HomeMy WebLinkAbout2001-07-18 Planning and Zoning Board Minutes SUMMARY MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING ADVISORY BOARD
July 18, 2001
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
Administer Oath to Planning and Zoning Advisory Board Members.
Approval of agenda: Motion to approve as presented by Mike Nolan, seconded by
Lisa Young. Motion passed unanimously.
1. Approval of minutes: Motion to approve minutes with the correction on agenda
no.1 — spelling mistake of last name Leigh Grey (Trey) from the July 19, 2001 regular
meeting made by Lottye Crooms, seconded by Lisa Young. Motion passed
unanimously.
2. VA-09-01 - Variance request by Raynald Casimir, owner/developer of property located
at 235 S.W. 13th Street, Dania Beach, from the following Code Sections:
a) Chapter 28, Article 6.21 — Off Street Parking: Variance to construct a duplex with
one non-conforming parking space (four 9' x 18' foot parking spaces required,
said spaces to be constructed entirely on the development parcel, and to not
encroach onto the public right-of-way).
b) Chapter 28, Article 5, Supplementary Lot Regulations: Variance to install a/c
equipment with two-foot side yard setback (five-foot side yard a/c setback
required).
c) Chapter 26, Vegetation, Article IV Landscaping: Variance to waive requirement
for underground irrigation (underground irrigation required).
SP-09-01 - Site Plan Request by Raynald Casimir, owner/developer of property located
at 235 SW 13th Street, Dania Beach for the proposed construction of a duplex.
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board
regarding the proposed variance and site plan request.
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Laurence Leeds indicated five-unit apartment building currently exists on one lot of the
property. The other lot (part of the same development parcel) is used for open space
and parking. The property is located at 237 SW 13th Street.
Laurence Leeds recommended denial of the following variances because the site plan
as submitted does not meet density or parking requirements.
1) Density—Applicant exceed the maximum density allowed by the Comprehensive.
2) Parking — Existing parking is nonconforming both as to number of spaces and
location (parking spaces encroaching onto the public right-of-way).
Raynald Casimir addressed the Board members explaining his request for an appeal to
the City Commission.
Chairman John Etling opened the item for public comment.
Resident Clinton Hill of 261 SW 13th Street addressed the Board. He spoke against the
appeal and presented a petition signed by his neighbors who also were opposing the
construction of a duplex at 237 SW 13th Street.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Mike Nolan to deny the three variance requests (as listed above) to
construct a duplex, seconded by Paul Fetscher
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
Motion made by Lottye Crooms to deny site plan request to construct a duplex,
seconded by Lisa Young
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
i
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3. VA-37-01 - Variance request by Joe Kaller, AIA, representing Victoria L Originale, for
property located at 212 North Federal Hwy. Dania Beach, from Chapter 26 -Vegetation,
Article IV- Landscaping as follows:
a) Variance to locate six-foot screen wall adjacent to the rear lot line (The zoning
code requires the screen wall to be set in five feet off the rear lot line).
b) Variance to provide shade trees along west side of the screen wall (shade trees
required on both sides of the screen wall).
c) Variance to waive minimum shade tree height requirements underneath power
lines.
d) Variance to provide 24.3% pervious area (30% required).
e) Variance to provide less than the required 20% landscaping in the vehicular use
(parking lot) area.
f) Variance to waive location and size of landscape islands (landscape islands are
required to be either 5 feet or 10 feet and must be located every 12 parking
spaces).
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board
regarding the variance request.
Mr. Leeds explained that applicant indicated he wished to build the warehouse first, and
there was no timetable for constructing the retail building.
Joe Kaller, Architect for Victoria L'Originale addressed the Board, giving a brief history
and current business of the site. He also explained the usage and plans of the
proposed new retail and warehouse building.
Joe Kaller also mentioned that the applicant had arranged new assignment for
dum ster service for both retail and warehouse betwee
n 7:30 am and 5:00 m on
p p
Mondays. The new dumpster service was comply and approved by Fire Marshall. The
operation retail hours are 9:00 am to 6:00 pm.
Laurence Leeds explained that warehouse is considered a special exception by zoning
code and is intended to prevent large scale warehousing activities adjacent to single-
family homes. This warehouse is part of on-site retail business.
Laurence Leeds requested Public Works to review the drainage plans and make
recommendation regarding engineering work.
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John Etling questioned the height of the building as 30' high (height of a 3-story
building) and would like to see the parapet on west elevation facing US 1.
Joe Kaller assured the public of John Etling's request for parapet.
Mr. Marvin Abarca, Civil Engineer for Victoria L'Originale explained the drainage system
requirement.
Mike Nolan had concerned and questioned on the variance and site plan staff
recommendation. Applicant will submit cross section retention wall of property.
Chairman John Etling opened the item for public comment.
Resident Steven Reed of 205 NE 1st Ct (east side of Victoria L'Originale) questioned
whether the retail building would be an additional new business and the use of
warehouse. He also submitted pictures of his home showing flooding due to poor
drainage system from businesses on US 1. Steven Reed was concerned about the
amount of fill to raise the warehouse up to 10 feet.
Laurence Leeds will ask the Architect to provide schematic rendering cross-section
showing the grade of wall in front and back of warehouse at the Commission meeting.
Steven Reed also inquired the possibility of having the parking lot made of pervious
material. Mr. Abarca explained that the environmental protection office does not allow
the substituting of hard surfacefor grass.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Mike Nolan to recommend approval of variances (1), (2), (3), and (6) as
indicated below, seconded by Lottye Crooms.
1) Variance to locate six-foot screen wall adjacent to the rear lot line.
2) Variance to provide shade trees along west side of the screen wall.
3) Variance to waive minimum shade tree height requirements underneath power
lines.
6) Variance to waive location and size of landscape islands.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
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Motion made by Paul Fetscher to recommend approval of variances (4) and (5) as
indicated below, subject to verification of adequacy of drainage system as determined
by the Public Works Director, seconded by Lisa Young.
4) Variance to provide 24.3% pervious area.
5) Variance to provide less than the required 20% landscaping in the vehicular use
(parking lot) area.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
SE-36-01 - Special Exception request by Joe Kaller, AIA, representing Victoria
L'Originale, for property located at 212 North Federal Hwy. Dania Beach to construct an
approximate 4,800 square foot warehouse building.
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board
regarding the Special Exception request to construct an approximate 4,800 square foot
warehouse building.
Joe Kaller, Architect for Victoria L'Originale addressed the Board, giving a brief
explanation on usage of the office and storage area. He then explained that the office,
repair/service, and dry storage area would also be air-conditioned. The location of the
a/c unit for the warehouse was not established.
Approval of special exception subject to the following conditions recommended by staff.
1. Use(s) of warehouse building restricted to Victoria L'Originale.
2. Public Works/Utilities Department to verify adequacy of drainage plan.
3. Operation hours to limited from 8:00 am to 6:00 pm (7 days).
4. Dumpster service operation hours between 7:30 am and 5:00 pm.
5. Letter from Sanitation provider to confirm that dumpster is accessible in its
present location and orientation.
6. Extend the retail-building facade along the west side of the retail building.
7. Submittal of building schematic cross section showing finish floor elevation of
warehouse building, final elevation of ground adjacent to screen wall, and
location elevations of retaining wall, if provided.
8. Placement of curbing around the entire parking lot subject to approval of Public
Works Director.
9. Location of a/c units on site plan (Recommend locating warehouse a/c south or
west of warehouse building).
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Motion made by Lisa Young to recommend approval of special exception subject to
conditions listed above, seconded by Lottye Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
SP-20-01 - Site Plan request by Joe Kaller, AIA, representing Victoria L'Originale, for
property located at 212 North Federal Hwy., for the proposed construction of an
approximate 4,800 square foot warehouse building and a 4,500 square foot retail
building.
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board
regarding the site plan request relating to retail and warehouse building.
Approval of site plan subject to the following condition recommended by staff
1) Compliance with Principal Arterial Design Standards relating to the 35%
glass requirement on the west side of retail building.
2) Deletion of new sign from plan
3) Wavier of pitched roof requirement.
4) Location of a/c units on site plan (Recommend locating warehouse a/c
south or west of warehouse building).
Motion made by Lottye Crooms to recommend approval of site plan subject to
conditions listed above, seconded by Mike Nolan.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
4. SP-27-01 - Site Plan request by Stuart Maclver, representing Franco's Auto Repair for
proposed landscaping to be located at 167 North Federal Hwy., Dania Beach.Laurence
Leeds, AICP, Growth Management Director gave a summation to the Board
regarding the Site Plan request.
Stuart Maclver, Attorney for Franco's Auto Repair addressed the Board.
Dan Fee, Principal Engineer for Franco's Auto Repair explained the time and court case
negotiations between Franco's Auto Repair and the City; and that the settlement
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agreement should be finalized subject to conditions with approval of site plan prior to
the City Commission.
John Etling questioned the different use of landscaping designs along street corner of
property.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Mike Nolan to recommend approval of site plan request subject to
compliance with the 2 conditions listed below submitted in the staff report; seconded by
Lisa Young.
i) Dumpster to be relocated to rear yard or to be placed inside landscaped,
concrete dumpster enclosure to be reviewed by staff. Revise plan
accordingly.
ii) Adjacent to Federal Highway, replace the two queen palms with three royal
palms, 8 feet of gray wood, 18" caliper. Revise plan accordingly.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
5. Sign regulations and code amendment ordinance — sign regulations in Downtown Dania
are regulated by the "Downtown Dania Beach Redevelopment District" ("Downtown
District") sign regulations.
Laurence Leeds, AICP, Growth Management Director explained the proposed revisions
on the sign code amendments requested by the Commission to the Board.
John Etling explained reasons for sign adjustment procedure and requested some
changes to be made on the ordinance.
Tom Ansbro will revise the ordinance amendment on chapter 28.160 - section 1, 2c to
read as "Wording on flat wall signs shall include only the name and nature (the wording
of such nature to be confined to no more than three (3) words) of the business." as per
John Etling's request.
Chairman John Etling opened the item for public comment.
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Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Lisa Young to recommend approval of proposed revisions on the sign
code amendments with the exception on the wording correction in the ordinance,
seconded by Lottye Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
6. Dumpster Enclosure Ordinance — to provide for regulations of the location and
construction of dumpster enclosures.
Laurence Leeds, AICP, Growth Management Director explained the proposed dumpster
enclosure amendments to the Board. It is the intent to consolidate and clarify where
dumpster enclosures are required.
John Etling pointed out a typing mistake and some clarifications from the ordinance
amendment section 13-75:
i) C-1 should read two (2) cubic yard.
ii) C-4 (Gates) - on line 3, to remove "or metal slats".
iii) G - to delete paragraph "City liability'.
Chairman John Etling opened the item for public comment.
Resident Jay Fields of Ravenswood, expressed concerned that the dumpster issue
might not be easily resolved and requested that the changed regulations should apply to
all residential and not be limited to only 8 units or less.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Paul Fetscher to recommend approval of proposed dumpster enclosure
ordinance amendment with corrections and changes made, seconded by Lisa Young.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
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7. Downtown Dania Beach Parking Code Amendment—to provide an exemption to the off-
street parking requirements.
Laurence Leeds, AICP, Growth Management Director explained the reason for
amendment to parking code of ordinance to provide an exemption to the off-street
parking requirements.
He also mentioned that the ordinance is limited to a specific time period. The "sunset
provision" may only be used once and cannot be renewed.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Mike Nolan to recommend approval of amendment to parking code,
seconded by Lottye Crooms.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
8. Downtown Dania Beach Separation Requirements - to provide an exemption from the
one thousand (1,000) foot distance separation requirement located in the Downtown
Dania Beach Redevelopment District.
Laurence Leeds, AICP, Growth Management Director explained the reason for
amendment to the Downtown Dania Beach Separation Requirements (minimum
distance between church or school and establishment serving liquor on the premises).
He mentioned that the proposed amendment would exempt restaurants and cafes
serving only beer and wine that are located in the Downtown Dania Beach
Redevelopment District. This exemption would not apply to special uses such as a
theatre, playhouse, lodge hall, private club, or amusement arcade.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Lottye Crooms to recommend approval for separation requirements as
submitted by staff report, seconded by Mike Nolan.
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Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
9. Zoning Text Change— proposed change from RD-6000 and R-2 to RD-8000.
Laurence Leeds, AICP, Growth Management Director explained the proposed zoning
text change to the Board.
Laurence Leeds directed Tom Ansbro to revise the draft ordinance to clarify that the
single-family home requirement remained unchanged (6,000 square feet; 5,000 square
feet in limited circumstances) and that the draft ordinance will increase lot size (8,000
square feet of area), lot width (80 feet wide), and interior side yard setbacks (15 feet per
side) for duplex use.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
Motion made by Lisa Young to recommend approval for zoning text change subject to
changes made to zoning code on single family construction requirement as submitted
by staff report, seconded by Paul Fetscher.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
10. PL-39-01 - Preliminary Plat: Fire Station No. 93 Plat (SW corner of SW 30th Avenue
and SW 45th Street).
Laurence Leeds, AICP, Growth Management Director gave a summation to the Board
regarding the preliminary plat for a proposed new fire station on City-owned property.
He also mentioned that the Fire station is a permitted use in the Community Facility
category.
Chairman John Etling opened the item for public comment.
Hearing and seeing no one further, John Etling closed the public hearing, bringing it
back to the Board for further discussion.
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Motion made by Mike Nolan to recommend approval for plat request subject to location
of easements as per the Public Works/Utilities Director as submitted by staff report,
seconded by Lisa Young.
Motion passed on the following roll call:
Lottye Crooms - yes Lisa Young - yes
Paul Fetscher - yes John Etling - yes
Mike Nolan - yes
ADJOURMENT
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