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HomeMy WebLinkAbout1999-11-17 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD Wednesday, November 17, 1999 7:30 P.M. 1. Roll Call Present: Staff: Jason Dubow Terry Virta, AICP—Growth Management Director Dr. Paul Fetscher Thomas Ansbro—City Attorney Victor Lohmann Board Clerk—Lou Ann Cunningham Richard Seay Excused Absence - Bob Adams 2. Approval of Agenda - Chairman Lohmann called anyone being represented by legal counsel or by paid consultants to come forward. Motion made by Jason Dubow, seconded by Richard Seay to reorder Agenda as follows: items 11, 5, 7, 8, 9, then the balance in sequential order with the item 6 being continued. Motion passed unanimously. ADMINISTRATIVE BUSINESS 3. Minutes—Motion to approve the minutes of the October 20, 1999 regular meeting made by Richard Seay seconded by Jason Dubow. Motion passed unanimously. 11. VC-89-99— Request by the City of Dania Beach to vacate 1,650 sq. ft. of alley easement located at the rear of 333 South Federal Hwy., Dania Beach. Leigh Kerr, AICP, Planning Consultant for the City of Dania Beach described for the board the proposed vacation. The utility companies have no objection and the Fire Marshall would like to maintain access if the vacation is approved. The chairman asked all persons wishing to be heard tonight to stand, and to be sworn in by the clerk collectively. Richard Gereci representing the residents on SE 4t' St. spoke against the proposed vacation due to safety reasons. Ruth Hutchings resident spoke against the vacation. Vincent Rubino spoke against the vacation. Ed Stacker, Attorney spoke on behalf Flo-Mar Dry Cleaners. Opposed the vacation stating that the alley is a dedicated 15 foot alley on the recorded plat. Mr. Stacker spoke to the safety hazards. Vito Mancino addressed the board with his concerns and feels that this matter needs to be looked into further. Planning and Zoning Board 1 November 17, 1999 MINUTES • • Patricia Hart, resident would like the alley stay open for the elderly drivers to drive safely to and from the gas station. Dennis Booth, resident spoke against the vacation due to safety reasons. Tony Stevens, resident can not understand all the commotion over this matter. Jenny Versaci, resident stated that this alley is very dangerous due to speeding cars. Jonathan, child resident spoke about the traffic that his little brother has to walk through to get to school. Hearing and seeing no one further the chairman closed the public hearing. Board discussion on closing the street with a landscape area. Chairman Lohmann expressed his concerns on future litigation. Attorney Ansbro stated that he is not concerned with any litigation. The issue is when you decide to vacate an alley is there any other public purpose to continue this usage. Richard Seay expressed his approval for the vacation. Jason Dubow stated that due to the safety issues that closing the alley would be better and make it satisfactory to the Fire Marshall's concerns. Motion made by Richard Seay to approval VC-89-99. Motion fails for lack of second. Motion made by Jason Dubow, seconded by Paul Fetscher denying VC-89-99 recommending that the alleyway be maintained, but only for emergency use in a manner satisfactory to the Fire Marshall. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Dr. Paul Fetscher - yes Richard Seay - no 5. Ordinance adopting revisions to the City of Dania Zoning Map. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 28, ZONING, PROVIDING FOR THE AMENDMENT OF SECTION 3.10 TO ADD INDUSTRIAL, OFFICE, RESEARCH AND MARINE (IROM) TO THE LIST OF ESTABLISHED DISTRICTS; PROVIDING FOR THE AMENDMENT OF SECTION 3.20 BY REPEALING THE "AMENDED ZONING MAP OF THE CITY OF DANIA, FLORIDA"; FURTHER PROVIDING FOR THE AMENDMENT OF SECTION 3.20 BY THE ADOPTION OF A ZONING MAP ENTITLED "ZONING MAP, CITY OF DANIA BEACH, FLORIDA"; PROVIDING A SEVERANCE CLAUSE AND PROVIDING AN EFFECTIVE DATE THEREFOR. Terry Virta, AICP, Growth Management Director addressed the board giving a summation of the history of the Zoning Map. Mr. Virta gave examples of reasons and why some areas need rezoning. Mr. Virta concluded his summation by stating that to comply with the State Planning law, our land development regulations must be in conformance with our Comprehensive Plan and the proposed rezoning map would achieve that conformance. Mr. Virta clarified the uses permitted under IROM zoning. Chairman Lohmann questioned how changes are saved and how the only copy is safeguarded. Mr. Virta stated that at adoption a copy will be made a permanent part of the file and in the future what will be maintained and brought forth will be a digital computerized map. The chairman opened the item for public comment. Planning and Zoning Board 2 November 17, 1999 MINUTES Steve Cissel, Real Estate Manager for Uniweld Products Incorporated located at 2850 Ravenswood Road. Mr. Cissel requested a reclassification to I-G instead of IROM, which is more with keeping with their current activities and future planning. Wilson Atkinson, Attorney representing Griffin Pointe. Mr. Atkinson requested that the city rezone the Griffin Pointe property from RS-6000 to C-1 so that to zoning will be in agreement of the pending land use change. Mr. Virta stated that once the land use change is approved to commercial, that he would recommend the rezoning to C-1 for that parcel. Rod Finer, Attorney with Brader and Coker representing Magic Limited Partnership. The current zoning is M-1 or M-2 and the proposed rezoning change is IRO. Mr. Finer stated that the property owner currently has a pending contact to sell the property and has not had a chance to meet with staff to see what the permitted uses are under the new zoning. Dave Reich on 42"d St. in the IROM zoning that has an area requirement of 2 acres. In that area there are a lot of parcels that do not meet that requirement and he wants to know how that is going to affect his property. Mr. Virta stated that the Commission wanted a 2 acre minimum requirement. Mr. Virta further stated that a variance would have to be applied for if the requirement is not met. Discussion on the fees involved in applying for a variance. Hearing and seeing no one further, the chairman closed the public hearing. Mr. Virta addressed some concerns of the Board. The Board suggested advertising the proposed rezoning on the water bill. Mr. Virta stated that if it is possible that he would suggest it to the water department. Motion made by Jason Dubow, seconded by Richard Seay to continue item 5 revisions to the City of Dania Beach Zoning Map. Motion passed unanimously. NEW BUSINESS 7. SP-65-99 — Request for site plan approval by Kevin Dillon of Tanger Properties Limited Partnership, for the Tanger Retail Center/ Outdoor World. Proposed 130,000 +/- sq. ft of retail center located south and west of 200 Gulfstream Way, Dania Beach. Leigh Kerr, AICP, Planning Consultant addressed the board describing the proposed site plan. Mr. Kerr stated that the applicant has addressed most the concerns listed in the staff report still needing to address items 1, 2, 3, and part of 6. Item 10 needs to be met prior to building permit and clarification of quantity of landscape material. The landscaping needs to be upgraded to 40 percent of which has to have 14 ft. trees. The applicant still needs to submit signage package. Mr. Kerr concluded his summation recommending approval subject to addressing the outstanding issues and concerns that staff has. Mr. Kerr further stated that Hughes Hall, traffic consultants has been asked review and issue a traffic report prior to this item going to city commission for final review. Planning and Zoning Board 3 November 17, 1999 MINUTES Chairman Lohmann spoke in regards to ingress and egress changes in regards to the Tigertail access. Barbara Hall, Attorney representing Tanger spoke stating that the Tigertail access is not intended for general public access. The access would be used in emergencies and for truck deliveries. Board questioned on how they would be able to segregate without a gate or security guard. Ms. Hall stated that the entrance is not obvious or well defined and would not direct people to that entrance and is willing to work with Hughes Hall. Ms. Hall concluded by describing the proposed project. Kevin Dillon, representing Tanger Properties Limited addressed the board giving a brief description of the type of stores proposed for occupancy. Chad Bodker, Architect for the applicant, described for the board the proposed site plan elevations stating that they would like to compliment the Bass Pro Shop building. Hearing and seeing no one further the chairman closed the public hearing. Mr. Kerr stated that the Fire Marshall and the Utilities Director both reviewed the site plan and they had no recommendations or comments. Ms. Hall stated that the northern part of the property has more than one property owner and that there is an access easement to all the property owners within the private portion of Sportsman Park that allows IGFA, the Bass Pro parcel and the Tanger parcel to have access over that existing access road. Ms. Hall reviewed all the parties and who has control over them. Dave Decou, Director of Development for Bass Pro, addressed the board explaining that the parcel north of IGFA is owned by Bass Pro and that IGFA has requested that they expand there property to include that parcel. They would like to build a weather shelter for children that are on day trips to the facility. Attorney Ansbro spoke stating that this is one of the parcels we are all trying to dress up to help everyone involved and spoke with FDOT about this piece as well as the piece north of it. We are trying to improve the 1-95 Griffin Rd. corridor and the city has spent a lot of money on planting and irrigation and that piece is an eyesore. Mr. Decou stated that the parcel is owned by Bass Pro and they plan to donate that land to IGFA. He assured the Board that it is their goal to dress it up with landscaping. Dr. Fetscher stated that he would like more than just a promise to fix up this area. Attorney Ansbro stated that the city would like a commitment prior to the donation of the land due to the financial benefit Bass Pro has over IGFA. Board suggested mowing the grass and due some landscaping. Mr. Decou agreed to do so prior to the donation of the land. Chairman Lohmann was given by Attorney Ansbro documentation as to the original traffic study report. He asked that staff send back a memo to Molly Hughes asking her to review the consent agreement that is referred to in that traffic report concerning the access issue on the southern end of the property. Motion made by Richard Seay, seconded by Jason Dubow to approve SP-65-99 subject to recommendations made by staff. Motion passed on the following roll call: Planning and Zoning Board 4 November 17, 1999 MINUTES • • Jason Dubow - yes Victor Lohmann - yes Dr. Paul Fetscher - yes Richard Seay - yes 8. LUF-78-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing Trafalgar Associates, Inc., as petitioner for a small scale land use amendment for a 2.0751 acre parcel located at approximately 600 East Sheridan Street from Commercial to Residential Medium High 25, utilizing 48 flexibility units from Flex Zone 84. The petitioner is proposing to construct two (2) multifamily buildings, 3-stories each for a total of 48 units at the site. RZ-79-99 - Request by Shelly Eichner of Calvin Giordano and Associates, representing Trafalgar Associates, Inc., as petitioner for rezoning request for a 2.0751 acre parcel located at approximately 600 East Sheridan Street from C-2 to RM-2. The petitioner is proposing to construct two (2) multifamily buildings, 3-stories each for a total of 48 units at the site. Property located at approximately 600 East Sheridan Street, Dania Beach. Leigh Kerr, AICP, Planning Consultant stated that this is an expansion of the Sheridan Ocean Club. The present land use is commercial under the Comprehensive Plan. The request is to have 25 units per acre which results in 53 units requesting a local land use plan amendment, which would mean using flexibility units. We would assign them to this site and then they would be re-certified by the Broward County Planning Council. The applicant has submitted an analysis of facilities and services. They have indicated that the impacts can be addressed by the water and sewer standards that we already have. There is some additional impact on the schools system with a total of 7 new students. The elementary and high school are currently under capacity. The middle school is over capacity and the impact would be 2 new students with no expansion expected for Olsen Middle School. Mr. Kerr concluded his summation by supporting the land use plan amendment. Board member Fetscher questioned the number of students for the amount of units. Mr. Kerr stated that the School Board is the one conducts the studies and has documentation to support it. Chairman Lohmann questioned staff on whether the petitioner sought county approval of a land use change. Mr. Kerr answered by stating that if it is favorably reviewed by the city then it gets submitted to the county as a re-certification of our local plan and the petitioner has not sought approval through the county first. Shelly Eichner of Calvin Giordano and Associates representing the petitioner. Ms. Eichner stated that due to the project being 1 and 2 bedroom apartments that the number of school age children is less then if they were 3 bedroom apartments. Rent would range from $500 — $800 per month. Concluded her summation by asking the Board for approval and to send them on the Commission. Hearing and seeing no one further, the chairman closed the public hearing. Jason Dubow and Richard Seay spoke in favor of this project. Planning and Zoning Board 5 November 17, 1999 MINUTES 0 • Chairman Lohmann stated for the record that he is against using flex units due to future projects that are good projects but were unable to achieve their objective through the normal channels at the County, then we need to have those units available at that time. Other avenues need to be exhausted first before using flex units. Motion made by Richard Seay, seconded by Jason Dubow to approve LUF-78-99. Motion failed on the following roll call: Jason Dubow - yes Victor Lohmann - no Dr. Paul Fetscher - no Richard Seay - yes Chairman Lohmann opened the rezoning item for public comment. Hearing and seeing no one the chairman closed the public hearing. Motion made by Richard Seay, seconded by Jason Dubow to approve RZ-79-99. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Dr. Paul Fetscher - no Richard Seay - yes 9. SP-80-99 — Site plan request by Albert F. Webber IIII, P.E. representing Michael Simmons, President of Port Petroleum, Inc., for the construction of a concrete containment area and installation of 12 vertical oil storage tanks with an asphalt access drive. Property located at 3141 SE 14th Ave. — Port Everglades, Dania Beach. Leigh Kerr, AICP, Planning Consultant stated that under the new zoning this site would be PEDD and would not need site plan review with the city. However, since the zoning has not been changed yet they still need site plan review with the city. Mr. Kerr further described for the board the proposed site plan. Concluding his summation recommending approval of the site plan subject to the comments in the staff report. Petitioner still needs to meet with Port Everglades and clear up some of the issues that they have. Al Webber, Engineer for Michael Simmons President of Port Petroleum. Mr. Webber stated that they will comply with any concerns that Chief Gagliardi from Port Everglades has in regards to water lines and fire hydrants. Mr. Webber stated that he has no objections to the conditions made by staff. Chairman Lohmann opened the item for public comments. Hearing and seeing no one, the chairman closed the public hearing. Motion made by Richard Seay, seconded by Paul Fetscher to approve SP-80-99 subject the conditions made by staff. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Dr. Paul Fetscher - yes Richard Seay - yes Planning and Zoning Board 6 November 17, 1999 MINUTES 10. SP-81-99—Site Plan Request Javier Naranjo Robert Spencer of J.N. Realty Development representing J. Javier Naranjo, Property Owner Site Plan Request for Duplex 207 SW 11t' St., Dania Beach. Leigh Kerr, AICP, Planning Consultant addressed the board describing the proposed site plan. Mr. Kerr concluded his summation by recommending approval subject to the concerns in the staff report. Mr. Kerr still has not received revised plans. Discussion by the board on setbacks, property, and building size. Chairman Lohmann stated that this appears to be a low income housing project. Bob Spence, contractor for the petitioner stated that if it is a matter of enlarging it, he would do so and stay within the setbacks. Board suggested building a single family residence instead of a duplex. The chairman opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Board suggested enhancing the landscaping. Motion made by Jason Dubow, seconded by Paul Fetscher to approve SP-81-99 subject to a revised site plan which would feature a duplex built with maximum square footage allowed without a variance, enhanced landscaping and incorporating the comments of staff. Motion passed on the following roll call: Jason Dubow - yes Victor Lohmann - yes Dr. Paul Fetscher - yes Richard Seay - yes OLD BUSINESS —Continued Items... 12. SA-64-99 — Sign Adjustment request by Richard Lowy, owner of"Dania Discount Drugs, Inc.", located at 16-18 South Federal Hwy., Dania Beach. Mr. Lowy is requesting that the existing signage at this site be allowed to remain. Leigh Kerr, AICP, Planning Consultant addressed the board describing the proposed sign adjustment. Mr. Kerr recommends approval of a monument sign subject to compliance with all setback requirements. Approval of the secondary wall sign in the rear of the building with a maximum of 9.4 square feet. Plus the following conditions: 1) removal of all window signs, 2) one "OPEN" sign of the front and rear of the building consistent with code requirements. 3) removal of the copy from the roof sign. Richard Lowy, applicant addressed the board with his concern of visibility and the ability to compete. Board would like the word Dania to be Dania Beach on the signs. Discussion on sign located in the back of the store. 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 Paul Fetscher to approve SA-64-99 subject to staff recommendations. Motion passed on the roll call: Planning and Zoning Board 7 November 17, 1999 MINUTES 0 • Jason Dubow - yes Victor Lohmann - yes Dr. Paul Fetscher - yes Richard Seay - yes 13. VA-76-99 - Variance request by Pascal Richer, 255 S Dixie Hwy. from Chapter 28, Zoning, Article 5.36 Walls, Fences And Hedges. Mr. Richer would like a variance to allow his fence to be at a height of 6 feet on his corner lot. Leigh Kerr, AICP, Planning Consultant addressed the board describing the proposed variance and due the location and pie shape of property, Mr. Kerr recommends approval of the variance. Pascal Richer, applicant addressed the board in support of his variance. Motion made by Jason Dubow, seconded by Richard Seay to approve VA-76-99. Motion passed unanimously. 14. VA-77-99 - Variance request by Roman E. Gzyl, 4611 SW 34 Ave. from Chapter 28, Zoning, Article 4.20, Schedule Of Lot, Yard And Bulk Regulations for relief from 20' of front yard setbacks in conjunction with the placement of a canvas car cover. Motion made by Jason Dubow, seconded by Richard Seay to deny VA-77-99 based on lack of attendance. Motion passed unanimously. 4. Moratorium Ordinance—extending the temporary limited moratorium for an additional 3 months through April 25, 2000. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA IMPOSING A TEMPORARY MORATORIUM ON ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL PROPERTY IN DANIA BEACH LYING WEST OF 1-95 WHICH ENJOY A COMPREHENSIVE PLAN FUTURE LAND USE "INDUSTRIAL" DESIGNATION; PROVIDING THAT THE MORATORIUM SHALL APPLY TO CERTAIN HEAVY INDUSTRIAL, LIGHT INDUSTRIAL, AND COMMERCIAL TYPES OF USES, WHILE LEAVING UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER TYPES OF COMMERCIAL USES AS MORE PARTICULARLY PROVIDED IN THE ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. Terry Virta, ACIP, Growth Management Director addressed the board describing the need for the extension. Mr. Virta stated that once the zoning map is in place the moratorium is no longer needed. The Board thanked Mr. Virta for all his help in guidance and wished him luck. Motion made by Richard Seay, seconded by Paul Fetscher to extend the Moratorium Ordinance. Motion passed unanimously. 6. Request by Dania Jai Alai to adopt and discuss an ordinance which will establish a Planned Unit Development as a Zoning District and a Mixed Use Development District in the City of Dania Beach. (Staff requests continuance of this item.) Planning and Zoning Board 8 November 17, 1999 MINUTES AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 28, ZONING, PROVIDING FOR THE AMENDMENT OF SECTION 3.10 BY ADDING MIXED USE DISTRICT (MXU) TO THE LIST OF ESTABLISHED DISTRICTS; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.60, PLANNED UNIT DEVELOPMENTS AS A ZONING DISTRICT; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61, MIXED USE DEVELOPMENT (MXU) DISTRICT; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61.a; PURPOSE OF THE DISTRICT; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61.b; PERMITTED USES; FURHTER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61.c, DEVELOPMENT STANDARDS; FURTHER PROVIDING FOR THE ESTABLISHMENT OF SECTION 7.61 A, SUBMISSION REQUIREMENTS; FURTHER PROVIDING A SEVERANCE CLAUSE; AND, FURTHER PROVIDING AN EFFECTIVE DATE THEREFOR. 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) 924-3630,AT LEAST 72 HOURS PRIOR TO MEETING. Planning and Zoning Board 9 November 17, 1999 MINUTES