HomeMy WebLinkAbout2003-02-19 Planning and Zoning Board Minutes SUMMARY MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday, February 19, 2003
7:00 P.M.
Roll Call
Edward Bourgeois Laurence Leeds, ACIP, Growth Management Director
George Jason Thomas Ansbro—City Attorney
Lottye Crooms Lou Ann Cunningham—Board Clerk
Dr. Paul Fetscher
John Etling
John Etling started the meeting off by asking the public if any petitioner has any constraint or
legal consular representing them. He suggested that the meeting should go on as presented on
the agenda.
1) VA-68-02 - Request by Craig and Marylou Breines for property located at 1446 Nautilus
Isle, Dania Beach, to extend a boat-lifting device 17 feet into a 60-foot wide canal (The
Zoning Code allows boat-lifting devices to extend no more than 10% of the canal width
without a variance. In this case, the Zoning code allows boat lifting devices to extend no
more than six feet into a 60-foot wide canal).
Laurence Leeds addressed the Board and gave a summary and description of the request. Mr.
Leeds read an except of the zoning code that allows boat-lifts to extend no more than 10% of
the width of the canal — "No extension of a boat-lifting device capable of being submerged shall
extend more than ten (10) percent of the width of the waterway unless a variance is first granted
for same by the City Commission".
Mr. Leeds mentioned the four issues that are addressed upon evaluating the variance request:
i) There is at least one existing boat-lift attached to a dock near the subject parcel.
ii) Mooring and dolphin piles, also a possible obstruction to navigation, are allowed to
extend 20 feet into the canal, three feet more than the existing boatlift.
iii) The City Commission granted a similar boatlift variance in 2001 for 966 Nautilus Isle.
The variance was granted subject to review of the boat lift variance in five years.
iv) The neighborhood is primarily single family; the city wants to make sure the area
with similar situation has no possible problem of obstruction and in navigation.
Craig Breines, owner, addressed the Board explaining his request in detail. The boatlift will be
installed in the same position with two piles on the outside of boat in the canal. He has not had
any navigation incident.
Mr. Leeds asked Mr. Breines if he has any objection to reviewing of boatlift in five years.
Mr. Breines responded no and that he understood the conditions.
Chairman John Etling opened the item for public comment.
Planning and Zoning Advisory Board
MINUTES 1 February 19, 2003
Anita Serpe of 1441 NW Ast. spoke in favor. She submitted pictutf her neighbor's boat and
explained that her boat uses spring line that help push the boat away from the dock.
Hearing no one and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Paul Fetscher asked Mr. Breines regarding installation of his dock and navigation within the
canal.
George Jason questioned regarding navigation within the canal if two boats were docked
directly opposite each other.
Motion made by Paul Fetscher to recommend approval to the variance request subject to review
in five (5)years, seconded by George Jason.
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
2) VA-69-02 - Request by William F. Walton III for property located at 228 SE Park Street,
Dania Beach, for a variance to maintain a six foot high wood fence in a required front
yard (Fences may not exceed four feet in height in a required front yard).
Mr. Leeds addressed the Board and gave a summary and description of the request. He
mentioned that should the Board chose to recommend approval of the variance, approval shall
be subject to applicant removing mulch from front of the fence and restoring said area with sod
or other plantings approved by staff(90 days from Commission approval).
William Walton addressed the Board and explained his request. He is willing to comply with
staff's request.
George Jason questioned why the fence on the residential lot is conforming while the fence on
the vacant lot is built too close to the street.
William Walton responded to Mr. Jason's question that he was comparing views of how the front
yard would look like and he realized the fence on the vacant lot was a mistake and he intended
to restore to match the fence line along side as his three other neighbors.
Chairman John Etling opened the item for public comment.
Lorretta Moraine of 214 SE Park Street spoke in favor and she too would like to restore her
fence (which is recessed 26) by moving it out in line with Mr. Walton to enhance the street. She
is also aware that she has to go through the same procedure.
Hearing no one and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Motion made by George Jason to recommend denial to the variance request, seconded by Ed
Bourgeois. Motion carried to deny (3-2).
Planning and Zoning Advisory Board
MINUTES 2 February 19, 2003
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling no
Lottye Crooms no
3) Request by Shelly Eichner, Calvin, Giordanno & Associates, Inc., representing NAC
Investors, LLC, for property located at 3064 Griffin Road in the City of Dania Beach. The
request is for the following:
RZ-06-03 -A rezoning request is from T-1 (Trailer Park) and A-1 (Limited Agricultural) to
RM-2 (Residential) to allow 55 townhomes, plus the allocation of two reserve units, to
allow a total of 57 townhomes.
Mr. Leeds gave a summary and brief description of the request. He identified the goals and
objectives of the comprehensive plan of the zoning change on policy 5.4, 25.1, 4.6, and 4.7
Staff recommended supporting zoning change based on the following:
1) The zoning change is consistent with the underlying land use plan designation.
2) The zoning change is consistent with the existing and proposed land use of parcels
to the north, east, and west if the property is deed-restricted to 2 story townhouse
units sold in fee-simple, homeowner association, or condominium.
This recommendation is subject to the developer assisting the current tenants with relocations
costs.
John Etling advised Board members to make public on record that they had been contacted by
the petitioner or any parties regarding issues on the agenda.
Bonnie Miskel, attorney for Ruden McClosky, representing the developer, responded to Mr.
Leeds' comments. She informed the Board that the developer is willing to comply with staff's
recommendation to amend zoning from RM-2 to RM and voluntarily deed-restricts the property
to allow two-story townhouse units.
She informed the Board that of the 56 trailer sites, 53 were occupied, and 46 have consented to
relocation packages offered by the developer. They will continue to work with the remaining 7
occupants to their satisfaction.
She also mentioned that the state recommended relocation funds of$2000 for each single wide
trailer. The developer offered $3750 compensation to each trailer and also made arrangement
for relocation for the residents with moving expenses, special needs for the elderly, list of trailer
moving companies, and list of other mobile home park sites.
Chairman John Etling opened the item for public comment.
Chris Richter of 906 Nautilus Isle addressed the Board. She asked Ms. Miskel whether the
relocation fees of $3750 included moving of trailer and would it be enough to cover the cost of
relocation trailer. Ms. Miskel responded that the funds is for relocation fee and use at
individual's discretion on how they wish to use.
Planning and Zoning Advisory Board
MINUTES 3 February 19, 2003
. �st .
Charles Schaff of 4900 SW 31 Ave asked about setback of the prosed townhomes.
Shelly Eichner of Calvin, Giordano & Associates, Inc., addressed the Board answering
questions regarding the proposed townhomes. Ms. Eichner replied that the setback would be
approximately 25 feet with landscape.
Mr. Schaff voiced concerns regarding setbacks d the developer's proposed plan. Mr. Leeds
indicated if the request is approved, the applicant as to submit a site plan review showing more
building design and landscaping.
Bonnie Miskel clarified further on drainage is s and explained that the developer has to
comply with city code such as drainage, havin the lake in the middle, and installation of the
water and sewer system. Bonnie Miskel mentioned the price of the townhouse is $165,000.
Charlie Wyckoff of 4571 SW 34th Terrace, who owns a commercial parcel next to the proposed
project also voiced concerns on drainage.
Jay Field of 4501 SW 30th Way, queried as to why the proposed property is zoned residential
and not commercial. He spoke of the discussion on the comprehensive plan for commercial
properties and providing overall affordable housing for people with limited means.
Mr. Leeds explained that this property has had a residential land use designation when it was
annexed in 1991 and the city has not changed anything since annexation. Mr. Leeds added that
in today's real estate market the price mentioned is considered affordable housing.
Hearing no one and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Motion made by Paul Fetscher to recommend approval to the rezone request subject to
conditions recommended by staff, seconded by Lottye Crooms.
Staff recommends the following conditions:
1) The zoning petition be amended from RM-2 to RM (RM is the lowest density zoning
district that allows townhouses at 12 units per acre).
2) The applicant voluntarily deed restricts the property to 57 two-story townhouse units
(sold in fee-simple, homeowner association, or condominium).
3) Payment of local park impact fees prior to issuance of any building permits.
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
4) VA-01-03 - Request by Kenneth Hassett for property located at 5870 SW 37th Avenue,
Dania Beach, (Zoned RS-3 Single Family)for the following variances:
Planning and Zoning Advisory Board
MINUTES 4 February 19, 2003
Construct an addition to a single family home with a 6' 4" siliard setback.
(7' 6" side yard setback required as per Section 39-286 of the Broward County Zoning
Code).
Construct an a/c compressor and/or pool pump with a 3.0 foot side yard setback.
(4.5 feet required as per Section 39-275 of the Broward County Zoning Code).
Mr. Leeds gave a summary and brief explanation of the request.
Kenneth Hassett, owner of property, addressed the Board regarding his request. He mentioned
that he had discussed with Mr. Lowes, his neighbor regarding the placement of his a/c
compressor. He explained that the a/c unit will be located adjacent to his proposed master
bedroom at the end of the yard which is still within the setback variance next to Mr. Lowes'
property where a tree stand on the open field.
George Jason asked Mr. Leeds if the proposed additions are within the code ordinance. Mr.
Leeds responded yes.
Mr. Leeds expressed concern regarding the large oak tree at the center lot. Mr. Hassett
explained that he had consulted his architect and assured the Board that the tree will be
preserved with rooting beam spanning over tree area to minimize impact of tree roots by the
screen area. The screen area will be removed and replaced with a hall area leading to the
proposed room.
Pam Crayer, of Synalovski Gutierrez Romanik Architects, Inc., explained to the Board that the
rooting beams will be supporting the wall above it. Any weight that would bear down from the
new concrete block wall will be supported by the beams that are within the code. The beams will
then be supported on each end by foundation.
Mr. Leeds suggested approval to the request subject to relocation of the a/c unit adjacent to the
proposed master bedroom, and verification by the city landscape consultant that the
construction will preserve the root ball of the tree.
Mr. Hassett spoke again saying that Mr. Lowes has no objection regarding tree preservation on
either side of the property.
Mr. Jack Lowes, 5860 SW 37t' Ave. spoke in favor of relocation of a/c unit and preserving the
oak trees.
Chairman John Etling opened the item for public comment.
Hearing no one and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Motion made by Paul Fetscher to recommend approval to the variance request subject to
conditions recommended by staff, seconded by Lottye Crooms.
Staff's recommendation:
1. Applicant addressing tree preservation issues prior to issuance of a building permit.
2. Relocation of the A/C unit adjacent to the proposed master bedroom.
3. Tree preservation activity of that tree and trees right on the perimeter.
Planning and Zoning Advisory Board
MINUTES 5 February 19, 2003
•
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
5) Request by John Bartley, agent for the First Baptist Church of Dania Holding, Co., Inc,
for the following approvals for property located on the east side of SE 2"d Avenue
between Sheridan Street and SE 14d' Street.
SP-07-03 - Site plan request to construct a 5,000 square foot house of worship and
parking lot.
VA-08-03 -Variances request to allow the following:
(a) Five (5)foot wide landscape buffer provided along east and north lot lines parking lot
(A ten 10 foot wide landscape buffer is required by Chapter 26, Article IV
Landscaping).
(b)Variance to allow a single row of trees, forty (40)foot off-center, planted in the area
between the wall and the parking area (A double row of trees, each row forty (40)foot
off-center, planted between the wall and the parking area is required by Chapter 26,
Article IV Landscaping.
c)Variance to allow a House of Worship with 37 on-site parking spaces (46 on-site
parking spaces required based on House of Worship parking requirements).
Mr. Leeds gave a summary and description of the applicant's request for a site plan to construct
a place of worship and a variance for parking and landscaping.
Staff recommends Mr. Bartley provide adequate buffers (via setbacks and landscaping) to
protect residents living adjacent to the proposed project.
Mr. Leeds also explained landscape comments that he just received from Bill Tesauro, city
landscape consultant. Staff recommended approval of the plan subject to addressing site plan's
comments prior to city commission. However, staff recommended denial to parking and
landscape variance pending further review.
John Bartley, agent for the First Baptist Church of Dania Holding Co. Inc., addressed the Board.
He briefly described his proposed project and will comply with the landscape's comments.
Chairman John Etling opened the item for public comment.
Hearing no one and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Motion made by Paul Fetscher to recommend denial to the variances request, seconded by
George Jason
Planning and Zoning Advisory Board
MINUTES 6 February 19, 2003
Roll Call: •
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
Motion made by Paul Fetscher to recommend denial to variance a) & b) request pending further
review by staff, seconded by Lottye Crooms.
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
Motion made by Lottye Crooms to recommend approval to site plan subject to conditions
recommended by staff, seconded by George Jason.
Staff's recommendation: The site plan contains deficiencies and omits other required
information entirely, Staff can recommend approval of the site plan subject to compliance with
landscaping and parking requirements, including but not limited to the following:
1. Provide landscape calculations showing all required landscape area and hedges are
provided.
2. Revise parking area to provide adequate turn-around at end of each dead-end drive
aisle.
3. Add 6 foot wall along east lot lie of parking area and provide landscaping as required by
code, including setting the wall in five feet from the commercial/residential lot line.
4. Provide method to restrict light spillage onto adjacent residential parcels. Provide details
proposed lighting.
5. Submit written approval of church curb cut location from City Public Works/Utilities
Director or Broward County Traffic Engineering.
6. Provide tree survey and landscape plan clearly demonstrating compliance with
landscape requirements.
7. Relocate dumpster way from adjacent residential areas.
8. Provide additional $3000.00 cost recovery fee (for landscape review and legal services
relating to unity of title and verification of street vacation).
9. Provide written confirmation from the City Attorney that the SE 15t' Street has been
vacated.
Planning and Zoning Advisory Board
MINUTES 7 February 19, 2003
Roll Call: •
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
6) VA-67-02 - Variance request by Gary Posner, Treasure Cove Associates, LTD., for
property located on the south side of Dania cut-off canal between SW 27th Ave and SW
27th Terrace, Dania Beach, Florida to extend docks up to 40 feet into a waterway from
the established bulkhead line (Docks cannot extend more than five feet into a waterway
from the established bulkhead line). (Continued from January 22, 2002).
All Board members disclosed that they were contacted by some interested parties regarding this
issue.
Mr. Leeds addressed the Board stating that this item was continued from January 22, 2003
meeting. He presented a memorandum from Kevin McCabe, City Marine Engineer Consultant,
EDC Corp., an excerpt email from the project manager of the U. S. Army Corps of Engineer,
letters from Florida Fish and Wildlife Conservation Commission, letter from James C. Brady &
Associates, attorney representing Karen Gottlieb, and letters from Save the Manatee Club.
Mr. Leeds gave a brief summation and staff report from December 18, 2002 meeting. He
mentioned that even if the variance is approved by the City Commission, it still needs to seek
the approval from the Broward County Department of Planning and Environment Protection.
Kevin McCabe, City Marine Engineer Consultant, EDC Corp., 2455 SW 27th Ave. Coconut
Grove, addressed the Board regarding waterway and boat slips. He gave brief comments on the
impact of 52 boat slips on the possible impact to navigation and independent verification on the
status of environmental permits.
Mr. McCabe mentioned that EDC Corp. has performed analysis of the marina layout with
respect to navigation issues both within the basin and along the Dania Cutoff Canal. According
to his review, the site plan is in accordance with the State and Federal policies governing
guideline for small boat harbor. He had conversations concerning the status of permit
applications with the various regulatory agencies - SFWMD-ERP, SFWMD-ROW, and USACOE
responded with intent to issue permits except Broward County DPEP is still pending.
Attorney Ed Stacker of Akerman Senerfett, representing Gary Posner, spoke regarding the
request. He mentioned that SFWMD governing board has approved the 52 boat slips. Mr.
Stacker read an excerpt letter from Steve Sommerville, Broward County DPEP - "my agency is
prepared to issue a county environmental resource license should a permit be granted by the
district". He assured the Board that there are no environmental or biological issues that are
disputed. He also mentioned that they had satisfied all comments to the Manatee Club, U.S.
Fish & Wildlife Conservation Commission, and no navigation or right of way issues has been
determined by these agencies.
Chairman Etling opened the item for public comment.
Pedro Monteiro asked the Board to hold Mr. Stacker's further comments till after the end of
public comments so as to allow the public a fair chance to have their comments heard and
questions answered.
Planning and Zoning Advisory Board
MINUTES 8 February 19, 2003
0 •
Vito Cucuzza of 4401 SW 24th Ave. spoke in opposition.
Gale Tysenn of 919 Nautilus Isle spoke in opposition.
Chris Richter of 906 Nautilus Isle spoke in opposition. She read a letter written from Suzanne
Tarr, Staff Biologist, Manatee Club address to the City Manager and the Commissioners dated
12/11/02.
Dan Healy of 915 NW 7th St., spoke in opposition.
Karen Gottlieb of 4473 Treasure Cove Dr., spoke in opposition.
Peter Quinn of 4487 Treasure Cove Dr., spoke in favor.
Beulah Lair
spoke in opposition.
P
Mathew Bertini of 4493 Treasure Cove Dr., spoke in opposition.
John Ahern of 3430 SW 34th Lane, spoke in opposition and mentioned about his past variance
request was denied due to environmental concern.
Ian Richter of 906 Nautilus Isle, spoke in opposition.
Cara Campbell of 641 SW 6th Ave., representing the Broward County Green Party, spoke in
opposition.
Pedro Montero spoke in opposition and read some part of the Manatee Chapter of the Florida
Administrative Code on the manatee endangers species act definition.
Jay Field of 4501 SW 30th Way, spoke in opposition.
Clara Berki of 4475 Treasure Cove Dr., spoke in opposition.
Faye Bartelmes (Palmer) of 214 SW 2Id Ter., spoke in opposition.
Frank Gengo of 902 Nautilus Isle, spoke in opposition.
Mr. Etling informed the Board that Cindy Wills of 911 Nautilus Isle had to leave early and has
asked him to announce her opposition.
Hearing no one and seeing no one, Mr. Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Mr. Stacker spoke again stating no further comments but asked the Board for reconsideration of
the request.
Tom Ansbro, City Attorney mentioned that as long as the litigation is still going on, Treasure
Cove cannot build any docks that could affect Ms. Gottlieb's property.
Motion made by Mr. Etling to recommend denial to variance request, seconded by Mr.
Jason.
Roll Call:
Planning and Zoning Advisory Board
MINUTES 9 February 19, 2003
• •
Edward Bourgeois yes Dr. Paul Fetscher no
George Jason yes John Etling yes
Lottye Crooms yes
7) Proposed Text Change to Expand Intersection Vision Requirements to the C-2 Zoning
Districts.
Mr. Leeds gave a summary and brief description of the proposed text change. The proposed
text change would require intersection vision clear zones at intersections in the C-2 district. Staff
recommended approval.
Chairman Etling opened the item for public comment.
Hearing no one and seeing no one, Mr. Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Motion made by Paul Fetscher to recommend approval to proposed text change to expand
intersection vision requirements to the C-2 zoning district, seconded by Lottye Crooms.
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
8) Proposed Text Change to Regulate A/C Unit Setbacks in Single Family Residential
Districts.
Mr. Leeds gave a summary and a brief description of the proposed text change. He mentioned
that setbacks requirements for A/C units, heat pumps, pool pumps, and related equipment are
currently not addressed in the Dania Beach Zoning Code. Staff recommended that the proposed
text change would restrict A/C units and related equipment to the rear yard and require a
minimum of five (5)foot setback from any lot line.
If adopted, the proposed text change would impact only single family and duplex properties
located mostly east of Ravenswood Road. Staff recommended approval.
Mr. Fetscher asked Mr. Leeds how he would determine where the backyard and side yard starts
for the A/C units and related equipments.
Mr. Leeds responded that it could be placed anywhere behind the house in the rear yard at least
five (5)foot away from any lot line.
Chairman Etling opened the item for public comment.
Hearing no one and seeing no one, Mr. Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Planning and Zoning Advisory Board
MINUTES 10 February 19, 2003
i
•
Motion made by Mr. Jason to recommend approval to proposed text change to regulate A/C unit
setbacks in single family residential districts, seconded by Mr. Bourgeois.
Roll Call:
Edward Bourgeois es Dr. Paul Fetscher es
9 Y Y
George Jason yes John Etling yes
Lottye Crooms yes
9) Proposed Text Change to Require Minimum Building Setbacks for"C" Districts Located
Adjacent to Single Family Zoned or Used Property.
Mr. Leeds gave a summary and brief description of the proposed text change. He explained that
most City of Dania Beach Commercial zoning districts (ie., C-2, C-3, and C-4) only require a ten
(10) foot setback. The proposed text change would require a rear setback equal to the height of
the building. Staff recommended approval.
Chairman Etling opened the item for public comment.
Hearing no one and seeing no one, Mr. Etling closed the public hearing, bringing the item back
to the Board for further discussion and possible action.
Motion made by Mr. Fetscher to recommend approval to proposed text change to minimum
building setbacks for "C" districts located adjacent to single family zoned or used property,
seconded by Ms. Crooms.
Roll Call:
Edward Bourgeois yes Dr. Paul Fetscher yes
George Jason yes John Etling yes
Lottye Crooms yes
Mr. Leeds reminded the Board of the election in March; the next March meeting will be
cancelled and rescheduled to April 16, 2003.
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 CHARLENE JOHNSON, 100 W. DANIA BEACH
BLVD, DANIA BEACH, FL 33004, (954) 924-3622, AT LEAST 48 HOURS PRIOR TO
MEETING.
Planning and Zoning Advisory Board
MINUTES 11 February 19, 2003