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HomeMy WebLinkAbout1999-01-20 Planning and Zoning Board Minutes a a MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY JANUARY 20, 1999 7:30 P.M. 1. Roll Call - Present: Staff: Bob Adams Terry Virta, AICP - Growth Management Director Pat Janowski Thomas Ansbro - City Attorney Victor Lohmann Board Clerk - Lou Ann Cunningham Jason Dubow Kevin Pierson 2. Approval of minutes of the November 5, 1998 Special Meeting. Motion to approve as presented made by Bob Adams, seconded by Pat Janowski. Motion to approve minutes from December 16, 1998 Regular Meeting made by Bob Adams, seconded by Kevin Pierson. Motion passed unanimously. 3. Approval of Agenda - Chairman Lohmann called anyone being represented by legal counsel or professional consultant to state their petition number. Agenda to be rearranged as follows: items 4, 5, 9, 12, then in order 7, 8, 10, 11. Request for continuance of item 6, Amoco items VA-63-98, SE-63-98, SP-64-98 to next meeting made by petitioner. Motion to approve adjusted agenda made by Bob Adams, seconded by Pat Janowski. Motion passed unanimously. Chairman asked all persons wishing to be heard tonight to stand, state their name and be sworn in by the clerk collectively. 4. RZ-09-99 — Rezoning request by Cliff Berry, Inc. to change the existing zoning from the M-3 to the M-4 zoning district, which would allow his request to relocate / renovate his existing oil recovery transfer station at 851 Eller Drive in Port Everglades. SP-55-98 - Site plan request by Cliff Berry, Inc. for a proposed transfer station facility in the Port Everglades area located at 851 Eller Drive. (Continued from 12/16/98) Planning and Zoning Board 1 JANUARY 20, 1999 MINUTES Terry Virta, Growth Management Director, AICP addressed the board describing his concern that a rezone to M-4 might potentially allow for industrial development more intense that the City would desire. Reviewed the site plan and finds that it meets the minimum requirements of the City in terms of landscaping and parking. Recommends that the rezoning request not be approved. Should the Board recommend approval of the rezoning then they should recommend approval of the site plan as well. Neal Janov, residing at 2647 N. Andrews Ave. Ft. Lauderdale, spoke on behalf of the petitioner. Stated that he meet with Mr. Virta a few months prior regarding the permitted uses in the M-3 zoning. This property is located in Port Everglades and their zoning should apply to this property regardless who annexed this property. Described intended use as follows, transfer facility receiving oily waste water, used oil, drums of none hazardous sludge etc., will be storing oil spill clean up equipment and a truck repair shop for servicing. Will be an expanded version of the facility that has been operating since 1985 at this location. Asked the Board to please allow the rezoning as it is a good and proper use for this location. Mr. Lohmann questioned the petitioner and staff asking for a deed restriction or a method of restricting future heavier use of the site in order to grant M-4 rezoning. Mr. Janov responded by stating that they are more than willing to exclude certain specific uses that are currently permitted. Board discussed with petitioner which uses to keep. Mr. Janov stated that he would like to keep oil reclamation and freight classification. Mr. Janov also stated that the petitioner was under the impression this property was zoned PEDD and that it was allowed. Attorney Ansbro and Mr. Virta stated that this property is not zoned PEDD. Attorney Ansbro will look into the legality of placing restrictions. Motion to approve RZ-09-99 made by Jason Dubow, seconded by Kevin Pierson. Motion passed on the following roll call: Bob Adams - no Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Victor Lohmann - yes The site plan was then addressed by the Board. The Chairman opened the item for public comment, hearing no one and seeing no one, the Chairman closed the public hearing. Motion to approve SP-55-98 subject to rezoning being approved, made by Jason Dubow, seconded by Pat Janowski. Motion passed on the following roll call: Bob Adams - yes Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Victor Lohmann - yes Planning and Zoning Board 2 JANUARY 20, 1999 MINUTES 5. SP-61-98 — Request by J. F. Smith Design & Build Inc., representing AC @ LP Corp., Lester Boggs, President, for site plan approval for property located at 1237 Stirling Rd.. The petitioner is seeking site plan approval for a storage lot for bus parking. (Continued from 12/16/98) Terry Virta, Growth Management Director, AICP addressed the board stating that all of the issues have been addressed since the last meeting of the Board, with the exception of the ingress and egress issue in which the Board has directed staff to have a traffic study done. Copy of the report done by Molly Hughes was included in Board member agenda packet. Ms. Hughes, who conducted the study, has identified a number of items that she feels needs additional analysis to adequately evaluate the impact of the traffic movement in and around the site. Mr. Virta recommends that the site plan be approved as submitted. It fully complies with the requirements of the code under the M-2 zoning designation. The clerk swore in Molly Hughes, City Traffic Consultant. Ms. Hughes addressed the board explaining that she reviewed the traffic study and that there are no concerns at this time but they have a couple of issues that they did not have enough data or information on. The specific issues are explained in a letter dated January 12, 1999. Explained different types of studies that were performed. Needed more information regarding the safe and adequate access responsibility that every issuing agency must discover for themselves. The issue is with the actual approach to the driveway and the specific location of the driveway. Board member Jason Dubow questioned Ms. Hughes if she felt any part of the data to be inappropriate or invalid. Ms. Hughes answered by saying no, it was just incomplete and she needed more information for this type of study. Don Hall, attorney for the applicant, addressed the board explaining law regarding this issue and that they do meet city code. Chairman explained to Mr. Hall that tonight the issue is the traffic safety report. Chairman asked Ms. Hughes if these issues would be resolved this evening or do they require further review. Ms. Hughes stated that she reviews information with several people from her firm before making a recommendation and conclusion. She would not be able to make a decision tonight based on her own judgment. Mr. Hall would like Mr. Tinter, traffic engineer hired by the petitioner, to address the board and deal with the remaining points so that the Board can vote tonight. Chairman Lohmann expressed concern of not having their own report from our traffic engineer. The Board asked Ms. Hughes how long it would take to conclude information. She responded with 2-4 working days. She will review information and verify any concerns that may occur from this new information and then put together a short report for Staff. Board will hold special meeting on February. 3, 1999, so that Ms. Hughes will have time to conclude her traffic study. Petitioner would like to go in front of the Commission at their proposed next meeting on Wednesday, February 10, 1999. If this meeting is canceled, there will not be a Planning and Zoning Board 3 JANUARY 20, 1999 MINUTES special meeting and the item will be heard at the regular Planning and Zoning Board meeting February 17, 1999. Ed Stacker, attorney on behalf of Stirling Design limited, would like to see Ms. Hughes traffic study. Does not need to speak further if this item is being continued to special meeting. Would like to obtain their own traffic study and will share results with the Board. Mr. Adams stated that the Board will need to notify Mr. Stacker and all impacted areas of when this item will be discussed again. Motion to continue to special meeting February 3, 1999, made by Bob Adams, seconded by Jason Dubow. Motion passed unanimously. Neil Calus, spoke on behalf of the petitioner Mr. Boggs, addressed the Board asking for clarification regarding the special meeting. Chairman Lohmann closed the public hearing. 9. LU-03-99 — Request by Calvin, Giordano & Associates, Inc. representing Kevin Guthard, Trafalgar Associates, Inc., for a land use change for property located on the north side of Sheridan Street, approximately 691 feet west of S.E. 5` Avenue in the City of Dania Beach. The request is to change the 9.913 acre site from it's current land use designation of Commercial to a Residential use of MH (25) (Medium High — 25) for the purpose of constructing 5 - 4 story/multi-family buildings totaling 240 units. Terry Virta, Growth Management Director, AICP addressed the Board describing the requested land use change and its location. The project appears to have merit and there does not appear to be a demand for additional commercial. Stating that multifamily projects seem to be successful, however, there is a concern with the large bite out of the existing inventory of flex units within this flexibility zone. Recommends support of the land use change, but not through the use of flexibility units. Recommended that the applicant pursue this proposal by seeking a small area amendment to the Broward County Plan. Chairman asked Mr. Virta what it would cost the applicant in fees with the County versus the cost of the seeking a land use change with the city. Mr. Virta responded by saying the county fees are very substantial and will add 6 months to this project, whereas the city costs are less. Board asked Mr. Virta to define flex units. Mr. Virta described it by explaining the mixed use development projects which gives the city flexibility of the use of land. Board discussed not knowing whether they will need the flex units for future projects and is concerned by using so many of them. Kevin Guthard, 501 Sheridan St. Trafalger Associates developers of Sheridan Ocean Club, Sheridan Lake Club, The Homes of Sheridan and The Villas of Sheridan. Partnership with The Adler Family and feels flex units are the best way to go about this project. Described proposed project and overview of their intentions. Planning and Zoning Board 4 JANUARY 20, 1999 MINUTES Shelly Ickner with Calvin, Giordano & Associates spoke on behalf of the applicant explaining that time and money is a factor and the land is ready. Stated that there will be plenty of flex units still available after they use 240 of the 712 available. Suggested the city use a regional activities center for a downtown redevelopment by seeking a land use plan amendment with out the need to utilize flex units. Chairman Lohmann questioned Mr. Virta regarding the land use amendment in the Comprehensive Plan. Should the city experience growth in the downtown area, can the City address this issue through the land use change or does the city have to only use the flex units? Mr. Virta replied by saying that this is something that is potentially addressable by the City the next time they go through the amendment process but the ability to do it is no more certain than the ability of an individual citizen. Chairman Lohmann stated that the bank flex units are depleatable but not replenishable but the land use change is always an avenue for the City or a petitioner on a regular basis and in a case like this. Chairman Lohmann asked Mr. Virta regarding the conflict in numbers in regards to the available flex units. Mr. Virta answered by stating the he got the numbers from the updated Comprehensive Plan that Leigh Kerr prepared. Board discussed what influence the difference in the available flex units would be for the board. Shelly Ickner clarified that the real difference between the numbers in Mr. Virta's report and Leigh Kerr's letter is only 70 units. The difference between reserve units and flex units are how they were originally allocated to cities through the County's land use plan and reserve units can be used equally as flex units. Carl Adler speaking as Partner/Owner of the development has had the property in the family for 90 years would like to keep property in the family and was not sure how to develop on the property so he took a partner. Mr. Adler feels this would be good for Dania and asked for approval. Salvatore Polistina residing at 461 SE1 11th Terrace in the Sandpiper Townhomes concerned with the wildlife living on this land. Wanted to know if there was a study on the impact on the Publix with so many rentals in the area. Concerned with them opening the dead end street at SW 14th St. and the traffic impact Kevin Guthard responded to Mr. Polistina's questions regarding SE 14th St access. At this time the Chairman asked if there is anyone else wanting to speak, hearing no one and seeing no one, the Chairman closed the public hearing. Bob Adams commented that the City is trying to go toward ownership not rentals. Expressed his concern regarding using so many flex units for this project. Chairman Lohmann asked the petitioner how many of the surrounding projects are owner occupied versus rental units. Kevin Guthard responded by stating 152 single family ownership homes in the Ocean Club. Sandpiper and Sheridan By the Beach are owner occupied communities. Paradise Point is rentals split Planning and Zoning Board 5 JANUARY 20, 1999 MINUTES 0 0 between Hollywood and Dania Beach, Watermark is Condominium of 48, portion of Sheridan Ocean Club is Rental of 588 and Sheridan Lake club is 144 rental apartments. Total number of rentals are approximately 794. Discussion by the board that if the flex units are used they should be utilized by property needing upgrading for example Downtown or the north side of SW Sheridan St. Further discussion on whether or not to grant the flex units for this project or to recommend that the petitioner apply for a small-scale land use amendment. Discussion by Board members on action to take. Shelly Ickner spoke saying that she feels the County would approve this amendment and this is really a matter of time. Motion to deny LU-03-99 made by Bob Adams, dies for lack of second. Mr. Lohmann suggested having petitioner contribute $100,000 to City Tree Fund. Kevin Guthard is uncomfortable with putting on dollar amount on flex units. Motion to approve made by Jason Dubow, seconded by Kevin Pierson. Motion denied on the following roll call: Bob Adams - no Jason Dubow - yes Pat Janowski - no Kevin Pierson - yes Victor Lohmann - no 12. SP-06-99 — Request by Port 5, Ltd., Kelsey Business Center, for site plan approval of a warehouse building on approximately 4 acres (188,865 sq. ft.) of land located just to the south of 2150 NE 7" Ave. (South of the Hertz Rental Car facility). Terry Virta, Growth Management Director, AICP addressed the board describing the proposed project. The project generally complies with the requirements of the City's Code. The only exception is the area intended for truck use in the interior court area of the building. Recommends approval of this site plan. Chairman Lohmann opened the item for public comment, hearing no one and seeing no one. The Chairman closed the public hearing. Motion to approve made by Bob Adams, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Victor Lohmann - yes 7. PL-01-98 — Request for preliminary plat approval of the "Clem Plat" by Stoner and Associates for property owner Jack Clem. The property located at 2765 SW 36"' Street, Dania Beach Florida, is approximately 1.86 acres (81,188 sq. ft.) and is zoned Industrial (M-1). Planning and Zoning Board 6 JANUARY 20, 1999 MINUTES Terry Virta, Growth Management Director, AICP addressed the Board describing the request as a single lot plat zoned M-1 industrial. Plat complies with the city requirements and recommends to approve. Chairman Lohmann opened the item for public comment, hearing no one and seeing no one. The Chairman closed the public hearing. Motion to approve made by Bob Adams, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Victor Lohmann - yes 8. VA-02-99 — Request by Jack Greiner representing Dania Homes, Inc. for variances from lot area, lot width and side street set backs for lots 1, 2 and 3 for the construction of 3 duplexes in an RM zoned district. The code requires that 10,000 sq. feet of area is required per lot and that each lot shall have a width of 75 feet and a length of 100 feet minimum. The location of the site is 200 SE Park Street in Dania Beach Florida. The properties are 6,307 sq. ft for lot #1, 5,712 sq. ft. for lot 2 and 5,712 sq. ft. for lot#3. Terry Virta, Growth Management Director, AICP addressed the board stating the code requirements for these 3 lots and that the applicant has not showed hardship for such a large variance from the code requirements. Recommends denial of this item. Board discussed the requirements of single family homes on this lot. Further discussion regarding the date the zoning code became effective. Graham Geralds, 2849 Ravenswood Road architect for the petitioner, addressed the board explaining that the petitioner purchased the land under the assumption that he would be able to build on this land like the surrounding land is being used. The proposed duplexes would be for sale not for rent. Shawn Wilson, 214 SE Park St. spoke against this item because of drainage problems existing at this location and the lot being too small to build 3 duplexes. Robert Terjesen, 110 SE Park St. spoke against this item due to drainage, too many rentals and small lots. John Olsen, 213-215 SE 1st St. spoke against this item due to small lots suggested 2 duplexes instead of 3. Hearing no one and seeing no one else, the Chairman Lohmann closed the public hearing. Bob Adams questioned Mr. Virta regarding the percentage of this area that does not comply with the zoning code as it currently stands. Mr. Virta did not know at this time. Attorney Ansbro cited case law and description of variance hardship rules. Chairman Lohmann suggested possibly building single family homes. Mr. Virta stated that the zoning and standards are the same for single family as it is Planning and Zoning Board 7 JANUARY 20, 1999 MINUTES for duplex. Board and Mr. Geralds discussed using this as 2 lots versus 3 and drainage problems. Chairman asked the Board if there was any support for the variance as stated. No support shown. Mr. Geralds discussed options with the Board. This item was deferred until later in the meeting. At this time VA-04-99 was addressed. 10. Graves Museum of Archaeology and Natural History, Inc., for a variance from Chapter 28 Zoning, Article 6.21 Schedule of Off Street Parking Requirements. The petitioner would like to reduce the required number of parking spaces by 15 spaces, in conjunction with the renovation and addition to the existing museum and construction of a new parking lot to the east. Terry Virta, Growth Management Director, AICP addressed the board describing the renovation and the expansion of the building explaining that the total parking would be 15 spaces less than required under the zoning ordinance. The current parking lot is under utilized due to the fact that the majority of their visitors are school-aged children brought by school buses. The parking standards are not specific for museums. Recommends approval of this variance. Board discussed their concern of fund raising for the construction. Vernon Pierce from Pierce Architectural Group spoke on behalf of Graves Museum addressed the Board describing parking lot and traffic flow at the museum. Addressed the concerns regarding the fund raising for this project would not be a problem. The Chairman opened the item for public comment, hearing no one and seeing no one the Chairman closed the public hearing. Motion to approve made by Kevin Pierson, seconded by Pat Janowski. Motion passed on the following roll call: Bob Adams - yes Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Victor Lohmann - yes Item VA-02-99 was re-addressed at this time. Mr. Geralds addressed the board stating his client would like to build 2 duplexes instead of 3. Board is in agreement of this matter. Motion to continue this item made by Bob Adams, seconded by Kevin Pierson. Motion continued on the following roll call: Bob Adams - yes Jason Dubow - yes Pat Janowski - yes Kevin Pierson - yes Victor Lohmann - yes Planning and Zoning Board 8 JANUARY 20, 1999 MINUTES 11. SP-05-99 — Request by DCOTA Development Co., Ltd., Ptr., for site plan approval of Phase III, which would be the third of four approved buildings in the DCOTA Development of Regional Impact, at the 1855 Griffin Rd. The site is approximately 30.9177 acres and is zoned C-4 (Commercial). Motion to continue made by Pat Janowski, seconded by Jason Dubow. Motion to continue was unanimous. Attorney Ansbro requested to add sign ordinance revisions at the special meeting on February 3. The Board agreed. 6. (Request for Continuance of items VA-63-98, SE-63-98 and SP-64-98, by Lily Glarentzos ) Chapter 28 Zoninq Article 6.63 Gasoline Service Stations— Section (5)a - Signage and Lighting - which states that 1 Monument sign measuring no more than 7 feet high and 6 feet wide are the only permitted freestanding signs allowed. The petitioner would like to keep the existing pole sign on the site; and Section (5)b - Signage and Lighting - by allowing the canopy's of the pump islands to not have pitched roofs, to be illuminated and to have striping per Amoco's standards; SE-63-98 — A request by John Glarentzos, owner of the Amoco Station located at 1554 South Federal Highway, Dania Beach for approval of a special exception use which would allow the installation of a car wash in a C-3 zoning district. SP-64-98 — Site Plan request by John Glarentzos for proposed renovations to the existing Amoco Gas Station located at 1554 S. Federal Hwy. Adjournment Planning and Zoning Board 9 JANUARY 20, 1999 MINUTES