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HomeMy WebLinkAbout1999-07-21 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD WEDNESDAY July 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 Bob Adams 2. Approval of Agenda — Chairman Lohmann called anyone being represented by counsel or by a paid consultants to come forward. Motion to amend the sequence order made by Bob Adams, seconded by Richard Seay to be heard as follows: items 5,6, & 8 then the balance in sequence. ADMINISTRATIVE BUSINESS 3. Minutes — Approval of minutes of the June 16, 1999 regular meeting. Motion to approve minutes as presented of the June 16, 199 regular meeting made by Bob Adams, seconded by Richard Seay. Motion passed unanimously. OLD BUSINESS 5. VA-42-99 — Variance request by Michael Thomas, representing Donna Krilich / R.K. Companies, Inc. for property located at 151 SW 181h Ave., Dania Beach, FL. The request is for variances from the City of Dania Beach Code of Zoning Ordinances. Terry Virta, AICP, Growth Management Director addressed the board introducing Molly Hughes of Hughes Hall Inc. traffic consultant. Molly Hughes of Hughes Hall Inc. traffic consultant addressed the board on behalf of the City. Gave summation on her parking study and suggested that the city make observations as improvements continue on the site and using vacant land for overflow parking. The chairman asked all persons wishing to be heard tonight to stand, and to be sworn in by the clerk collectively. Mike Craddock, architect for the petitioner addressed the board describing the study made by their traffic consultant. Board questioned Mr. Craddock in regards to reserving vacant land for additional parking. Mr. Craddock replied that an office building currently in development will have additional parking and is not willing to reserve any land for reserve parking. Discussion Planning and Zoning Board 1 July 21, 1999 MINUTES 0 • between Chairman Lohmann and Mr. Craddock regarding the parking issue. Ms. Hughes clarified that this land would not have to be held in permanent reservation. The chairman opened the item for public comment. Richard Wells residing at 100 SW 18th Ave. spoke against this item due to lack of parking at the conference center. Mr. Craddock spoke commenting on the study stating that they are providing adequate parking. Hearing and seeing no one further, the chairman closed the public hearing. Bob Adams suggested a condition to remove vehicles blocking Mr. Wells property. Attorney Ansbro stated that since this a public road that if it is obstructed in any way that the vehicle will be towed by the police. Jason Dubow questioned the petitioner on the ownership of the vacant 3 acres. Michael Thomas, the petitioner addressed the board stating that the 3 acres is owned by a trust in Chicago and that they have no control over that land. Ms. Hughes stated that if the applicant can provide her with the data necessary before the commission meeting there is no reason why she could not support this item. Motion made by Richard Seay, seconded by Bob Adams to approve VA-29-99 with the condition that petitioner provide the parking study prior to the commission meeting. The motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes NEW BUSINESS 6. VA-46-99 — Variance request by Adam Armaganian as representative for Storage Mart Partners, as contract purchasers, from property owners Meditrust Corporation, from the City of Dania Beach's zoning code of ordinances, Chapter 28, Article 6.21 (19) Schedule of Off-Street Parking Requirements for Storage Warehouses. The request is to be allowed a reduction of parking spaces by 100 spaces. SP-47-99 — Site plan request by Variance request by Adam Armaganian as representative for Storage Mart Partners, as contract purchasers, for property owners Meditrust Corporation. Terry Virta, AICP, Growth Management Director addressed the board describing the proposed variance as permission to build 150,000 square feet storage space as well as two bedroom caretakers residence. The building has been designed to meet the City's Commercial Design Guidelines. The applicant seeks to provide for 50 parking spaces when the standard parking rate calls for the provision of 150 spaces. The citys' traffic consultant has reviewed the request for the reduced parking. She concluded that the parking proposed by the applicant should meet his parking needs. Mr. Virta concluded his summation by recommending approval of the variance and site plan requests. Emerson Allsworth attorney for the petitioner addressed the board describing the proposed site plan. Planning and Zoning Board 2 July 21, 1999 MINUTES • 0 The chairman opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Mr. Virta referenced to Handi Storage variances from 1996 and parking calculations used. Chairman Lohmann suggested that the petitioner have an agreement with FDOT to maintain their grass on their property located to the east. Bob Adams would like to see more green space for drainage purposes and as a reserve for parking spaces. Adam Armaganian, the petitioner addressed the board describing the proposed parking lot and stated that he is willing to work with staff on this issue. Mr. Virta stated that the turning radius is sufficient for fire access. Motion made by Bob Adams, seconded by Richard Seay to approve VA-46-99 with the condition of only 30 spaces and a reserve of 20 as green space per Fire Marshal's approval . Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Note: Applicant has indicated that he is willing to work with the city attorney in accessing the FDOT property located to the east of the CSX railroad line in an effort to maintain the grass and the Board commends them for that effort. Motion made by Bob Adams, seconded by Richard Seay to approve SP-47-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 8. SP-60-99 — Site Plan request by Sarantis Boutsikos, owner of Vincents on the water located at 3445 Griffin Rd., Dania Beach for approval of an addition to his existing restaurant. Leigh Kerr, AICP, Planning Consultant for the City of Dania Beach, addressed the board explaining the addition as being 1000 square feet and quoted the code stating that any addition over 500 square feet requires the parking to be upgraded to be consistent with the code. Concluded his summation by stating that the pervious area should be 30 percent and is currently only 15 percent and recommended that the petitioner apply for the needed variances. Graham Geralds, architect for the petitioner addressed the board describing the proposed site plan. Harry Hipler, attorney for the petitioner addressed the board describing the details for the proposed renovations. Board questioned Mr. Geralds regarding the dumpster specification and location. Board discussion on parking requirements and the need for a variance. Attorney Ansbro explained the ordinance in regards to having an existing non conforming vehicular use area. The intent is that when something happens to the property you must bring everything up to the new code. If you are putting on a structural Planning and Zoning Board 3 July 21, 1999 MINUTES • 9 addition which is increasing the total gross floor area by more than 500 square feet then you must increase the parking or apply for variances. Motion made by Bob Adams, seconded by Richard Seay to continue SP-50-99 to the September 15, 1999 Planning and Zoning Board Meeting. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 7. VA-48-99 — Variance request by Robert J. Clabaugh, Area Supervisor, representing Stephen C. Muther, Senior Vice President, Administration, General Counsel and Secretary for Buckeye Pipe Line Company a.k.a. Everglades Pipe Line Company, L.P., owners of property located at 2900 SE 14th Avenue, Dania Beach, FL 33316 for a variance from Chapter 26 Vegetation, Article IV Landscaping, Sections 26-41 through 26-53. The petitioner would like the existing non-conforming vehicular use area landscaping to remain and relief from the required hedging due to Port Everglades Fire Control Clear Zone. The petitioner is providing an upgrade to the existing green areas at the road front offices to meet code requirements. SP-49-99 — Site Plan request by Robert J. Clabaugh, Area Supervisor, representing Stephen C. Muther, Senior Vice President, Administration, General Counsel and Secretary for Buckeye Pipe Line Company a.k.a. Everglades Pipe Line Company, L.P., owners of property located at 2900 SE 14th Avenue, Dania Beach, FL 33316 for approval of an addition of a one story metal building garage. Leigh Kerr, AICP, Planning Consultant for the City of Dania Beach gave a summation to the board of the proposed site plan and variance request. Concluded his summation by recommending approval subject to staff comments. Robert Clabaugh, supervisor for Everglades Pipeline addressed the board stating that they are prepared meet all of staff comments. 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 Jason Dubow to approve VA-48-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Motion made by Bob Adams, seconded by Jason Dubow to approve SP-49-99 with the condition that all of staff comments are met and a fire hydrant is installed and operable prior to the issuance of a C.O. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Planning and Zoning Board 4 July 21, 1999 MINUTES • 10. VC-57-99 - Request by Charles Zidar, Assistant Director of the Graves Museum of Archaeology and Natural History, Dania Beach, to vacate a 15 x 220.02 foot alley right of way easement located on the east side of the Museum Building at 481 South Federal Hwy., Dania Beach, Florida. Leigh Kerr, AICP, Planning Consultant for the City of Dania Beach gave a summation for the board of the proposed vacation of right of way and explained the request by BellSouth to have a recorded 6 feet wide utility easement . Concluding his summation by recommending approval. Robert Kelly, Director of the Graves Museum addressed the board describing the proposed barn style door to be installed in order to bring in dinosaur bones to the museum for display. Motion made by Jason Dubow, seconded by Richard Seay to approve VC-57-99 subject to the easement request as stated in staff comments. Motion passed on the following roll call: Bob Adams - no Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 11. VA-58-99 — Variance request by Joseph Ronga for property located at 244 SW 3rd Terrace, Dania Beach from Chapter 28, Zoning, Article 4. District Regulations, Schedule of Lot, Yard and Bulk Regulations for the RD-6000 zoning district, City of Dania Beach, for the proposed construction of a shed to be located 1 '/z feet from the side and % foot from the rear property lines. Leigh Kerr, AICP, Planning Consultant for the City of Dania Beach, addressed the board describing the proposed shed. Mr. Kerr concluded his summation recommending denial of the variance stating that three sheds are too much for one property. Joseph Ronga, petitioner addressed the board clarifying that he only has two sheds not three as stated by Mr. Kerr. One shed in the rear of the property has been there for 10 years and grandfathered in. The shed in question is a new metal shed that was put on an existing concrete slab. The chairman opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Motion made by Bob Adams to continue VA-58-99. Motion fails for lack of second. Motion made by Richard Seay, seconded by Jason Dubow to approve VA-58-99 with the condition that shrubs are planted along the fence and a tree in front of the proposed shed. Motion passed on the following roll call: Bob Adams - no Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 12. VA-60-99 - Variance request by the City of Dania Beach, owner of property located at the southwest corner of SW 45th Street and SW 30th Avenue from the following zoning codes: Planning and Zoning Board 5 July 21, 1999 MINUTES • • Chapter 26, Vegetation; Article IV, Landscaping; Sec. 26-50. Landscape requirements for areas separating business, commercial and industrial property from residential property. The City would like to eliminate the required buffer zone to the adjacent properties on the West and East property off SW 45th St. along required access to Fire Rescue Station No. 93. Chapter 28, Zoning; Article 28, Signs; Sec. 28.090. Restrictions in areas zoned for one- and two-family residences. The City would like to install a sign on the building large enough to adequately identify structure as a Fire/Rescue Station and install a Standard Monument sign, 4' off the ground, to adequately identify Fire Rescue Station No. 93, with ground illumination. Chapter 28, Zoning; Article 5, Supplementary Lot Regulations; Section 5.36. Walls, fences and hedges. Which restricts the height of fences to 6 feet in height between the side or rear building line and the side or rear lot line of a parcel. The City would like to install an eight (8) foot high fence along the western property line, as opposed to a six (6) foot high fence as required in conjunction with buffering requirements from residential areas as referenced in Sec. 26-50 of the Landscape code. Chapter 22, Streets and Sidewalks; Division 1; Sec. 22-27. Construction of sidewalks when building constructed or substantially improved. The City would like to eliminate the requirement for sidewalk from the northwest property line to the residential property line along SW 45th Street, and will provide a sidewalk from SW 30th Avenue along SW 45th Street to the residential property to the East property line of the residences on SW 45th Street. SP-61-99 — Site plan request by the City of Dania Beach for the construction of a Municipal Fire Station. Terry Virta, AICP, Growth Management Director, addressed the board describing the proposed three variances needed to build a new fire station for the City of Dania Beach. Mr. Virta gave a brief description of the site plan then introduced Robert McDonald the architect for the proposed fire station. Bob McDonald, architect for the City of Dania Beach, addressed the board stating that no oak trees on this site that will be destroyed. The fire station will be located in the clearing to minimize the removal of existing growth. The entrance will be located on 45'h street and there will be a signal at this location for emergency use only. This facility will also be an EMS Service Facility. Described the proposed park for use by the neighborhood. Board questioned Mr. McDonald on the city boundary line. Battalion Chief Cassano with the City of Dania Beach Fire Department addressed the board stating that the area this station will service is south and east of the location. Discussion on turning radius needed for this location. Mr. McDonald stated the need for the higher wall is to block out noise of the vehicles. He further stated that he originally suggested that a heg and fencing material to be used but the ordinance states that you must have a solid fence. The chairman opened the item for public comment. Planning and Zoning Board 6 July 21, 1999 MINUTES David Weisman, attorney for Susan Corbel, owner of the house surrounded by the proposed fire station addressed the board stating that the City mistakenly included her property on the public notice as part of the project and that Ms. Corbel a single mother of two was not notified of the this public hearing. Mr. Weisman further stated that this is an inappropriate place for a fire station and that the vehicles will be driving within feet past Ms. Corbel windows all hours of the night. Mr. Weesman asked the board at the least to continue this item until this site plan can be rearranged to protect the Corbel family or at the most deny the site plan and variances. Susan Corbel, owner of the house surrounded by the proposed fire station addressed the board speaking against the eight foot wall surrounding her property and the fire engines driving within 6 feet of her 80 year old mother and children's windows. Further stated that there will be a sidewalk across her property going nowhere. Ms. Corbel does not want the fire station near her property, but will accept it if she has to. Ms. Corbel asked the board to continue this item until a better plan can be submitted and if it does get approved and she has to live in a concrete box other people in this county will know about it. Bill Dickerson residents spoke against the proposed fire station due to eight foot concrete P 9 P P 9 wall. Jerry Etter, resident spoke against the project. Harry Coriel, resident spoke against the project. Chris Johnson resident spoke against the project stating that he was under the understanding that this land is suppose to be a buffer zone for traffic and airport noise. Further stated that the property values will go down. Unidentified man spoke against this project. Gunter Diel property owner located across the street from the project spoke against this item. Harry Hill property new property owner to the east on SW 45th St. and SW 30th Way spoke against this item. Carolyn Seebright resident spoke against this item. Cindy Harris resident spoke against this project due to non- beautification of the area. Chris Johnson addressed the board again stating that there are no solutions to this problem accept for not doing the project at all. Hearing and seeing no one further the chairman closed the public hearing. Chairman Lohmann thanked the public for their comments. Robert McDonald explained for the board the reason why it is necessary to have a one story fire station vs. a two story structure. Mr. Virta stated that 30th Ave. is a county road that the county desires the city to take over. The county regulations would apply in regards to median crossing and setbacks from intersections. Mr. McDonald stated that he has met with the county and they will not allow them to cut the median. Discussion by the board on different options for entering and exiting the property and on cutting the median. Mr. Virta stated that this property is zoned R1 C which is a single family residential zoning the county zoning code allows for uses such as fire stations in this zoning. Board member Adams stated that he does not support the eight foot wall and the station can not service the east past the railroad tracks. Suggested using a hedge instead of a wall and move the station south away from Ms. Corbels home. Mr. McDonald stated that it is possible to move the station south if they relocate some trees. Chief Cassano stated that 60 to 70 percent of there fire rescue calls are residential and that is why fire stations are located in residential neighborhoods. There was a meeting the middle of last week with the residents and the fire department. Chairman Lohmann stated that the city needs to go the extra mile with the attempt to have some constructive dialog with the immediate community and explain the process and proposal and to move Planning and Zoning Board 7 July 21, 1999 MINUTES the project forward tonight would be premature. Mr. Virta stated that he could accommodate Mr. Lohmanns' request for meetings with the community, the architect and staff. Board member Dubow stated that he is amazed at the lack of regard that the city has showed for the residents and feels that if it was anyone other than the City of Dania Beach petitioning that the city vs. county zoning would be a bigger issue. Mr. Dubow stated that he will not support any of the variances for this project. Board member Sea also stated that he feels that this is an inappropriate use for this property Y P P Y and that the city should use it as a passive park and preserve it that way. Upon passing the gavel, Motion made by Victor Lohmann, seconded by Bob Adams to continue to date undetermined. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Board member Dubow would like to note for the record that he would like to now what the county requirements for this site plan would be and whether it complies with those requirements. Chris Johnson wanted to state for the record that eight years ago their was an archeologist team in the woods studying to see if this land was an Indian burial ground. 13. PL-62-99 — Request for preliminary plat approval by Elizabeth Pulice, Pulice Land Surveyors representing Mark E. Sheldon, Regal Ventures, Fla. Corp., in conjunction with the proposed development of a Publix Shopping Center on property located at the southwest corner of SE 5th Avenue and Dania Beach Blvd., Dania Beach, Florida. Terry Virta, AICP, Growth Management Director addressed the board explaining that this is a preliminary plat with the intended use of constructing a Publix Store and other commercial buildings. The Utilities Director has requested that the plat include two easements for the benefit of the city. He has requested that the plat provide for a twenty five foot easement along the southern and western boundaries of the property. Those were the only two specific comments made pertaining to this plat. Mr. Palm, Utilities Director and the petitioner have reached an agreement for 15 foot easements exclusive for water, sewage and drainage only. The petitioner has agreed to make these changes prior to the August 24, 1999 City Commission meeting. Elizabeth Pulice addressed the board stating that the other utility companies will have they own easements. The 15 foot easements would be exclusive to the city. Chairman Lohmann opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Motion made by Jason Dubow, seconded by Richard Seay to approve PL-62-99. Motion passed on the following roll call: Bob Adams - stepped out Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes 4. Administrative—Creation of code requirements for"Pervious and Impervious Areas" Planning and Zoning Board 8 July 21, 1999 MINUTES Mr. Virta, AICP, Growth Management Director explained that this ordinance is prepared as a result of a direction from the city commission. It would adopt for the city the pervious/impervious surface ratios that the County currently has in its regulations. The city does not have specific ratios and by default by building to the maximum amount providing the minimum landscaping and the minimum drainage facilities it works out to be 80/20. This regulation would result in a little more greenspace. Discussion on the definition of pervious and impervious. Motion made Richard Seay, seconded by Jason Dubow to approve with the possible incorporation of definitions of pervious and impervious to be researched by Attorney Ansbro. Motion passed on the following roll call: Bob Adams - stepped out Victor Lohmann - yes Richard Seay - yes Jason Dubow - yes Jason Dubow stated for the record that he is impressed with corner of Dania Beach Blvd. and US1 with the renovations made by the Pirates Inn. Mr. Dubow would like to know why the Dania Jai Alai sign is still on top of that structure. Attorney Ansbro stated that the sign has a FDOT permit and considered a billboard and federally protected. 9. This item has been withdrawn by C.C.L. consultants, Representatives for the petitioners. LUF-53-99— Flex Allocation — PL-54-99—Plat VA-55-99—Variance SP-56-99—Site Plan 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 North and east of the NE corner of Griffin Rd. and Anglers (Ravenswood Rd.). Pilot Corporation would like to propose construction of a use entitled "Pilot Travel Center" which would consist of a convenient store, retail fuel, and fast food restaurant (Wendy's), on the above referenced property. 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) 921-8700 EXT.203,AT LEAST 72 HOURS PRIOR TO MEETING. Planning and Zoning Board 9 July 21, 1999 MINUTES