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Home My WebLink About2004-08-18 Planning and Zoning Board Minutes w '�,, •ISO MINUTES , " 'o= CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Wednesday, August 18, 2004 ram. ► 7:00 P.M. ROLL CALL Edward Bourgious -Vacation Also Present: George Jason - Present Laurence Leeds, AICP, Director Community Development Victor Lohmann - Present Corinne Church, AICP, Principal Planner Gary Luedkte - Excused Thomas Ansbro, City Attorney Lottye Crooms, Chairperson - Present Gloria Brandes, Board Clerk Motion made by George Jason seconded by Victor Lohmann to excuse Gary Luedtke and Edward Bourgious. Motion passed unanimously. APPROVAL OF MINUTES— a) March 17, 2004 Local Planning Agency b) March 17, 2004 Regular Meeting c) June16, 2004 Regular Meeting Motion made by George Jason seconded by Victor Lohmann to approve the minutes from March 17, 2004 Local Planning Agency; March 17, 2004 Regular Meeting; and June 16, 2004 Regular Meeting. Motion passed unanimously approving the minutes from the March 17, 2004 Local Planning Agency Meting; March 17, 2004 Regular Meeting and the June 16, 2004 Regular Meeting. 1) VA-40-04 — Variance request by Joan A. Leto Trust for a variance from off street parking requirements associated with the operation of a house of worship to provide 11 parking spaces, for property located at 324 S Federal Highway, Dania Beach. Chapter 28, Article 6, "Off Street Parking Requirements" states that 29 spaces are required. Laurence Leeds, AICP, Director of the Community Development Department addressed the board, describing the variance request and further stating that due to the minimal on-site parking provided and concerns of the Fire Marshal, staff cannot recommend approval of the parking variance request. It was noted for the record that a letter of objection was submitted from Rhonda Hollander, Esq., owner of property to the north. At this time Angela Leto, representing Joan Leto, owner of the building for the tenant New Covenant Church, Pastor Belidor. Ms. Leto stated that she was not aware that the church had not received an occupational license, and further described the request for variance. Chairperson Lottye Crooms opened the item for public comment. Robert Simms 32 SW 4 Street, representing members of the Dania Beach Heights Civic Association, spoke with questions regarding the current parking and was opposed to the request. Planning and Zoning Advisory Board MINUTES 1 August 18, 2004 Lisa Young, President of the Dania Beach Heights Civic Association, spoke in opposition of the request. Faye Bartholemus, 214 SW 2 Terrace, spoke in opposition. Louie Soltan 306 SW 1 Avenue, spoke in opposition. Angie Leto, addressed the board regarding the concerns of the public regarding access to the site. Dalhia Belidor, Pastor for the New Covenant Church addressed the board explaining the situation regarding the church's occupational license and parking situation stating services are from 10:00 pm to 1:00 am with no meetings on Wednesday. Hearing no one and seeing no one further, the public hearing was closed and the item was brought back to the board for discussion. The board commented on the exact location of the site and the Fire Marshal's recommendation. Hearing no further discussion, motion was made by Victor Lohmann, seconded by George Jason to recommend denial of variance request VA-40-04. Motion passed on the following roll call: George Jason - Yes Victor Lohmann - Yes Lottye Crooms - Yes 2) PL-41-04 — Forest View Estates Plat — Request for approval of a perimeter plat by Howard Deichert of D.C.E.S on behalf of Stirling LLC, for property located on NW corner of Stirling Road and SW 35 Avenue. Corinne Church, AICP, Principal Planner for the Community Development Department addressed the board, describing the request for preliminary plat approval and stating that staff recommends approval contingent upon providing a commitment for title insurance. Monica Capaluto, representing D.C.E.S., addressed the board concurring with staffs comments. Mr. Leeds indicated that the applicant is providing 12,000 square feet of public park on the northeast corner of the property. Chairperson Lottye Crooms opened the item for public comment. Hearing no one and seeing no one the public hearing was closed and the item was brought back to the board for discussion. Hearing no further discussion, motion was made by Victor Lohmann, seconded by George Jason to recommend approval of the Perimeter Plat request PL-41-04 with the conditions that the applicant provide a commitment for title insurance. Motion passed on the following roll call: George Jason - Yes Victor Lohmann - Yes Lottye Crooms - Yes Planning and Zoning Advisory Board MINUTES 2 August 18, 2004 -- -----------------------------------------------0------- 3) VA-43-04 —Variance request by Phyllis and Michael Talotta for setback variances from Chapter 28 Zoning, Article 4 District Regulations, Schedule of Lot, Yard and Bulk Regulations to allow for an addition to property located at 605 SW 4 Avenue. Variance requests are as follows: 1. To provide a 4.9' side (north) setback; 7' required; and 2. To provide a 5' rear(east) setback; 15' required. Corinne Church, AICP, Principal Planner for the Community Development Department addressed the board, describing the variance request and stating that staff recommends approval of the setback variance request provided that the applicant meet the following', conditions: 1) The design of the addition should be consistent in color and architecture as the main structure. Identify existing windows and new windows. 2) Provide color detail of main structure, trim, awnings and roof material. 3) Apply for a tree removal permit prior to issuance of a building permit. The board questioned staff regarding easement and the existing water lines serving property to the north. John Bartley, builder for the applicant, addressed the board, regarding the proposed request, addressing the boards concerns regarding the utility easement. Michael Tallotta, applicant, confirmed that there is not an easement on the east side of the property. Clarification regarding the orientation of the site and the location of the proposed addition was discussed. Chairperson Lottye Crooms opened the item for public comment. Lisa Young, Real Estate Paralegal, spoke in favor of the project. Faye Bartolemus, addressed the board regarding the water meters. Hearing no one and seeing no one further the public hearing was closed and the item was brought back to the board for discussion. Hearing no further discussion, motion was made by George Jason, seconded by Victor Lohmann to recommend approval of the variance request VA-43-04 subject to staffs' conditions. Motion passed on the following roll call: George Jason - Yes Victor Lohmann - Yes Lottye Crooms - Yes ------------------------------------------------------------- 4) SP-45-04 - Site plan request by Charles Putman & Associates, on behalf of Barry N. Morris c/o Ocean Development, LLC., for the proposed construction of a 14 story multi-family residential building. Property located on the north side of Dania Beach Boulevard approximately 300 feet east of the Motel Six. Corinne Church, AICP, Principal Planner for the Community Development Department addressed the board, describing the site plan request by Ocean Development, LLC.. Ms. Planning and Zoning Advisory Board MINUTES 3 August 18, 2004 Church indicated thetaff is recommending approval sulpt to the applicant's voluntary agreement to the following conditions: 1) Developer to record City Attorney approved Unity of Title (connecting all described parcels) by December 1, 2004. 2) Developer to record deed restriction or some other legal mechanism (approved by the City Attorney) by voluntarily limiting development of this parcel to condominium. The voluntary restriction should be enforceable against subsequent owners. Document to be recorded by December 1, 2004. 3) Developer to record a conservation easement prohibiting development in the wetland area by December 1, 2004. 4) Condominium documents disclosing airport runway expansion plans (and noise impact upon project) and route of the AES Ocean Express Natural Gas Pipeline to be reviewed by staff and recorded prior to building permit approval. 5) Prior to issuance of building permits, developer to enter into an agreement with the City Commission committing to bring water and sewer service to the project (including required off-site improvements) or provide funds necessary to complete the work; agreement to be based on the recommendations of Public Services Director. 6) Developer to demonstrate compliance with infrastructure and civil engineering requirements (water, sewer, and drainage, and paving where applicable) prior to issuance of building permit (Public Services Department). 7) Developer to demonstrate (to City Fire Marshall) compliance with emergency vehicle access and fire flow requirements prior to building permit approval. 8) In the event that Conditions 1-7 are inconsistent with previous approval conditions relating to this site, Conditions 1-7 herein shall control. 9) Developer to revise site plan prior submission of construction drawings as followings: a) Demonstrated compliance with zoning code parking requirements and city traffic consultant recommendations. b) Demonstrated compliance with landscape code requirements (including submission of detailed landscape plan). c) Demonstrated compliance with wildlife city code requirements. d) Provide method of hurricane protection for windows. e) Provide setback measurements from all property lines to four corners of building (building and balconies). f) Reduce front yard wall height to four feet. g) Provide wall/fence detail. h) Provide vehicle/pedestrian signage detail. i) Efficiency apartments prohibited. j) One-bedroom units not to exceed 42% of total units. Two and three bedroom units to constitute at least 58% of total units. Laurence Leeds, AICP, Director Community Development Department addressed the board describing the project and architecture to the board. Scott Bakos, Architect for the project, addressed the board stating that staffs comments have been reviewed. Bonnie Miskel, with Ruden McClosky addressed the board regarding environmental easement concerns stating that they have submitted a conservation easement request as a condition of the license, to the Department of Planning and Environmental Protection. Planning and Zoning Advisory Board MINUTES 4 August 18, 2004 Chairperson Lottye Oms opened the item for public comme Hearing no one and seeing no one the public hearing was closed and the item was brought back to the board for discussion. Hearing no further discussion, motion was made by Victor Lohmann, seconded by George Jason to recommend approval of the Site Plan request SP-45-04 subject to staffs' conditions. Motion passed on the following roll call: George Jason - Yes Victor Lohmann - Yes Lottye Crooms - Yes 5) Request by Ed Ploski, of Craven Thompson & Associates, Inc., on behalf of Ruth B. Hodges Estate for property located at the NE corner of Griffin and Ravenswood Roads, for the following: LUF-46-04—Land Use Flex—Request for approval of flex allocation for a commercial use. PL-30-04—Airport Commerce Center Plat— Request for approval of a perimeter plat. Laurence Leeds, AICP, Director for the Community Development Department addressed the board, describing the requests for assignment of flex allocation and preliminary plat approval and stating that staff recommends approval subject to the following: 1. Approval of the Perimeter Plat subject to the applicant providing a copy of Attorney's Title Insurance Fund, Inc. Title Commitment dated 12/19/03 as identified in notes on survey. 2. Approval to assign the 20% Flex Rule for a period of two years (October 1, 2006), provided the applicant obtains County Commission approval within 1 year, (October 1, 2005.) John Millage, Attorney for the applicant introduced Jack Loos, representing the contract purchasers and Edward Ploski of Craven Thompson Engineering. Mr. Millage described the request and proposed use of the property, agreeing to staffs' recommendations and to answer any questions they may have. Jack Loos, addressed the board concerns regarding the existing billboards on the site. Chairperson Lottye Crooms opened the item for public comment. Patrica Hart, Dania Beach, spoke in favor of the project. Hearing no one and seeing no one further, the public hearing was closed and the item was brought back to the board for discussion. Mr. Leeds and Attorney Ansbro responded to questions by the board regarding the existing billboards on the site. Hearing no further discussion, motion was made by George Jason, seconded by Victor Lohmann to recommend approval of the Perimeter Plat request PL-30-04 and Flex Allocation Planning and Zoning Advisory Board MINUTES 5 August 18, 2004 N LUF-46-04, subject Gaffs' modified recommendations. On passed on the following roll call: George Jason - Yes Victor Lohmann - Yes Lottye Crooms - Yes Corinne Church addressed the board indicating that the next regularly scheduled Planning and Zoning Advisory board hearing will need to be rescheduled due to the Rosh Hannah holiday. Staff is recommending September 22, 2004 at 7:00 pm, which is one week later. The board concurred unanimously. Adjourn. 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 6 August 18, 2004