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HomeMy WebLinkAbout1999-12-15 Planning and Zoning Board Minutes Zip- MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD Wednesday, December 15, 1999 7:30 P.M. 1. Roll Call Present: Staff: Bob Adams Leigh Kerr, Planning Consultant Jason Dubow Thomas Ansbro—City Attorney Dr. Paul Fetscher Gloria Brandes - Board Clerk Victor Lohmann Richard Seay 2. Approval of Agenda - Chairman Lohmann called anyone being represented by legal counsel or by paid consultants to come forward. Motion to continue items 4 and 6 to the next regular Planning and Zoning meeting and hear the agenda as follows: 9, 11 and the balance in sequence made by Bob Adams seconded by Jason Dubow. Motion passed unanimously. ADMINISTRATIVE BUSINESS 3. Minutes—Motion to approve the minutes as presented of the November 17, 1999 regular meeting made by Bob Adams seconded by Paul Fetscher. Motion passed unanimously NEW BUSINESS 9. LUF-87-99 — Small Scale Land Use request by Craig A. Smith and Associates for Jack Studiale, Owner, Tropical Acres Restaurant. Property located at 2500 Griffin Rd., Dania Beach. The request is to change the land use from Residential Low (5) to Commercial. RZ-88-99 - Rezoning request by Craig A. Smith and Associates for Jack Studiale, Owner, Tropical Acres Restaurant. Property located at 2500 Griffin Rd., Dania Beach. The request is to rezone the property(s) from Residential R-1 C / Commercial B-2 to Commercial C-2. SP-99-99 — Site Plan request by Craig A. Smith and Associates for Jack Studiale, Owner, Tropical Acres Restaurant. Property located at 2500 Griffin Rd., Dania Beach. The request is to expand and renovate the sites parking and landscaping area. Leigh Kerr, AICP, Planning Consultant, described for the Board the proposed rezoning and site plan. Further described for the Board the Small Scale Land Use request. Mr. Kerr stated that the petitioner needs to apply for a variance for relief of the existing parking lot. Mr. Kerr concluded his summation by stating his recommendations as follows: 1) approval of the rezoning of the northern portion of the existing restaurant Planning and Zoning Board 1 December 15, 1999 MINUTES • • parcel from County B-2 to C-2, 2) withdrawal of the small-scale land use plan amendment, 3) approval of the proposed C-2 rezoning and the allocation of commercial flexibility to the rear of the restaurant and the proposed parking lot provided that to final City Commission approval is granted following rectification of the City of Dania Beach Comprehensive Plan. 4) approval of the site plan subject to the conditions listed the staff report. Board discussion on the wall barrier between commercial and residential properties and that is not noted on the site plan. David Anderton, Craig Smith and Associates addressed the Board stating the there is a wall located on the landscape plan. Describing it as a 6 ft. stockade fence located 5 ft. in from the south property line and all the buffer areas meet the current code requirements. Mr. Anderton stated that he has no problem applying for a variance and will do so as soon as possible. Board questioned Mr. Kerr whether or not the Fire Marshall reviewed the site plan. Mr. Kerr stated that the Fire Marshall did review the plans and he had no comments. Board further questioned on the location of the dumpster enclosure. Mr. Anderton showed the Board the location and that they need to add a concrete tri-wall structure. Motion made by Richard Seay, seconded by Jason Dubow to continue LUF-87-99/RZ- 88-99/SP-99-99. Motion passed on the following roll call: Bob Adams - no Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes 11. SA-98-99 - Sign adjustment request by Joan Kerns, Executive Vice President / General Manager of DCOTA, for property located at 1855 Griffin Rd., Dania Beach, from Chapter 28, Zoning, Article 28.060, Prohibited Signs (6) which states that "signs with visible moving, revolving, or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic, or mechanical means, except for traditional barber poles, unless approved through the sign adjustment procedure." Leigh Kerr, AICP, Planning Consultant addressed the board describing the proposed sign adjustment. Mr. Kerr concluded his summation by recommending approval subject to limiting the frequency of louver movement. Joan Kerns, petitioner, addressed the Board describing the sign as three sided louvers with wording that change once or twice an hour. Bob Adams stated that he feels that this is conservative and spoke in favor. Chairman Lohmann questioned the petitioner regarding the billboard on the property. Ms. Kerns addressed the billboard question by stating that it is owned by Mr. Weathersby and that it was knocked down by the last hurricane. They were able to help Mr. Weathersby obtain a permit to repair it. DOT has advised them that the billboard must be 1500 ft. from another billboard and there is a billboard to the south that is too close by 600 ft. Chairman Lohmann stated that he would like to have that billboard Planning and Zoning Board 2 December 15, 1999 MINUTES • • removed and not to have any more billboards of that type. Further stated that he would support Ms. Kerns own billboard on side of building pertaining to DCOTA. Ms. Kerns stated that she would need to speak to the owners. Chairman Lohmann 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 continue SA-98-99. Motion passed unanimously. OLD BUSINESS 5. VA-100-99 — Variance request by Stephen St. Clair from Chapter 28, Zoning, Article 6.21 Schedule of Off-Street Parking Requirements, to allow for a reduction in the number of parking spaces by 5 (4.3). This request is in conjunction with a site plan which was brought before the City Commission on July 13, 1999 for an addition to the existing building known as "Competition Cycle Center' located at 901 Old Griffin Rd. Leigh Kerr, AICP, Planning Consultant described for the Board the proposed the variance. Mr. Kerr recommends approval with the condition that it be for the purpose of supporting the motorcycle shop on the premises. Mr. St. Clair, petitioner, described for the Board the negotiations with FPL on the purchase of their land. Chairman Lohmann opened the item for public comment. Hearing and seeing no one the chairman closed the public hearing. Motion made by Paul Fetscher, seconded by Richard Seay to approve VA-100-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes NEW BUSINESS 7. SP-83-99 - Site Plan request by Joseph Mancusi for improved parking and landscaping in conjunction with the existing retail building located at 227 North Federal Hwy, Dania Beach Downtown Redevelopment District. VA-83-99-Variance request by Joseph Mancusi from Chapter 28, Article 6.21 Off Street Parking requirements and Chapter 26, Article IV Landscaping, Section 26-47 Vehicular Use areas. Joe Mancusi, petitioner, described for the Board the proposed site plan and variance stating that the site does not leave any other alternatives. Mr. Mancusi was surprised that Mr. Kerr did not recommend approval. Planning and Zoning Board 3 December 15, 1999 MINUTES • • Leigh Kerr, AICP, Planning Consultant addressed the Board describing the variance. Mr. Kerr is concerned about the safety of the parking area as proposed on the site plan. Theparking area which is proposed to be located adjacent to Federal Highway consists p g p p 1 9 Y of a fifteen (15) foot one-way drive aisle which leads to three (3) proposed parking spaces at the south end of the site. The parking configuration creates an unsafe condition without sufficient room for stacking of vehicles and vehicular movement on the site. If this variance is not granted, the site plan would not meet applicable code requirements and could not be approved. However, if the variance is granted, the site plan needs to be revised in order to address the conditions list in staffs report. Mr. Kerr concluded his summation by recommending denial of the variance due to unsafe conditions that would be created. Rick Seay questioned Attorney Ansbro regarding past discussion on an apartment above a store front located on Federal Highway. Attorney Ansbro was unable to recall the details and stated that it may have been accompanied by a text change. Discussion by board on off street parking. Board questioned the applicant on his objection to meeting with his architect to try to resolve staffs concerns. Mr. Mancusi stated the property next to his has duel use. Board stated that the issue is not the use but the parking. Mr. Mancusi stated that he ran an antique store for 2 years without any parking problems. Discussion by the Board and applicant on the parking issue. Board suggested to the applicant to have a meeting with Mr. Kerr and an architect to come up with a site plan that is safe. The chairman opened the item for public comment. The chairman asked all persons wishing to be heard tonight to stand, and to be sworn in by the clerk collectively. Mr. Jorge Fallad addressed the Board and stating that the site has the ability to have 3 spaces and 1 handicap. Hearing and seeing no one further, the chairman closed the public hearing. Motion made by Bob Adams, seconded by Richard Seay to continue SP-83-99NA-83- 99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes 8. SE-84-99 — Special Exception request by William and Dawn Cepek to allow a vinyl sign studio in a DB-2 zoning district, located at 2381 Griffin Rd., Dania Beach. SP-85-99 - Site Plan request by William and Dawn Cepek for a 1,295 sq. ft. addition to the existing vinyl sign studio located at 2381 Griffin Rd., Dania Beach. Leigh Kerr, AICP, Planning Consultant described for this project as a proposed expansion of an existing facility and that it is subject to a text amendment to the zoning code that would permit this type of use through a special exception. Mr. Kerr concluded his summation by stating that they have met the requirements of the code and Planning and Zoning Board 4 December 15, 1999 MINUTES recommends approval subject to meeting the Principal Arterial Commercial Design guidelines. Mr. William Cepek, petitioner, addressed the Board stated that this type of business in that area is a standard in the County. It is not really a special exception and that Dania Beach chooses to call it that and he is okay with it. Mr. Cepek gave examples of other cityies where vinyl sign shops are not considered a special exception in the B-2 zoning. 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 SE-84-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes Motion made by Bob Adams, seconded by Richard Seay to approve SP-85-99 subject to staff verification that the design guidelines are met. Bob Adams - yes Victor Lohmann - yes Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes 10.VA-90-99 — Variance request by Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc. / Publix Supermarkets from Chapter 28, Zoning, Article 6.64. Principal Arterial Commercial Design Standards Overlay — The applicant is requesting that this requirement be waived and that they be allowed to use parapet roofs. Property located on the SW Corner of Dania Beach and SE 5th Ave., Dania Beach "Dania Beach Plaza Plat". SP-91-99 — Site plan request by Herb Green, Avid Engineering representing Mark Sheldon of Regal Ventures, Inc. / Publix Supermarkets. for a Retail Shopping Center. Property located on the SW Corner of Dania Beach and SE 5th Ave., Dania Beach "Dania Beach Plaza Plat". Leigh Kerr, AICP, Planning Consultant described the proposed variance and site plan explaining the location and surrounding properties. Mr. Kerr gave a summation as per his staff report. Mr. Kerr's staff report reads as follows "The Publix site is situated at the southwest corner of Southeast 5 h Avenue and East Dania Beach Boulevard and will be situated on the Frosty's driving range site. The site is proposed to be utilized for a retail shopping center with Publix supermarket as the anchor. The site has a total of 66,211 square feet of building and the Publix facility will contain 44,265 square feet. Also they have identified a Parcel 2 which is proposed as a future outparcel and is not part of the subject approval. This proposed Parcel 2 is situated at the northwest corner of the site. Generally,they have provided for two(2)access points on East Dania Beach Boulevard and two(2)access points on Southeast 50'Avenue to serve the facility. The Publix supermarket is situated on the rear of the site, more or less centered in that location. The balance of the proposed retail extends east and west from the Publix facility. Also included is a request for a variance from the roof type which is a parrapet roof rather than a pitched roof as required by Code. Planning and Zoning Board 5 December 15, 1999 MINUTES VA-90-99 As part of the project,the applicant has requested a parrapet roof in lieu of a peek roof. They indicate this need because the of compressors,motors and fans on the roof area. They indicate that the Fire Code limits motors and compressors within enclosed roofs and that is their hardship. They indicate that this is unique to this type of facility. The staff has reviewed the variance request per the Code and we do not concur with the applicant's proposal. We believe that interpreting the Code to provide relief for rooftop structures in this manner is something that could easily be applied to any proposed facility within the City of Dania Beach and is not unique to this facility. We do not believe that special conditions or circumstances apply that distinguish this applicant from other applications in the community. We believe that it would provide a special privilege to this applicant and we do not believe the literal interpretation of the provisions of this Code would deprive the applicant. The staff recommends denial of the variance request. SA-91-99 Staff has conducted a review of the site plan in accordance with the City standards. As you are aware this is also the subject of the Dania Beach Plaza Plat which was recently approved by the City Commission and is currently under review by Broward County. Inasmuch as Dania Beach Boulevard is a State road, the Florida Department of Transportation (FDOT) is also a controlling interest in the provision of access to Dania Beach Boulevard. We have reviewed the site plan in the context of the initial County review of the plat and its access requirements and provide the following as it relates to Dania Beach Boulevard. A. EAST DANIA BEACH BOULEVARD 1. The site plan does not depict the fifty-five (55) foot half right-of-way required to meet the Broward County Trafficways Plan. 2. The site plan does not depict the additional right-of-way dedication required by Broward County for the proposed turn lanes for the site. 3. The reservoir area(separation between the right-of-way and the first driveway or parking space on site) is not consistent with the Broward County review. Broward County has indicated that one hundred (100) foot of separation of separation and seventy-five (75) separation and there appears to be approximately forty(40)to fifty(50)feet provided. 4. There is a question of whether the opening, particularly the eastern opening is consistent with the FDOT and Broward County review of this plat. 5. Also consistent with the Broward County request,the City staff requests that the applicant provide an access easement to the existing commercial site situated at the corner of Southeast 5 h Avenue and Dania Beach Boulevard. These would provide access to that site once redevelopment occurs on that property and thereby eliminating additional access points on Dania Beach Boulevard and Southeast Fifth Avenue. 6. Also attached is the report by Hughes Hall,Inc.regarding their review from a traffic perspective. They suggest one(1)opening on Dania Beach Boulevard. Staff feels that two(2)openings could be appropriate provided they are approved by FDOT and Broward County and only if the applicant provides the access easement previously noted to the corner of Southeast 5t' Avenue and Dania Beach Boulevard. Hughes Hall, Inc. also indicated the need to close the median opening that currently exists in front of the property. The applicant appears to have proposed a closure of that opening,but they also appear have to reduced the width of the existing median to provide more pavement. FDOT has also requested that the median opening be closed. Staff requests that the median width be maintained and that the landscaping existing in the median be maintained. This is consistent with the Hughes Hall memo about the closure of the median. Hughes Hall also requests that the eastbound left-turn lane at Southeast Fifth Avenue be expanded to include 200 feet of storage and 150 feet of transition. 7. Hughes Hall has also indicated the need to address the intersection of Dania Beach Boulevard and Southeast 5a' Avenue, particularly the openings that exist north of the intersection. They further indicate Planning and Zoning Board 6 December 15, 1999 MINUTES • 0 that FDOT has stated that a traffic signal is warranted at this location provided the north two (2) openings are consolidated in to a singular opening or both are eliminated. B. SOUTHEAST 5TH AVENUE 1. The applicant has proposed two (2) openings on Southeast 5t' Avenue. The staff is concerned about the southeastern opening which is apparently be a service opening for the site. This opening is in close proximity to the Meadowbrook residential community and the movement of truck traffic in this area is a concern to staff. Staff requests that the applicant review the consolidation of the two(2)openings in to the singular opening serving the central part of the site. C. PLAN REVIEW COMMENTS The staff is concerned about the location and proximity of the Publix building as it relates to the Meadowbrook condominium immediately south of the site. A Meadowbrook building is located approximately 40 to 50 feet south of the property line and about 100 feet from the rear of the Publix building and only about 90 feet to the proposed loading area. Staff believes that this does not provide a very compatible interface with the residential properties to the south and it would be more appropriate to reorient the Publix building to the west of the site. Previously the staff had written to the applicant's engineer to consider this relocation, and apparently they have chosen not to provide for any adjustment of the building location. 1. Signage in accordance with the City Code will need to be provided. 2. It is unclear how solid waste will be handled and properly serviced. 3. A fire lane should be depicted. 4. Add bumper stops for all parking spots not curbed. 5. Provide a computation on the required parking and provided parking. 6. A total of four(4)loading spots is required. A loading area is indicated and as previously outlined, its present location is a concern to staff. The loading area needs to depict the four(4) loading spaces on the plan. 7. The property is zoned C-2,not DB-2 and should be so corrected on the plan. 8. Confirm that the six (6) foot privacy wall is a masonry wall in accordance with Code. The wall also needs to be offset five(5)from the residential area. 9. A lighting plan must be provided in accordance of Code prior to issuance of a building permit. 10. No building elevations have been provided and these must also depict the heights of the structures, plus colors. 11. Relabel the City name to read"Dania Beach" 12. Tree removal license in accordance with Code need to be provided prior to building permit. D. LANDSCAPE PLAN 1. As noted previously the six(6)foot masonry wall on the south limits needs to be offset five(5)feet. 2. Trees to be installed per Section 26-50(b)(2) on a frequency of one (1) per every forty (40) feet; shrubs one (1)per every three (3) feet. The plan indicates existing vegetation will provide cover, but the tree survey does not reflect that there are adequate amounts of the same, plus there is no depiction of any shrubbery in this area. The plan does not depict the adjacent trees or shrubs within twenty-five(25)feet of the property line per 26-46(3). 3. There is a note about some trees remaining on site, but it is not clear from the landscape plan which trees are being referred to. 4. An irrigation plan shall be submitted prior to building permit issuance. 5. All landscape islands will be curbed as well as all terminal islands. Planning and Zoning Board 7 December 15, 1999 MINUTES • • 6. The landscape notes should be revised to indicate that: a. the planting plan cannot be revised without the consent of the City and b. the type of stock will be Florida Number One or better. 7. The area between Parcel 2 and the subject site should be treated as property edge and perimeter landscaping should be installed in this location to include the southern,eastern and northern limits of Parcel 2. 8. The applicant needs to demonstrate compliance with Section 26-48 particularly as it relates to the requirement for one (1) tree for each 200 hundred square fee of the remainder interior vehicular use landscape area. 9. The applicant also needs to demonstrate compliance with 26-49(c). 10. The Code provides for palms to be utilized but they are to be counted at a one to three ratio." Concluding his summation by recommending denial of the variance since the applicant has not demonstrated sufficient hardship and approval of the site plan subject to the above comments and recommendations. Chairman Lohmann spoke stating that there was a problem with the public hearing notice sign being removed from the property. Mr. Lohmann suggested getting a hold of the property owner and trying to find out what is going on regarding the removal of that sign. Attorney Ansbro advised the Board to continue this item due to not having proper notice posted on the property. Mr. Herb Green, applicant, spoke in regards to the posting of the sign and the tenant being the one removing it. Mark Sheldon from Regal Ventures spoke stating that Frosties lease the property and it is owned by a trust. Mr. Sheldon would like the opportunity to address some concerns made by staff tonight and not wait until next months meeting. Molly Hughes, Traffic Consultant addressed the board suggesting that the applicant meet with Mr. Kerr and herself to move things forward without having to hear the item this evening. Motion made by Jason Dubow, seconded by Bob Adams to continue items VA-90- 99/SP-91-99. Motion passed on the following roll call: Bob Adams - yes Victor Lohmann - no Jason Dubow - yes Richard Seay - yes Dr. Paul Fetscher - yes Jason Dubow stated for the record that there could be an argument made for motivation for certain people to remove signage to create this and we need to somehow avoid that. Chairman Lohmann stated that it seems unfair to this petitioner who spent time with previous staff working on this and came prepared to tonight's meeting, through no fault of their own that the item could not be heard tonight. Chairman Lohmann suggested a special meeting on January 5th, 2000 or January 12 h,2000 to move this project forward. Planning and Zoning Board 8 December 15, 1999 MINUTES Board discussion on the issue regarding the beautification of the parcel of land on the Bass Pro Shop property. The board would like a letter sent congratulating Dave Decou, Director of Development of Bass Pro for having the matter resolved in a timing matter. Adjournment Continued items 4. TX-68-99 - 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. (ITEM CONTINUED). 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 7.61A, SUBMISSION REQUIREMENTS; FURTHER PROVIDING A SEVERANCE CLAUSE; AND, FURTHER PROVIDING AN EFFECTIVE DATE THEREFOR. 6. SA-82-99 — Sign adjustment request by Thomas Cimaglia / Carousel Antiques for property located at 48 South Federal Highway from Chapter 28, Zoning, Article 28, Signs. 28.160. Downtown Dania Beach Redevelopment District sign regulations. Mr. Cimaglia would like to request that the 3 existing neon signs be allowed to remain. 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 December 15, 1999 MINUTES