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HomeMy WebLinkAbout2000-01-19 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD Rescheduled to January 26, 2000 from January 19, 2000 7:30 P.M. 1. Roll Call - Present: Staff: Jason Dubow Laurence Leeds, AICP - Growth Management Director Paul Fetscher Thomas Ansbro—City Attorney Victor Lohmann Lou Ann Cunningham — Board Clerk Richard Seay Leigh Kerr, AICP, Planning Consultant Absent— Bob Adams ADMINISTRATIVE BUSINESS 2. Minutes— Motion to approve the minutes as presented of the December 15, 1999 regular meeting made by Paul Fetscher, seconded by Richard Seay. Motion passed unanimously. Chairman Lohmann asked all persons wishing to be heard tonight to stand, and to be sworn in by the clerk collectively. 3. Approval of Agenda and discussion of P & Z Workshop meeting to discuss the adopting of the City of Dania Beach Zoning Map. Motion to defer item 10, SP-95-99 to the regular February Planning and Zoning Board meeting made by Jason Dubow seconded by Richard Seay. Staff has requested item 4 be deferred until further notice. Motion passed unanimously. Motion made by Jason Dubow, seconded by Richard Seay to hear the agenda in the following order 7, 8, 9, 11, 12, 13, 5 and 6. Motion passed unanimously. OLD BUSINESS 7. RZ-88-99 - Rezoning request by Craig A. Smith and Associates for Jack Studiale, Owner, Tropical Acres Restaurant. Property located at 2500 Griffin Rd., Dania Beach. The request is to rezone the property(s) from Residential R-1 C /Commercial B-2 to Commercial C-2. VA-99-99 — Variance request by Craig A. Smith and Associates for Jack Studiale, Owner, Tropical Acres Restaurant. Property located at 2500 Griffin Rd., Dania Beach. The request is for a Variance from Chapter 27, Landscaping, Article 26-43 parking regulations.... SP-99-99 — Site Plan request by Craig A. Smith and Associates for Jack Studiale, Owner, Tropical Acres Restaurant. Property located at 2500 Griffin Rd., Dania Beach. The request is to expand and renovate the sites parking and landscaping area. Leigh Kerr, AICP, Planning Consultant for the City of Dania Beach summarized for the Board the requests by the petitioner. Mr. Kerr stated that this item was continued from the Planning and Zoning Board 1 January 26,2000 MINUTES 0 • December meeting so that the Variance could be applied for and advertised. Mr. Kerr recommends approval of all the requests made by the petitioner subject to the conditions listed in staffs report for the Site Plan. Board questioned staff on a less intensive zoning use that would allow a special exception for the restaurant. Mr. Kerr stated that C-2 is the least intensive zoning that allows restaurants. David Anderton, Craig Smith and Associates, agent for Tropical Acres Restaurant addressed the Board concurring with Mr. Kerr s summation. The zoning C-2 is similar zoning to what the property already has under the County's B-2. The chairman opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Motion made by Paul Fetscher to approve RZ-88-99, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Motion made by Jason Dubow to approve VA-99-99, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Motion made by Richard Seay to approve SP-99-99, seconded by Jason Dubow. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes NEW BUSINESS 8. SP-92-99 — Site Plan request by Michael Flattery, of Gee & Jenson representing The Board of Regents Florida Atlantic University & The Department of the Navy for a proposed 1 story - 5,780 square foot building addition to the Sea Tech building located at 101 North Beach Road, Dania Beach. Leigh Kerr, AICP, Planning Consultant addressed the Board describing the Site Plan request. The City has an lease agreement with FAU for the Sea Tech property which is a sub-lease proposed by the US Navy to build a 6000 sq. ft. structure with the entrance located on the eastern portion of the site. The lease agreement allows the City to review Site Plan elements including but not limited to signage, parking, elevations and landscaping. Mr. Kerr concluded his summation by recommending approval subject to the conditions listed in staffs report. Board questioned staff on the reason why they do not have to comply with City building codes. Attorney Ansbro stated that there are levels of preemption for building codes for Federal and State government. Mike Flattery of Gee & Jenson addressed the Board concurring with Mr. Kerr and will comply with the recommendations prior to Commission Meeting. Chairman Lohmann stated that the building does not look like the existing site architecturally. Mr. Flattery stated that Planning and Zoning Board 2 January 26, 2000 MINUTES they would use the same colors and evaluation as the existing buildings. Further stated that they meet South Florida Building Code. Discussion on the criteria for the roof. Chairman Lohmann opened the item for public comment. Hearing and seeing no one, the chairman closed the public hearing. Jason Dubow supports the project by feel the elevation could be enhanced. Victor Lohmann stated that he could not support this project with the current elevation and need to have a great elevation. Richard Seay stated that he is in favor of the elevation. Chairman Lohmann discussed the appearance of the roof structure from the bridge. Motion made by Jason Dubow to approve SP-92-99 with the condition that all the recommendations are complete prior to Commission Hearing, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - no Paul Fetscher - yes Richard Seay - yes 9. PL-93-99 — Preliminary Plat approval request by Gaeta Development Company for 174,206 sq. ft. of commercial development located at the southwest corner of Griffin Rd. and Ravenswood Rd., Dania Beach. SP-94-99 — Site Plan approval request by Gaeta Development Company for 174,206 sq. ft. 3 Phase, multi-tenant, commercial development consisting of 2 retail and 1 fast food store. Proposed location at the southwest corner of Griffin Rd. and Ravenswood Rd., Dania Beach. Leigh Kerr, AICP, Planning Consultant described for the Board the proposed Plat and Site Plan. Mr. Kerr stated that the current zoning is county B-2 consisting of approximately 4 acres. The Site Plan has 3 buildings consisting of a total of 38,000-sq. ft. with proposed access from Anglers as well as Griffin Rd. Mr. Kerr has reviewed the Site Plan and has determined that a Variance is required for the proposed roof . The petitioner is proposing a drive-in restaurant, that is not permitted by the County's B-2 zoning. The petitioner will have to apply for a rezoning to C-2 under the City's zoning. Mr. Kerr recommends that the Plat note reflects the proposed and development of the site and comply with Article 6 subdivision which requires submitting documentation that there are no liens on the property. Mr. Kerr recommends approval of the Plat and deferring the Site Plan. Molly Hughes, Traffic Consultant for the City of Dania stated that she has worked with the applicant and commends them for their efforts. There is an important issue for the applicant that is still unresolved that is inbound access on Griffin Rd. located at the extreme west property line. It's location is at the beginning of a right turn lane and is inviting for rear end collisions, as most drivers would assume that the car in front of them will be turning at the intersection and would not have decelerated enough for a turn lane. To improve the driveway the applicant has increased the radius and protected the throat farther than would be required. Neal Gaeta, from Gaeta Development, addressed the Board stating that he has no problem with complying with the Plat recommendations. Alan Strassler, architect for the petitioner spoke regarding traffic issues and Ms. Hughes concerns. Discussion on traffic issues by the Board and Ms. Hughes. Planning and Zoning Board 3 January 26,2000 MINUTES 0 • The Chairman opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Chairman Lohmann made sure that the applicant is aware of the dumpster enclosure requirements. Attorney Ansbro described the beautification efforts to enhance the entryway to the city on Griffin Rd. Board discussion on the landscape plan. Mr. Strassler described the proposed roof as a parapet roof that looks pitched and it's ability to hide air conditioning units and other equipment. Further discussion by the Board and Mr. Strassler regarding different types of roofs and dimensions. Lou Ann Cunningham, the board clerk read the Commercial Arterial Design Guidelines. Ms. Hughes stated that the Plat is just a boundary Plat and would have to be amended through the County process even if they were to approve it before they could develop the site in order to provide openings in the Plat lines. Motion made by Richard Seay to approve PL-93-99 subject to staffs conditions be met prior to Commission Hearing and DOT recommendations, seconded by Paul Fetscher. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Motion made by Jason Dubow to continue SP-94-99 to an undetermined time to resolve issues on the Site Plan, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes 11. SP-96-99 — Site Plan request by Graves Museum of Archaeology & Natural History —for elevations associated with permanent banners at the site. Property located 481 South Federal Hwy., Dania Beach. Leigh Kerr, AICP, Planning Consultant described that the applicant is requesting approval for installation of royal blue banners on the Graves Museum building. Mr. Kerr recommends approval provided that the use of the building is maintained as a museum. Charles Zidar, Director of the Graves Museum addressed the Board asking them to vote favorably on his request. Paul Fetscher expressed his support for this project. The Chairman opened the item for public comment. Hearing and seeing no one this chairman closed the public hearing. Motion made by Jason Dubow to approve SP-96-99, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Planning and Zoning Board 4 January 26, 2000 MINUTES • • 12. PL-97-99 — Request by Robert I. MacLaren, Osborne & Osborne, PA & Cheri Lauria, Caulfield and Wheeler, representing Owner, Nick Economos, Preseident Coed-Economos Properties, Inc. for preliminary Plat approval for the "Hilton Gardens At Stirling Road" Plat. Property located on the North of Stirling Road, on the East Side of SW 18th Avenue and South of SW 1 st ST., Dania Beach. RZ-110-99 — Rezoning request by Robert I. MacLaren, Osborne & Osborne, PA, representative for Coed-Economos Properties, Inc. to rezoned the following described parcel from A-1 Agricultural to C-2 Commercial in conjunction with a proposed 165-Room Hotel. Property located on the North of Stirling Road, on the East Side of SW 18th Avenue and South of SW 1st ST., Dania Beach. Leigh Kerr, AICP, Planning Consultant described the proposed Plat, rezoning and the future development of a 165 room hotel facility. Mr. Kerr recommends approval of the rezoning since it is consistent with the surrounding area and approval of the Plat subject to the conditions listed in staffs report. Board discussion on location of the parcel and oak trees located on the property. Robert MacLaren, of Osborne and Osborne, PA representing COED-Economos properties addressed the Board describing the history of acquiring the land and relocating of Mr. Well's home. Chairman Lohmann questioned the petitioner if they have received conditional permits from South Florida Water Management District or DNRP regarding the wetlands filling. Mr. MacLaren stated that they are in the process of doing that now. The Chairman opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Motion made by Richard Seay to approve PL-97-99 subject to staffs recommendations are met and are submitted 2 weeks prior to City Commission meeting, seconded by Jason Dubow. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Motion made by Richard Seay to approve RZ-110-99, seconded by Paul Fetscher. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes 13. SE-103-99 — Special Exception request by Nick Blount for Florida Power and Light Company for property located at approximately the north side of SW 36th Street between SW 26th Terrace and SW 30th Avenue, to allow for the construction and operation of an electrical substation by FPL Company. SP-104-99 — Site Plan request by Nick Blount for Florida Power and Light Company for property located at approximately the north side of SW 36th Street between SW 26th Terrace and SW 30th Avenue to construct an unmanned electrical substation on approximately 6.2743 acres. Planning and Zoning Board 5 January 26,2000 MINUTES • • Leigh Kerr, AICP, Planning Consultant gave a summation of the proposed project and the zoning for the parcel. Mr. Kerr revised his condition 3 from a 40 foot right-of-way to a 35 foot right-of-way for Collins Rd. Mr. Kerr explained the location of the property, it's surrounding owners and zoning. The clerk swore in Lynn Shatas of FPL, External Affairs Manager. Ms. Shatas concurs with staffs recommendations. The Chairman opened the item for public comment. Hearing and seeing no one, the chairman closed the public hearing. Chairman Lohmann asked the petitioner to improve the landscaping on the current substation on US1. Nick Blount, of Florida Power and Light, Project Engineer stated that they have reviewed plans for improving the landscaping for the La Dania substation located on US1. Mr. Blount stated that the landscaping should be in place within 90 days along US1. A two man maintenance crew will visit the proposed site twice a month. Motion made by Jason Dubow to approve SP-104-99 with the condition that staffs recommendations are met and submitted 2 weeks prior to City Commission meeting, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Motion made by Richard Seay to approve SE-103-99, seconded by Paul Fetscher. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes 6. SP-83-99 - Site Plan request by Joseph Mancusi for improved parking and landscaping in conjunction with the existing retail building located at 227 North Federal Hwy, Dania Beach Downtown Redevelopment District. VA-83-99 - Variance request by Joseph Mancusi from Chapter 28, Article 6.21 Off Street Parking requirements and Chapter 26, Article IV Landscaping, Section 26-47 Vehicular Use areas. Leigh Kerr, AICP, Planning Consultant gave a summation for the Board on the proposed project. Mr. Kerr has met with the applicant and his architect and they have made the necessary modifications to comply with Mr. Kerr's recommendations. Mr. Kerr concluded his summation by recommending approval of both the Variance and Site Plan request subject to conditions listed in staffs report. Joe Mancusi, applicant concurred with Mr. Kerr and his recommendations. Mr. Mancusi stated that adjacent property owners would not cooperate with him in regards to the parking issue. He was able to add one more parking space on his plan and is enhancing by hand Planning and Zoning Board 6 January 26, 2000 MINUTES laying 4000-sq. ft. of antique Chicago brick. Mr. Mancusi presented pictures of the parking to the Board. The Chairman opened the item for public comment. Patti Hart, resident, addressed the board in favor of this project. Hearing and seeing no one further, the Chairman closed the public hearing. Chairman Lohmann recommended to the petitioner that the City allow him the use turf blocks. Discussion on sign details. Board expressed their support for this project. Motion made by Paul Fetscher to approve SP-83-99 with the condition that staffs recommendations are met prior to City Commission meeting, seconded by Richard Seay. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes Chairman Lohmann noted for the record that the applicant be able to use turf blocks under the parking spaces in order to have a dust free surface. Motion made by Jason Dubow to approve VA-83-99, seconded by Richard Seay. Motion passed on the following 9 roll call: Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - yes 5. SA-82-99 — Sign adjustment request by Thomas Cimaglia / Carousel Antiques for property located at 48 South Federal Highway from Chapter 28, Zoning, Article 28, Signs. 28.160. Downtown Dania Beach Redevelopment District sign regulations. Mr. Cimaglia would like to request that the 3 existing neon signs be allowed to remain. Leigh Kerr, AICP, Planning Consultant, gave a summation to the Board regarding the proposed project and other choices the petitioner has instead of neon signs. Mr. Kerr recommends denial of the sign adjustment. Board discussion on other signs in the Downtown District. Attorney Ansbro read from the Dania Beach Sign Code, Section 28.200 when granting an adjustment. Chairman Lohmann opened the item for public comment. Hearing and seeing no one the Chairman closed the public hearing. Jason Dubow stated that the Board should rehear the item if the petitioner was not noticed. The Board agreed. Jason Dubow further stated that the petitioner put up a non-permitted, prohibited sign (neon sign). Motion made by Jason Dubow to deny SA-82-99 with the condition that the Board will rehear this item if the petitioner and their attorney file affidavits stating that they did not know that the hearing was taking place a week later than the scheduled time, seconded by Paul Fetscher. Motion passed on the following roll call: Planning and Zoning Board 7 January 26, 2000 MINUTES l Jason Dubow - yes Victor Lohmann - yes Paul Fetscher - yes Richard Seay - no Chairman Lohmann welcomed the new Growth Management Director, Larry Leeds. Mr. Leeds, AICP, Growth Management Director addressed the Board in regards to the Planning and Zoning Workshop meeting to discuss the Zoning map. Mr. Leeds gave a summation on the proposed changes that need to be made on the Zoning map. Mr. Leeds is suggesting a phased approach, which will last longer than 3 months that they anticipate the Moratorium to end, due to notification and publication issues. Board will meet at 7pm on Wednesday, February 23, 2000 for a special meeting for all properties zoned Industrial and Agricultural. ADJOURNMENT CONTINUED ITEMS 4. TX-68-99 - Request by Dania Jai Alai to adopt and discuss an ordinance which will establish a Planned Unit Development as a Zoning District and a Mixed Use Development District in the City of Dania Beach. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 28, ZONING, PROVIDING FOR THE AMENDMENT OF SECTION 3.10 BY ADDING MIXED USE DISTRICT (MXU) TO THE LIST OF ESTABLISHED DISTRICTS; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.60, PLANNED UNIT DEVELOPMENTS AS A ZONING DISTRICT; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61, MIXED USE DEVELOPMENT (MXU) DISTRICT; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61.a; PURPOSE OF THE DISTRICT; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61.b; PERMITTED USES; FURHTER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61.c, DEVELOPMENT STANDARDS; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61 A, SUBMISSION REQUIREMENTS; FURTHER PROVIDING A SEVERANCE CLAUSE; AND, FURTHER PROVIDING AN EFFECTIVE DATE THEREFOR. 10. SP-95-99 — Site Plan request by Wilbur Fernander for the construction of 4 two-story duplex's located at NW 1st Street and NW 141h Way, Dania Beach. ......................................................................................................................................................................................................................................................................................................................................................... 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 8 January 26,2000 MINUTES