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HomeMy WebLinkAbout2002-02-20 Planning and Zoning Board Minutes Y SUMMARY OF MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD • Wednesday, February 20, 2002 7:00 P.M. Roll Call - Lottye Crooms Laurence Leeds, AICP, Growth Management Director Paul Fetscher Thomas Ansbro - City Attorney Mike Nolan Lou Ann Cunningham - Board Clerk Lisa Young John Etling Lottye Crooms - Excused Absence Motion made by Mike Nolan to excuse Lottye Crooms, seconded by Lisa Young. Motion passed unanimously. 1) Approval of Minutes -January 16, 2002 minutes not completed. 2) VA-59-01 - (Continued from 1/16/02) Variance request by James Toth, representing Village Club Apartments for property located at 500 NE 2"d Street, Dania Beach for the • following variances: a) Variance to permit a six foot high (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). b) Permission to extend six-foot high fence across unimproved SE 5th Ave Right-of-Way. (Fence and wall to be located on the south side of NE 2"d St). 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 St. and an extension of six-foot high fence across unimproved SE 5th Ave. right-of-way. Mr. Leeds briefly described the two items and explained that the approval to construct the fence across unimproved SE 5th Ave right-of-way (on city land)will require the approval of the City Manager or City Commission. He also explained that the Fire Marshal has granted approval of the proposed fence only. However, the applicant cannot install an ingress/egress control devices, for the eastern entrance without a written approval from the Fire Marshal. Mr. Leeds recommended approval for the variance subject to staff's recommendation. Chairman John Etling opened the item for public comment. • Planning and Zoning Advisory Board February 20,2002 MINUTES • • Ed Polski of Craven Thompson addressed the Board. He distributed free location sketch to the Board and Mr. Leeds. He explained that the trees would be preserved; the proposed fence/wall would be concrete panel with columns, which would not interfere with the root systems of the black olive tree. John Etling inquired about the gate by the eastern entrance. Mr. Polski explained that the gate would not be locked; it will be part of a decoration and act as deterrent to non-residences. The west entrance is the emergency access gate approved by the Fire Marshall. Tom Ansbro City Attorney explained that the applicant could apply for Permission regarding issuing an encroachment agreement whereby it would allow a possible extension or erection of fence across city's right of way to the City Commission. Mike Nolan inquired the purpose of a six-foot fence and if there is any 6'-7' fence installed within the city. Mr. Polski explained that the six-foot fence acts as a deterrent to non- residences and he showed pictures of other properties that have 6' fences to the Board. Mike Nolan also inquired if the chief of police has approved of it. James Toth, representative for Village Club Apartments address the Board. He replied that one of the police personnel he had met informally, had agreed that the 6' fence would affect the surveillance in that area and is a deterrent statement. Mike Nolan requested a written memo confirming his statement from the BSO prior to the city commission meeting. Hearing and seeing no one, John Etling closed the public hearing, bringing the item back to the Board for further discussion. Motion made by Mike Nolan to recommend approval to permit a six-foot high CBS wall and metal picket fence subject to staffs recommendation and a written review memo approval by BSO; seconded by Lisa Young. Staffs recommendation: 1. Applicant to revise site plan to clearly show both existing trees on NE 2"d Street. 2. City landscape consultant to verify, prior to issuance of a building permit, that sufficient space is provided between the proposed fence/wall and existing trees. 3. Ingress/egress control devices (i.e., electronic gates) cannot be installed without the written approval of the Fire Marshall. Motion passed on the following call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 3) RZ-03-02 Rezoning request by Associated Engineers of South Florida, Inc. agent for John Leto, for property located at south side of Griffin Road and west of SW 27 'Ave., for the following zoning changes relating to the construction of an approximate 10,000 square foot retail center(abutting Griffin Road) and 20 townhouse units. • Planning and Zoning Advisory Board February 20,2002 MINUTES a) A rezoning from Broward County A-1 (Agriculture) and Broward County B-2 (General Commercial) to City of Dania Beach C-2 (Community Commercial) zoning district. b) A rezoning from Broward County A-1 (Agriculture) to Broward County RD-10 . (Duplex/Townhouse)zoning district. c) A rezoning from Broward County A-1 (Agriculture) to Dania Beach OS (Open Space) zoning district. Laurence Leeds gave a summation to the Board regarding the proposed rezoning changes relating to the construction of an approximate 10,000 square foot retail center (abutting Griffin Road) and 20 townhouse units. Mr. Leeds briefly described the three items and explained that items a) and b) are submitted by the applicant and item c) is submitted by the city. He further explained that the site plan submission is a preliminary site plan and subject to site changes if the City Commission has approved him with the rezoning requests. The applicant understands that he still must submit detailed site, architectural, and landscaping plans for site review, and has to go through the application process again. Furthermore, new public hearing notices for variance hearing will be re-notify to residences within 300 feet of the proposed site. Mr. Leeds explained to the Board that the applicant is requesting the following: i) increase the depth of the commercial zoning on Griffin Road by 25 feet (to approximately 170 deep) and changes the Broward County B-2 zoning designation to City of Dania Beach C-2 (community commercial). ii) Broward County RD-10 (10 townhome units per acre) because the Dania Beach • Zoning Code contains no "townhouse" zoning district. Dania Beach zoning district allows only 12 units per acre. iii) creates a 25-foot wide open space area between the adjacent single-family lots and the townhomes. Townhomes are not permitted within the open space area. Chairman John Etling opened the item for public comment. Gus Aguirre of Associated Engineers of South Florida, Inc. addressed the Board describing the project. Paul Fetscher inquired about the price of the town homes. Mr. Aguirre replied that the price range would be approximately 140,000 to 150,000 dollars. Mike Nolan inquired about the number of businesses at the retail center and parking spaces for retail center and town homes. Mr. Aguirre replied that he did not know the number of businesses yet. Mr. Leeds responded on behalf of Mr. Aguirre and explained the city zoning code's parking spaces requirement. Mike Nolan inquired about the kind of fence for the perimeter. Mr. Aguirre responded that it would be berm and some ficus hedge to serve as screen. Hearing and seeing no one, John Etling closed the public hearing, bringing the item back to the Board for further discussion. Planning and Zoning Advisory Board February 20,2002 MINUTES John Etling inquired about the impact use allow in the commercial district that may affect traffic on rezoning C-2. Mr. Leeds explained that C-2 (commercial zoning) is equally restricted to the county B-2 (business zoning) • Motion made by Mike Nolan to recommend approval to all three zoning requests relating to the construction of an approximate 10,000 square foot retail center (abutting Griffin Road) and 20 townhouse units, seconded by Paul Fetscher. Motion passed on the following call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 4) Request by Chris Cutro, representing Victory Living for property located at 851 W Dania Beach Blvd. for the following: SP-01-02 - Site Plan to expand existing administrative office (1,400 square foot addition). RZ -02-02 - Rezoning request from RM (multi-family) zoning to C-1 (commercial-office) Laurence Leeds gave a summation to the Board regarding the proposed site plan expansion and rezoning of existing building from RM to C-1 zoning. Mr. Leeds briefly described the two items and explained that a site plan is not necessary but rezoning is required to obtain financial assistance for the additional building. The new office addition space will be use as their administrative office as well as an accessory use to the apartment complex and are permitted under existing RM zoning. He recommended • approval to site plan and zoning change. Chris Custro, Director of Planning, Saltz Michelson Associates addressed the Board and described the rezoning request. He also introduced Dennis Des Jardin, Executive Director for Victory Living Program. He gave a brief summary about Victory Living Program and the formality requirement from various funding entities in order to receive financial support. Mr. Custro explained the purpose of rezoning would increase the property value and would also comply with the Broward County Comprehensive Planning for city use flexibility. Rezoning is required to obtain financing for the building addition. Dennis Des Jardin, Executive Director for Victory Living Program addressed the Board and described that the facility has been in operations since December 1984. He mentioned that the rezoning request could help strengthen the organization and that the financial capacity could help insure the running of the program for a long time. 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 Lisa Young to recommend approval of the site plan to expand existing administrative office (1,400 square foot addition), seconded by Mike Nolan. • Planning and Zoning Advisory Board February 20,2002 MINUTES Motion passed on the following call: Paul Fetscher - yes Lisa Young - yes . Mike Nolan - yes John Etling - yes Motion made by Paul Fetscher to recommend approval of the rezoning request from RM (multi-family)zoning to C-1 (commercial-office), seconded by Lisa Young. Motion passed on the following call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 5) IROC & IROM ORDINANCE — An amendment to article 27 "Industrial-Research-Office- Marine (IROM)" and article 30 "Industrial-Research-Office-Commercial (IROC)" district to change the list of permitted, special exception, and prohibited uses. AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 27 "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM)" DISTRICT TO CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; AND BY AMENDING ARTICLE 30 "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC)" DISTRICT TO CHANGE THE LIST OF PERMITTED, SPECIAL EXCEPTION AND PROHIBITED USES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds gave a summation to the Board regarding the proposed text change • amending portions of the Industrial-Research-Office-Marine (IROM) and Industrial- Research-Office-Commercial (IROC) zoning districts. Mr. Leeds explained that in August 2000, the City Commission adopted amendments to the IROM zoning district, created the IROC zoning district, and rezoned M-1, M-2, and M-4 zoned properties districts to IROM or IROC. He further described that the draft IROM/IROC text changes are partly in response to comments from landowners and developers that he had met. He also mentioned about the deletion and addition of some languages in the proposed text change. Mr. Leeds recommended approval to the proposed text change amendment where "new language is added on page 3 item to read as "Distribution facility or delivery service (g) y ry facili as a principal use subject to the following additional conditions:" 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 Mike Nolan to recommend approval to the proposed text change ordinance with amended language (add new ordinance language on page 3 item (g) to read "Distribution facility or delivery service facility as a principal use subject to the following additional conditions:), seconded by Paul Fetscher. • Planning and Zoning Advisory Board February 20,2002 MINUTES Motion passed on the following call: Paul Fetscher es- Lisa Young - es Y 9 Y Mike Nolan - yes John Etling - yes Motion made by Lisa Young to recommend approval to the proposed entire text change ordinance including amendment to language, seconded by Mike Nolan. Motion passed on the following call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes 6) FORTUNE TELLER ORDINANCE —An amendment of chapter 28 "Zoning" of the code of ordinances of the City of Dania Beach, Florida. AN ORDINANCE AMENDING CHAPTER 28 "ZONING' OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE IV. "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS" TO ADD FORTUNE TELLERS, PALMISTS, CLAIRVOYANTS AND ASTROLOGISTS TO THE LIST OF PERMITTED USES FOR THE C-3 "GENERAL BUSINESS DISTRICT," WITH LOCATIONAL RESTRICTIONS; AMENDING ARTICLE XXVI, SECTION 26.10(a) TO APPLY SIMILAR LOCATIONAL RESTRICTIONS TO THESE USES AS PERMITTED IN THE COMMUNITY BUSINESS B-2 DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds gave a summation to the Board regarding the proposed text change regulating Fortune Tellers, Palmists, Clairvoyants, or Astrologists in C-3 and B-2 Zoning Districts. Mr. Leeds explained that the City Commission has requested a text amendment regulating the location of fortunetellers, palmists, clairvoyants, or astrologers. He recommended approval to the proposed text change amendment ordinance as drafted by the City Attorney which would allow fortunetellers only in C-3 (commercial) and B-2 (community business)zoning districts, and then only if located at least 2,500 feet apart. 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 Mike Nolan to recommend approval to the text change amendment to regulating Fortune Tellers, Palmists, Clairvoyants, or Astrologists in C-3 and B-2 Zoning Districts, seconded by Paul Fetscher. Motion passed on the following call: Paul Fetscher - yes Lisa Young - yes Mike Nolan - yes John Etling - yes Adjourn. Planning and Zoning Advisory Board February 20,2002 MINUTES 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 SHERYL CHAPMAN,100 W.DANIA BEACH BLVD,DANIA BEACH,FL 33004,(954)924-3630,AT LEAST 72 HOURS PRIOR TO MEETING. Planning and Zoning Advisory Board February 20,2002 MINUTES