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HomeMy WebLinkAbout2002-05-15 Planning and Zoning Board Minutes • MINUTES CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD Wednesday, May 15, 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 1) Approval of Agenda— Motion made by Lottye Crooms to excuse Mike Nolan and Lisa Young, seconded by Paul Fetscher. Motion passed unanimously. 2) VA-13-02 — Variance request by Gary Posner, owner, Treasure Cove Associates, LTD, for property located at SW 45th Street and SW 27th Avenue, Dania Beach, FL from the following code sections, relating to the revised site, landscape, and boat slip plan for the Treasure • Cove Townhouses Site Plan: a) Chapter 28, Article 29 Pervious and Impervious area requirements - Variance to allow 37% pervious area (40% previous area required) in order to construct screen enclosed wood decks in the rear yards of townhouses; b) Chapter 28, Article 26, Section 26.10 - Variance to allow 13 foot rear yard setback (15 feet required) in order to construct screen enclosed wood decks in the rear yards of townhouses rear adjacent to SW 45th Street and SW 27th Avenue; c) Chapter 28, Article 26, Section 26.10 -Variance to allow 8 foot rear yard setback (15 feet required) in order to construct screen enclosed wood decks in the rear yards along the west lot line; d) Chapter 28, Article 28, Signs, Section 28.095 Residential multifamily complexes or communities. -Variance the construction of two entryway signs as follows: 1. Two signs on a street frontage of measuring 292 feet (no entryway signs permitted when frontage is less than 300 feet). 2. Each sign to have an overall width of 21 feet (maximum 14 feet permitted). 3. Each sign to have a maximum lettering width of 13 feet (maximum 10 feet permitted). 4. West sign to have a setback of four feet (12 feet required). 5. East sign to have a setback of eight feet (12 feet required). 6. Maximum sign height cannot be ascertained from the drawings (maximum sign • height is eight feet). MINUTES May 15, 2002 • Mr. Gary Posner addressed the board describing his request for a variance to allow installation of wood deck. He produced a letter from his engineer and a memo from Bud Palm, Director of Utilities/Public Works to support his requests. He withdrew Variance (b) "Variance to allow 13 foot rear yard setback (15 feet required)". Chairman John Etling opened the item for public comment. Eugene Herron of 4460 SW 27th Ave. inquired about the actual setback requirements of whether it is 15 feet or 25 feet from property line. Laurence Leeds explained that Treasure Cove is required to provide a 15 foot rear yard setback along SW 27th Avenue and SW 451h Street under RM-10 multi-family zoning (The site plan indicates the buildings will be setback 25 feet from the adjacent streets). Mr. Herron's property is zoned single-family, and as such, is required to provide a 25 foot setback adjacent to SW 27th Avenue. Jenny Valetti of 4445 Treasure Cove Dr., wanted to clarify if the Board is allowing Mr. Posner's request for the sign overall width of 21 feet. Leeds replied that Treasure Cove was requesting a variance to allow two signs, each 21 feet in length. Valletti preferred to see two small signs than one big sign. John Etling explained to first time attendees that the Planning and Zoning Advisory Board is here to comment on the applicants' requests and make recommendation to the City Commission who will have the final decision. During the City Commission meeting, there will be another public hearing and citizens are welcome to express their opinions. • Sherry Pollock of 2725 SW 46th St., spoke concerning about children safety because there are no stop sign at entrance of Treasure Cove. She suggested installing speed bumps to slow down incoming traffic. Billy Collins of 2756 SW 46th PI. asked the Board and Mr. Posner to consider constructing sidewalks, stop signs and proper traffic for the benefit of the community. Robert Read of 2724 SW 45th St. remarked the size of the signage in front of his house is too big. He commented that the community does not need any additional signs and added that a signed petition for speed bumps was sent to the City Manager on February 26, 2002. He also mentioned that wood shadowbox fence is not strong enough to withstand any severe hurricane and need to be replaced periodically. The community assumed that the developer would be replacing the wooden fence with concrete fence. He was concerned about who would be responsible for replacement of damaged fence. Leeds indicated that maintenance of the fence will be the responsibility of the homeowners association for the units now under construction. Mr. Leeds also indicated that this is the first time he has heard of a petition to the city manager regarding speed bumps. He assured the residents that he would convey Mr. Reed's comments and discuss with the city manager. Karen Gottlieb of 4473 Treasure Cove Dr. complained that she and some other residents were not notified of the hearing. She wants to know the definition of pervious area and concerned about flooding problem that happened on February 1st 2002 down by SW 46th Place and SW 28th Ave. She voiced objection to setback pervious area and signage variance. She also stressed concerns about traffic flow and speed bumps. She was upset about her water rights being taken • off and her boatlift was not listed as an encroachment on the site plan. MINUTES May 15, 2002 Leeds indicated the city uses a research program called "metroscan" to identify property owners • within 300 feet and that staff cross checks the metroscan list with the Broward County Property Appraiser's database for verification. Leeds indicated that staff has since corrected Ms. Gottlieb's mailing address. Leeds also stated that any persons who felt that they have not received proper notice to contact Lou Ann Cunningham after the meeting. Ms. Gottlieb noted to the Board that GaryPosner approached her just before Christmas of 2001 PP J , informing her that he will be building eighteen (18) docks in front of her house; and that if she does not like it, he would offer to put a fence up to block the view of the docks. She claimed to receive a letter from South Florida Water Management District stating that Gary Posner does not have permit to the water basin. Ms. Gottlieb displayed her site plan of Treasure Cove and a letter sent by Gary Posner to their association. She said that the (Existing) Treasure Cove Association was trying to force her into agreeing with Treasure Cove's proposed site plan. She also showed a copy of her attorney's opinion of title issued in 1995 and amended in 1998 and 2002 due to clerical mistakes. John Etling said her main concern regarding Gary Posner's proposal is more of a legal issue between both of them rather than her opposition to his project. Ms. Gottlieb asked the Board to consider putting a halt to Gary Posner's proposal till their legal issue is settled between them. Jay Fields of 1549 SE 12th Ct. Fort Lauderdale remarked that Gary Posner already knew how much setback and signs to work on when he decided to go ahead with his project, and not to ask for more than is required by the city. • Bruce Caruso of 2732 SW 45th Street asking for clarification as to what sign variances were being requested and as to how the pervious area is calculated. Leeds gave a summation to the Board regarding the proposed variance requests. Leeds stated that should the City Commissioners deny variance (a), it may still be possible to build smaller screen enclosed decks behind a few of the units. Leeds recommended the following signs be permitted: (1) One monument identification sign at the intersection of SW 45th Street and SW 27th Avenue, maximum five feet in height and maximum 14 feet wide (lettering width limited to 10 feet). (2) One small sign at the entrance driveway limited to four feet in height, six square feet in area. (3) Four foot sign setback for both signs. Caruso suggested the smaller sign should be facing towards the west so that it would be easily visible as people approached the speed bump. The sign could be place in any suitable location where it would be appropriate and should be discussed among the residents and Mr. Posner. Caruso also said the residents did not receive any variance notices for the January 9, 2001 City Commission meeting. Leeds indicated that the zoning code does not require notice when a site plan complies with all zoning code requirements. Leeds indicated that the approved site plan included a shadowbox fence around the perimeter of the project. • MINUTES May 15, 2002 • Valetti voiced concerns about drainage and flooding. Leeds indicated that questions regarding drainage and flooding be directed to the Public Works/Utilities Director. Leeds confirmed that city staff did not request the fence. The developer proposed a shadowbox fence, which is permitted by the zoning code. Lee Bender of SW 27th Ave., remarked that the shadowbox fence is not appropriate for million dollar homes with fagade that look like the back of a seven-eleven store. He claimed that he saw the original site plan showing concrete wall from a worker who was working on-site when the developer first started doing the layout. He was confident that the community would agree with him to have a concrete wall instead of wood fence. Leeds told Mr. Bender that site plans submitted to the City have always shown a shadowbox fence. If Mr. Posner indicated that a wall would be installed around the perimeter of the property, this was never communicated to the city. Bender complained about drainage problem causing flooding into the empty lot as well as some other properties. Leeds agreed to meet with a representative of the community to discuss drainage and other issues with the city manager. Bender inquired if the wall could be considered as part of the conditions should the Commissioners approve the variance requests. Leeds indicated the city commission can attach 1 conditions to variance approvals. Diana Delanzo of 2708 SW 46th PI., spoke in favor of speed bump and stop sign. She disagreed • on widening of road. Leeds stated, with the exception of SW 45th Street, he was not aware of any plans to widen any street in the neighborhood. Mr. Gary Posner addressed the Board and citizens regarding the shadowbox fence and the following issues: 1) There will be hedges covering the fence, which will prevent graffiti. 2) There will be four 8 feet post strengthening in between the center of the fence that could withstand severe weather. 3) He has the homeowner's association document showing sufficient funding for maintenance. 4) He has proof of dockage application with review comments from the engineers, DPEP, and South Florida Water Management and is in the process of completion. 5) Treasure Cove Association Ltd. is the new owner of Treasure Cove. 6) He will not address the issue regarding Ms. Gottlieb's allegations and referred it to the court of law. Leeds calls upon Tom Ansbro, City Attorney, to address the boat basin issue. Mr. Ansbro briefly explained that the City could not and will not help them resolve the problem. He suggested Ms. Gottlieb pursue a quiet title action or declaratory judgment. Ansbro further stated Mr. Posner's • attorney has to obtain 'clear legal rights' in order for the building official to grant him a building permit. MINUTES May 15, 2002 • Posner told the Board that he was required to put extra drainage on Treasure Cove Drive. It is not a French drain and has ample drainage because water drain through their pipe into his property. He was also required to install a 124 feet of 12"-14" dry well to absolve overflow. Furthermore, additional overflow would flow down into the canal. Posner explained the difference of shadowbox fence and the concrete wall. The concrete wall may invite kids to draw graffiti on it, and whereas a hedge-covered fence give owners their privacy. He may look into the cost of the concrete wall upon the request of the owners. 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 deny to 40% pervious area variance request, seconded by Paul Fetscher. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Lottye Crooms to recommend deny to 8 feet rear yard setback variance request, seconded by Paul Fetscher. Motion passed on the following call: • Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Lottye Crooms to recommend approval of the sign variance as per staff's recommendation (see above) seconded by Paul Fetscher. Staff's recommendation for modification of sign: (1) One monument identification sign at the intersection of SW 45th Street and SW 27th Avenue, maximum five feet in height feet and maximum 14 feet wide (lettering width limited to 10 feet). (2) One small sign at the entrance driveway limited to four feet in height, six square feet in area. (3) Four foot sign setback for both signs. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Lottye Crooms to recommend approval to revised landscape plan subject to staff's recommendation prior to submission to the City Commission, seconded by Paul Fetscher. Staff's recommendation: • 1) Provide a note on the landscaping plans that the proposed Green Buttonwood trees MINUTES May 15, 2002 • along the east perimeter shall be adjusted in the field so not to interfere with the existing relocated Oak trees. The City of Dania Beach shall approve all field adjustments. 2) Provide a note on the plans that unit #18 deck and enclosure shall not interfere with the relocated Oak tree. 3) Because of the close proximity of the proposed trees to the requested decks and enclosures, the following note should be added on the homeowner's documents. All proposed trees next to the requested decks and screen enclosures are required buffer trees and shall not be removed. 4) Provide root barrier protection in the landscape islands between the unit driveways that proposes a Live Oak tree. 5) Revise the following items on the landscape plans: a Change the Coconut alms next to unit#48 from 3 to 5. 9 p b) Label the 3 Coconut palms next unit#34. c) Add a Cassia tree across from the other proposed Cassia tree between the fence and the sidewalk. This will help soften the fence and be consistent with the labeling and the east side. d) Indicate the retention areas, as the proposed Live Oak trees may be in the retention areas. If so, move the Live Oaks to the • top portion and change the others to trees that like wet feet. 6) Provide more legible planting installation notes on sheet L-3 and add the following required notes on the landscaping plans: e) An automatic underground irrigation system is to be proved in the ROW area for the relocated Oak trees. f) All landscape material shall be Florida Grade#1 or better. g) Revise the substation note to add City of Dania Beach. h) Revise the irrigation note to state 100% overlap coverage, rain sensor and to minimize the application of water to impervious areas. 7) Provide the following minimum tree and hedge specification requirements: i) 16' tall trees require a minimum 2" DBH; and 4.5, CT. j) 12' tall trees require a minimum 2" DBH; and 4' CT and 5'-6' spread. k) 10' tall trees require a minimum 1.5" DBH; 3' CT and 5' spread. 1) All hedges require a 24" spread. Motion passed on the following call: Lottye Crooms - yes John Etling -yes Paul Fetscher -yes • MINUTES May 15, 2002 • Motion made by Lottye Crooms to recommend deferment to revised site plan on boat basin subject to (Ms. Gottlieb) concerns with title must be addressed prior to issuing of building permit. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes 4) SA-18-02—Sign Adjustment request by Domenico Apa owner of Victoria L'Originale located at 212 North Federal Hwy., Dania Beach. Laurence Leeds gave a summation to the Board regarding sign adjustment request. The applicant wishes to replace the pole sign with a 45 square foot monument directory sign measuring 6 Y2 fee in height while still maintaining existing building. Mr. Leeds has no objection and recommended approval. Joe Kaller, Architect for Victoria L'Originale introduced Domenico Apa, owner, and addressed the Board. He informed the Board that he would correct the sign location parallel to Federal Highway on the site plan. He also inquired about the maximum size allowed for the sign. Mr. Leeds responded that the sign code allows a seven feet high monument sign containing 42 square feet of area that is setback five feet from the street lot line. • Chairman John Etling opened to public hearing. 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 to the sign adjustment request subject to 3 feet setback perpendicular to the street, seconded by Loytte Crooms. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes 5) RZ-19-02 — Rezoning request by Antonio Cabrera Jr., President of The Epoch Corporation, for property located at the south east corner of State Road 84 and SW 30th Avenue for a zoning change from Broward County B-3 (Commercial) and S-2 (Open Space) to Broward County B-3. VA-20-02—Variance request by Antonio Cabrera Jr., President of The Epoch Corporation, for property located at the south east corner of State Road 84 and SW 30th Avenue from Chapter 28, Article 29 Pervious and Impervious area requirements to provide 29% pervious area (30% required.) MINUTES May 15, 2002 SP-12-02 - Site Plan request for the proposed construction of a 175,000 square foot office/warehouse/distribution center consisting of four buildings. Laurence Leeds gave a summation to the Board regarding the proposed rezoning, variance, and site plan request on vacant land and water bound by SW 30th on the west, State Road 84 on the north, and Interstate 1-595 on the south. He briefly explained that the applicant has requested to rezone the entire parcel having the same zoning district as Broward County B-3. Mr. Leeds recommended approval based on the applicant's voluntary commitment to exclude certain types of uses and presented a draft copy of the declaration of restrictions. John Etling suggested that some of the items should be added or deleted in the deed restrictions list because it showed some conflicts. Margaret Croxton, Director of Corporate Communication for Marina Mile Business Center, 1315 South Miami Road, Fort Lauderdale, introduced Juan Mayol, Attorney at 1 SE 3'd Ave. Miami. Mr. Mayol addressed the Board stating that he has no objection on the proposed changes to deed restrictions. Bill Bigger, President of Marina Mile Association at 3001 State Road 84, gave an overview summary of the Marina Mile Business Center. Antonio Cabrera, developer for Marina Mile Business Center thanked the Board for their cooperation in considering his proposed project. • Chairman John Etling opened to public hearing. 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 to the rezoning request subject to staff's recommendation, seconded by Paul Fetscher. Following are changes made that shall be added to the list of prohibited uses: 1) Add palmistry, fortune tellers, and clairvoyant uses. 2) Delete shopping center use. 3) Add free-standing fast food or drive-in restaurants, free standing convenience food stores, and service stations. 4) Add automated car wash. 5) Add RV and construction equipment storage yard. Motion passed on the following call: • Lottye Crooms -yes John Etling -yes Paul Fetscher - yes MINUTES May 15, 2002 • Motion made by Lottye Crooms to recommend approval to the pervious area variance request, seconded by Paul Fetscher. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Paul Fetscher to recommend approval to the site plan request subject to staff's four(4) conditions, seconded by Lottye Crooms. Site Plan approval subject to the following: 1) Landscape comments (attached). 2) Additional architectural treatment to rear of buildings. 3) Note on Plan: "Restaurants, health clubs, gyms, or other assembly type uses are permitted subject to city parking requirements and may require a reduction in retail/office area". 4) Landscape plan to reflect height and location of lighting. Applicant to Provide color building elevations and 8 Y2 "x 11" site plan transparency prior to . the City Commission. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes 5) VA-22-02 - Request by Finvarb Hospitality, Inc., Courtyard by Marriott, for vacant property located north of the IGFA Museum 230 Gulfstream Way and east of the Dania Beach Tri-Rail Station, Dania Beach, Florida for the following variances: a) Variance from Section 6.21 of the Zoning Code to construct a hotel with 0.75 parking spaces per room (Required parking is based upon 1.5 spaces per each room or suite for the first 25 rooms or suites plus 1.1 spaces per room or suite for each room or suite above 25 rooms plus 40 spaces for the public restaurant plus 24 spaces for meeting rooms.); b) Variance from Section 29.10 of the Zoning Code to construct a hotel with approximately 10% pervious area (30% required); c) Variance from Section 6.22 of the Zoning Code to allow no designated loading areas (four loading spaces required). • SP-23-02 - Site Plan request for the proposed construction of a 6 story Courtyard by Mariott Hotel. MINUTES May 15, 2002 • Laurence Leeds gave a summation to the Board regarding variance and site plan requests to construct 174 rooms Marriot Courtyard Hotel. Staff has no objection to the loading area and pervious area variances. Courtney Callahan, Attorney at Gunster, Yoakley and Stuart at 500 E Broward Boulevard, introduced Heidi Davis, Attorney and Robert Finvarb, developer. She briefly explained to the Board of the applicant's commitment to provide airport shuttle service and modifications to Gulfstream way to allow inbound left turns at the westerly entrance to the hotel. Because there will be no restaurant services and linen is done in-house, there will be no semi truck coming in and out of the loading area. Paul Fetscher inquired if there is any conference facility. Ms. Callahan responded there is 1,800 sq ft of meeting rooms and 1,600 sq ft dinning room. The dinning room is not open to public and is intended primarily for breakfast only facility for hotel guests and do not require parking. Chairman John Etling opened to public hearing. Jay Fields asked as to why Mr. Leeds is not concerned about the impervious area. Mr. Leeds responded that there is a wetland located directly in front of IGF (International Gaming and Fishing) Building to the east of the proposed hotel. Fields stated the Hilton Hotel has insufficient parking and thought that the Marriott Courtyard may face the same problem. He mentioned about a new propose 500-room 20/20 hotel near . the airport may create parking problems too. John Etling stated there were no parking problems at the Hilton Hotel. Discussion of parking variance and comparison between Hilton Hotel and Marriott Courtyard continued. Robert Finvarb spoke to the Board explaining that he has been in business for 28 years and is processing another hotel that is in progress right now at South Beach. He did his demographic research on both hotels and has full confidence of his project that is worth 18.1 million dollars. 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 to parking variance, seconded by Paul Fetscher. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Lottye Crooms to recommend approval to 18% pervious area request, seconded Paul Fetscher. • Motion passed on the following call: MINUTES May 15, 2002 r • Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Lottye Crooms to recommend approval to no designated loading areas request, seconded by Paul Fetscher. Motion passed on the following call: Lottye Crooms -yes John Etling -yes Paul Fetscher -yes Motion made by Lottye Crooms to recommend approval to site plan request subject to staff's recommendations. Staffs recommendation: 1) Operator's commitment to provide airport shuttle service. 2) Revisions to the landscape plans as recommended by staff. 2) Modifications to Gulfstream Way to allow inbound left turns at the westerly entrance to the hotel. Motion passed on the following call: Lottye Crooms -yes John Etling -yes . Paul Fetscher -yes 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 SHERYL CHAPMAN, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924- 3630, AT LEAST 72 HOURS PRIOR TO MEETING. • MINUTES May 15, 2002