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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. Planning and Zoning Advisory Board 1 M-July 2001.doc MINUTES 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 Planning and Zoning Advisory Board 2 M-July 2001.doc MINUTES 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. Planning and Zoning Advisory Board 3 M-July 2001.doc MINUTES 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 Planning and Zoning Advisory Board 4 M-July 2001.doc MINUTES 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). Planning and Zoning Advisory Board 5 M-July 2001.doc MINUTES 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 Planning and Zoning Advisory Board 6 M-July 2001.doo MINUTES 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. Planning and Zoning Advisory Board 7 M-July 2001.doc MINUTES 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 Planning and Zoning Advisory Board 8 M-July 2001.doc MINUTES 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. Planning and Zoning Advisory Board 9 M-July 2001.doc MINUTES 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. Planning and Zoning Advisory Board 10 M-July 2001.doc MINUTES 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 Planning and Zoning Advisory Board 1 1 M-July 2001.doc MINUTES