HomeMy WebLinkAbout2002-01-16 Planning and Zoning Board Minutes SUMMARY OF MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
Wednesday, January 16, 2002
7:00 P.M.
Roll Call -
Lottye Crooms Laurence Leeds, AICP, Growth Management Director
Paul Fetscher Thomas Ansbro- City Attorney
Mike Nolan Gloria Brandes - Board Clerk
Lisa Young
John Etling
Lisa Young - Excused Absence
Motion made by Paul Fetscher to excuse Lisa Young, seconded by Lottye Crooms.
Motion passed unanimously.
1) Approval of Minutes -
Motion to approve amendment of minutes (grammatical corrections made on page 2, third
paragraph from the bottom page) made by Mike Nolan, seconded by Paul Fetscher.
Motion passed unanimously.
Motion to approve minutes of the November 28, 2001 Regular Planning and Zoning
Advisory Board Meeting as amended made by Paul Fetscher, seconded by Mike Nolan.
Motion passed unanimously.
2) VA-59-01 - Variance request by James Toth, representing Village Club Apartments for
property located at 500 NE 2"d Street, Dania Beach for the following variance:
Variance to permit a six foot high (with seven foot columns) CBS wall and metal picket
fence in the front yard of a multi-family development adjacent to NE 2"d St. (Fence and
wall limited to four feet in height in the front yard).
Laurence Leeds gave a summation to the Board regarding the proposed construction of a
six-foot high CBS wall and metal picket fence in the front yard of a multi-family
development adjacent to NE 2"d Street.
Mr. Leeds briefly described the item and explained that the wall must be installed in a
location that would not impact the two large existing ficus trees along NE 2"d Street.
Secondly, the wall sign needs to meet code requirements.
Mr. Leeds requested a revised site plan and recommended this item be continued to the
next Planning and Zoning Advisory Board Meeting on February 20, 2002.
John Etling asked City Attorney Thomas Ansbro's opinion on extending the wall across
city right of way (unimproved NE 5th Avenue).
PLANNING AND ZONING ADVISORY BOARD JANUARY 16, 2002
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Mr. Ansbro advised t ity Commission could approve an roachment agreement
whereby it would allow tip to encroach onto the city's righ way.
James Toth, representative for Village Club Apartments, addressed the Board. He had
consulted Craven and Thompson Associates to review the plan and was advised that the
trees could be preserved.
Paul Fetscher inquired if there are any 6'-7' fences installed within the city. Mr. Leeds
gave an example of a multi family project in the southeast part of the city that has a six
foot fence.
Mr. Toth explained the purpose of having a six-foot fence is to provide privacy and security
for the tenants.
Mike Nolan inquired about the problems that Mr. Toth is facing currently. Mr. Toth
mentioned debris and mattresses left on the swale and by the fence of the property on
Mondays.
Chairman John Etling opened the item for public comment.
Maura Whelan, resident at 101 SE 2"d St. spoke in favor of fence variance and retention of
the ficus trees.
Lisa Drake, resident at 202 NE 5t' Ave. mentioned that she had not seen any debris or
mattresses left by the fence of the property. She also spoke in favor of the fence variance
and retention of the ficus trees, but objected to closing off city property.
Hearing and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion.
Mr. Leeds recommended continuing the hearing so that applicant can revise the site plan
confirming that the trees will be preserved, providing details on the type of fence, and that
it is in compliance with Fire Department requirements.
Mr. Toth agreed to revise site plan in compliance with staff's recommendation.
Mike Nolan indicated no objection to the fence height variance and appreciated Mr. Toth's
flexibility and his agreement to continue the hearing.
Motion made by Mike Nolan to recommend a continuance of variance VA-59-01 to
February 20, 2002, seconded by Lottye Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
3) SP-61-01 - Site Plan request by Gary Heldenmoth, representing Stirling Petroleum Inc. for
property located at 3991 Stirling Rd., to permit the renovation of an existing service station
and addition of accessory car wash.
Laurence Leeds gave a summation to the Board regarding the proposed service station
renovation and installation of a new accessory use car wash. Mr. Leeds had no objection
PLANNING AND ZONING ADVISORY BOARD JANUARY 16, 2002
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to the request for ap $vi
I, subject to staff's recommendatio modifications to the
pump island spacing ansed landscaping identified in the st modifications
Mr. Gary Heldenmoth, representative for Stirling Petroleum addressed the Board. He
agreed to comply with staff's recommendations prior to the City Commission meeting on
February 26, 2002.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion.
Motion made by Lottye Crooms to recommend approval of site plan SP-61-01 regarding
the renovation of the existing Service Station / Convenience Store and to install a new
Accessory Use Car Wash subject to staffs recommendation, seconded by Paul Fetscher.
Staff's recommendation:
1) Applicant shall revise the site plan to comply with pump island spacing and
setback requirements.
2) Applicant to work with the City Landscape Consultant to prepare a revised
landscape plan as indicated above.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
4) SP-65-01 - Site Plan request by Mikel Isaac, representing Stirling Station Inc. for property
located at 5813 SW 40"' Ave., to permit the construction of a gas station, convenience
store, and a car wash.
Laurence Leeds gave a summation to the Board regarding the proposed construction of a
new gas station, convenience store, and a car wash.
Mr. Leeds briefly described the site plan request and mentioned that a revised plan was
submitted on the day before the Planning and Zoning meeting (January 15, 2002).
Mr. Leeds further explained that Broward County approved a "development order" for the
site plan prior to its annexation into the City of Dania Beach. Mr. Leeds asked City
Attorney Ansbro whether the 350-yard service station "entrance/exit" setback requirement
applied to this service station project.
Tom Ansbro explained that new issues could not be revisited once the site plan has been
approved by Broward County.
Mr. Leeds recommended that the canopy and pump array be moved approximately five to
ten feet to the east and that the auto vacuum cleaners be removed from under the
overhead power lines. Mr. Leeds had no objection to recommending approval, subject to
resolving all landscape and tree preservation issues prior to City Commission.
Mike Isaac, representative for Stirling Station addressed the Board. He agreed to remove
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the auto vacuum clean rom under the overhead power line d relocate them to the
southwest corner of the perty as suggested by Mr. Leeds.
Mike Nolan expressed concern regarding public safety in and around the convenience
store.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion.
Motion made by Paul Fetscher to recommend approval of site plan SP-65-01, regarding
the construction of a new Service Station / Convenience Store and Accessory Use Car
Wash subject to staffs recommendation on landscaping, CPTED review, and the
relocation of the canopy, pump islands, and auto vacuum cleaners, seconded by Lottye
Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
5) Petition made by John Bartley, for property located at Mason Sub Amended Plat 14-19 Yz
B Lot 1 through 6 Blk 3, Dania Beach for the following requests. Located at approximately
the SE corner of SE 1st Terrace and SE 1st Avenue.
a) RZ-64-01 - Rezoning request from C-2 (Commercial)to PUD-B (Planned Unit
Development)with the assignment of four(4) reserve units.
b) VA-63-01 (a) -Variance request to allow back out parking on SE 1st Terrace (Back out
parking prohibited) Section 33-214 of Article V of the Zoning Appendix.
c) VA-63-01 (b) -Variance request to allow a minimum parcel size of 14,700 sq. ft. in a
PUD-B district (Minimum parcel size is 15 acres). Section 7.42 of Chapter 28 (Zoning
Code) of the City Code.
d) SP-62-01 - Site Plan request to permit the construction of two duplexes (4 units).
Laurence Leeds gave a summation to the Board regarding the proposed rezoning,
variances and site plan. Mr. Leeds briefly described the three items.
The petitioner John Bartley addressed the Board describing the project.
Chairman John Etling inquired if the property is approved as PUD-B, could it be sold
individually as duplexes. Mr. Leeds answered that it could be sold as duplexes.
Chairman Etling opened the item for public comment.
Maura Whelan, resident at 101 SE 2nd St. inquired about fencing, traffic flow and parking
spaces at the property. She also spoke in favor of the construction of 2 duplexes.
Dave Larkin, Maura Whelan's husband, also spoke in favor of duplex over the motel which
was originally proposed.
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Hearing and seeing no a further, Chairman Etling closed the lic hearing, bringing the
item back to the Board for further discussion.
RZ-64-01 - Motion made by Mike Nolan to recommend approval of the request to rezone
the property from C-2 (Commercial) to PUD-B (Planned Unit Development) with the
allocation of four reserve units; seconded by Lottye Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
VA-63-01(a) & (b) - Motion made by Lottye Crooms to recommend approval of the
variances allowing (a) back-out parking on SE 1" Ave and SE 1st Terrace and (b) a
minimum parcel size of 14,700 sq ft; seconded by Mike Nolan.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
SP-62-01 - Motion made by Mike Nolan to recommend approval of the site plan for the
construction of two duplexes and with 30% of trees changed to broadleaf trees; seconded
Lottye Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
6) VA-60-01 - Variance request by David Zelch, Architect, representing American Maritime
Officers AMO-RTM Star Center Rescue Training Center, for property located on the Dania
Cutoff Canal, Schick Plat 161-10 B Tract A, Dania Beach.
a) Variance to permit the construction of a 6 ft. high masonry wall immediately adjacent to
the east property line of the property (wall required to be setback five feet from the
east property line). Section 26-47 of Chapter 26 (Vegetation)of the City Code.
b) Variance to permit the removal of a (potential) specimen tree and deposit an
equivalent value into the City Landscape Trust Fund. Section 26-23 of Chapter 26
(Vegetation) of the City Code.
Laurence Leeds gave a summation to the Board regarding the proposed variances to
permit construction of a six (6)foot high masonry wall immediately adjacent to the property
line and the removal of a tree.
Mr. Leeds corrected the staff report to indicate that the tree is not a specimen tree. It is a
black olive tree and has been improperly pruned. Mr. Leeds recommended approval of
variance to move the wall back to the property line.
David Zelch, Architect, representing AMO and RTM Star Center addressed the Board. He
agreed to move the wall back to the property line. He mentioned that the tree was
PLANNING AND ZONING ADVISORY BOARD JANUARY 16, 2002
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improperly pruned by Ssleeof
sident next door who does not likestaining of leaves and
the mess made on her the property.
Mr. Zelch further mentioned that the tree is obstructing the Center's routine training. The
existing tree would be replaced by new trees and the Center is willing to contribute to the
City Landscape Trust Fund.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one, John Etling closed the public hearing, bringing the item back
to the Board for further discussion.
Motion made by Lottye Crooms to recommending approval of variance VA-60-01 (a)
allowing the construction of a six (6) foot high masonry wall placed immediately adjacent
to the lot line; seconded by Paul Fetscher.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - yes
Paul Fetscher - yes John Etling - yes
Motion made by Mike Nolan to recommend denial of the removal of black olive tree,
seconded by no one. Motion failed for the lack of a second.
Motion made by Lottye Crooms to recommending approval of variance VA-60-01 (b)
allowing the removal of a black olive tree, subject to the contribution of$2,500 or more to
City Landscape Trust Fund; seconded by Paul Fetscher.
Motion passed on the following roll call:
Lottye Crooms - yes Mike Nolan - no
Paul Fetscher - yes John Etling - yes
Motion made by Lottye Crooms to adjourn, motion passed unanimously.
Adjourn
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSION WITH REGARD TO ANY
MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS
SHOULD CONTACT CHARLENE JOHNSON.CITY CLERK,100 W.DANIA BEACH BLVD.DANIA BEACH,FL 33004,(954)924-3622.AT LEAST 48 HOURS PRIOR TO
MEETING.
PLANNING AND ZONING ADVISORY BOARD JANUARY 16, 2002
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