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HomeMy WebLinkAbout1998-12-16 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY DECEMBER 16, 1998 7:30 P.M. I Roll Call - Present: Staff: Pat Janowski Terry Virta, AICP — Growth Management Director Victor Lohmann Thomas Ansbro — City Attorney Jason Dubow Board Clerk— Lou Ann Cunningham Kevin Pierson Bob Adams —Absent/Excused 2. Approval of minutes from the October 21, 1998 and the November 18, 1998 regular meetings. Jason Dubow requested a correction from October 21st meeting for item 7 to show his vote as a no. Motion made by Jason Dubow, seconded by Pat Janowski to approve amended minutes from October and November. Motion passed unanimously. 3. Approval of Agenda - Chairman Lohmann called anyone being represented by legal counsel or professional consultant to state their petition number. Petitioner for item 9 - SP-61-98 present, will be heard after administrative ordinances. 4. An administrative ordinance approving the continuation of a moratorium for accepting and processing certain applications for zoning development orders. Ordinance No. 20-98, adopted on November 10, 1998 extended the temporary moratorium through January 26, 1999. If adopted the proposed ordinance would extend, as a new temporary ordinance, the effective moratorium date for an additional 3 month period of time through April 27, 1999. The proposed ordinance would read as follows: 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 ONLY APPLY TO HEAVY INDUSTRIAL USES AND SHALL LEAVE UNAFFECTED A WIDE VARIETY OF LIGHT INDUSTRIAL AND OTHER AVAILABLE USES IN SUCH AREAS AS PROVIDED IN THE Planning and Zoning Board 1 DECEMBER 16, 1998 MINUTES r ORDINANCE; PROVIDING FINDINGS; PROVIDING DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR. Thomas Ansbro, City Attorney stated reasons to extend moratorium to 6 months. The Chairman opened the item for public comment, hearing no one and seeing no one, the Chairman brought discussion back to the board. Motion to pass made by Kevin Pierson, seconded by Pat Janowski. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes 5. An administrative ordinance which amends the zoning code by changing the current parking requirements for yacht clubs, boat marinas, charter boats and sightseeing boats and additionally adds requirements for gambling boats. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 6.21, WHICH SECTION IS ENTITLED "OFF- STREET PARKING', OF CHAPTER 28, ENTITLED "ZONING', OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE A REGULATION WHICH WILL REQUIRE THE PROVISION OF PARKING SPACES FOR OCCUPANTS OF GAMBLING BOATS; FURTHER, CHANGING THE CURRENT PARKING REQUIREMENTS FOR YACHT CLUBS, BOAT MARINAS, CHARTER BOATS AND SIGHTSEEING BOATS; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Growth Management Director Terry Virta, AICP, described the ordinance which set the parking requirements for gambling boats. Recommended a change for parking to be reduced from one space for each four persons to one space for each two persons, for all the boat uses and, added gambling to the list of uses. Change would not be applied retroactively. The Chairman opened the item for public comment, hearing no one and seeing no one, the Chairman brought discussion back to the board. Board discussed no adverse effects on currently operating yacht clubs, boat marinas, charter boats, and sightseeing boats. Motion to pass made by Jason Dubow, motion seconded by Kevin Pierson. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes Planning and Zoning Board 2 DECEMBER 16, 1998 MINUTES 0 • NEW BUSINESS — PUBLIC HEARINGS 9. SP-61-98 — Request by J. F. Smith Design & Build Inc., representing AC @ LP Corp., Lester Boggs, President, for site plan approval for property located at 1237 Stirling Rd. The petitioner is seeking site plan approval for a storage lot for bus parking. Chairman asked all persons wishing to be heard tonight to stand, state their name and be sworn in by the clerk, collectively. Growth Management Director, Terry Virta, AICP, addressed the board describing that this hearing is for site plan approval only. He further stated that the property was annexed in 1996 which makes it subject to the 1993 state statue and advised they must honor the County's zoning regulations. In honoring the county zoning this is a permitted use in the M-3 zoning district. The issue before the board is whether the site plan meets the City of Dania Beach code. He discussed the site standards designed for parking lots of automobiles and stated that if applied to bus parking lots, you get a little bit different shape of things. It will comply with the standard that states there should not be any vehicles within 65 feet of the nearest shade tree, according the landscaping plan and stated that the project complies with the city code. Mr. Virta brought up the issue of the buses properly navigating in the area. He suggested possibly seeking outside expertise and stated that the board would needs to address this issue before passing this site plan. In concluding his summation, he stated that the site plan does comply with the internal aspects of the City's code. The Chairman asked if there where any questions from staff. There were none. Donald Hall, Attorney on behalf of the applicant addressed the board, introducing all persons present that will be speaking on behalf of petitioner. Stated that this property is zoned for all uses currently proposed. The uses are as follows, outside storage of commercial vehicles (buses), administration building, washing, fueling and minor repair of buses. Also complies as the staff report indicates, with each specific provision of the code dealing with site plan approval. Nick Condan, Vice President of Facility Management for Global Passenger Services, parent company for Trailways Inc. Reviewed and repeated the facts stated by Mr. Hall, emphasizing that this property is zoned for this use. Presented revised and fully compliant site plan. The applicant is compelled to adhere to specific standards and specifications in the development of this site plan. Stated they are not asking for any variances. Quoted from staff report the recommendation to approve site plan as submitted. It fully complies with requirements of the code and as previously discussed and it is a permitted use under the county zoning. The Planning and Zoning board should recommend that the City Commission approve this request. He further stated for the Planning and Zoning Board 3 DECEMBER 16, 1998 MINUTES i record, the rumors are not true that the land located SW 32"d St. is being developed for Trailways and that they are moving there. Frank Smith, Architect speaking on behalf of the petitioner, stated in light of the comments from the city council meeting, (on the prior site plan request) we added interior landscaping and improved the entrance to the site. Reviewed the site plan, no problem with buses stacking up due to the fact there is plenty of interior space for the buses to circulate inside the property. Changed the entrance of the site making it more compatible for the turning radius of the buses for entering and exiting. The clerk then sworn in Charles Buckieu, Civil Engineer speaking on behalf of the petitioner explained the channelization of the opening. He stated that there is a center median to help direct the traffic in and out, that they increased the radius for the vehicles entering, and he gave an example of a site located on Federal Highway, North of Broward Blvd., describing that they have the same channelization as presented. Asked if there were any questions, there were none. Andrew Seebo, Project Engineer speaking on behalf of the petitioner, submitted a traffic study to board, he stated his qualifications as being a licensed Professional Engineer with the State of Florida and that his company was hired by Trailways to perform a traffic study. He stated that he studied the Ravenswood facility for operation, determined that the peak during the weekday occurred on Fridays. Peak weekend was on Saturday. Studied both peaking characteristics for the site and for the adjacent street of Stirling Road, in all studied eight different peak periods. Came up with per coach rate from the Ravenswood facility, he applied that to the maximum peak season rate expected for the peak season, and number of coaches expected for the use at the Stirling facility. Came up with site traffic volumes. Analyzed the driveway using standard software. Results showed best operating condition expected. Mr. Seebo stated that he took into consideration percentage of heavy vehicle traffic and bus traffic. Studied the link of Stirling adjacent to the site, operating at best operating level for a roadway with the traffic signals it has. Reviewed channelzation of the driveway and the larger turn radius. Determined that a traffic signal was not needed. He addressed the concerns of alternate routes of exiting vehicles and suggested several alternates. Don Hall asked Mr. Seebo if in his professional opinion that the ingress and egress point from Stirling onto this property is safe and adequate for the proposed use? Mr. Seebo answered by saying, yes it is, in light of the new redesigned driveway with the 35 ft. radius and center aisle. Billie Lindsey, Director of Marketing for US Fleet Services, nationwide mobile on site fleet fueler, addressed the board on behalf of the petitioner. She stated that they are a licensed company in the State of Florida by the DEP for 12 years. Currently serving Global Passenger Services in all existing terminals Planning and Zoning Board 4 DECEMBER 16, 1998 MINUTES a • Safest environmental in the United States. way for large fleet to fuel their y g vehicles. Their customized mobile size fueling truck arrive in the p.m. hours with trained technicians, manually fuel the vehicles 7 days a week. Maintains a $50 million liability umbrella in the event of a environmental accident the client will be covered. Company has never had a claim. Drivers are completely trained. They have a contract with Chemtrek, the environmental response team, for a 3 hour response in case of a environmental situation. All trucks are equipped with absorbent material for residue and containment. Emergency numbers are posted at facility. Company was founded so that other companies do not need to store fuel on site which is hazardous allowing fuel to leak into the environment and tanks to become contaminated. She further stated that they stay on the on property for 1 hour and only carrying as much fuel as needed for the customer, no more than 4,000 gallons at one given time. Storing fuel on property is a much higher risk of environmental catastrophe. This service does cost more than storing fuel on the property, but has been chosen for environmental reasons. Bill Larney, Director of Florida operations for Fleet Wash Environmental Services. He stated that their company provides on site vehicle washing. Described the procedure as follows, pull in the facility with their vehicle containing water and soap, seal all existing storm drains and any areas on property where water can exit. Wash the vehicles and parking lots then remove any residual soap and solids by vacuuming it into their vehicles, then transported back to the their facility and pumped into a holding tank for 24 - 48 hours then discharged as sanitary. They have permits from all water authorities about where it goes and is regularly tested. Presented packet to board for review. Mr. DeSantos from Trailways, described the operation as a 12 month a year operation with peak season from October to May which is consistent with the cruise line activities and tourism. They are the preferred transporter for that type of business. They will have, during peak, times anywhere from 70 -75 coaches at this site. During the summer the number will decrease to 30 - 35 coaches. Administrative offices will operate 8am - 5pm. Office personnel ranges from 20 -30 depending on the time of the year. Operations are fairly busy on the weekend. Expecting to be busier on Sundays as more ships come in to port as scheduling is shifting to that day. Will be providing a variety of different work activities which are all covered by the code. Will be fueling, washing and will perform maintenance activities. They will not be performing any painting which requires environmental sensitive conditions. No major work for engine rebuilt will be done at site, have contracted professional service for that. Coaches to leave at staggered times of the day, from early in the morning and returning after dinner, out of typical traffic patterns leaving as early as 4 - 5am. Very sound practice toward safety attitude is first last and always, significant number of driver safety programs, conduct background check on drivers because of contact with public, random drug testing, offers Planning and Zoning Board 5 DECEMBER 16, 1998 MINUTES both full-time and part-time employment for an excess of 200 individuals. Participating in community programs offering transportation services to needy groups at no charge. He concluded by stating the they have been involved in a variety of different donations including the Sheriffs Department and the United Way, and would like the board to consider application favorably. Don Hall asked board to look at site plan and pointed out landscape perimeter due to the number of trees completely screens the site from view. The only ingress and egress from the site is from Stirling which is a 6 lane highway. The traffic from this site is completely contained on to one street and has no impact on residential neighborhoods whatsoever. Concluded by stating that these are very important considerations when reviewing the site plan. Board members at this time discussed the following, the transportation study was done after the entrance was modified. Buses will be traveling through some minor residential areas. Petitioner replied by stating they are open to alternate routes to avoid residential areas. Suggested Federal Highway would be better route. Discussed parking concerns and average length of the coaches being 40 feet. Discussed precautions to be taken due to proximity of elementary school access over 5 ft. chain link fence on south side of property. At this time Chairman opened the item for public comment. Ed Stacker, Attorney spoke on behalf of Stirling Design against approval of this site plan doe to traffic concerns, bus fumes, noise and negatively affecting retail business. Would like more time to obtain their own traffic study. Expressed concern of landscape design not complying with code. Laura Hoskins licensed certified safety professional and commercial insurance agent spoke against approval due to traffic, inadequate background checks, residential neighborhoods and pollution concerns. Fred Gans president of Decorator Fabrics, spoke against approval due to traffic concerns and non-beatification of the city with these buses. Albert Jones spoke against approval due to the negative impact of businesses and residents, Broward County school buses have already impacted this area with heavy congestion along 22"d Ave. Questioned petitioner regarding past problems while fueling buses on site? Can board members see proof of training and certification of drivers before making decision? Feels this is not beneficial to the community. Willie Hill president of College Gardens Neighborhood Association. Spoke against approval stating that this is not conducive for the area due to entering and exiting problems causing major safety hazards. Stated buses should not be entering residential areas. Elizabeth Price Smith spoke against approval due to environmental, noise, and traffic concerns. Derrick Gans spoke against approval due to fumes and image of Dania Beach. Hearing and seeing no one further, the Chairman closed the public hearing . Question presented by board member to Mr. Ansbro regarding clarifying the discretion in determining whether or not to recommend approval for a site plan. Mr. Ansbro discussed site plan laws and meeting city code requirements. Explained getting Planning and Zoning Board 6 DECEMBER 16, 1998 MINUTES independent evaluation by the City's traffic engineering consultant regarding traffic concerns. The ingress and egress, acceleration and deceleration concerns needs to be addressed. Question on clarification regarding annexing and when the City's permitted use take hold. Mr. Ansbro explained the law regarding annexation of land by cities. Allowing cities to make their own decisions by rezoning. In 1993 the law was clarified to state that the comprehensive plan must be amended to include the land or the land will have the zoning it had before annexation until it is included in the plan. All properties annexed since 1990 are currently being included to show on the comprehensive plan and should be finished in 3 - 4 months. Question to petitioner from board member regarding exiting the property with alternate routes to help the citizens. Mr. Hall stated that alternate routes will not be pursued due to citizen concerns. Mr. DeSantos reviewed routes, stating only traveling east on Stirling Road to US 1 and not to travel west out of the property. Discussed impact of route and the use of public roads is an issue for the site plan approval. Chairman asked Mr. Virta the professional opinion regarding the necessity of or lack of necessity of a traffic study or impact by the city before consideration. Mr. Virta replied by stating that these issues need to be addressed to the extent that the Chairman and the City Commission are satisfied with it. Would like to look at traffic study presented tonight before comment. Suggested using our own means to get our expert to study the report or conduct own study. Chairman discussed his concern in relation to a traffic study, expressed concern of safety hazards. Mr. Hall responded by saying that the bus drivers headed west would have to use US1 to 595 or south to Sheridan. They have complete control of the drivers routes. Board member Janowski asked how they will monitor their drivers. Petitioner responded by stating drivers will be terminated if they do not comply. Chairman Lohmann asked Mr. Virta how much time it would take to review the traffic study presented or to conduct their own? Mr. Virta answered by stating that it could be completed by the next meeting of the board. Chairman asked the petitioner if they are prepared to include in their site plan to keep all buses out of the residential neighbors at all costs? Are you willing to accept this condition and if not adhered to the site plan approval would be revoked if violated? Mr. Hall responded by stating that he could draft a site plan that could satisfy these conditions. Board member Janowski asked if the buses run for 45 minutes before ready to go? Mr. Hall responded by stating he did not know. Petitioner answered by stating that various buses take different amounts of time. Stated that due to repairs there is not much time in idol and fuels used today are significantly improved as per the clean air act of 1993 diesel fuel burns 93 percent cleaner. Did not have a specific answer and stated 45 minutes is a very long time and did not think that it would be that long. Board member asked the petitioner what the operating hours are? Petitioner answered that they are a 24 hour operation. Then stated that most of the operations are concluded between the hours of lam - 6pm. Chairman asked Mr. Virta where the nearest zoned residential area in proximity to the site? Mr. Virta answered by stating that it would be to the south in Hollywood Planning and Zoning Board 7 DECEMBER 16, 1998 MINUTES a • on the other side of the school grounds. Chairman commented that in fairness to the petitioner that the board should either give them a vote this evening or an indication of their intentions. Stated that he would have difficulty supporting a vote for approval without hearing from his staff and review the traffic study presented. Would like to obtain independent traffic study by City's retained expert. Board members agreed. Chairman asked the petitioner to voluntary vote to continue at this time. Petitioner then asked the board to allow them to present to the City Commission for review due to time? Board denied this request. Board members discussed that a special meeting can not be held in January, due to the holidays and that the having traffic study can not be guaranteed by the end of December. Motion to continue made by Jason Dubow, seconded by Pat Janowski. Petitioner then wanted clarification on the nature of the next meeting to be only on the traffic report. Chairman then stated that the board and the public are very concerned with the public safety issue in regards to traffic. By deferring the item this will give the staff time to review this issue and report back to the board. Stated that the traffic study is the only issue to be discussed at the next meeting. Mr. Ansbro suggested the petitioner pay for the independent traffic study. The petitioner is willing to participate in some type of cost recovery. Motion to continue item SP-61-98 until the next regular scheduled Planning and Zoning Board meeting on on the followi ng roll call: January 20, 1999 passed g Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes 6. SP-55-98 - Site plan request by Cliff Berry, Inc. for a proposed transfer station facility in the Port Everglades area located at 851 Eller Drive. Growth Management Director, Terry Virta, AICP, stated this is not an intended use in the M-3 zoning district. The County M-4 Zoning has oil recovery listed as a permitted use. If the use is listed in a more intensive zoning district it is not permitted in a less intensive district. Recommendation to take no action and the City Commission take no action at this time. Chairman asked if petitioner was present. Bill Parkes, spoke on behalf of the petitioner reviewed prior discussion with Mr. Virta regarding preliminary site plan. Made suggested changes to site plan. Petitioner is willing to rezone property. Requesting permission to do construction during the rezoning process. At this time the Chairman opened the item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. Board members discussed site plan approval could not be made contingent of the rezoning, since site plan has not been reviewed. Cliff Berry, petitioner asked permission to start construction until rezoning is complete. Board members discussed legal problems incurring upon approving construction before rezoning and site plan needs to be reviewed. Board will review site plan Planning and Zoning Board 8 DECEMBER 16, 1998 MINUTES a i and rezoning at the next meeting. Motion made by Jason Dubow to continue item SP-55-98 until the next regular scheduled Planning and Zoning Board meeting on January 20, 1999, seconded by Pat Janowski. Motion continued on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes 7. SE-58-98 — Special Exception request by Festival Fun Parks to allow the west end of the Grand Prix site located at 1500 NW V Street to be used in it's entirety for a water/ roller coaster theme park. VA-58-98 — Variance request by Festival Fun Parks for height allowance for a Skyventure, Skyscraper and Rollercoaster rides. SP-59-98 — Site plan request by Festival Fun Parks for a proposed water / roller coaster theme park at the west end of the Grand Prix site located at 1500 NW 1" Street. Growth Management Director, Terry Virta, AICP, addressed the board describing the proposed special exception, variance and site plan. The plans submitted fully comply with the City requirements. The parking facility property is zoned correctly. Recommends approval of all three requests. Mike Mogerman, representing Festival Fun Parks, presented board with pictures of the proposed rides for variances. Described Water Park and parking lot. Board member Janowski asked petitioner where handicapped parking is located? Mr. Mogerman replied by stating that it is located right in front of the building, only 6 are required and he has 12. Board member Janowski asked if this is a permanent structure? Mr. Mogerman replied that it will be. Board discussed access to the parking lot from Bryan Rd. and other accesses. Board member inquired about location of the Sky Coaster on the site plan. Fire Marshall has reviewed the site plan with approval. Waste collection was discussed and was satisfied by the Board. Petitioner is leasing the FPL property where proposed parking lot is the be built. Board discussed site plan expiring upon end of lease. Board and petitioner discussed hours of operation, and upkeep of Fair located on petitioner property. At this time the Chairman opened the item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. Board has requested a timetable for removal of Billboards not acceptable to the Board. Mr. Mogerman stated he has no control of Billboards. Board discussed possible ways of resolving this issue. Motion made by Kevin Pierson to approve SE- 58-98, seconded by Pat Janowski. Motion passed on the following roll call: Planning and Zoning Board 9 DECEMBER 16, 1998 MINUTES Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes Upon passing the gavel, motion made by Chairman Lohmann to approve VA- 58-98 with condition that the petitioner will obtain information determining the life of the lease for billboards and seeking its non-renewal, seconded by Jason Dubow. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes Motion to approve SP-59-98 made by Jason Dubow, seconded by Kevin Pierson. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes 8. VC-60-98 —A request by Ronald Fontes, owner of Material Handling Systems, for vacation of road right of way. Growth Management Director, Terry Virta, AICP, addressed the board explaining the request made by the petitioner. There are no plans for the City utilize this right of way for roadway purposes. Recommendation should include the provision that all necessary letters of no objection from the cable company and city utilities should be obtained. Discussed letter from Mr. Dodge claiming to be the mortgage holder. Ron Fontes, the petitioner addressed the board explaining his business. Discussed resolving mortgage situation with Mr. Dodge. Board requesting from Mr. Fontes to get a copy the letter he sent Mr. Dodge and the reply letter stating he withdraws his objection. At this time the Chairman opened the item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. Chairman clarified that all adjacent properties where notified of this hearing as well as being published in the newspaper. Motion to approve VC-60-98 made by Kevin Pierson subject to receipt by the city attorney of the letter withdrawing the objection by Mr. Dodge, seconded by Jason Dubow. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes Planning 9 and Zoning Board 10 DECEMBER 16, 1998 MINUTES 10. SP-62-98 — Site plan request by Louis D. Bianco for a proposed duplex located at 4958 SW 581 Avenue. Growth Management Director, Terry Virta, AICP, addressed the board stating that the site plan fully complies the regulations. The Board should recommend to the City Commission that they approve this requested site plan. Louis Bianco, property owner spoke explaining proposed plan. The Chairman opened the item for public comment. Hearing no one and seeing on one, the Chairman closed the public hearing. Board discussed changing the items that come before the board regarding single family occupancy to be added to new business. Motion to approve made by Jason Dubow, seconded by Pat Janowski. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes 11. VA-63-98 — Variance requests by John Glarentzos for proposed renovations to the existing Amoco Gas Station located at 1554 S. Federal Hwy. Mr. Glarentzos is requesting variances from Chapter 28, Zoning, 1) Article 6.24 Service Stations, by allowing the continued use of a Gasoline Service Station within 350 yards of a residential district. 2) Article 6.63 Gasoline Service Stations (5)b. Signage and Lighting, by allowing the canopy's of the pump islands to be illuminated and have striping per Amoco's standards; 3) Article 4.202, Schedule of Lot, Yard and Bulk Regulations by allowing less than the required 10' setback for the building and canopy; 4) Variance from Chapter 26, Vegetation, Section 26-50 (a) & (b) by requesting a variance from the buffering requirements. SP-64-98 — Site Plan request by John Glarentzos for proposed renovations to the existing Amoco Gas Station located at 1554 S. Federal Hwy. Growth Management Director, Terry Virta, AICP, addressed the board describing the that applicant owns a non-conforming gasoline service station that has existed at this location for several years. In tearing the existing structure the site losses it non-comforming status and must either be rebuilt to current standards or variances have to be granted . Mr. Virta believes that the variance from the landscaping requirements should be granted as well as the waiver of the 350 yard request. Expressed concerns waving the design guidelines and does not support this request. Presented the Board with photos of pictures taken in Port Orange area which have a pitched roofed canopy as opposed to the flat roof canopy petitioner is proposing. Lily Glarentzos, addressed the board describing the improvements planned for this site. Explained that roof cannot be pitched due to the equipment stored on Planning and Zoning Board 11 DECEMBER 16 1998 MINUTES the it. The Chairman opened the item for public comment. Steve Garrett, owner of property adjacent to site, questioning if he can change his residential property to commercial. Asked Board on the procedure on how to rezone property. Maria Xiradakis, addressed the board, expressing her concerns with lighting in the area not being efficient and drugs being sold. Approves of proposed improvements and turning her property into commercial zoning. Hearing no one and seeing no one further, the Chairman closed the public hearing. The Board asked Ms. Glarentzos to change site plan to have fill truck hoses out of way of the traffic entering and exiting gas station which could cause a fire safety hazard. Betty Loynaz, Architect and designer of site plan, stated that tanks would have to be relocated to move caps for fueling. Suggested refueling at low volume times and blocking off with cones. Tanks are only 5 years old and meet all safety requirements. John Glarentzos addressed the board stating that trucks arrive at night and only safety cones have been used for 30 years without problem. Board wanted more information regarding variances from the design guideline for the canopy. Petitioner responded by stating that Amoco is providing in their package an illuminated back lit canopy with logo and striping. Board discussed adding pitch to flat roof on main building and island canopies. Petitioner will make adjustments to main building so that roof looks pitched by putting a mansard on top of the flat facia. Discussion on different ways to add pitching to island canopies were discussed. Petitioner stated reasons to approve pole sign variances due to traffic safety hazards. Board discussed moving monument sign east for more visibility instead of approving a pole sign. Board suggested to the petitioner to amend the variance request and address the board at the next meeting. Upon passing the gavel, motion to approve variance as stated in Chapter 28, Zoning, Article 6.24 by allowing the continued use of a Gasoline Service Station within 350 yards of a residential district made by Victor Lohmann, seconded by Kevin Pierson. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes variance from landscape Motion to approve va requirements as stated in Chapter p 26, Vegetation, Article IV, Section 26-50 (a) & (b) in lieu of a contribution to the City Tree Fund made by Victor Lohmann, seconded by Jason Dubow. Motion passed on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes Motion to continue variance from design guidelines as stated in Chapter 28, Zoning Article 6.63, sections (1)a - Applicability and (5)a & (5)b - Signage and Planning and Zoning Board 12 DECEMBER 16, 1998 MINUTES Lighting made by Victor Lohmann, seconded by Jason Dubow. Motion to continue on the following roll call: Pat Janowski - yes Jason Dubow - yes Victor Lohmann - yes Kevin Pierson - yes Motion to approve variance as stated in Chapter 28, Zoning, Article 4.202, Schedule of Lot, Yard and Bulk Regulations by allowing less than the required 10' setback for the building and canopy made by Victor Lohmann, seconded by Jason Dubow. Motion passed unanimously. Motion to continue SP-64-98 to next Board meeting made by Jason Dubow, seconded by Pat Janowski. Motion passed unanimously. 12. PL-65-98 — Request for plat approval by Paul Lovesky of McLaughlin Engineering, representing owner Jacques Gallet, for property located on the southeast corner of SW 12th Avenue and SW 1st Street. The proposed plat will be entitled "The Carib Plat No. 2". Growth Management Director, Terry Virta, AICP addressed the Board describing the property as one lot subdivision located at the SE corner of SW 12th Ave. and SW 1st Street. There does not seem to be anything unique or peculiar about this proposed plat. Recommending to act favorably on the request. Board asked Mr. Virta why there are no lots on the map pertaining to this site. Mr. Virta answered by stating this is a one lot plat. Board questioned how many buildings will be on lot. Scott McLaughlin, Engineer spoke on behalf of the petitioner. Addressing the Board describing the property as a 2.35 acre site that is going to be continuous with the adjacent parcel to the south being Carib Plat. The Chairman opened the item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. Motion to approve plat as submitted made by Jason Dubow, seconded by Pat Janowski. Motion passed unanimously. Adjournment Planning and Zoning Board 13 DECEMBER 16, 1998 MINUTES