HomeMy WebLinkAbout2003-06-18 Planning and Zoning Board Minutes CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday, June 18, 2003
7:00 P.M.
ROLL CALL:
Victor Lohmann Laurence Leeds, ACIP, Growth Management Director
Edward Bourgeois Thomas Ansbro— City Attorney
Gary Luedtke Lou Ann Cunningham — Board Clerk
George Jason Corinne Church, Principal Planner
Lottye Crooms
1) Request by County Homes Development Corporation for property located
North of Griffin Road along SW 33rd Avenue (Lot 10, Block 8), Dania Beach,
for the following:
VA-10-03 — Variance request from Chapter 28, Zoning Article 6.21 Off-Street
Parking Requirements, to provide a 20 foot wide driveway (24 foot
width required).
Corinne Church, AICP, Principal Planner, addressed the board describing the proposed
variance request. She stated staff recommends approval of the variance and asked the
board if they had any questions or comments.
The board had questions relating to the dumpster enclosure, stacking of vehicles and
overflow parking. Mr. Leeds addressed the boards questions relating to overflow
parking. He further stated that emergency vehicle access and entrance to dumpster
enclosure could be considered as conditions.
Hearing no further board comments, Chairperson Crooms opened the item for public
comment. Hearing no one and seeing no one, the public hearing was closed.
The petitioner agreed to the conditions proposed by the Board.
Motion made by Victor Lohmann to recommend approval of the variance request VA-
10-03, subject to the additional conditions proposed by staff, seconded by Gary
Luedtke.
Conditions proposed by Staff: j
1) Emergency vehicle access
2) Double blind entrance to dumpster enclosure
Planning and Zoning Advisory Board
MINUTES 1 June 18, 2003
The motion passed on the following roll call:
Victor Lohmann yes Edward Bourgeois yes
Gary Luedtke yes George Jason yes
Lottye Crooms yes
2) Request by Edward P. Ploski, AICP, Craven Thompson & Associates, Inc.
representing Sterling Associates, LLC., for the following:
VC-29-03— Vacation request to vacate a 30' x 584.84' public right-of-way (SW
12th Avenue Extended) located between West Dania Beach Blvd.
and SW 1 st Street.
Corinne Church, AICP, Principal Planner, addressed the board describing the proposed
request. Ms. Church explained that staff is in support of the request to vacate the road
way.
Ed Ploski, Planner with the firm Craven Thompson and Associates, addressed the
Board describing the request and to answer any questions by the board.
Chairperson Crooms opened the item for public comment. Hearing no one and seeing
no one, the public hearing was closed.
Board questioned whether there was any opposition to the street being closed. Growth
Management Director, Laurence Leeds, explained the reasons for keeping SW 12tn
Avenue closed to protect the residential area to the north and to buffer the
neighborhood from industrial / commercial uses and traffic.
Hearing no further comments, a motion made by Victor Lohmann to recommend
approval of the cacation request VC-29-03, subject to conditions proposed by staff,
seconded by Gary Luedtke.
Conditions proposed by staff:
1. Dedicate 30 foot wide utility easement.
2. Bar the vehicular traffic.
3. Incorporate landscape maintenance as part of the landscaping plan to adjoining
parcel that is being developed.
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 2 June 18, 2003
3) Request by Synalovski Gutierrez Romanik Architects, Inc. representing
Rabbi Avram Skurowitz on behalf of Maimonides Shalom Academy for
property located at 5300 SW 40th Avenue (existing school and parking) and
5250 SW 40th Avenue (property south of Oak Hills Condo), Dania Beach, for
the following:
VA-45-03 — Variance request from the following:
1. To waive the 25% maximum allowed of the required parking for a
non-residentially used plot. Broward County Zoning Code Article
XIII Conditional Uses, Section 39-240, Off-site Parking Lots.
2. To waive general landscape requirement identified in Broward
County Zoning Code, Article XIII Conditional Uses, Section 39-240,
Off-site Parking Lots to waive:
a) A portion of the ten (10) foot landscape buffer adjacent to the
west lot line.
b) The required heavy landscape buffer or wall set back 2 Y2 feet
from the lot line.
3. To waive general landscape requirements identified in the Broward
County Zoning Code, Article VIII Functional Landscaping and
Xeriscaping.
SP-38-03- Site Plan Request (Phase 1)to build the following:
1. New one story modular classroom building (with multiple
classrooms) located on existing school grounds.
2. New paved parking lot (100 spaces) to be located on property
located directly south of the Oak Hills Condominium.
Corinne Church, AICP, Principal Planner, addressed the board describing the proposed
variance and site plan requests. She described the site plan as a two (2) phase project
for a school. Classroom additions site modifications with new 100 space parking lot and
a new point of egress. Ms. Church further described the requested variances for
parking and landscaping stating that staff recommends 25 conditions to the site plan
and variance, which are identified in staffs report.
Growth Management Director, Laurence Leeds clarified some of staffs
recommendations to the variances, and mentioned that the petitioner should contact
Broward County to confirm that re-platting is not required.
Planning and Zoning Advisory Board
MINUTES 3 June 18, 2003
Rabbi Andrew Skurowitz addressed the Board stating the need to move forward with
the petition. He emphasized the tremendous growth of the school and the proposed
opening in August.
Manny Synalovski, Architect, addressed the Board stating the reasons for the urgency
and the time constraints of the improvements to the school. Mr. Synalovski agreed to
address all of the conditions and recommendations proposed by staff.
Staff recommended denial to variance #3 subject to staffs review of the twenty-five (25)
landscape conditions being addressed.
Chairperson Crooms opened the item for public comment.
Keith Wasserson, Vice Mayor of the City of Hollywood, spoke in favor of the project and
asked for the board's support.
David Genea, parent of children attending school, spoke in favor of the parking waiver.
Ray Bergodos resident of Oak Hills condominium asked what kind of landscaping will
be planted in the buffer. Mr. Leeds addressed the board, describing the landscaping in
this area.
Mr. Leeds read a letter received from Lolita Blostein, President of the Oak Hills
Condominium Association for the record.
Rabbi Skurowitz addressed the board to further explain the reason for requesting the
additional parking.
Vice-President of the Board of Directors of the Oak Hills Condominium Association,
Charles L. Buleau had questions regarding the rezoning and the effect of the buffer
zone.
Jackie Vasola resident at Oak Hills Condominium had questions regarding drainage.
Hearing no one and seeing no one further, Chairperson Crooms closed the public
hearing.
Mr. Leeds addressed the questions and comments made during the public hearing as
well as the board regarding the location of the proposed parking lot.
Hearing no further discussion, a motion was made by Victor Lohmann to recommend
approval of Variance #1 — (To waive the 25% maximum allowed of the required parking
for a non-residentially used plot), subject to the applicant providing a minimum 20 foot
wide landscape buffer along the north lot line, seconded by Gary Luedtke. Motion
passed on the following roll call:
Planning and Zoning Advisory Board
MINUTES 4 June 18, 2003
Victor Lohmann yes Edward Bourgeois yes
Gary Luedtke yes George Jason yes
Lottye Crooms yes
A Motion made by Victor Lohmann to recommend approval of Variance #2a ) to waive
the general landscape requirement for a portion of the ten (10) foot landscape buffer
adjacent to the west lot line (staff changed its recommendation to allow the buffer along
the west lot line to drop below 10 foot for the edge showing on the site plan), 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
Applicant withdrew Variance#2b - No action needed, variance was no longer required.
Motion made by Victor Lohmann to recommend denial of Variance #3 waiving the
general landscape requirements relating to Functional Landscaping and Xeriscaping,
seconded by Gary Luedtke.
Further discussion regarding the motion by the board and petitioner resulting in a
motion made by Victor Lohmann withdrawing his motion to deny.
The following motion was made in its place:
A motion made by Lottye Crooms, after passing the gavel, to recommend approval of
Variance #3, subject to confirmation by staff that all conditions have been met,
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
The board discussed the request for Site Plan, recommending approval subject to the
applicant addressing the 25 conditions in staffs report. Chairperson Crooms opened the
item for public comment.
Comments made by various residents of Oak Hills relating to the type of vegetation in
the landscape buffer. Hearing no further comments, Chairperson Crooms closed the
public hearing.
Motion made by Gary Luedtke to recommend approval of SP-38-03, subject to staffs
comments/conditions being addressed, seconded by Victor Lohmann. Motion passed
on the following roll call:
Victor Lohmann yes Edward Bourgeois yes
Planning and Zoning Advisory Board
MINUTES 5 June 18, 2003
Gary Luedtke yes George Jason yes
Lottye Crooms yes
4) Request by Shelley Eichner of Calvin Giordano and Associates
representing Sheridan 87 LLC., located on the north side of Sheridan
Street, directly east of the Walgreen's Drug Store, in the City of Dania
Beach, for the following:
VA-25-03 — Variance request for the following:
1) To waive the required 10 foot minimum terminal landscape island width identified
in Chapter 26, Vegetation. (Withdrawn By Petitioner).
2) To waive general landscape requirements identified in Chapter 26, Vegetation.
Corinne Church, AICP, Principal Planner, addressed the Board describing the proposed
variances and site plan request for the construction of 87 condominium units. Ms.
Church further explained the conditions to the site plan to bring it into compliance and
staffs recommendations.
Mr. Kevin Guthard with Trafalgar Associates addressed the board regarding the
comments, stating that a lot of the conditions are questions relating to the neighborhood
agreement and not the city code.
Mr. Leeds addressed the concerns of the board indicating that the City is not a party to
the neighborhood agreement, and as such has no authority to enforce the conditions of
the agreement.
Shelley Eichner, Calvin Giordano and Associates, described the request, addressing
staffs comments and confirming that they would be meeting with the homeowners again
to address any concerns that they may have as well as addressing staffs comments.
The board had questions relating to the substation property which was replatted four
years ago and access to the site. Mr. Leeds responded that it is in the process of being
platted and will have its own access.
At this time Chairperson Crooms opened the item for public hearing.
Craig Derk of 1338 SE 5t' Ct., questioned the waiver of general landscaping.
Hearing no one and seeing no one further, the Chairperson closed the public hearing.
A motion was made by Victor Lohmann to recommend approval of variance request VA-
25-03, subject to a reduction of no less than 6 feet from the 10 foot requirement,
seconded by George Jason. Motion passed on the following roll call:
Planning and Zoning Advisory Board
MINUTES 6 June 18, 2003
Victor Lohmann yes Edward Bourgeois yes
Gary Luedtke yes George Jason yes
Lottye Crooms yes
SP-25-03 —Site plan request to construct 87 multi-family units on "Kevin's Plat".
The board suggested that the applicant might want to install a 12 foot tier water feature
instead of planting a tree at the center of the island entry.
Hearing no further comments a motion made by Victor Lohmann to recommend
approval of site plan SP-25-03, subject to full compliance of all city regulations prior to
the City Commission, as well as conditions 2, 4, 5, 7, 8, 13 and 14 of the neighborhood
agreement, 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
5) Request by Shelley Eichner of Calvin Giordano and Associates
Representing NAC Investors, LLC, for property located at 3064 Griffin Rd.,
Dania Beach, Florida, for the following:
VA-42-03 — Variance request:
1) To waive six (6) of the required 131 parking spaces to
provide 125 parking spaces. Chapter 28, Zoning, Article 6,
Supplementary Lot Regulations, Section 6.21 — Schedule of
Off-Street Parking Requirements.
2) To waive 10 feet of the required 25 foot street side setback
to provide a 15 foot setback from SW 31 st Avenue. Chapter
28, Zoning Article 6, Supplementary Lot Regulations,
Section 6.51 Town Houses.
3) To waive 61 feet of the required 300 foot minimum street
frontage to allow a wall sign facing a street frontage with 239
feet of street frontage (Signs prohibited if frontage less than
300 feet). Chapter 28, Zoning, Article 28 Signs, Section
28.095 Residential multi-unit complexes or communities.
4) To waive general landscape requirements identified in
Chapter 26 Vegetation.
Planning and Zoning Advisory Board
MINUTES 7 June 18, 2003
• •
WA-42-03 — Waiver Request: To waive the required sidewalk construction
required along SW 31st Avenue. Chapter 22, Streets and Sidewalks, Article
II, Division 1, Section 22.27 Construction of sidewalks when building
constructed or substantially improved.
SP-42-03 —Site plan Request: To construct 57 2-Story Town Homes, on the
Thunderbird Park Plat.
VC-26-03 — Vacation Request To vacate an unimproved 15 foot section of
land on the western portion of property located at 3064 Griffin Rd.,
(Thunderbird Park Plat), adjacent to SW 31st Avenue legally described as
follows: The East 15.0 feet of the West 55.0 feet of the South 467.0 feet of the
North 672.0 feet of the Northwest Quarter (NW 1/4) of Section 32, Township
50 South, Range 42 East, said lands lying and being within the City of Dania
Beach, Broward County, Florida.
Corinne Church, AICP, Principal Planner, addressed the board describing the proposed
vacation of right-of-way, variances, sidewalk waiver and site plan request by NAC
Investors, LLC. Ms. Church indicated that staff is recommending approval of the
variances subject to conditions; sidewalk waiver subject to approval of Public
Works/Utilities Director; and site plan subject to applicant addressing all conditions
recommended by staff.
Mr. Leeds added an additional condition relating to the driveway, subject to FDOT and
Broward County Approval.
The board questioned the abandoned right-of-way. Bonnie Miskel addressed the
concerns of the board. She stated that corner of the property has been vacated. She
indicated the ditch which comes between the roadway and the site is full of mangroves
and could be an environmental permitting issue.
Ms. Church made a suggestion that if there are additional easements to the south, it will
be brought up at the City Commission meeting. If the City Commission wishes to initiate
it, then the comprehensive right-of-way abandonment would be brought forward for
formal action.
Ms. Miskel addressed the Board again requesting that the parking be left at 2.2 and a
waiver of the 5 parking spaces. She gave a sampling of some other surrounding City's
requirements. Ms. Miskel concluded, addressing questions relating to the entrance,
signage and traffic.
Chairperson Crooms opened the item for public comment.
Charlie Wyckoff of 4571 SW 34t' Terrace, owner of Cornerstone Book Store, addressed
the parking variance and complained about the overflow parking on his site. He spoke
Planning and Zoning Advisory Board
MINUTES 8 June 18, 2003
against the parking variance. Ms. Miskel assured Mr. Wyckoff and the Board that the
project will be surrounded by a 6 foot wall.
Susan Dudak, resident at Banyan Oakridge Homes, spoke regarding parking variance.
She stated that currently her development also has problems with the parking
requirement. She spoke against parking variance.
Spring North, resident at Banyan Oakridge Homes, questioned why the entrance to the
development is on SW 31st Avenue and not on Griffin Road. Ms. Miskel responded
stating that it was a standard requirement by Broward County Planning due to traffic
concerns. Ms. North finally concluded speaking against the parking variance. She
spoke regarding the sidewalk as well as filling in the canal.
Hearing no one and seeing no one further, the Chairperson closed the public hearing.
The item was brought back to the board for the comments,
Ms. Miskel clarified some of the concerns of the public and the board referring to the
traffic study which was performed and describing the sidewalk and parking plans.
Mr. Leeds requested a technical analysis of traffic access. Mr. Leeds indicated that the
Public Works/Utilities Director Michael Sheridan stated that SW 31st Avenue is a safer
location for the entrance as opposed to Griffin Road.
Hearing no further discussion, a motion was made by Gary Luedtke to recommend
approval of Variance #1 (to waive five (5) of the required 131 parking spaces to provide
126 parking spaces) and subject to designating 2 parking spaces per household,
seconded by Victor Lohmann. Motion passed on the following roll call:
Victor Lohmann yes Edward Bourgeois no
Gary Luedtke yes George Jason no
Lottye Crooms yes
Motion made by Victor Lohmann to recommend approval of Variance #2 (to waive 10
feet setback) subject to providing a sidewalk along the east bank of the drainage ditch,
seconded by Gary Luedtke. Motion passed on the following roll call:
Victor Lohmann yes Edward Bourgeois yes
Gary Luedtke yes George Jason no
Lottye Crooms yes
Motion made by Gary Luedtke to recommend denial of Variance #3 (to waive 61 feet of
the required 300 foot minimum street frontage to allow a wall sign facing a street
frontage with 239 feet of street frontage), seconded by George Jason. Motion passed
on the following roll call:
Victor Lohmann no Edward Bourgeois yes
Planning and Zoning Advisory Board
MINUTES 9 June 18, 2003
0 •
Gary Luedtke yes George Jason yes
Lottye Crooms yes
Variance#4 (to waive general landscape requirements)was withdrawn by petitioner.
Motion made by George Jason to recommend denial of the sidewalk waiver request for
the required sidewalk construction along SW 31St Avenue, seconded by Edward
Bourgeois. 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 George Jason to recommend approval of site plan SP-42-03, subject to
the conditions made by staff, 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
Motion made by Victor Lohman to recommend approval to vacation request VC-26-03,
subject to the City Commission initiating a plan to vacate entire right of way, 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
6) SE-46-03: Request by Bonnie Miskel, Ruden-McClosky, representing Dania
Beach Hotel, LLP, for property located at the 180 East Dania Beach
Boulevard. The request is for a Special Exception Use to assign
(approximately) 90 flexibility units to construct a 90 dwelling unit mixed-
use development adjacent to the Dania Beach Hotel. Property bound by
Dania Beach Boulevard to the north, SE 2nd Avenue to the east, and Park
Street to the south.
Laurence Leeds, Growth Management Director addressed the Board describing the
request to assign 90 flexibility units to construct a 90 dwelling mixed use development
downtown. Staff recommended approval of the allocation of units for 6 months, subject
to conditions in the staff report.
Planning and Zoning Advisory Board
MINUTES 10 June 18, 2003
. •
The board questioned the reason why the flex unit pool is exhausted, and suggested
that the petitioner request a land use change. City Attorney Ansbro explained the
possible plight of taking this project to the County for a land use change approval.
Bonnie Miskel addressed the board describing the project and the impact of
redevelopment downtown.
Chairperson Crooms opened the item for public comment.
Patty Hart of Classic Properties and citizen spoke in favor of the allocation of flex units
and the proposed project.
Faye Bartelmes of 214 SW 2"d Terrace spoke in favor of the project.
Hearing no one and seeing no one further. The public hearing was closed.
Hearing no further discussion, a motion was made by Gary Luedtke to recommend
approval of the special exception request SE-46-03, for the assignment of 90 flexibility
units, subject to expiration within 6 months of approval by the City Commission,
seconded by George Jason. Motion passed on the following roll call:
Victor Lohmann yes Edward Bougeois yes
Gary Luedtke yes George Jason yes
Lottye Crooms yes
7) TX-49-03: Zoning Code (Parking Requirements):
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING
CHAPTER 28, "ZONING', OF THE CITY CODE OF ORDINANCES BY
AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION
6.21 "OFF-STREET PARKING' TO REVISE THE PARKING STANDARDS
APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
Laurence Leeds, Growth Management Director, explained the proposed changes to the
Off-Street parking standards.
The board requested time to review the ordinance and requested a continuance to next
Planning and Zoning Advisory Board Meeting.
Motion made by Gary Luedtke to continue this item to the next regularly scheduled
Planning and Zoning Advisory Board Meeting, seconded by Victor Lohmann. Motion
passed on the following roll call:
Planning and Zoning Advisory Board
MINUTES 11 June 18, 2003
Victor Lohmann yes Edward Bourgeois yes
Gary Luedtke yes George Jason yes
Lottye Crooms yes
Motion made by Victor Lohmann to adjourn the meeting, seconded by Gary Luedtke.
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
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 12 June 18, 2003