HomeMy WebLinkAbout1999-05-19 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD
WEDNESDAY
MAY 19, 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
Absent :
Jason Dubow
Pat Santeramo
Motion passed unanimously to excuse absent board members.
2. Minutes — Approval of minutes from April 21, 1999 Regular Planning and Zoning
Meeting. Motion made by Bob Adams, seconded by Richard Seay to approve minutes
as presented. Motion passed unanimously.
3. Approval of Agenda — Staff requested that items SP-24-99, SP-25-99, VA-33-99, SE-
39-99, VA-49-99, VA-42-99, SA-43-99 be continued. Chairman Lohmann then called
anyone being represented by legal counsel or by a paid consultants to come forward
and be identified. Motion to amend the sequence order as follows: items 4, 6, 7, 9
then the balance in sequential order, and to continue the requested items until the
June 16, 1999 regular meeting. Motion passed unanimously.
NEW BUSINESS
4. LU-29-98 — Request by Calvin, Giordanno and Assoc., representing Wilson Atkinson,
President of Griffin Point, Inc., for a land use change from Residential (L-5) to Office
Park (0). The subject property is located on the south side of SW 45th Street, west of
Ravenswood Rd. (Anglers Avenue), north on Griffin Road and east of SW 23`,
Avenue extended. The site is 8.86 acres in size.
Terry Virta, AICP, Growth Management Director, addressed the board explaining the
background information for this property and the proposed Land Use change. Mr.
Virta explained that the office park land use would be more compatible with the
surrounding area. Mr. Virta stated that the proposal would be a tax base
enhancement for the city. Concluded his summation by stating that at the time of site
plan approval, proper buffering and traffic circulation will be required that would
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ensure compatible transitions to the adjacent land uses. Mr. Virta recommends
approval of the requested land use change from Low (5) Residential to Office Park.
The chairman asked all persons wishing to be heard tonight to stand, and to be
sworn in by the clerk collectively.
Shelly Ickner from Calvin Giordano and Associates addressed the board stating
reasons why this project is compatible with the surrounding area. Stated some
changes that were made to the site plan to construct 3 and 4 story buildings with a
total of 140,000 square feet. One 4 story building consisting of 80,000 square feet
and one 3 story building with 60,000 square feet. Board asked Ms. Ickner if the
courtyard is for future development. Ms. Ickner explained that the courtyard is to
preserve some of the oak trees on this site and keep it as a courtyard with a water
fountain. Ms. Ickner did not have a current survey. Property is currently unplatted.
Board questioned Mr. Virta regarding right-of-way issues. Mr. Virta explained that
right-of-way issues are not addressed until site plan review. The chairman opened
the item for public comment. Hearing and seeing no one the chairman closed the
public hearing. The board discussed legal issues on having only three board
members present. Attorney Ansbro explained that there would not be a problem.
Motion made by Bob Adams, seconded by Richard Seay to approve LU-29-99 with
the conditions that the courtyard stays where it is in proximity to the building and that
a note be placed on the plat to restrict it to 140,000 square feet of office use. Motion
passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay yes
6. RZ-28-99 - Request by Cliff Berry, Inc., to rezone property located immediately to
the north of 999 Eller Drive from it's current zoning designation of M-3 (Industrial) to
P.E.D.D. (Port Everglades Development District). Mr. Berry would like to allow for
relocation of an existing oil processing complex at Port Everglades (Hollywood) to a
new location within the Port.
SP-55-98 — Site Plan request by Cliff Berry, Inc., for property located immediately to
the north of 999 Eller Drive for the relocation of an existing oil processing complex at
Port Everglades to a new location within the Port.
Terry Virta, AICP, Growth Management Director, addressed the board describing the
proposed requests and prior issues regarding this matter. Mr. Virta is in favor of the
rezoning and the site plan meets the minimum requirements of the city code. Mr.
Virta recommends approval. Board discussed the M-3 and the P.E.D.D different
uses.
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Emerson Allsworth, attorney for the petitioner, addressed the board giving
background information for the property and it's permitted uses. The chairman
opened the item for public comment. Hearing and seeing no one the chairman
closed the public hearing. Attorney Ansbro expressed his concern on the clarity of
the permitted use since oil recovery is not specifically listed, but does not anticipate a
problem.
Motion made by Richard Seay, seconded by Bob Adams to approve RZ-28-99.
Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
Chairman Lohmann questioned Mr. Virta on whether or not the Fire Marshall has
reviewed the site plan. Mr. Virta explained that the Fire Marshall is included in the
staff review process. The board would like the Fire Marshall's comments prior to the
Commission meeting.
Motion made by Richard Seay, seconded by Bob Adams to approve SP-55-98
subject to the Fire Marshall's comments. Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
7. VA-30-99 — Variance request by Marvin Bennett for property located at 4201
Ravenswood Rd. , Dania Beach, Florida. Mr. Bennett is requesting a variance from
the City of Dania Beach Code of Ordinances Chapter 28, Zoning, Article 6.21. Off-
Street Parking, (13) which calls for 1 parking space per each 200 gross square feet
of building area. Mr. Bennett wishes to renovate the existing 1,612.50 foot building
and convert it into a convenience store, with the installation of 6 parking spaces
instead of 8 spaces required by this code.
SP-31-99 — Site Plan request by Marvin Bennett for property located at 4201
Ravenswood Rd., Dania Beach, Florida. Mr. Bennett is proposing to renovate the
existing 1,612.50 foot building and convert it into a convenience store
Terry Virta, AICP, Growth Management Director, addressed the board describing the
proposed variance. Mr. Virta recommends that the variance be granted and if so
then also recommends approval of the site plan subject to the comments staff has
made in his report. Board questioned the location and access to the dumpster.
Marvin Bennett spoke on behalf of himself showing his support for this project.
Board discussed with Ralph Tier and Mr. Virta on the type of system that will be used
septic or sewer. The chairman opened the item for public comment. Hearing and
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seeing no one the chairman closed the public hearing. The petitioner has no
objection to the recommendations made by staff.
Motion made by Bob Adams, seconded by Richard Seay to approve VA-30-99
subject to the petitioner meeting all six conditions made by staff. Motion passed on
the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
Motion made by Bob Adams, seconded by Richard Seay to approve SP-31-99 with
the condition that all the variance items are met. Motion passed on the following roll
call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
9. SE-35-99 — Special Exception request by Ronald G. Fontes & Stacy L. Fontes
owners of American Cranes, Inc., for property located at 720 SW 0 Ct.. Mr. & Mrs.
Fontes are requesting the continued use of the property for assembly and light
fabrication of materials in an I-R (Restricted Industrial) zoning district as a special
exception use.
VA-36-99 — Variance request by Ronald G. Fontes & Stacy L. Fontes owners of
American Cranes, Inc., for property located at 720 SW 4th Ct.. Mr. & Mrs. Fontes
are requesting variances from the following City of Dania Beach Code of Ordinances:
Chapter 28, Zoning, Article 4, Schedule of Lot, Yard and Bulk Regulations which
would provide relief from the 30' front yard setback requirement by allowing him to
utilize a 1' front yard setback; Chapter 26 Vegetation, Article IV, Landscaping,
Section 26-50(a) which would provide relief from the required 10' landscape buffer,
and allow the proposed placement of landscaping in mitigation on the East FEC
right of way easement. Section 26-50(b)(1) which would provide relief from
installing a 6' masonry wall, and allow an 8' masonry wall in its place.
SP-37-99 — Site Plan request by Ronald G. Fontes & Stacy L. Fontes, owners of
American Cranes, Inc., for property located at 720 SW 411' Ct., in conjunction with the
proposed construction of a 736 sq. ft. warehouse area and a 4,750 sq. ft.
assemblage area.
Terry Virta, AICP, Growth Management Director, addressed the board describing the
proposed three variances that the petitioner is requesting. Mr. Virta supports the
requests for variance. Concluding his summation by stating that he recommends the
site plan also be approved provided that the identified landscape concerns and the
Fire Marshall's comments are addressed.
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William Tucker, Attorney for Mr. Ronald Fontes, addressed the board giving
background information and described to proposed expansion. Mr. Tucker then
described the reasons why the petitioner needs to variances that he is requesting.
Randy Keller, Architect for the petitioner, addressed the board in regards to their
concerns on the site plan regarding buffers and the solid masonry wall.
Kim Zimmerman, Landscape Architect for the petitioner, addressed the board
described the specific details for the proposed landscape they would like to use in
lieu of the masonry wall. Suggesting to change Arecas to small species trees.
Discussed with the board different plant suggestions and maintenance of these
plants. Ronald Fontes and Mr. Keller spoke as to plants along east side of railroad
tracks.
Mr. Virta addressed the board describing the Utilities Director comments on the
drainage being located over the sewage line. Mr. Keller stated they can easily move
the location of the sewage line. Ronald Fontes addressed the board in regards to
the buffering issue. Further discussion regarding this issue. Discussion regarding
monetary contribution to the City's Tree Fund in lieu of landscaping east of the
tracks.
The chairman opened the item for public comment. Cleo Taylor spoke in favor of this
project. Robert Chunn employee and neighbor spoke in favor of this project.
Hearing and seeing no one further, the chairman closed the public hearing.
Board discussed their support for this project and the beneficial things that Mr.
Fontes has brought to the neighborhood.
Motion made by Bob Adams, seconded by Richard Seay to approve SE-35-99.
Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
Motion made by Bob Adams, seconded by _Richard Seay to approve VA-36-99.
Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
Motion made by Richard Seay, seconded by Bob Adams to approve SP-37-99 with
the following conditions: 1) the landscape issue is to be resolved prior to commission
meeting, 2) a monetary contribution in lieu of landscaping on the east side of the
railroad tracks, 3) no barb wire is to be installed on the masonry wall, 4) the Fire
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Marshall's comments must be addressed, 5) the approval of the landscaping from the
property owners located to the west, 6) drainage problem must be resolved. Motion
passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
5. TX-22-99 — Text Amendment request by Mr. Alex Medina, 236 North Federal Hwy.,
Dania Beach. Mr. Media would like to propose a text amendment to the City of
Dania Beach Code of Ordinances, Chapter 28, Zoning, Section 4.20 Schedule of
Use Regulations that would allow multifamily uses within the C-2 and C-3 zoning
districts, within the Downtown Redevelopment District, as a special exception use.
Terry Virta, AICP, Growth Management Director addressed the board describing the
reasons why the petitioner is in need of the proposed text change.
Attorney Ansbro addressed the board describing mixed use property. Reviewing
excerpts from the Comprehensive Land Use Plan, which specially addressed the
mixed use concept. Discussion on whether or not people are currently living in this
area. Board discussed first floor use of a mixed use area.
The chairman opened the item for public comment. Alex Medina son of the petitioner
spoke in support of the text amendment. Rochelle Rice spoke with concerns
regarding types of apartments. Board discussion on meeting fire standards for this
building. Discussed procedures on certificate of occupancy and special exceptions.
Board member Adams expressed his concern for spot zoning and does not support
this item. Board member Seay expressed his support for this item to encourage
development. Chairman Lohmann agreed. Hearing and seeing no one further the
chairman closed the public hearing.
Motion made by Richard Seay, upon passing the gavel, item seconded by Victor
Lohmann to approve TX-22-99. Motion passed on the following roll call:
Bob Adams - no Victor Lohmann - yes
Richard Seay - yes
8. VC-32-99 - Request by Richard Schwartz, representing Sheridan East Partners, Ltd.
to vacate a 60 foot road right of way easement located on the Northeast corner of the
property located at SE 5th Avenue and Sheridan Street also known as Parcel `A', of
the US Lend Lease Plat #3, Book 113 / Page 14, comprised of 4.32 acres more or
less, folio number 5142-02-03-0010. The proposed right of way is legally described
as - The north 60 feet, less the West 35 feet thereof, of the West '/ of the SW % of
the SW % of the SW % of Section 2, Township 51 South Range 42 East, in Broward
County Florida.
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Terry Virta, AICP, Growth Management Director addressed the board stating that this is
a request to vacate a right-of-way which has never been officially opened. It is there
legally but not physically. The applicant will maintain a 60 feet vehicular access
easement across this property. The applicant has supplied letters of no objection from
all the relevant utilities. Mr. Virta concluded his summation by stating that he
recommends that the requested vacation be granted. Board questioned Mr. Virta on the
proposed use of this property. Mr. Virta replied by stating that their primary interest is in
selling it, the property is zoned is commercial but has heard talk about possibly using the
rear portion as residential.
Carl Maynard, partner of Richard Schwartz the petitioner, addressed the board
explaining that at this time they are exploring uses for the land. It will most likely be
retail and that the 60 feet would partially be covered with building with the proper set
back requirements. Board asked Mr. Maynard what the current use of the property to
the east. Mr. Maynard stated that FPL is the property owner. Chairman Lohmann
stated that it is the Archdioceses property and has concerns regarding the best interest
of the property owner. After review by the clerk, the property is owned by FPL.
Chairman Lohmann then withdrew his objection for this item. The chairman opened the
item for public comment. Hearing and seeing no one the chairman closed the public
hearing.
Motion made by Richard Seay, seconded by Bob Adams to approve VC-32-99. Motion
passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
10. SP-38-99 — Site plan request by Michael Morrison, Morrison Builders, Inc., for
property located at 2765 SW 361h Street (Collins Rd.), Dania Beach FL, for the
renovation/construction of an existing residential structure into an office building.
Terry Virta, AICP, Growth Management Director addressed the board describing the
zoning as M-1 Industrial. The petitioner builds fences and decks and the property
will be used as the company's office. The proposed use is consistent with the
current zoning and the site plan provides for pervious area in excess of 50%. Mr.
Virta recommends approval of the site plan subject to the 7 items listed in his staff
report are met.
Michael Morrison, the petitioner addressed the board asking for a copy of the 7 items
for concern by staff. Mr. Morrison described his type of business as only being an
office for his secretary and salesmen to work, it would not be a public facility. He
feels that for this type of business that there are some unnecessary items listed on
the staff report. Mr. Morrison will meet with Mr. Virta to discuss these items.
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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 SP-38-99 with
the conditions made by staff. Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
11. SP-44-99 - Request by Michael Mogerman, representative for Festival Fun Parks,
Inc. for site plan revisions in conjunction with proposed water theme park, paint ball
field dirt track and future proposed rides. Property is located at 1500-1700 NW 1st St.
on approximately 9.13 acres of land.
Terry Virta, AICP, Growth Management Director addressed the board describing the
proposed dirt track. Mr. Virta did not have comment due to lack of detail in the
submittal.
Michael Mogerman addressed the board describing the location of track and
proposed parking and landscaping. Board discussion on billboard signs. Attorney
Ansbro explained the negotiations between the billboard company and the city are in
progress.
Motion made by Bob Adams, seconded by Richard Seay to approve SP-44-99.
Motion passed on the following roll call:
Bob Adams - yes Victor Lohmann - yes
Richard Seay - yes
Board Discussion
Chairman Lohmann requested that staff research land use change and rezoning
possibilities for the residential properties located along the west side of Ravenswood Rd.
north of Griffin Rd. as well as rezoning of the properties located inside Port Everglades to
the P.E.D.D. (Port Everglades Development District) zoning district.
Upon further discussion of staffs report on Code Enforcement action for 303 North Federal
Highway (the old laundry building), a motion was made by Bob Adams, seconded by
Richard Seay to authorize Chairman Lohmann to request that the Code Board Chairman
authorize Tim Ryan, Attorney to begin foreclosure proceedings against aforementioned
property.
Hearing no further discussion, meeting was unanimously adjourned.
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