HomeMy WebLinkAbout2003-09-17 Planning and Zoning Board Minutes • r ►
y • SUMMARY MINUTES •
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday, September 17, 2003
7:00 P.M.
ROLL CALL
Edward Bourgeois Thomas Ansbro—City Attorney
George Jason Laurence Leeds, Director Community Development
Victor Lohmann "(Arrived after roll call) Corinne Church, AICP, Principal Planner
Gary Luedtke Lou Ann Cunningham—Board Clerk
Motion to excuse Lottye Crooms by Gary Luedtke, seconded by Edward Bourgeiois.
Laurence Leeds, Director of Community Development introduced City Manager Ivan Pato. City
Manager Pato addressed the Board thanking them for their volunteer efforts as Advisory Board
members on behalf of the City and Commission.
Corinne Church, Principal Planner for the Department of Community Development addressed
the Board giving a summary of the City Commission's action on past Planning Board items
which were addressed at the August 12 and August 26 meetings.
1. Request by Gustavo J. Carbonell, AIA, representing Elias Peachik owner of Real
Estate Development I, LLC., for property located approximately 235 feet North of
Griffin Road on Southwest 32 Avenue, Dania Beach. Mr. Carbonell is requesting
the following:
VA-39-03—Variance request for the following:
i) To allow an irregularly shaped 19 foot x 17 foot two car garage
(minimum two car garage size requires 20 foot x 20 foot unobstructed
area.) Chapter 28, Zoning, Article VI Supplementary Use Regulations,
Section 6.21 Off-street Parking
ii) From generalized landscape requirements identified in Chapter 26,
Vegetation.
SP-39-03 — Site plan to construct 10 townhouse units in an R-3 Multi-family zoning
district.
Corinne Church, Principal Planner for the Department of Community Development addressed
the Board and described the requested variances and site plan. Ms. Church described the
existing conditions on the two (2) lots as two (2) existing vacant single family homes put
together as one. The property is located north of Griffin Road on SW 32"d Avenue across from
the Publix supermarket. Immediately south of this property is zoned commercial and across the
street is an office building. Along SW 32"d Ave., there are some single family homes on the east
and multi-family development on the west side of the street Applicant is proposing construction
of 10 town home units with a variance to waive minimum two car garage size allowing an
irregularly shaped, 19' X 17' two car garage (code allow minimum two garage size of 20' X 20'
unobstructed area). Variance for landscape requirements is no longer needed
Planning and Zoning Advisory Board
SUMMARY MINUTES 1 September 17, 2003
Ms Church indicated that there were eight outstanding issues review from staffs report. Two of
the comments have been addressed prior to tonight meeting, and they were comment (1) on
clarification of lot depth and comment (6) on pervious calculations. She also advised the
applicant to discuss with the Director of Public Services regarding the 15' easement
requirement.
Staff is recommending denial of the variance for minimum garage size, clarifying that the
landscape variance is no longer needed and continuance of the site plan to allow the applicant
to address the issues identified in the staffs report.
* At this time Advisory Board member Victor Lohmannn arrived.
Gus Carbonell architect on behalf of applicant has no problems with staff's recommendations.
He presented some color rendering to the Board and gave a brief summary of their proposed
development. Mr. Carbonell explained that he had spoken to Mr. Sheridan, Director for Public
Services, regarding dedication of an easement. He also explained that the trash would be
individual containers. Mr. Carbonell requested for withdrawal on the variance request for
parking waiver, and agreed to indicate that the site plan will have 1.5 car garages in the HOA
documents.
Victor Lohmannn asked about handling of the trash. Mr. Carbonell explained that the residents
stored the trash in the garage or rear yard. Provision of five (5) feet easement allows access
around the property.
Mr. Leeds asked about trash pick up situation in a gated community. Mr. Carbonell proposed for
a common dumpster. Mr. Leeds advised Mr. Carbonell to discuss with Public Services Director.
He also mentioned that the site plan needs to be revised to address conditions which the Board
and staff discuss, needs documentation from the Public Services Director, and location of
dumpster enclosure. Staff recommends denial of variance for garages and if applicant identify
as 1.5 car garages, it needs to be documented in the homeowners association (HOA)
document.
Mr. Carbonell stated that the applicant decided to withdraw the parking variance, increase the
length of garage to 20', and also comply with staff recommendation on identifying the garages
as 1.5 car garages and documented it in the homeowners association (HOA) document.
Vice Chairman Jason opened the item for public comment. Hearing no one seeing no one
public hearing closed. No further discussion item was brought back to the Board.
Motion made by Victor Lohmannn recommending approval of site plan SP-39-03, subject to the
following conditions:
ZONING
1. At time of P &Z submittal, amend note#1 on survey and submit a public records search and
show all land encumbrances on the survey. This is the 3rd time this information has been
requested.
2. Provide net and gross acreage on survey. This is the 3rd time this information has been
requested.
3. Lot depth shown on survey and site plan does not match. Please correct inconsistency.
LANDSCAPING
Planning and Zoning Advisory Board
SUMMARY MINUTES 2 September 17, 2003
4. Obtain letter from all utilities located in easement allowing landscaping to be located within
easement.
5. Reduce width of driveway to 24' to provide landscape area along south property line outside
of pedestrian easement. Moving the building north may be necessary. This is the 2nd time
this information has been requested.
6. Provide pervious calculations based on corrected lot dimensions. This will require the site
plan and survey dimensions to match.
UTILITIES
7. 15' easement required entire perimeter.
8. Easements and right of ways must match neighboring properties at minimum.
Additional conditions:
9. Dumpster and dumpster enclosure shown on site plan.
10. Public Services Director indicates in writing what is and what is not permitted within the 15
foot easement area.
11 Public Services Director signs off in writing on the garbage pick up arrangements.
Seconded by Gary Luedtke. Motion passed on the following roll call:
Edward Bourgeois yes Victor Lohmannn yes
George Jason yes Gary Luedtke yes
2. Request by Gil Bouchacourt, representing Key College, for property located at 225
East Dania Beach Blvd., Dania Beach. Mr. Bouchacourt is requesting the
following:
VA-65-03 — Variance request to waive up to 52 parking spaces to allow a private
business school at the Citibank Building (244 spaces required for school, library,
bank, and general offices; 192 spaces provided) Chapter 28, Zoning, Article VI
Supplementary Use Regulations, Section 6.21 Off-street Parking.
SE-65-03 — Special Exception to allow a private business school in the Citibank
Building in a C-1 Zoning District.
Laurence Leeds, Director of the Department of Community Development addressed the Board
and described the requested variances and special exception use for an adult educational
facility. Mr. Leeds recommended the parking variance be evaluated by the City's traffic
engineering consultant. Staff is requesting continuance until the Planning and Zoning Advisory
Board meeting on October 15 to allow for traffic consultant review.
1) Provide parking and floor area calculations for entire building and site with existing uses and
with proposed uses.
2) Identify use of floor area located above bank drive through.
3) Please provide signage detail to allow staff to review to ensure no variances are needed. If
a sign variance is needed, approval by the City Commission is necessary which could result
in additional delay.
Victor Lohmannn asked Mr. Leeds regarding the city's position on leased parking. Mr. Leeds
responded that that leased parking does not count toward meeting the parking requirement.
Planning and Zoning Advisory Board
SUMMARY MINUTES 3 September 17, 2003
Gil Bouchacourt address the Board as owner of the CitibanQuilding. He described the
request stating that majority of the students are working adults, approximately 75 students will
be attending in the morning and 75 students attend in the evening.
Randy Kaufman, architect representing Key College described lots being used would be mainly
the Sheridan Street lot. He mentioned that FDOT and Tri-Rail are working with him to help
better utilize their system.
Comments and discussion among Board members and applicant regarding the use of public
parking as a means for addressing parking concerns. The Board also had concerns that a
maximum student body could hold as much as 150 students.
Eddie Mull, CAD Program Director, addressed the Board commenting on the parking on the
north, and assumptions for the student body of the school.
Corinne Church explained that parking requirement is based on building usage. The parking
count is based on building uses as originally approved (office building). Because the applicant is
proposing a school (which requires more parking than office use), a variance is required.
Ron Dooley, President of Key College, addressed the Board, indicated he agreed with Board's
concerns on parking for 150 students, of which, 90 % drive, 10% ride on bus or get a ride. Mr.
Dooley agrees with the code, is looking for solution for school and feels that securing parking off
campus preferably within walking distance would be the best scenario.
Vice Chairman Jason opened the item for public comment. Hearing no one seeing no one
public hearing closed. No further discussion item was brought back to the Board.
Further discussion among Board members indicating there is a definite parking problem
downtown. If the school is granted with the parking variance and a lease in perpetuity is not
agreed to, parking would be disastrous. The signage issue with the "Maxnet" sign was also
discussed and it was noted that the "Maxnet" sign should be removed if the petition is granted.
Motion made by Victor Lohmannn to continue the items to the October 15 Planning and Zoning
Advisory Board meeting, seconded by Edward Bourgeious.
Motion passed on the following roll call:
Edward Bourgeois yes Victor Lohmannn yes
George Jason yes Gary Luedtke yes
3. Text Amendments— Pervious Area and Vegetation
Louann Cunningham, board Clerk passed out copies of information regarding Article 29
Pervious and Impervious Areas to the Board members.
Laurence Leeds, Director of the Department of Community Development addressed the Board
and described the proposed changes to Article 29, Pervious and Impervious Areas Text
Amendment. Mr. Leeds indicated that one of the commissioners expressed concern regarding
the lack of open space or excessive density in townhouse developments. Currently, townhouse
development is required to provide 40% open space. Under the proposed text change, 50 %
open space would be required outside the Local Activity Center(downtown)area.
Planning and Zoning Advisory Board
SUMMARY MINUTES 4 September 17, 2003
Victor Lohmann asked MO eeds what the rational basis would AlMr. Leeds said one of the
commissioners felt that townhouse density was too high and open space insufficient. This text
amendment is response to the commissioners' request.
Mr. Leeds indicated most Broward cities surveyed require 30-40% open space.
Another provision in the text change would allow the Commission to reduce pervious area
downtown from 30% to 15% subject to engineering approval by the Public Services director
(Currently the commission can reduce pervious area in the LAC/Downtown area to 20%, but
without any engineering review).
Board continued to discuss about open space requirements and comparison withcompetitive
surrounding communities.
Vice Chairman Jason opened the item for public comment. Hearing no one seeing no one
public hearing closed. No further discussion item was brought back to the Board.
Motion made by Victor Lohmannn recommending approval of Text Amendment (Pervious Area)
except for the portion increasing the pervious area requirement for multifamily & townhouse
development outside the LAC from 40% to 50%, seconded by Gary Luedtke.
Motion passed on the following roll call:
Edward Bourgeois yes Victor Lohmannn yes
George Jason yes Gary Luedtke yes
Laurence Leeds, Director of the Department of Community Development addressed the Board
and described the requested Vegetation Text Amendment. Mr. Leeds described the proposed
amendment regarding setback requirements for landscape buffers. Currently only 5 foot buffer
is required. This text change will increase the buffer to 10 feet in commercial and industrial area
and 10 feet adjacent to public streets for multifamily (15 feet if the street is major road). Also,
five feet will continue to be allowed in the LAC/downtown area.
Corinne Church, Principal Planner agreed with Laurence Leeds on establishing a new 5 foot
perimeter buffer in downtown LAC.
Board suggested the following items be added to the ordinance amendment.
Sec. 26-51 (3)—To provide 5 foot buffer in downtown LAC.
Sec. 26-52 (4)- Screen wall shall be set back at least the depth of the buffer.
Vice Chairman Jason opened the item for public comment. Hearing no one seeing no one
public hearing closed. No further discussion item was brought back to the Board.
Motion made by Gary Luedtke recommending approval of Text Amendment (Vegetation)
seconded by Victor Lohmann.
Motion passed on the following roll call:
Edward Bourgeois yes Victor Lohmannn yes
George Jason yes Gary Luedtke yes
Planning and Zoning Advisory Board
SUMMARY MINUTES 5 September 17, 2003
Victor Lohmann brought 40subject on lack of distinction on fellwall height between
freeway and private yard for discussion among Board members.
DISCUSSION ITEM—Planning and Zoning Advisory Board Duties and Procedures
Presentation by City Attorney, Tom Ansbro regarding Planning and Zoning Advisory Board
duties and procedures. Discussion of certain items which are problematic and cannot be
enforced legally by law or by the building code. Examples of pitched roof requirement and
restriction of boat and trailer parked in front yard.
Discussion among Board members as to what restriction of boat and trailer are allowed or not in
the front yard. Louann Cunningham, Planning Associate, read aloud an excerpt from the code
Chapter 25, Traffic, Article 3, Division 6, Section 25-125: Parking of recreational vehicles in
residential areas.
Laurence Leeds, Director, Department of Community Development gave a brief summary
regarding the City Interlocal agreements and the Broward County School Board. He stated that
the State of Florida law required a planner from the School Board to sit on the dais as an ex-
officio member for any rezoning or land use plan amendments that increases residential density.
The City Attorney's office is working on a change to the Charter that allows the school board
member to sit on this dais. The City Commission has the discretion to make the school board
planner a voting member.
Gary Luedtke spoke regarding the FAPA conference for Planning and Zoning Officials. Mr.
Luedtke noted that other members who attended the same class commented that they were
used to turning down 99% of the variance request as a matter of course; Advisory Board
members were paid $25 to attend; walls and fences around communities are a thing of the past.
He passed out graphics of wall samples to the Board.
Lou Ann advised board members to turn in receipts for mileage, meals and parking and they
would be reimbursed.
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
SUMMARY MINUTES 6 September 17, 2003