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HomeMy WebLinkAbout2003-07-16 Planning and Zoning Board Minutes SUMMARY MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Wednesday, July 16, 2003 7:00 P.M. ROLL CALL: Edward Bourgeois Laurence Leeds, AICP, Community Development Dept. Lottye Crooms Thomas Ansbro—City Attorney George Jason Lou Ann Cunningham— Board Clerk Victor Lohmann Corinne Church, AICP, Principal planner Gary Luedtke Gary Luedtke suggested delaying approval of minutes to next month meeting. Larry Leeds suggested distribution of the minutes at next month meeting. Motion made by Victor Lohmann to defer item #2 Forest View Estates Single Family Development to the next regular meeting on August 20t' 2003 (requested by applicant to defer); and also to move item #1 last on the agenda (Text Amendment Parking) Seconded by George Jason. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes 2) Request by Daniel Sawicki, Stirling, LLC, A Florida Limited Liability Company for property generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling Road in the City of Dania Beach, Florida for the following: VA-43-03: 1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,282 sq. ft.); (Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot). 2) Allow construction of Entrance Monument Sign; (Not allowed under Broward County Zoning Code, Section 29.090). 3) Allow construction of an 8 foot wall at the front of the development; (6 foot high wall allowed per Broward County Zoning Code, Section 39-81(b)(1). 4) Allow a 4 foot landscape buffer along the west-side property line. (5 feet required, Broward County Zoning Codes, Section 39-81(b)(1)). 5) Allow erection of temporary construction sign 16 sq. ft. (Maximum 8 sq. ft. permitted). 6) Allow air conditioning units to project 48' into a side yard (maximum 44" allowed). (Broward County Zoning Code, Section 39-275). Planning and Zoning Advisory Board MINUTES 1 July 16, 2003 SP-37-03: Site plan for the construction of 12 single family homes. "Forest View Estates". 3) SP-41-03 — Site Plan request Robert Johns, for Guardian American Development Co., LLC., for property located at 3057 SW 45th Street, generally located north of SW 45th Street, west of SW 30th Avenue, and east of SW 30th Way., in the City of Dania Beach. Request is for site plan approval of the landscape and perimeter wall around the 21 unit single family development know as the Bridgewater Estate Homes. Laurence Leeds, AICP, addressed the Board and gave a summation regarding the site plan request for the construction of a perimeter wall around a 20 unit single family development. Staff recommended approval subject to the applicant addressing all requirements listed in the staff report. Robert Johns, applicant addressed the Board regarding the request and staff's comments. He stated that he has met with Fire Marshal Ed Tarmey, and has his approval. Mr. Leeds stated that a revised plan needs to be submitted to the planning department for the Fire Marshal's written approval. Tom Laubenthal, Landscape Architect addressed the Board regarding staff's comments on ficus. Mr. Leeds asked that Mr. Laubenthal speak with the City's Landscape Architect, Bill Tesauro and have his comments reported back to staff. Mr. Laubenthal, addressed staffs comments on tree mitigation stating that all mitigation requirements will be met. Mr. Leeds asked if any oaks would be removed, and Mr. Laubenthal confirmed that no oaks would be removed from the site. Mr. Leeds asked that Mr. Laubenthal submit the plan indicating the list of trees to be removed, replaced or preserved to Bill Tesauro for his comments. Mr. Johns submitted a rendering of the wall elevations to the Board and for staffs review. Mr. Leeds asked that the petitioner present a large rendering at the Commission meeting. Mr. Luedtke reported that the neighborhood has inquired about ground cover. Mr. Johns responded that as soon as the land is clear. Land has been cleared when construction begins. Mr. Luedtke is also concerned about security because of numerous police calls about the vacant lot being used as vehicle track. Mr. Leeds suggested a temporary cyclone construction fence on SW 45th Street which may solve part of the loitering problem. Staff requested a modified plan showing existing trees to be removed, replace or preserve and also location of fire hydrant. Chairperson Crooms opened the item for public comment. Stephen Renteria of 3065 SW 45th St., asked if the perimeter wall would be built first (before the homes). Mr. Johns responded that he is not opposed to putting up a wall on the south side, however, due to the modifications on SW 451h Street it would be difficult to construct the wall this soon. Planning and Zoning Advisory Board MINUTES 2 July 16, 2003 Susan Coryell of 3040 SW 45th St., spoke in favor of a chain link fence, stated it would keep the bikers and people from having parties on the vacant lot. Dan McNulty of 4500 SW 30th Way spoke in favor of a chain link fence. He commented on keeping the trees that buffer SW 30th Ave from traffic, noise and smells. Mr. McNaulty expressed concerns regarding flooding. Mr. Leeds indicated that the property by the bridge is privately owned. Mr. Leeds indicated that drainage is reviewed by the Department of Public Services at such time as the developer submits his building permits. Questions regarding drainage should directed to the Department of Public Services at 9540924-3741. Jim Ciaccio of 3069 SW 45th Street commented regarding installation of sewers in the project. He asked if it would be made available to the homeowners on the west side of the project. Mr. Johns confirmed that they would be installing sewers in the easement and looping a water main up to code. Mr. Ciaccio also discussed with Mr. Johns and Mr. Laubenthal the road elevations and the proposed wall. Victor Lohmann commented that the sewer issue is not related to this request. Mr. Leeds stated that this property is under the jurisdiction of Broward County Utitlities and questions regarding sewers should be directed to that agency. Mr. Leeds suggested that the petitioner should get together with some of the homeowners to discuss any questions and concerns they may have. Mr. Johns stated that their office is at 3091 Griffin Road. Anyone is welcome to come in and he will discuss the plans with them. Price range of the homes are from $350,000 to $500,000 with an average square footage of 2700 sq. ft. and two (2) car garages. Jay Field of 4501 SW 30th Way spoke in favor of fence and requested immediate installation. Hearing no one and seeing no one further, Chairperson closed the public hearing, and the item was brought back to the Board for further discussion. Motion made by Victor Lohmann, seconded by Gary Luedtke to recommend approval of the site plan request subject to the following conditions: Conditions from staff report: 1. Provide revised civil drawings to add an additional fire hydrant on the private road, west of the subject property line, for fire service for the existing homes (Fire Marshal). The location of the fire hydrant must be approved by the Fire Marshal prior to City commission approval. 2. Replace the Ficus Pumila with an alternative vine species, subject to final review b the P P 1 Y City Landscape inspector. 3. Provide details of the wall elevation including height, articulation, banding and color. 4. Provide a plan and tabular listing of preserved, removed, relocated trees on the site plan. The applicant must obtain a tree removal permit from the City prior to the removal or relocation of any tree. Planning and Zoning Advisory Board MINUTES 3 July 16, 2003 Conditions from the Board: 5. Temporary construction fence to be erected within the next thirty (30) days subject to the City's approval and remain in place of the perimeter of the property until such time a permanent concrete wall is permitted and erected. 6. Applicant to apply for temporary chain link fence permit within the one week. City Attorney, Tom Ansbro suggested posting a "NO TRESPASS" sign on the fence and it would also give the police authority to arrest . Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes 4) PL-47-03 — Request for preliminary plat approval by Jane Storm, Pulice Land Surveyors, for the "CROCODILLOS" Plat. Property located at 4281 Ravenswood Road. Laurence Leeds, AICP, addressed the Board and gave a summation of the preliminary plat request. Corinne Church, AICP, principal planner assisted in the presentation. Mr. Leeds requested the applicant provides a clear, complete, and detailed explanation of the intended use of the property. The Broward County Planning Council requires this information to resolve the inconsistency between the zoning map and land use plan. Jane Storm with Pulice Land Surveyors Inc. addressed the Board, commenting on staffs comments and concurred with all of it. She stated that the intended use has been changed from candle making factory to selling touristy type goods. Owner of the property is Orlando Alarcon. Mr. Lohmann suggested that the conditions could be lay out as intended use must comply with commercial zoning requirement and industrial is not a permitted use, as eventually site plan must comply with the existing zoning regulations. Ms. Storm stated that she will provide letter from Mr. Sheridan (Public Services Department) regarding the utility easement and has verification of the trafficway plan from the Broward County. Mr. Leeds confirmed that all that is necessary on comment#2 is a conceptual site plan. Chairperson Crooms opened the item for public comment. Hearing no one and seeing no one, Chairperson closed the public hearing, and the item was brought back to the Board for further discussion. Motion made by Vicor Lohman to recommend approval, seconded by Gary Luedtke, subject to the following conditions: Conditions from staff report: 1) Applicant to provide a clear, complete, detailed explanation of the intended use. Planning and Zoning Advisory Board MINUTES 4 July 16, 2003 2) Applicant to submit a site plan demonstrating compliance with C-2 "use", parking, landscaping, and principal arterial design requirements. 3) Applicant to obtain written approval (Department of Public Services) to waive SW 42nd Court dedication. 4) Applicant shall provide written verification that the plat complies with the Broward County Trafficways Plan. 5) A 15 foot utility easement is required on the perimeter of the property unless already waived by the Department of Public Services. Conditions from the Board: Additional condition that the intended use must comply with existing City zoning regulations be disclose in writing to the city prior to city commission hearing. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes Chairperson Crooms suggested addressing item #7 (VA-55-03) in the interest of the owner who has her baby with her in the lateness of the hour. 7) VA-55-03 — Variance request by Mr. Michael Blum, owner of Michael's Kitchen Restaurant located at 433 East Sheridan Street in the Publix Sheridan Shopping Center. Mr. Blum is requesting a variance from Chapter 28, Zoning, Article 4.201 (Proximity of beverage establishments to churches, schools) and Chapter 4, Alcoholic Beverages, Sec. 4-3 (Proximity of new beverage establishments to existing beverage establishments). Laurence Leeds, AICP, addressed the Board presenting the request for a 4COP alcoholic beverage license. He briefly described the location, separation and outdoor seating. Mr. Leeds explained that the zoning code requires a 1,000-foot separation between the liquor establishments as well 1,000-foot separation from a school. The applicant also requested permission to place tables on the sidewalk outside the restaurant. Staff recommended approval subject to BSO no objection letter and conditions listed in the staff report. Jennie Blum representing Michael's Kitchen addressed the Board stating that she has approval for outdoor seating (from the landlord) in her lease and will be happy to submit a copy. Chairperson Crooms opened the item for public comment. Mimi Donly, former chairperson of Dania Beach Chamber of Commerce addressed the Board speaking in favor of the request. Miss Donly remarked that last year Michael Blum was chosen as small business of the year base on quality growth of his business and his commitment to the community. Planning and Zoning Advisory Board MINUTES 5 July 16, 2003 I Patty Hart of Classic Realty addressed the Board speaking in favor of the request. Hearing no one and seeing no one, the Chairperson closed the public hearing, and the item was brought back to the Board for further discussion. Victor Lohmann inquired about the status of KC `s Liquor store, which has recently gone out of business as to whether the store has a liquor license. If a liquor license is still current for the same location, the sale of alcohol would not be allowed. Staff has no objection to having two existing liquor license tenants. Motion made by Victor Lohmann, seconded by George Jason to recommend approval of the variance request subject to the following conditions Conditions from staff report: 1) Compliance with ADA (Submission of table plan required). 2) Approval of the Building Official and Fire Department. 3) Consent of the shopping center owner for outdoor seating. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes 5) VA-50-03— Hilton Gardens is requesting sign variances for property located at 180 Southwest 18th Avenue, (North of Stirling Road East of Interstate 95) in Dania Beach, for the Hilton Garden Inn. The request is described as follows from Chapter 28, Zoning, Article 28, Signs: a. Article 28.110(3) —Sign Restrictions in areas zoned commercial: (1) Two (2) monument signs; (One (1) allowed). (2) Monument Sign setback of 3.6 feet; (5 feet required). (3) Directory signs of 9 sq. ft; (4 sq. ft. allowed). b. Article 28.140 - Shopping centers, hotels, office complexes and industrial complexes exceeding 80,000 sq.ft.within 1,000 feet of 1-95 or 1-595: (1) Height of pole sign 100 feet; (50 feet allowed). (2) Size of Pole Sign 200 Sq. Ft. (48 Sq. Ft. Permitted) Corinne Church, AICP, Principal planner, addressed the Board and gave a brief summation and presentation of the proposed signage at the Hilton Gardens Hotel. Ms. Church stated that staff recommends approval of all five (5) requested variances except for b(1) where applicant is requesting a100 foot pole sign and staff is recommending the variance be amended to an 80 foot pole sign with the following conditions: i) The pole and sign structure (I-beam and cabinet) shall be painted light blue or gray Planning and Zoning Advisory Board MINUTES 6 July 16, 2003 to reduce the visibility of the sign pole, and/or at the discretion of staff, and ii) The sign pole shall be fully integrated into the sign cabinet such that it appears as a single structure. Ms. Church continued with her presentation on Variance—a(1)to a(3) and b(2). Staff recommended approval to variance a(1)—2 monuments; a(2)—monuments sign setback of 3.5 feet; a(3)—directory sign of 9 sq ft. and b(2)—size of pole sign 200 sq ft subject to subject to review of detailed rendering of sign colors and materials. Robert MacLaren, Attorney representing Hilton Gardens addressed the Board regarding the requested variances. Michael Rodriguez, Project Architect, addressed the Board, regarding the request for the 100 foot pole sign height. Mr. Rodriguez commented on the tree canopy coverage and the surrounding businesses around the site. Victor Lohmann asked if this parcel is part of a larger parcel. Larry Leeds responded that this is a separate stand alone 3 acres parcel. Mr. Leeds, AICP, discussed height, location, and visibility of the sign; and height of the building with Mr. Rodriquez. Mr. Leeds agreed to make a site visit comparison, noting the tree canopy and visibility of the sign from the top floor of the Comfort Suites. He will not change his recommendation for tonight's meeting, but may revisit his recommendation upon his site inspection. Discussion between staff and the board regarding pole signs visibility from 1-95, and tree canopy interference around the Comfort Inn and Springhill Suites hotels. Larry Leeds asked that all the sign variances be grouped together except for b(1) where staff has made an exception with conditions. Chairperson Crooms opened the item for public comment. Hearing no one and seeing no one, the Chairperson closed the public hearing, and the item was brought back to the Board for further discussion. The following motions were made individually: a(1)—2 monument signs (1 allowed): Motion made by Gary Luedke to recommend approval, seconded by Victor Lohmann. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes a(2)— Monument sign setback of 3.5 feet (5 feet required): Motion made by Gary Luedke to recommend approval, seconded by Edward Bourgeois. Planning and Zoning Advisory Board MINUTES 7 July 16, 2003 Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes a(3)— Directory signs of 9 sq. ft (4 sq. ft. allowed): Motion made by George Jason to recommend approval, seconded by Victor Lohmann. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes b(1)— Height of pole sign 100 feet (50 feet allowed): Motion by George Jason, seconded by Victor Lohman to recommend approval of 80 feet, subject to Board directing staff to re-evaluate the height of pole sign and context of tree canopy exposure to northbound Intertate-95 and related items subject to final recommendation to be made by staff and the following conditions: i) The pole and sign structure (I-beam and cabinet) shall be painted light blue or gray to reduce the visibility of the sign pole, and/or at the discretion of staff; and ii) The sign pole shall be fully integrated into the sign cabinet such that it appears as a single structure. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke no George Jason yes Lottye Crooms yes IJO—Size of pole sign 200 sq. ft. (48 Sq. Ft. Permitted): Motion by Victor Lohmann, seconded by George Jason to recommend approval, subject to review of detailed rendering of sign colors and materials. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke no George Jason yes Lottye Crooms yes Planning and Zoning Advisory Board MINUTES 8 July 16, 2003 6) PL-51-03 — Request by Jason Howe of the Stiles Corporation Sterling, on behalf of Conoco Phillips Company, for a preliminary plat approval of the "PHILLIPS INDUSTRIAL PARK" plat. Property located at 1300 SE 32"d Street, Dania Beach. Larry Leeds, AICP, addressed the Board presenting the preliminary plat request for the "Phillips Industrial Park" Plat. He briefly described the preliminary plat to the Board and gave a summation of the PEDD regulations. Staff recommended approval subject to applicant designating the wetland preserve area on the plat. Mr. Leeds further explained that there is no access to the wetland parcel and staff requests the applicant to provide 15 foot easement around the perimeter of the property which is a standard plat requirement. If parcel is to be developed, staff request applicant to clarify how access is to be provided and that applicant has to contact the Public Works Utility for a written confirmation of access is permissible. Mr. Jason Howe of Stiles Corporation addressed the Board giving a summation of the project and intended warehouse use. Larry Leeds inquired about the time of construction. Mr. Howe responded that construction would be anticipated sometime in February of 2004. Comments made by Hoyt Holden of Calvin Giordano and Associates regarding access to Parcel B. Corinne Church, Principal Planner, indicated that a note could be added to the plat stating Parcel B (wetland preserve area)will not be developed, therefore eliminating any public access. Based on comments from Hoyt Holden, Mr. Howe and discussion with the Board members, Mr. Leeds summarized staff's recommendation to eliminate condition #3 from the staff report, since applicant has agreed to include a note on the plat indicating Parcel B will not be developed, thus eliminating any public access and replace it with conceptual access plan using Eller Drive and SE 14th Ave. Further questions regarding mitigation of the west parcel. Mr. Leeds mentioned about concerns that wetland area will be acquired by the Aviation department to mitigate it for runway expansion. Mr. Leeds asked the applicant for assurance that it will not be purchased by the County for mitigation or any purposes. Mr. Howe assured the Board that it would become a conservation easement. Staff discuss about conservation easement should be shown on the site plan and process of PEDD site plan submission. Corinne Church then read an excerpt on site plan review from page 17.70.6 section 15.16 stating "uses allowable within this article are exempt from the provision of any site plan review ordinances". This mean the applicant does not require site plan review as long as the use is allow in the district. Mr. Leeds suggested adding "conservation easement shall be recorded prior to issue of building permit" as another condition. Chairperson Crooms opened the item for public comment. Planning and Zoning Advisory Board MINUTES 9 July 16, 2003 Hearing no one and seeing no one, the Chairperson closed the public hearing, and the item was brought back to the Board for further discussion. Laurence Leeds summarized all the conditions requirements: 1. Indicate wetland preserved area and plat; 15 ft is required around the perimeter of property. 2. Applicant to obtain approval from City's Department of Public Services regarding access. 3. Applicant to provide conceptual access Ian from both Eller Drive and SE 14th Ave. PP P P P 4. Applicant to record conservation easement prior to City's approval of any building permits. Motion made by Victor Lohmann, seconded by Gary Luedtke to recommend approval of preliminary plat subject to the following conditions: Conditions from staff report and Board: 1. Indicate Parcel B as wetland preserve on plat (Planning). 2. A 15 foot easement is required around entire perimeter of property (Public Works/Utility) 3. Applicant to obtain approval of City Department of Public Works/Utilities regarding vehicle access. 4. Applicant to provide conceptual access plan from both Eller Drive and SE 14th Ave. 5. Applicant to record Conservation Easement prior to City's approval of any building permits. Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes 1) TX-49-03: Zoning Code (Parking Requirements): (Continued from June 18, 2003 Regular Planning and Zoning Advisory Meeting.) 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, AICP, addressed the Board and gave a brief summation of the proposed amendments. Mr. Leeds indicated key points regarding parking regulations relating to outdoor seating and sunset provision. Staff recommended approval. Planning and Zoning Advisory Board MINUTES 10 July 16, 2003 • Gary Luedtke questioned regarding additional amendments to the parking changes as to why is outdoor seating included with parking regulation. Mr. Leeds responded that two years ago, the city commission wanted to encourage restaurants (including outdoor seating) in existing buildings downtown. Due to a shortage of on-site parking, no new restaurants could be built without applying and obtaining a variance. New language was added to waive parking regulations for restaurants in existing buildings). Additional parking shall not be required for outdoor seating that has been specifically approved by the city commission. City Attorney, Tom Ansbro reminded the Board regarding sunset provision date on August 14, 2004, unless extended by ordinance of the city commission. Staff has also added the same sunset date for paragraph (f) of section 6.21 in the proposed amendment to the parking code. On August 14, 2004, city attorney and staff would have to make a decision regarding sunset provision to be permanent or not. Gary Luetdke queried about off-street parking in chapter 28 article 6.21. and the use and floor area equivalencies. The use and floor area equivalencies is intent as guideline to calculatestudent generation equal to parking requirements. Mr. Luedtke thanked the Community Development department for the zoning map. He questioned and read page 500 of the code of ordinance regarding "the owner of a structure shall be responsible for maintaining the minimum standards required by this article unless his lease with the operator provides otherwise. In any event the operator shall be responsible". Corinne Church mentioned that page 500 is from Chapter 8 Building which is part of building code and not part of zoning code. Louann Cunningham, board clerk explained that it was inserted in the code book because the Community Development department often has inquiries from citizens regarding building standard when they purchase the code book. City Attorney, Tom Ansbro asked Louann Cunningham to clarify with Ken Koch, the city's building official regarding building standard of the code ordinance. Motion made by Gary Luedtke to recommend approval to text amendment, seconded by George Jason Motion passed on the following roll call: Edward Bourgeois yes Victor Lohmann yes Gary Luedtke yes George Jason yes Lottye Crooms yes Adjourn. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSIONWITH REGARD TO ANY MATTER CONSIDERED Planning and Zoning Advisory Board MINUTES 11 July 16, 2003 I 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 July 16, 2003