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HomeMy WebLinkAbout1999-03-17 Planning and Zoning Board Minutes • MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD WEDNESDAY MARCH 17, 1999 7:30 P.M. 1. Roll Call — Present: Staff: Bob Adams Terry Virta, AICP — Growth Management Director Richard Seay Thomas Ansbro — City Attorney Victor Lohmann Board Clerk— Lou Ann Cunningham Jason Dubow Absent— Pat Santeramo The clerk swore in all recently appointed board members. Victor Lohmann is unanimously appointed as Chairman. Jason Dubow is unanimously appointed as Vice-Chairman. The chairman discussed adding recommendations and concerns to the minutes for better understanding of the back-up packet that is prepared for the commission. 2. Approval of minutes from February 17, 1999 Regular Planning and Zoning Meeting. Motion made by Bob Adams, seconded by Jason Dubow to approve the minutes as presented. Motion passed unanimously. 3. Approval of Agenda — Chairman Lohmann called anyone being represented by legal counsel to come forward. Agenda to be rearranged as follow: items 4, 5, 8, 6, 7 and 10. Request for continuance of item 9, RZ-17-99 to next meeting made by petitioner. Motion to approve adjusted agenda made by Jason Dubow, seconded by Bob Adams. Motion passed unanimously. 4. 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 Travelways Bus Company for a storage lot for bus parking and maintenance. (Continued from February 17, 1999) Terry Virta, AICP, Growth Management Director, addressed the board reviewing the details regarding the City vs. County zoning background information for this item. Based on information supplied by Molly Hughes of Hughes Hall, Inc., Mr. Virta Planning and Zoning Board 1 MARCH 17, 1999 MINUTES r recommends a right turn deceleration lane and that the project be reviewed under the county requirements. Mr. Virta concluded his summation by stating that if the project is be reviewed under Broward County Standards, as recommended, then project approval should be denied due to its failure to meet those standards as was outlined in staffs previous memo on this project. The Board asked Mr. Virta what part of the site plan does not meet county requirements. Mr. Virta responded by reviewing the impervious and pervious ratio requirements listed under the code. Don Hall, Attorney for the petitioner, addressed the board discussing which rules apply to an annexed property. Discussed permitted uses under the county zoning requirements. Stated that the impervious and pervious ratio requirement is a site plan regulation not a zoning regulation and that only county zoning regulations should apply. Further stated that under the county code, a site plan is reviewed and approved by staff and not by the Commission or the Planning and Zoning Board. Attorney Ansbro addressed the board stating that legally the county site plan requirements would apply to this annexed property. Stated that the county would not review a site plan once it is assumed by a city. Board asked Attorney Ansbro if the county zoning regulations apply then how does the city reconcile the administrative process that is involved in administering the regulations? Attorney Ansbro replied by stating that you would simply read what the site plan requirements specify under the county regulations. Attorney Hall and Attorney Ansbro debate the issue of the County vs. City. Ed Stacker, Attorney for Stirling Design Ltd., addressed the board quoting Florida State Statute, subsection 2 section 171.062, which states that if the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations stay in effect until the municipality adopts a comprehensive plan amendment that includes the annexed area. Attorney Stacker, concluded by stating that he concurs with Attorney Ansbro's determination. Attorney Hall stated that the site plan was not designed to meet county regulations and in fact, does not. He would like to have traffic issue presentation at this time. The clerk swore in Alan Tinter, traffic engineer for the petitioner. Discussed and addressed traffic issues. The board asked Mr. Tinter if there was a visibility study conducted in regards to the bridge located to the west of the site. Mr. Tinter answered that there was a study conducted and that it is included in his report. Mr. Hall asked the board if a copy of Mr. Tinter letter dated March 11, 1999 was included in their agenda packet. The board replied by answering yes. The Chairman opened the item for public comment. Planning and Zoning Board 2 MARCH 17, 1999 MINUTES Ed Stacker, Attorney for Sheridan Design Ltd., addressed the board speaking against this project and stated reasons why. Introduced his traffic engineer Mr. Miles Moss. The clerk swore in Miles Moss, traffic engineer, representing Sheridan Design Ltd. Mr. Moss addressed the board stating that this project is a traffic hazard due to line of site visibility. Board questioned Mr. Moss regarding his opinion about visibility of a vehicle approaching from the west going east and whether or not they would be able to properly site a bus that would be approaching the exit-way and then attempting to make a right hand turn. Mr. Moss responded by answering that most people are not traveling the speed limit and that the response time would cause a hazardous situation due to line of site visibility. Board questioned Attorney Ansbro regarding liability of the city if an accident occurred. Ed Stacker concluded by stating that this project is a traffic safety hazard and to deny this request. At this time the Chairman asked if there is anyone else wanting to be speak, hearing no one and see no one, the Chairman closed the public hearing. The clerk swore in Molly Hughes of Hughes Hall Inc., traffic consultant for the city. The board questioned Ms. Hughes regarding the gap issue. Ms. Hughes feels this issue is very important and that the applicant has not fully addressed the issue. Board member Adams addressed the board stating that this site plan does not meet county ordinance. Further discussion by board and Ms. Hughes regarding the gap issues. Discussion by board on City vs. County regulations. Motion made by Jason Dubow, seconded by Bob Adams to deny SP-61-98 based on County Ordinances. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Motion made by Richard Seay, seconded by Bob Adams to deny SP-61-98 based on City Code due to traffic safety issues. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 5. LUF-19-99 — Flex Allocation — Mr. Hicks would like to request the allocation of flex units for commercial development on property having a land use designation of Industrial. PL-11-99 — Request by Chip Bryan, CCL Consultants, representing Darrell D. Hicks, Manager of Pilot Corporation, who has been authorized by Alfred M. Sears, Jr., Personal Representative of the Estate of Ruth B. Hodges, owner of property located at the NE corner of Griffin Rd. and Anglers (Ravenswood Rd.). Mr. Hicks would like to request approval of the preliminary platting of the site to be known as the "Pilot Oil Travel Center" Plat. Planning and Zoning Board 3 MARCH 17, 1999 MINUTES • 0 VA-07-99 — Mr. Hicks would also like to request a variance from Chapter 28 Zoning, Article 6. Supplementary Use Regulations, 6.24 (a) Service Stations which states that: "no gasoline service station shall have an entrance or exit for vehicles within three hundred and fifty (350) yards, which distance shall be measured by following the curbline or edge of roadway where no curb exists, of the shortest vehicular route to the nearest point of the grounds of any school, public recreation area, church, chapel or residential district; and provided further that such access shall not be closer than thirty(30) feet to any intersection." The Variance request is to construct a gasoline service station and a Wendy's drive through restaurant on the above referenced property which will fall less than 350 yards from residential neighborhoods to the west of the site across Anglers Avenue, and from the public recreation area commonly known as Tigertail Park to the south across Griffin Rd.. SP-08-99 — Site plan request by Pilot Oil Corporation, to construct a Pilot Travel Center consisting of a convenient store, fuel station, and fast food (Wendy's) restaurant. Terry Virta, AICP, Growth Management Director, addressed the board explaining the items for consideration. Mr. Virta feels that the service station/fast-food restaurant/convenience store/truck stop proposed for this location is potentially a major traffic generator and that this would insure significant impacts on this location. Mr. Virta believes that the Preliminary Plat should be recommended for approval subject to all of the concerns raised by Broward County Staff having been addressed. Mr. Virta recommends that the request for Flex should be denied due to the significant demands upon the surrounding roadway system and suggested a traffic analysis showing otherwise. Mr. Virta further recommended that the board not act favorably on the request for variance stating that the applicant failed to show that there is a hardship other than the fact that they cannot meet the zoning code requirement. In concluding his summation, Mr. Virta stated that the site plan does not meet minimum City requirements. The project also does not meet minimum Commercial Design Guidelines as well as the minimum landscape requirement of the City. Board questioned Mr. Virta regarding the inventory of the flex units. Mr. Virta responded by answering that the inventory was not the issue. The issue is that this is a less intense use and not having the data to back that up Mr. Virta disagrees. Board further asked Mr. Virta what type of trucking operation this would be. Mr. Virta responded by stating that the site plan shows spaces for 110 diesel trucks on the site. Which would not be consistent with the use of similar businesses in the area. The clerk swore in William Mulligan, Director of Design/Construction for Pilot Corporation. Mr. Mulligan addressed the board giving background information on Pilot Corporation. Mr. Mulligan corrected the number from 110 to 103 diesel truck spaces for this site. He stated that the majority of visitors arrive in cars vs. trucks and that most of their business is local. Stated that they do not need the variance since they changed the access point on the site plan. Concluded by stating that this Planning and Zoning Board 4 MARCH 17, 1999 MINUTES • w company is privately owned and that management is very hands on oriented. Board questioned Mr. Mulligan regarding having a traffic study done. Due to time restraints Mr. Mulligan suggested alternate traffic data. Also stated that this project does have deceleration lanes on both Ravenswood and Griffin Road. Mr. Mulligan stated that he could modify the landscaping to meet the city requirements. Will also adjust the canopies to meet the design guidelines. The clerk swore in Shelly Ickner of Calvin, Giordano and Associates addressed the board in regards to Flex. Ms. Ickner feels that this project is compatible with the surrounding area. Concluded by stating that she does not feel that a traffic study would be of any use since there is a deceleration lane already in the site plan. The Chairman opened the item for public comment. The clerk swore in Joseph Honan, resident and business owner spoke against this project stating that it would not be beneficial to the area. The clerk swore in Dolores Maselli, resident spoke in favor of this project. The clerk swore in Josephine Magna resident spoke in favor of this project. The clerk swore in Dorothy Honan, resident and business owner spoke against the project due to the truck stop portion of this project. The Chairman asked if there is anyone else wanting to be speak, hearing and seeing no one, the Chairman closed the public hearing. Board member Adams addressed the board stating that it would beautify the city but that safety is the overriding issue and does not support this project. Board member Dubow questioned Mr. Virta regarding not needing the variance due to the access point being changed on the site plan. Discussed ordinances in regards to this project. Chairman Lohmann commented regarding there being gas stations on two corners of this intersection and not being able to support another one. Board member Seay commented that this would be a visual enhancement for this site, but feels that public safety is a more important issue. Motion made by Bob Adams, seconded by Richard Seay to deny VA-07-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Motion made by Jason Dubow, seconded by Bob Adams to approve LUF-19-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - no Richard Seay - yes Jason Dubow - yes Motion made by Jason Dubow, seconded by Bob Adams to approve PL-11-99 based on including County comments. Motion passed on the following roll call: Planning and Zoning Board 5 MARCH 17, 1999 MINUTES 0 • Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Motion made by Jason Dubow, seconded by Richard Seay to approve SP-08-99 subject to compliance of comments made by staff. Motion failed on the following roll call: Bob Adams - no Victor Lohmann - no Richard Seay - yes Jason Dubow - yes Chairman Lohmann would like to state for the record that disapproval of this project is due to preferring not to see any further fuel stations at this intersection. 8. PL-15-99 — Request for preliminary plat approval by Edward Ploski, AICP, Craven Thompson & Assoc., representing Thomas T. Coon, President, Coon Holdings, Inc. for the development of a warehouse located north of Eller Drive between Federal Hwy. and S.E. 14' Avenue, Dania Beach, Florida, to be known as the "Coon Holdings" Plat. Terry Virta, AICP, Growth Management Director addressed the board explaining the preliminary plat and the proposed use of this site as being the construction of a warehouse. Mr. Virta concluded his summation by recommending approval. The Chairman opened the item for public comment. Hearing no one and seeing no one the Chairman closed the public hearing. Motion made by Bob Adams, seconded by Jason Dubow to approve PL-15-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 6. SP-13-99 — Request by Michael Mogerman, representing Festival Fun Parks, LLC. To construct a paint ball area on the north side of the property which would include 2 modular buildings. Property is commonly known as the Grand Prix Race-O-Rama site located at 1700 NW 1 s` Street, Dania Beach Florida. Terry Virta, AICP, Growth Management Director addressed the board explaining the proposed paint ball facility and the modular buildings to be built in association with this amusement. Mr. Virta recommends approving the addition of this attraction to the amusement park. The board reviewed the site plan. Mike Mogerman of Festival Fun Parks addressed questions by the board regarding the netted enclosure and modular buildings. Planning and Zoning Board 6 MARCH 17, 1999 MINUTES • 0 The Chairman opened the item for public comment. The clerk swore in Ernesto Delmonte and Michael Frost previous owners of the Three Amigos. They ran the facility for the past six months located at Festival Fun Parks. Spoke in opposition of this project. The Chairman asked if there was any one else wanting to speak, hearing and seeing no one, the Chairman closed the public hearing. Board member Adams and Attorney Ansbro discussed in regards to site plan approval that it is not their privilege or right to choose who runs the facility. Motion made by Bob Adams, seconded by Richard Seay to approve SP-13-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 7. PL-14-99 — Request for preliminary plat approval by Mikki L. Hitt, Deni Associates representing Mario Bernard, President of M.B. Construction, for the development of 5 single family homes on the proposed subdivision to be known as "Bernard Village" Plat, located at SE 10th Street and SE 2nd Avenue, Dania Beach, Florida. Terry Virta, AICP, Growth Management Director addressed the board describing the preliminary plat and the variance that was already approved with the condition of two twelve foot Oak or Mahogany trees be placed along the rear lot lines. Mr. Virta recommends approval of this preliminary plat. The clerk swore in Mikki Hitt, of Deni and Associates representing the petitioner. Asked the board to recommend in favor of this project. The Chairman 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 PL-14-99. Motion passed on the following roll call: Bob Adams - es Victor Lohmann - es Y Y Richard Seay - yes Jason Dubow - yes 10. Administrative Ordinance — Zoning Text Amendment regarding procedure for Special Exception Requests. Terry Virta, AICP, Growth Management Director addressed the board explaining that the intent of this proposed amendment is to provide clearer guidelines as to the standards of review under which would place requests for Special Exceptions. Attorney Ansbro explained the difference between Variance and Special Exception. Planning and Zoning Board 7 MARCH 17, 1999 MINUTES Chairman Lohmann suggested deferral of this item so that the new members of the board will have time to review the Special Exception Ordinance. Discussion on site plan packet contents and dumpster enclosure requirements. Motion for continuance made by Bob Adams, seconded by Jason Dubow. Motion passed unanimously. 9. Request to continue this item until April 21, 1999. RZ-17-99 — Request by Calvin, Giordano & Associates, Inc. representing Kevin Guthard, Trafalgar Associates, Inc., for a rezoning request for property located on the north side of Sheridan Street, approximately 691 feet west of S.E. 5th Avenue in the City of Dania Beach. The request is to change the 9.913 acre site from it's current zoning designation of Commercial (C-2) to Residential Medium High — 25 (RM-25). SP-18-99 — Request by Calvin, Giordano & Associates, Inc. representing Kevin Guthard, Trafalgar Associates, Inc., for site plan approval of a project known as "Sheridan 400", for development of five (5) - four-story/multi-family buildings totaling 240 units. Property is located on the north side of Sheridan Street, approximately 691 feet west of S.E. 5th Avenue in the City of Dania Beach. Adjournment Planning and Zoning Board 8 MARCH 17, 1999 MINUTES