HomeMy WebLinkAbout2004-02-18 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday, February 18, 2004
7:00 P.M.
ROLL CALL -
Present Also in Attendance
Victor Lohmann Laurence Leeds, Director Community Development
Gary Luedtke Corinne Church, Principal Planner
Edward Bourgeois Thomas Ansbro, City Attorney
George Jason
Lottye Crooms
Laurence Leeds, AICP, Director, Community Development Department addressed the Board
requesting a change to the agenda to move item 8, regarding the schematic design drawings of
the proposed pier restaurant to the first item on the agenda. The board moved unanimously to
hear item 8 at this time.
8) Request by staff to recommend approval of the schematic design drawings of the
Pier Restaurant.
Bonnie Temchuk, Assistant to the City Manager addressed the board requesting approval
of the schematic design of the Pier Restaurant. Ms. Temchuk referenced the memo from
Ken Koch, Building Official, which outlined the project and copy of the plans. Ms. Temchuk
answered questions regarding budget and construction of the project, stating that the cost
was allocated in a capital improvement plan in the amount of$650,000.
Bonnie Temchuck responded to the board's concerns noting budget constraints, code
regulations and laws that needed to be adhered to, stating that staff has reviewed at 4
alternatives of the plan, and based on the Commission's instruction, the schematic
submitted at this time is the best plan to fit all the requirements. Ms. Temchuck responded
to further questions by the board regarding hurricane soundness, appearance, and
insurance liability.
At this time Chairperson Crooms opened the item was for public comment. Hearing no one
and seeing no one the item was closed.
Motion made by Edward Bourgeois to recommend approval of the schematic design with
the condition that the plan comes back to the board so that they can see the final
construction drawings, motion seconded by George Jason.
The following concerns from board members to be included in the motion: Victor Lohmann
— relating to substandard building materials -wants assurance of the duration and longevity
of the structure; Gary Luedtke — relating to hurricane protection — wants to have stronger
concrete pilings poured; George Jason — relating to design / appearance - wants it to look
less like Islamorada. Attorney Ansbro explained again that the plan would be forwarded to
the City Commission with the Board's comments.
Planning and Zoning Advisory Board
MINUTES 1 February 18, 2004
f
Motion failed on the following roll call:
Victor Lohmann - no Edward Bourgeois - yes
Gary Luedtke - no George Jason - yes
Lottye Crooms - no
Motion made by Victor Lohmann to recommend denial of the schematic design plan. After
passing the gavel, the motion was seconded by Chairperson Lottye Crooms. Motion
passed on the following roll call:
Victor Lohmann - yes Edward Bourgeois - no
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
1) Request by Charles Putnam & Associates, representing Barry N. Morris c/o Ocean
Development, LLC, for property located at East of Gulfstream Road and North of
Dania Beach Boulevard, Dania Beach, Florida, for the following:
RZ-70-03 — Rezoning request to rezone approximately 19.41 acres from C-2 (Commercial)
and RM (Multi-family) to RM-2 (Multi-family).
SE-71-03— Special Exception request to approve a Planned Unit Development (PUD-2) in a
RM-2 zoning district.
VA-72-03 — Variance request to allow a reduction in interior side yard building setbacks, a
reduction in interior side yard balcony setbacks, and an increase in building height as
follows:
East Side Yard 40' NPROPM
P18'
West Side Yard 40' 37' 36' 34'
Height 62 feet 160 feet n/a n/a
The above requests are in conjunction with a proposal to construct a 15 story multifamily
residential building on a parcel of land located on the north side of Dania Beach Boulevard
approximately 300 feet east of the Motel Six.
Laurence Leeds, AICP, Director of Community Development addressed the board
describing the project. He summarized each requests as follows:
• Rezoning - the property is currently zoned residential (RM) on the rear portion and
commercial (C-2) on the front porch adjacent to Dania Beach Blvd. The zoning
change would allow the entire parcel to build 15 units an acre. Staff recommended
approval.
• The Special Exception (PUD Master Plan) is a zoning district overlay on top of the
rezoning request to allow the Board and Commissioners to apply flexible planning
Planning and Zoning Advisory Board
MINUTES 2 February 18, 2004
criteria to individual PP
projects. Staff recommended approval based on the submitted
P
master plan, subject to conditions listed in staff report.
• The Variance to allow reduction and interior side yard and balcony setback; and
increase in building height. Staff recommended approval subject to City Commission
approval.
Attorney Bonnie Miskel, representative for the applicant, addressed the board describing
the requests, and to answer any questions the board may have.
Chairperson Crooms opened the item for public comment.
Scott Schultz of 1950 S. Ocean Drive, Hallandale, expressed concerns about wildlife
(monkeys).
Teddy Bohannan, resident of Dania Beach expressed concerns about wildlife.
Bonnie Miskel stated that the client will comply with all animal relocation requirements.
Conservation area will be fenced off to deter animals from construction site to ensure their
safety.
Hearing no one further, the public hearing was closed.
Motion made by Victor Lohmann, seconded by George Jason to recommend approval of
rezoning request (RZ-70-03) to rezone approximately 19.41 acres from C-2 (Commercial)
and RM (Multi-family)to RM-2 (Multi-family). Motion passed on the following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - no George Jason - yes
Lottye Crooms - yes
Motion made by Victor Lohmann, to recommend approval of the Special Exception request
(SE-71-03) for a Planned Unit Development (PUD-2) in a RM-2 zoning district subject to
conditions listed below:
(1) City Commission approval of RM-2 zoning.
(2) Submission of a detailed site plan package within six (6) months with PUD Special
Exception approval.
(3) Unity of Title (connecting all described parcels) to be approved by the City Attorney and
recorded at Broward County prior to City Commission PUD Special Exception approval.
(4) Deed restriction, special exception/variance condition, or some other legal mechanism
(approved by the City Attorney) by which the applicant can voluntarily restrict the
development of this parcel to condominium. The voluntary restriction should be
enforceable against subsequent owners.
(5) The applicant's attorney shall submit documentation that applicant, individually and in a
corporate capacity, for all lots included within this project, understands and agrees that
special exception approval confers no vested rights or entitlements with respect to any the
following:
(a) Site design, building design, parking configuration, architecture, or Fire-Rescue
Department requirements.
(b) Compliance with water, sewer, paving, and drainage requirements.
Planning and Zoning Advisory Board
MINUTES 3 February 18, 2004
c Compliance fenvironmental re ulations of an other overnment agency.
( ) P9 Y 9
(d) Site plan approval by the City Commission.
and with the additional condition that the north wetland easement dedication be submitted
and approved prior to the issuance of building permits; seconded by George Jason. Motion
passed on the following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
East Side Yard 40' 24, 36' 18'
West Side Yard 40' 37' 36' 34'
Height 62 feet 160 feet n/a n/a
Motion made by Gary Luedke and seconded by George Jason to recommend approval of
variance request VA-72-03, to allow a reduction in interior side yard building setbacks, a
reduction in interior side yard balcony setbacks, and an increase in building height(as stated
in the table above), subject to City Commission approval of the RM-2 zoning, special
exception PUD approval and conditions, including the additional condition that the north
wetland easement dedication be submitted with site plan in draft form and the finalized
version submitted prior to the issuance of building permits. Motion passed on the following
roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
2) VA-88-03 — Request by Pastor Torrey Phillips representing Gospel of Christ Church
for a variance from parking requirements associated with the operation of an
auditorium, meeting room or chapel to provide 5 parking spaces, where Chapter 28,
Article 6, "Off Street Parking Requirements" state that 25 spaces are required.
Laurence Leeds, AICP, Director Community Development, described the proposed variance
request to the board. Discussion by the board and staff regarding the request suggesting a
sunset condition on the parking variance.
Attorney David Laurence, representing the Gospel of Christ Ministries, addressed the board
discussing possible solutions to the boards concerns. Mr. Laurence suggested that on
Sundays, the Dania Beach municipal parking lot can be used and that parking at Canterbury
Square, which is owned by Steven Casper, can be used. He also stated that services are
only 5 hours a week on Sunday, and that Tuesday and Wednesday evenings are primarily
being used for bible study and choir practice.
Planning and Zoning Advisory Board
MINUTES 4 February 18, 2004
Attorney Ansbro responded to the boards' suggestion of a sunset provision, stating that this
practice could be included into a motion but that the problem with a sunset provision is that it
has never been approved before and could start precedence for other variance requests.
After further discussion with the owner of the property Steven Casper, the board and staff,
Chairperson Crooms opened the item to the public for comment.
Patricia Hart, Classic Properties and Chamber of Commerce Director, stated that she
supports the variance request.
Hearing and seeing no one further, the public hearing was closed.
After further discussion by the board, a motion was made by Victor Lohmann to recommend
approval of variance request (VA-88-03) from parking requirements associated with the
operation of an auditorium meeting room or chapel, providing 5 parkin
g spaces, where
Chapter 28, Article 6, "Off Street Parking Requirements" requires 25 spaces, with the
condition of a sunset provision for 12 months, seconded by Lottye Crooms. Motion failed on
the following roll call:
Victor Lohmann _ yes Edward Bourgeois _ no
Gary Luedtke no George Jason no
Lottye Crooms - yes
3) SP-64-03 - Request by Ronald Tomecek, on behalf of Equal Six Corporation for site
plan approval to construct two (2) industrial buildings and associated parking located
at the 600 block of Phippen/Waiters Road (Lot 6, Block 1 College Tract, first addition
and all of Tract"G" College Tract, third addition).
VA-04-04 — Request for a variance to allow a six (6) foot high picket fence, where the
maximum allowed is four(4)feet, at front of property adjacent to Phippen/Waiters Road.
Corinne Church, Principal Planner, addressed the Board describing the project. Ms. Church
gave a brief summary of the proposed construction of two (2) industrial buildings with
associated parking, and a variance request to allow a six (6) foot high picket fence, where
the maximum allowed is four (4)feet, at front of property adjacent to Phippen/Waiters Road.
Staff recommended approval of the variance and site plan request with the condition that the
parking calculations are based on building trade uses.
Mr. Ronald Tomecek, owner and developer of the property stated that some of the
warehouse units will be owner occupied and some will be tenant occupied.
The board raised questions regarding maintenance of the building and landscaping,
ownership of the lots to the west, photometric plans and assurance of the types of uses
which will occupy the warehouse.
At this time Chairperson Crooms opened the item to the public for comment.
Brenda Blackmon of 20 SW 7 Ave. & 718 SW 4 St. Dania Beach; President of College
Gardens Neighborhood Association, spoke in opposition of a cement fence in neighborhood.
Planning and Zoning Advisory Board
MINUTES 5 February 18, 2004
Ms Blackmon t e •stated that College Gardens Neighborhood Association does not support the
project due to the devaluation of properties in the area. She asked that the fences meet
standard code requirements and no exception to any variance request be considered.
Faye Bartelmes of 214 SW 2"d Terrace, Dania Beach spoke against project.
Milton Jones of 1999 Sunrise Key Blvd., Ft. Lauderdale, spoke in opposition to granting of
variance. He does not feel the petitioner has proved any hardship and that there will be a
negative impact on surrounding properties.
Brenda Blackmon, would not like to see a fence, but rather see beautiful landscaping.
Albert Jones of 722 SW 3rd St., Dania Beach stated that this property was supposed to be
the site of a community center using Community Block Grant dollars. He feels that the
proposed development is not in the best interest of the community.
Hearing no one further, the public hearing was closed.
Discussion by Board continued regarding photometric plans, dumpster enclosures, utility
easement versus the 8' precast wall.
Mr. Tomacek addressed the easement concerns stating that the City's Public Services
Director, Michael Sheridan had requested for a 15' utility easement around the perimeter of
the property and approved the fence installation. The power line is above and outside the
subject property and is on the railroad right of way.
The board discussed the proposed fence. Ms. Blackmon again addressed the board stating
that in the best interest of the neighborhood, requests that the item be tabled and the
revisions brought back to the neighborhood association for their review. Mr. Tomachek
agreed to meet with the neighborhood association to review the site plan.
Motion made by Victor Lohmann, to recommend approval of the site plan request (SP-64-
03) by Ronald Tomecek, on behalf of Equal Six Corporation to construct two (2) industrial
buildings and associated parking with the condition that the petitioner meet with College
Gardens Homeowners Association; seconded by Gary Luedtke. Motion passed on the
following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
Motion made by Victor Lohmann to recommend denial of the variance request (VA-04-04)
for the fence height, seconded by Gary Luedtke.
The motion passed on the following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
Planning and Zoning Advisory Board
MINUTES 6 February 18, 2004
• •Giordano & Associates
4) VA-82-03 Request by Shelly Eichner, on behalf of Calvin G ,
Inc. for a variance to allow a 10 foot high entry wall sign approximately 10 feet high (8
feet allowed) for a property located on the west side of Ravenswood Road at
Gulfstream Way(Griffin Lakes).
Corinne Church, Principal Planner addressed the board describing the variance request. Ms.
Church stated that the applicant is requesting a variance to allow the entry wall sign to
exceed the maximum allowable height of a wall by two (2)feet. The additional height will be
utilized for the ten (10) foot wide entrance sign only, which will result in an overall structural
height of 10 feet. Decorative iron work is incorporated in the design of the entry wall sign
structure on the sides and above the structure. The additional two (2) feet proposed will
help articulate the entrance to the project. Staff is recommending approval of the variance
as submitted using the following landscaping:
• 3 Royal Palms 24' over all height
• 2 Fern Palms, 10-12' height
• 6 Fan Palms, 14-20' over all height
• Hibiscus, annuals,junipers, etc, flowering hedge and ground cover
Tammy Cook of Calvin Giordanno and Associates addressed the board to answer any
questions they may have regarding the request.
Chairperson Crooms opened the item for public comment. Hearing no one and seeing no
one the public hearing was closed.
Motion made by Gary Luedtke to approve variance request VA-82-03, seconded by George
Jason. The motion passed on the following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
5) VA-90-03 — Request by Boris Dolinski, on behalf of Rigoberto and Esperanza Morfin,
for a sign variance to exceed the maximum sign area on two (2) signs by 10.5 square
feet and to locate one sign facing an internal side yard when signs facing street
frontages only are allowed for a property located at 48 south Federal Highway. Mr.
Dolinski is requesting the following variance:
1. Exceed the maximum sign area on two (2)signs by 10.5 square feet.
2. Exceed the maximum vertical height allowed on two (2)signs by 1.5 feet.
3. Allow one (1)sign to face an internal side yard.
Corinne Church, Principal Planner, addressed the board describing the variance (sign
adjustment) request to the board. Ms. Church concluded her summation stating that staff
recommends the following:
1. Deny the applicant's request for additional sign area.
2. Deny the applicant's request for additional vertical height of signage.
3. Approve the applicant's request to locate one sign on the north facade, facing Federal
Highway and one sign on the north fagade facing the parking lot next to the building,
Planning and Zoning Advisory Board
MINUTES 7 February 18, 2004
• •
subject to:
a) Both wall signs have a dark background color and light letter color.
b) No signage shall be permitted along the west building face (SW 1 st Avenue).
Patricia Hart of Classic Properties addressed the board representing the petitioner
explaining the hardship request.
Chairperson Crooms opened the item for public comment. Hearing no one and seeing no
one the public hearing was closed.
The board discussed comments regarding the signage request.
Motion made by Victor Lohmann to recommend denial of the sign adjustment request (VA-
90-03 #1) relating to the maximum sign area on two (2) signs by 10.5 square feet;
recommend denial of (VA-90-03 #2) to exceed the maximum vertical height allowed on two
(2) signs by 1.5 feet; and recommendation to approve (VA-90-03#3)to allow one (1) sign to
face an internal side yard, seconded by George Jason. Motion passed on the following roll
call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - no George Jason - yes
Lottye Crooms - yes
6) PL-94-03 — Request by Mikki Ulrich/Deni Land Surveyors on behalf of Scaltex USA.
Inc. and Dania Homes, for a perimeter plat for the property located at east of the
Danians Condominium on East Dania Beach Boulevard.
Corinne Church, Principal Planner, addressed the Board describing the preliminary plat
request. Staff is recommending approval with the following conditions:
• Developer must be able to demonstrate emergency vehicle ingress/egress and required
turning area (Fire Marshall).
• Developer must obtain an opinion from the City Attorney addressing that portion of the
plat currently occupied by a parking lot associated with the Danian's Condo clubhouse.
• The Planning and Zoning Advisory Board may make a recommendation to the City
Commission regarding the appraisal.
Ms. Church replied to the boards concerns relating to the billboard sign by the entrance
indicating that the billboard would eventually be removed.
Joseph Kaller, Architect, representing the applicant, addressed the board describing the
preliminary plat request and to answer any questions the board may have.
At this time Chairperson Crooms opened the Item for public comment. Hearing no one and
seeing no one the public hearing was closed.
Mikki Ulrich of Deni Land surveyors addressed the board to answer any further questions
the board may have.
Planning and Zoning Advisory Board
MINUTES 8 February 18, 2004
Motion made by Gary Luedtke to recommend approval of the preliminary plat request,
seconded by Victor Lohmann. Motion passed on the following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
7) Text amendments to IR, IG, and C Districts.
a. An ordinance amending the permitted and special exception uses in the City's
Commercial (C-1, C-2, C-3, C-4) zoning districts and Industrial-Restricted (IR) zoning
district and establishing distance requirements for certain uses.
b. An ordinance repealing and replacing the IG Industrial-General zoning district with a
new IG Industrial-General zoning district, creating permitted, prohibited and special
exceptions uses, required conditions, area requirements, and establishing distance
requirements for certain uses.
c. An ordinance amending the IRO Industrial-Research-Office zoning district in regard to
permitted uses, special exception uses, area and height restrictions, and establishing
distance requirements for certain uses.
d. An ordinance amending the parking code.
Laurence Leeds, AICP, Director of Community Development addressed the board
summarizing the proposed code text changes.
Staff suggested one change to ordinance (a) "amending the permitted and special exception
uses in the City's Commercial (C-1, C-2, C-3, C-4) zoning districts and Industrial-Restricted
(IR) zoning district and establishing distance requirements for certain uses", and on page 5,
column 3 — C Districts - Fortune Tellers to add the text "or house of worship or school" The
zoning changes are necessary to bring the commercial zoning districts into compliance with
the comprehensive plan and encourage quality commercial redevelopment.
Motion made by Victor Lohmann to approve
a. An ordinance amending the permitted and special exception uses in the City's
Commercial (C-1, C-2, C-3, C-4) zoning districts and Industrial-Restricted (IR) zoning
district and establishing distance requirements for certain uses; with a change on Page
5, Column 3- Fortune Tellers to add the text"or house of worship or schoor;
b. An ordinance repealing and replacing the IG Industrial-General zoning district with a
new IG Industrial-General zoning district, creating permitted, prohibited and special
exceptions uses, required conditions, area requirements, and establishing distance
requirements for certain uses.
c. An ordinance amending the IRO Industrial-Research-Office zoning district in regard to
permitted uses, special exception uses, area and height restrictions, and establishing
distance requirements for certain uses.
Planning and Zoning Advisory Board
MINUTES 9 February 18, 2004
i
d. An ordinance amending the parking code.
Seconded by George Jason. Motion passed recommending approval of all four ordinances
on the following roll call:
Victor Lohmann - yes Edward Bourgeois - yes
Gary Luedtke - yes George Jason - yes
Lottye Crooms - yes
Meeting Adjourned
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSION
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 INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF
THESE PROCEEDINGS SHOULD CONTACT MIRIAM NASSER,ACTING CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL
33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO MEETING.
Planning and Zoning Advisory Board
MINUTES 10 February 18, 2004