HomeMy WebLinkAbout1999-04-21 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD
WEDNESDAY
APRIL 21, 1999
7:30 P.M.
1. Roll Call —
Present: Staff:
Richard Seay Terry Virta, AICP — Growth Management Director
Victor Lohmann Thomas Ansbro — City Attorney
Jason Dubow Board Clerk— Lou Ann Cunningham
Pat Santeramo
Absent/Excused — Bob Adams
2. Approval of minutes from March 17, 1999 Regular Planning and Zoning Meeting.
Motion made by Jason Dubow, seconded by Richard Seay to approve the minutes
as presented. Motion passed unanimously.
Motion to excuse Bob Adams made by Jason Dubow, seconded by Richard Seay.
Motion passed unanimously.
3. Approval of Agenda — Chairman Lohmann called anyone being represented by
legal counsel to come forward. Motion to move item 9, SP-24-99 to precede item 4
made by Pat Santeramo, seconded by Jason Dubow. Motion passed unanimously.
OLD BUSINESS
4. 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 Single Family Homes 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. (Refered back by City
Commission March 23, 1999.)
Terry Virta, AICP, Growth Management Director addressed the board explaining
that the petitioner has been in front of the commission and that they would like to
see single family homes vs. duplexes on the property. Mr. Virta stated that the
Planning and Zoning Board 1 April 21, 1999
MINUTES
• 0
petitioner does show grounds for hardship. Mr. Virta recommends that the board
act favorably for the request for variance.
The chairman opened the item for public comment. Hearing and seeing no one
the chairman closed the public hearing.
Chairman Lohmann stated that he is glad to see single family ownership for this
site. Board members stated their support for the variance.
Motion made by Pat Santeramo, seconded by Richard Seay to approve VA-02-
99. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Chairman Lohmann noted for the record that he is pleased with the efforts by the
petitioner to meet the citys goal and should be commended.
9. SP-24-99 — Request by Jeff Collie for site plan approval for a retail store located
on south Dixie Highway and SW 14th street. Site is located in the C-3
(Commercial) zoning district on approximately 7,333 sq. ft. of land.
Terry Virta, AICP, Growth Management Director addressed the board describing
the proposed site plan. Mr. Virta stated that the landscape plant species list is not
shown and the dumpster location does not meet the double blind entrance
specification. The site is also deficient by one parking space. Mr. Virta cannot
recommend approval without the applicant agreeing to make the necessary
modifications that would bring the site plan into conformance.with the Dania
Beach Code requirements.
The clerk swore in Graham Geralds, architect for the applicant addressed the
board regarding applying for a variance for the parking space shortage. Stated
the it should be no problem complying with the city in regards to the landscaping
and dumpster.
The board discussed the parking space issue and not having any problem with
the applicant applying for a variance.
Motion to defer SP-24-99 to the next scheduled Planning and Zoning Board
Meeting made by Pat Santeramo, seconded by Richard Seay. Motion passed on
the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Planning and Zoning Board 2 April 21, 1999
MINUTES
• 0
5. 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).
VA-23-99 - Request by Calvin, Giordano & Associates, Inc. representing Kevin
Guthard, Trafalgar Associates, Inc., for a variance request to allow 2 parking
spaces per dwelling unit where Chapter 28, Zoning, Article 6.21 Off Street
Parking requirements call for 2.2 spaces. The variance would allow the project to
be built with 48 less parking spaces than required, allowing for more green space
area.
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.
Terry Virta, AICP, Growth Management Director, addressed the board describing
and reviewing the three part request by the petitioner. Mr. Virta recommends
approval for all the proposed requests.
The clerk swore in Kevin Guthard of Trafalgar and Associates addressed the
board introducing Shelly Ickner to describe the rezoning.
The clerk swore in Shelly Ickner of Calvin Giordano and Associates. Ms Ickner
explained the rezoning to the board.
Mr. Guthard stated that he met with the Fire Marshall and that there is a solution
for all the items of concern. Stated that the commissioners recommended a
variance and would rather have the green space vs. the 2.2 parking requirement.
John Handly of Calvin Giordano and Associates explained the FDOT shared
access. Mr. Guthard explained the site plan details.
Pat Santeramo questioned staff on whether or not the parking meets the ADA
parking requirements for handicapped parking. Mr. Virta responded that it is not
reviewed until the building permitting stage.
The Chairman opened the item for public comment. Hearing and seeing no one,
the chairman closed the public hearing.
The board asked the petitioner to explain briefly how they plan on remedying the
Fire Marshall's concerns. Mr. Guthard addressed the board giving the details of
his plan for resolving the Fire Marshall's concerns.
Planning and Zoning Board 3 April 21, 1999
MINUTES
• •
Motion made by Richard Seay, seconded by Pat Santeramo to approve RZ-17-
99. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Motion made by Richard Seay, seconded by Pat Santeramo to approve VA-23-
99. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Motion made by Richard Seay, seconded by Jason Dubow to approve SP-18-99
conditioned on meeting the requirements of the Fire Marshall and any other
conditions set by staff. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
It was unanimously decided to move item 6 to the end of the agenda.
NEW BUSINESS
7. VA-16-99 — Variance request by Carmela M. Zito, 845 NW 10th Ave., Dania
Beach from Chapter 28, Zoning, Article 4. District Regulations, Schedule of Lot,
Yard and Bulk Regulations for the RS-6000 zoning district, City of Dania Beach.
Mrs. Zito would like a variance for a shed to be placed on an existing slab which
is 6.9 feet from the rear (15 feet required) and 4 feet from the south side (7 feet
required.)
Terry Virta, AICP, Growth Management Director, addressed the board explaining
the proposed variance. Mr. Virta has no objection and recommends approval of
this variance.
The clerk swore in Carmella Zito the petitioner and her son Albert Zito explaining
the need for the variance.
The chairman opened the item for public comment.
The clerk swore in Roxanne Knight, neighbor of the petitioner who spoke in favor
of the variance. Hearing and seeing no one further, the chairman closed the
public hearing.
Motion made by Jason Dubow, seconded by Richard Seay to approve VA-16-99.
Planning and Zoning Board 4 April 21, 1999
MINUTES
• •
Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann yes Pat Santeramo - yes
8. RZ-20-99 - Request by Leigh R. Kerr, AICP, representing R. K. Companies /
Donna Krilich to rezone property located at SW 1st Street and SW 18th Ave. from
R-2 Residential to C-2 Commercial in conjunction with the proposed Hotel,
Conference Center and Restaurant development, site plan SP-21-99.
SP-21-99 - Request by Leigh R. Kerr, AICP, representing R. K. Companies /
Donna Krilich for site plan approval on property located north of Stirling Road and
SW 18th Court to the east of 1-95 - Duke and Duke, Douglas Hill and the Krilich
Plats. The request is for the proposed construction of a hotel, Conference
Center and Restaurant developments.
Mr. Virta, AICP, Growth Management Director addressed the board describing
the proposed rezoning from R-2 residential to C-2 commercial and site plan
requests. Mr. Virta expressed his concerns regarding parking and minor
landscape concerns. Mr. Virta stated that the property subject to the rezoning is
in need of a height variance and recommends that the board acts favorably to the
requests.
The clerk swore in Cindy Bertschinger of Leigh Robinson Kerr and Associates
representing the applicant. Ms. Bertschinger stated that a parking structure will
provide more than enough parking for the site. Requested that the board sends
this project to commission for vote and that the height variance would be sought
before that time. The board questioned Ms. Bertschinger if the entire project
would be constructed simultaneously. Ms. Bertschinger introduced Mr. Craddock
to answer this question.
The clerk swore in Mike Craddock architect for the applicant addressed the board
describing the construction for this project as being concurrent. The board
questioned staff regarding the height variance. Mr. Virta stated that the property
already has a variance from the prior construction and that a small piece of land
was not included in the original variance. Mr. Craddock stated that most of the
concerns of the Fire Marshall have been complied with and he will meet with the
Fire Marshall for the remaining concerns.
The chairman opened the item for public comment. The clerk swore in Richard
Wells of 100 SW 18m Ave. which is directly east of the land in question. Mr. Wells
is concerned about the access being too small on SW 18th Ave. Mr. Virta
addressed the board describing the traffic circulation system. Mr. Virta stated that
the SW18th Ave. is a public roadway. The road will remain a public roadway and
the petitioner will improve the roadway as part of their site plan. The board and
Mr. Wells discussed the current access to his property.
Planning and Zoning Board 5 April 21, 1999
MINUTES
• • '
The clerk swore in Michael Thomas developer for the petitioner. Mr. Thomas
addressed the board clarifying that Mr. Wells will have access to his property and
no curb is planned. The board would like to note that Mr. Wells would have
access to his property once the road is improved. Hearing and seeing no one
further the chairman closed the public hearing.
Motion made by Richard Seay, seconded by Pat Santeramo to approve RZ-20-99.
Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Motion made by Richard Seay, seconded by Pat Santeramo to approve SP-21-99,
subject to the concerns of staff being satisfied, unimpeded access and future
height variance. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
10. SP-25-99 — Request by Stephen St. Clair, to construct an addition to an existing
building (Competition Cycle located at 901 Old Griffin Rd.) and for a parking plan
located on the F.P.L. property to the south. The proposed development is in the
C-3 (Commercial) zoning district on approximately 19,004 Sq. Ft. ± of land.
Terry Virta, AICP, Growth Management Director addressed the board describing
the addition to the existing building at this location with the additional parking
being located on the FP&L right of way. The Fire Marshall has some concerns
that need to be addressed. Mr. Virta recommends approval of the site plan
provided that the applicant makes the necessary changes of the Fire Marshall.
The clerk swore in Stephen St. Clair, the petitioner. Mr. St. Clair had nothing to
add to Mr. Virta's summation and stated that he does not have a copy of the Fire
Marshall's comments. After reviewing the comments Mr. St. Clair stated that he
would have to consultant with his architect, but he sees no problem with
complying. Mr. St. Clair stated that he has a lease agreement with FP&L with the
option to purchase at the end of this year.
Motion made by Richard Seay, seconded by Jason Dubow to continue SP-25-99
until May 19, 1999 the next regular scheduled Planning and Zoning Board
meeting. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Planning and Zoning Board 6 April 21, 1999
MINUTES
11. VA-26-99 — Requests by Tony Aliaga, Aliaga Enterprises, Inc., owner of property
located at 2180 SW 38" Street, Dania Beach for the following variances in
conjunction with the proposed construction of an auto body shop, office and
storage facility, (European Auto Service, Inc. — SP-27-99):
1) Chapter 28, Zoning, Article 6.21, Schedule of Off Street Parking
Requirements. Mr. Aliaga is proposing a reduction in parking spaces to 16
parking spaces, where a total of 17.2 are required, so that a total of 12 oak trees
can be preserved.
2) Chapter 26, Vegetation, Sec. 26-51 Perimeter landscape requirements for
business, commercial and industrial properties. A five-foot landscape buffer shall
be provided around the perimeter of the property except for areas required to
provide landscape buffers in accordance with section 26-50. Such landscape
buffer shall contain one (1) tree for each forty (40) linear feet and a row of
hedges. Mr. Aliaga is requesting relief from the 5 foot buffering requirement and
proposes to install additional landscaping in the front and year yards.
SP-27-99 — Request by Tony Aliaga, Aliaga Enterprises, Inc., owner of property
located at 2180 SW 38'1' Street, Dania Beach for site plan request for the
proposed construction of an auto body shop, office and storage facility, European
Auto Service, Inc.
Terry Virta, AICP, Growth Management Director addressed the board submitting
a revised staff report which included comments regarding the Zoning Moratorium
which the petitioner will need a variance from. Mr. Virta reviewed the proposed
variance from the parking and landscape buffer, further stated that the petitioner
met with the city's tree consultant Mr. Tesauro in order to preserve the oak trees
located on the site. The site plan reflects the results of those preservation efforts.
Mr. Virta recommends the board to act favorably on all of the requests. Board
discussion regarding the Moratorium Ordinance.
The clerk swore in Robert McDonald, architect for the petitioner addressed the
board accepting any questions they might have.
The clerk swore in Bill Tesauro, tree consultant, addressed the board describing
the location of the mature oak trees and proposed relocation of them. Mr.
Tesauro described proposed landscape design. Discussion on harvesting a tree
earmarked for removal. Mr. Tesauro stated that relocating the tree is not cost
effective.
The chairman opened the item for public comment. Hearing and seeing no one
the chairman closed the public hearing.
Board commended the petitioner for all its efforts on this project.
Motion made by Jason Dubow, seconded by Richard Seay to approve VA-26-99.
Planning and Zoning Board 7 April 21, 1999
MINUTES
Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
Motion made by Jason Dubow, seconded by Richard Seay to approve SP-27-99.
Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
The chairman noted for the record that staff should consider the feasibility to
harvest the tree earmarked for removal and that the petitioner should be
commended on their diligent use of the site and their preservation of the Oak
Hammock.
12. SP-29-99 — Request by the Tri-Rail Authority for site plan approval of a Tri-Rail
Station at Tigertail Park/ Griffin Rd. and Gulfstream Rd.
Mr. Virta, AICP, Growth Management Director addressed the board explaining
that Tri-Rail Authority is not subject to the complete site plan review process.
They are submitting their plans for review of the proposed landscaping of their
facilities. The plans fully comply with a couple of minor exceptions regarding
parking spaces being broken by landscape islands. Mr. Virta recommends
approval provided that the three areas where landscape islands are warranted
are addressed.
The clerk swore in Joe Holland, Project Manager for Tri-Rail. Mr. Holland stated
that the architect has addressed Mr. Virta's concerns and has complied with the
City's Landscape Code.
The clerk swore in Jim Feucht of Robert Walters Architects, spoke on behalf of
the petitioner describing the landscaping. The board suggested using Medjools
instead of Washintonia Palms. Discussion regarding trees and which ones to
use. Board suggested that the petitioner get a cost comparative using the Royal
Palms instead of Washintonia Palms. Attorney Ansbro asked Mr. Virta to get the
petitioner in touch with Mike Smith, City Manager so that they can get availability
and discount on the trees. Discussion on the lease agreement with the city.
Petitioner would like to wait until the May 11, 1999 Regular Commission Meeting.
The chairman opened the item for public comment, hearing and seeing no one
the chairman closed the public hearing.
Motion made by Jason Dubow, seconded by Pat Santeramo to approve SP-29-99
subject to the notations by staff regarding the choice of trees. Motion passed on
the following roll call:
Planning and Zoning Board 8 April 21, 1999
MINUTES
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
6. Administrative Ordinance — Zoning Text Amendment regarding procedure for
Special Exception Requests.
Attorney Ansbro addressed the board explaining the Text Amendment for Special
Exception Requests. Board questioned Attorney Ansbro on whether or not this is
similar to other cities. Attorney Ansbro explained case law on zoning and special
exception. Board discussed cost recovery issues and burden of fees.
Motion made by Richard Seay, seconded by Pat Santeramo to approve Zoning
Text Amendment. Motion passed on the following roll call:
Richard Seay - yes Jason Dubow - yes
Victor Lohmann - yes Pat Santeramo - yes
The Board discussed various building liens and code enforcement issues in the
city. Further discussion in regards to traffic signals not working properly.
Adjournment
Planning and Zoning Board 9 April 21, 1999
MINUTES