HomeMy WebLinkAbout2001-01-05 Planning and Zoning Board Minutes MINUTES — SPECIAL MEETING
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD
Wednesday, January 5, 2000
7:00 P.M.
1. Roll Call
Present: Staff:
Bob Adams Leigh Kerr, Planning Consultant
Jason Dubow Thomas Ansbro—City Attorney
Dr. Paul Fetscher Lou Ann Cunningham - Board Clerk
Victor Lohmann
Richard Seay
representing
2. VA-90-99 — Variance request by Herb Green, Avid Engineering Mark Sheldon
of Regal Ventures, Inc. / Publix Supermarkets from Chapter 28, Zoning, Article 6.64.
Principal Arterial Commercial Design Standards Overlay — The applicant is requesting that
this requirement be waived and that they be allowed to use parapet roofs. Property located
on the SW Corner of Dania Beach and SE 5th Ave., Dania Beach "Dania Beach Plaza Plat".
SP-91-99 — Site plan request by Herb Green, Avid Engineering representing Mark Sheldon
of Regal Ventures, Inc. / Publix Supermarkets. for a Retail Shopping Center. Property
located on the SW Corner of Dania Beach and SE 5th Ave., Dania Beach "Dania Beach
Plaza Plat".
Leigh Kerr, AICP, Planning Consultant described for the board the changes in the landscape
plan and explained the buffer on the southern part of the parcel. Mr. Kerr presented the
Board with pictures of the buffer area. Mr. Kerr stated that the applicant has requested a
parapet roof in lieu of a peek roof. Mr. Kerr recommends denial of the variance due to the
applicant showing no hardship. Mr. Kerr described the site plan and recommended
approval subject to recommendations and comments listed in the staff report. Concluded
his summation by stating that Molly Hughes, traffic consultant will address the traffic and
access issues.
Molly Hughes, Traffic Consultant for the City, addressed the Board explaining the reasons
why two driveways are not needed on Dania Beach Blvd. Fewer driveways would operate
more safely. Ms. Hughes suggested that they have one driveway and have a vehicle
reservoir length of fifty feet in length. Stated that the Department of Transportation has
already found that the warrants have recently been met, for a traffic light at the corner of SE
5th Ave. and Dania Beach Blvd. Ms. Hughes is suggesting that the shopping center on the
south side and the Dania Jai Alai share in the cost of signalization. Ms. Hughes concluded
her summation stating that her recommended conditions are listed in her hand out.
Chairman Lohmann and Ms. Hughes discussed the out-parcel located on the northwest
corner of the proposed site and its effect on the recommendation of the 50 foot vehicle
reservoir. Discussion by the Board on other types of roofs Publix has in Dania Beach.
Planning and Zoning Board 1 January 5, 2000
MINUTES - SPECIAL MEETING
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The chairman asked all persons wishing to be heard tonight to stand, and to be sworn in by
the clerk collectively.
Herb Green, Avid Engineering, representing Regal Ventures addressed the Board
describing roof variance request for the Oakbridge Publix and compared it to the current
variance request. Mr. Green described the site plan and spoke regarding the traffic issue
and addressed the concerns of staff.
Jane Caldera, Avid Engineering addressed the Board describing the proposed driveways
and her discussions with D.O.T. in regard to the location of them. Discussed proposed traffic
volumes and the benefit of having two driveways off of Dania Beach Blvd. Concluded her
summation stating that their fair share for the traffic signal should be 25 percent not 50
percent. Board discussion on two traffic entrances and the signalization of SE 51h Ave and
Dania Beach Blvd. Further discussion on the number and types of equipment that would be
placed on the roof. Publix does not allow their trucks to run idle and the process takes 40
minutes. The trees are to be grade one. Discussion on times of truck deliveries and a sound
barrier. Mark Sheldon of Regal Ventures addressed the Board stating that the front of the
buildings that are located south of the site do not see the site.
The chairman opened the item for public comment.
Gene Malone resident at 170 SE 5th Ave. spoke on behalf of Meadowbrook Lakes View
Condo Association buildings M and N. The Association members are concerned about the
loading area and exit on SE 5th Ave. to close to Condominium entrance and exit. Also
concerned about the time of day and noise level. ,
Carol Taylor resident at 170 SE 5th Ave. building N #101 spoke regarding the truck and
generator noise. Ms. Taylor is concerned on traffic safety and vagrant people, Police patrol
would be needed.
Conrad Taylor resident at 3135 SW 50th St. Oakbridge townhomes spoke in favor of Publix.
Lee Malone resident at 170 SE 5th Ave. is concerned about noise from the trucks loading.
Hearing and seeing no one further, Chairman Lohmann closed the public hearing.
Chairman Lohmann stated that one of the requirements prior to City Commission is a
lighting and irrigation plan. Discussion on the roofs south elevation and extending the roof
around the back. Discussion on times for delivery and Mr. Green would rather restrict the
noise with a time restriction instead of turning off the trucks. Mr. Green could request a time
restriction from Publix. Bob Adams stated that the Publix at Oakbridge was suppose to
restrict their time of delivery to no early than 8:30 a.m. and when at the Commission meeting
they changed it to 7 a.m. Mr. Adams wanted the Board to be aware that anything agreed to
could be taken back at City Commission.
Board discussion on the signalization of SE 5th Ave. and sharing the cost. Chairman
Lohmann suggested Publix put a bond up for 50 percent that has a fixed lifetime that is
returned to you, after a certain calendar period time provided that the development across
the street does not take place. Mr. Green feels that 25 percent is fair enough. Board would
like to know the plans for the existing Publix on Sheridan and 5th Ave. The Publix will remain
and the new Publix will alleviate the overcrowding.
Planning and Zoning Board 2 January 5, 2000
MINUTES - SPECIAL MEETING
Motion made by Bob Adams to deny VA-90-99. Motion fails for lack of second.
Motion made by Jason Dubow, seconded by Richard Seay to approve VA-90-99 with the
condition that the parapet roof wraps around to the back. Motion passed on the following
roll call:
Bob Adams - no Victor Lohmann - yes
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - yes
Motion made by Richard Seay, seconded by Jason Dubow to approve SP-91-99 subject to
staff's recommendations regarding traffic patterns, one access and restricting delivery time
proposed at City Commission. Motion failed on the following roll call:
Bob Adams - no Victor Lohmann - no
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - no
Upon passing the gavel, motion made by Victor Lohmann, seconded by Paul Fetscher to
approve SP-91-99 subject to staff's recommendations with the exception of having 2
entrances instead of 1 on Dania Beach Blvd. The time of delivery would be restricted from
no earlier than 7 a.m. and not later than 7 p.m. The applicant would be required to post a
Bond at a percentage to be determined by City Commission for the traffic signal at the SE
5th Ave. intersection. The buffer issue needs to be worked out between the applicant and the
Homeowners Association. Motion passed on the following roll call:
p 9
Bob Adams - no Victor Lohmann - yes
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - yes
3. SA-98-99 - Sign adjustment request by Joan Kerns, Executive Vice President / General
Manager of DCOTA, for property located at 1855 Griffin Rd., Dania Beach, from Chapter 28,
Zoning, Article 28.060, Prohibited Signs (6) which states that "signs with visible moving,
revolving, or rotating parts or visible mechanical movement of any description or other
apparent visible movement achieved by electrical, electronic, or mechanical means, except
for traditional barber poles, unless approved through the sign adjustment procedure."
Leigh Kerr, AICP, Planning Consultant addressed the Board describing the Sign Adjustment
request. Mr. Kerr recommends approval subject to limiting the frequency of louver
movement.
Jerry Knight from Holland and Knight, attorney on behalf of DCOTA addressed the Board
agreeing on two louver movements per hour. Mr. Knight stated that DCOTA intends to
reconstruct the billboard and use for advertising events.
Board would like to restrict the sign to advertise for DCOTA only. Mr. Knight stated that Mr.
Weatherby is the owner and that they do not have any control over restricting its use. Mr.
Knight stated that Mr. Weatherby and DCOTA doe not want to remove the billboard. Mr.
Lohmann stated that if they would like his support for future development then they need to
get rid of the billboard and replace it with something more attractive and useful.
Planning and Zoning Board 3 January 5, 2000
MINUTES - SPECIAL MEETING
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Chairman Lohmann opened the item for public comment. Hearing and seeing no one the
chairman closed the public hearing.
Motion made by Bob Adams, seconded by Richard Seay to approve SA-98-99 with a
maximum of three turns per hour.
Bob Adams - yes Victor Lohmann - no
Jason Dubow - yes Richard Seay - yes
Paul Fetscher - yes
Chairman Lohmann thanked everyone for taking the time to attend the special meeting.
Adjournment
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 Board 4 January 5, 2000
MINUTES - SPECIAL MEETING
AGENDA— SPECIAL MEETING
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD
Wednesday, January 5, 2000
7:00 P.M.
1. Roll Call
2. VA-90-99 — Variance request by Herb Green, Avid Engineering representing Mark Sheldon
of Regal Ventures, Inc. / Publix Supermarkets from Chapter 28, Zoning, Article 6.64.
Principal Arterial Commercial Design Standards Overlay — The applicant is requesting that
this requirement be waived and that they be allowed to use parapet roofs. Property located
on the SW Corner of Dania Beach and SE 5th Ave., Dania Beach "Dania Beach Plaza Plat".
SP-91-99 — Site plan request by Herb Green, Avid Engineering representing Mark Sheldon
of Regal Ventures, Inc. / Publix Supermarkets. for a Retail Shopping Center. Property
located on the SW Corner of Dania Beach and SE 5th Ave., Dania Beach "Dania Beach
Plaza Plat".
3. SA-98-99 - Sign adjustment request by Joan Kerns, Executive Vice President / General
Manager of DCOTA, for property located at 1855 Griffin Rd., Dania Beach, from Chapter 28,
Zoning, Article 28.060, Prohibited Signs (6) which states that "signs with visible moving,
revolving, or rotating parts or visible mechanical movement of any description or other
apparent visible movement achieved by electrical, electronic, or mechanical means, except
for traditional barber poles, unless approved through the sign adjustment procedure."
Draft minutes from the December 15, 1999 Planning and Zoning Board meeting are
attached with the backup for these two items for your reference...
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 Board 1 January 5, 2000
SPECIAL AGENDA