded
by Patrick Schilling, to recommend approval of the variance request VA-51-05 (Lot Size)
incorporation staffs conditions. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
George Jason - Yes Dr. Paul Fetscher - Yes
A motion was made by Edward Bourgeois, seconded by George Jason to recommend
approval of the variance request VA-51-05 (Setbacks). Motion failed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - No
George Jason - Yes Dr. Paul Fetscher - No
Planning and Zoning Advisory Board Meeting
MINUTES SEPTEMBER 29, 2005
4) Text Amendment — Aardinance amending the City of EAwn Beach's Comprehensive
Plan, Future Land Use to identify the designation of hist property as designated by
the City Commission.
• Nyberg-Swanson House at 101 West Dania Beach
• Dania Woman's Club at 117 NW 1 Avenue
• Bank of Dania at 2 South Federal Highway
• Dania Beach Hotel at 180 E Dania Beach Boulevard
• Hotel Poinciana at 141 NW 1 Avenue
• Martin C. Frost Residence at 400 South Federal Highway
• Art J. Ryan House at 215 SW 6 Street
• Private Residence at 101 SE 2 Street
• C. M. Phillips Residence at 802 SW 2 Avenue
• Ocean Waterway Mobile Home Park, Office Building at 1500 West Griffin Road.
• Eureka Masonic Lodge 269 F. A. M. at 101 SE 1 Avenue
• A. E. Anderson House at 323 SW 1 Avenue
• Crudup-Hansen House at 38 SW 5 Street
It was noted by the City Attorney to remove the Masonic Lodge, Phillps House and the
Anderson House.
Hearing no further staff or board discussion a motion was made by Patrick Schilling,
seconded by George Jason to recommend approval of the Comprehensive Land Use map
amendment. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
George Jason - Yes Dr. Paul Fetscher - Yes
5) Text Amendment— Student Station Fee Interlocal Agreement
AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES
OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 6
"SUPPLEMENTARY USE REGULATIONS," SECTION 6.56, "LOCAL ACTIVITY CENTER
(LAC)" TO IMPLEMENT THE REQUIREMENTS OF THE TRI-PARTY INTERLOCAL
AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND BROWARD
COUNTY FOR EDUCATIONAL MITIGATION FEES TO BE PAID BY RESIDENTIAL
DEVELOPMENT IN THE LAC; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Laurence Leeds, AICP, Director Community Development Department addressed the board
describing the creation of the Local Activity Center land use designation. Mr. Leeds
indicated that the School Board has required an impact fee for residential development in the
Local Activity Center.
Thomas Ansbro, City Attorney described the amendment to the Student Station Fee —
Interlocal Agreement.
Chairman Fetcher opened the item for public comment.
Planning and Zoning Advisory Board Meeting
MINUTES SEPTEMBER 29, 2005
Hearin no further staff discussion a motion was ma0b George Jason seconded
Hearing Y 9 ,
by Edward Bourgeois to recommend approval of the text amendment relating to student
station fees / Interlocal Agreement. Motion passed on the following roll call:
Edward Bourgeois - Yes Patrick Schilling - Yes
George Jason - Yes Dr. Paul Fetscher - Yes
Motion to adjourn passed unanimously.
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.
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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.
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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 Meeting
MINUTES SEPTEMBER 29, 2005