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HomeMy WebLinkAbout1998-11-18 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY NOVEMBER 18, 1998 7:30 P.M. Roll Call — Present: Staff: Victor Lohmann Terry Virta, AICP — Growth Management Director Jason Dubow Thomas Ansbro — City Attorney Pat Janowski Board Clerk— Lou Ann Cunningham Bob Adams Kevin Pierson 2. Approval of Agenda —The agenda remained as presented. OLD BUSINESS — PUBLIC HEARINGS 4. VA-48-98 - A request by Herb Green, Project Engineer for Avid Engineering, Inc., representing Mark Sheldon of Regal Ventures, Inc., for the following variance requests for property located on the Southwest corner of Griffin Rd. and SW 31st Ave., just to the North of the Oakbridge Townhome Development: 1) Variance from Chapter 26, Vegetation, Section 26-50 (b)(1) which states that when any business or commercially zoned or used property, directly abuts on a residential zoned or used property, (without separators between them such as a street, alley, canal or other public open space) then the business or commercially zoned or used property must provide a six-foot masonry wall or solid wooden fence five (5) feet off of the residential zoned or used property. The petitioner is requesting that the existing six foot high masonry wall be used to satisfy this requirement. 2) Variance from Chapter 28, Zoning, Article 6. Supplementary Use Regulations, 6.63 Gasoline Service Stations; (3b.) Appearance. and 6.64. Principal Arterial Commercial Design Standards Overlay, (4d) which state that roofs shall be pitched with generous overhangs. The roofing shall be incombustible material such as shingle, clay tile, cement tile, or metal. The petitioner wishes to construct "Parapet Roofs" in lieu of peak roofs on the 7-Eleven and Publix buildings. SP49-98 - A request by Herb Green, Project Engineer for Avid Engineering, Inc., representing Mark Sheldon of Regal Ventures, Inc., for site plan approval of a Publix Shopping Center and 7-Eleven Convenient Store/Gas Station located on the Southwest corner of Griffin Rd. and SW 31 st Ave., just to the North of the Oakbridge Townhome Development. Planning and Zoning Board 1 NOVEMBER 18, 1998 MINUTES 0 i Terry Virta, AICP, Growth Management Director, addressed the board stating that he would like the petitioners to address the board presenting the changes made as a result of the meeting with the residents of the Oakbridge Townhomes. He made a comment as to the variance from the design guidelines, stating that he would like to see the fagade treatment continue the entire length of the building and to wrap the corners, giving the whole elevation the appearance of having an elevated roof structure. Mr. Herb Green, of Avid Engineering, representing the petitioner Regal Ventures, addressed the board regarding the petition for a Publix shopping center. Mr. Green briefly explained some of the concerns made by home owners of the Oakbridge Townhomes. He further explained that the 7-eleven gas station / convenience store was removed from the proposed site plan; re-arrangement of the structure to minimize the traffic on 32"d Ave. by putting the back of the store on Griffin and 311 Ave., but found that this would increase traffic on 32"d Ave. instead of decrease it; and finally the conflict of truck delivery's and the children waiting for the school bus on Griffin Rd., and trash compactor location and truck location. He further stated that upon meeting the citizens at a second meeting after visits to various Publix sites, that the trash compactor issue was not a problem, i.e. no odor or noise. He then addressed the truck delivery issue, stating that the number of trucks in a week is approximately 6 to 8 deliveries in a weeks time and that the trucks are turned off while waiting to unload. Mr. Green offered additional greenspace in lieu of a higher wall buffering the store from the residents. He then presented plans for a "Bus Bay" on 32"d Ave., closer to the Publix site, where the children could gather while waiting for the school bus in lieu of them waiting on Griffin Rd.. In closing, he discussed the issue of the turning radius on 311 Ave., for trucks entering the site, stating that it should not obstruct traffic travelling north. Mr. Green summarized the request as being a recommendation of approval for the site plan based on the variances for the roof line, wall, elimination of the variance for the gas station and the ability to allow Publix to expand the parking area into the outparcel to the northeast. Growth Management Director, Terry Virta stated again that staff would support the variance for the roof line, provided that it continues the fagade along the building and around the corner. At this time, the chairman called for all wishing to speak tonight to stand, state your name to be sworn in collectively by the Clerk. The chairman opened the public hearing on VA-48-98 and SP-49-98. Bill Garcia 4927 SW 31' Terr., Dania addressed the board stating that everything mentioned by Mr. Green has not been affirmed by the Homeowners Association, and that the residents are against trucks entering in on SW 32"d Ave. Neil Lifschitz spoke about the meeting held with homeowners and the bus berth being provided for the children, stating that the petitioner should speak as to how the children will get to the bus berth, from the interior of the complex. He further Planning and Zoning Board 2 NOVEMBER 18, 1998 MINUTES • • commented on the wall and the possibility of people climbing the wall and the fumes from the trucks behind the wall, suggesting the possibility of a higher wall. Hearing no further comments from the public, the chairman closed the public hearing. Comment was made regarding restrictions on delivery trucks and times in the current code. The Board Clerk verified that Chapter 17, Offenses, Section 17-90 restricts the times of delivery vehicles to between 10:00 pm and 7:00 am. It was suggested that another wall be put up on the opposite side so that the Homeowners wall would not be damaged. Discussion regarding trucks, not belonging to Publix, parked in the rear of the building running overnight was heard. Mr. Green addressed the duplicate wall scenario, stating that since the Oakbridge wall is set approximately a foot and a half in from the property line, this would leave the problem of vermin and other things accumulating between the 2 walls. Mr. Green also addressed the issue a sidewalk, he stated that there is an existing sidewalk that comes out of Oakbridge, and that they would be unable to resolve the children getting safely out of the interior of the project, he further stated that it was impossible to prepare a turning radius for the bus due to the gated entry of the project, so the bus bay had to be configured at a site which would encroach on the Publix site and that they would construct a sidewalk which would match the existing sidewalk in the complex. He further confirmed that this entrance would only be used by delivery trucks and possible stray cars or cars from the complex. As to the trees, Mr. Green stated that the trees would create a more pleasing aesthetic than a tall concrete wall, (Mahogany trees would be planted as the buffer); he further stated that stray trucks would be dealt with by the police. Mr. Mark Sheldon, of Regal Ventures addressed the board confirming that representatives from Publix attended the homeowners meeting and will cooperate to make sure that the public is happy with the development. He further confirmed that trucks will be shut down upon arrival to the site. The number of delivery trucks were discussed by the petitioner and board members and it was confirmed that the amount of delivery trucks arriving at the site will be greater than 6 to 8 times a week, also discussed was the waiting line for delivery trucks coming in to the site. It was discussed with the audience that the latest time for children waiting on the bus was undetermined. Mr. Green asked for clarification on whether the concern was the bus bay location or the delivery times for the trucks,stating that currently, the children are waiting out on Griffin Rd. for school bus pickup. Access from 31st Ave. was discussed and it was stated that it would be impossible for the trucks to manipulate within that limited area. Sharon Murphy, 4963 SW 32 Ave. addressed the board stating that the school buses will not come into the site to pick up the children. Further discussion entailed regarding the bus bay and the school board allowing the buses to enter into the site. An unidentified citizen addressed the board again stating that he does not want to see any trucks coming down 32"d Ave. Further discussion entailed about the number of trucks and times of delivery. The chairman stated for the record that the board has the opportunity to set restrictions concerning delivery times, that there is a petitioner before the board Planning and Zoning Board 3 NOVEMBER 18, 1998 MINUTES that has a quality development for this vacant parcel of land and that the petitioner is willing to work with the City and the public to meet their concerns. He further commended the petitioner for the removal of the 7-Eleven from the site. The petitioner commented on adding to the height of the wall, stating that it would not structurally support additional blocks on top of the wall. Further comment was made regarding the cooperation being made by the petitioner to add a bus shelter when not required to do so. Comment was made about blocking 32"d Ave. when trucks were lined up to get into the Publix site. Further discussion entailed regarding the conditions which would resolve the safety of the children waiting for the bus and the delivery trucks entering the site from SW 32"d Ave.. As a condition it was suggested that a bus shelter would be put in place, delivery times be restricted to 8:30 a.m. to 10:00 p.m. (meaning that at 10:00 p.m. no trucks would be on the site), further that if delivery trucks were to arrive at the site earlier than 8:30 a.m. they would keep going (no stacking of trucks allowed). City Attorney Ansbro stated that after tonight it should not occur at all, and that through the Code Enforcement Board, the petitioner would be responsible for the maximum fine for every occurrence of delivery trucks arriving prior to 8:30 a.m. Mr. Sheldon queried the nature of the restriction and suggested that his counsel consult with Attorney Ansbro regarding the Code Enforcement Board and the delivery times between now and the City Commission meeting. Attorney Ansbro clarified again that if the restriction is broken, that Publix would be responsible for a fine. Motion made by Bob Adams to recommend approval of the variance VA-48-98, conditioned upon delivery trucks arriving on the premise after 8:30 a.m. and leaving before 10:00 p.m. with a fine to be established for violation, installation of a bus shelter for the children, the condition of the roof line to be continued through to and around the corner of the building, and the foliage buffer to be higher than the wall and caliper of the trees to be a 5"—6" diameter, seconded by Pat Janowski. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes The petitioner requested that the site plan be approved with the possibility of transforming the entire outparcel into additional parking at a future date, contingent upon staffs review and approval. The chairman opened the item for public comment, hearing an unidentified citizen speak to regarding clarification on the outparcel, Tom Murphy addressed the board questioning the variances which were recommended for approval. Hearing and seeing no one further, the chairman closed the public hearing. Motion made by Kevin Pierson to recommend approval of the Publix site plan SP-49-98, seconded by Bob Adams. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Planning and Zoning Board 4 NOVEMBER 18, 1998 MINUTES • • Kevin Pierson - yes Relating to the future use of addition parking on the outparcel site, a motion was made by Jason Dubow to recommend approval of the site plan for the future parking area, contingent upon an alternate parking plan be ready for Commission review at time of approval, seconded by Kevin Pierson. Motion passed on the following roll call: Bob Adams - no Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes NEW BUSINESS — PUBLIC HEARINGS 5. VA-50-98 — A request by K & B Construction and Mark F. Butler, Esq., representing Hitching Post Mobile Home Park of Dania Beach (Limited Partnership), for a variance from Chapter 28 Zoning, Article 4. District Regulations, Schedule of Lot, Yard and Bulk Regulations for the RS-6000 Zoning District. The RS-6000 zoning district requires 6,000 sq. feet of area, a lot width of 60 feet and a lot depth of 90 feet. The petitioner wishes to construct five (5) single-family residences on a site which is 294 feet in width where 300 feet are required. Growth Management Director, Terry Virta, AICP, addressed the board to explain the variance request. He described the request as being a proposal to construct 5 single family residences in an RS-6000 zoning district, which requires a minimum lot width requirement of 60', on an area of land which is approximately 294' wide and would be 6' short of the required width total. He further explained that the depth of the lots are greater that what is required for this zoning district, and by spreading the variance out between all 5 lots, each lot would only be approximately 1 to 2 feet short of the required width. Mark Butler, Attorney with the firm Ellis, Spencer and Butler representative for the contract purchaser / petitioner, K & B construction, addressed the board to explain the request. Attorney Butler described the site for the board and the proposed development. Attorney Butler mentioned that to the north of the 294' site is a 7' alleyway, which does not appear to be vacated and is dedicated to the plat of Forest Homesites. He concluded asking for a favorable recommendation by the board consistent with staffs report. The chairman opened the item for public comment. Hearing no one and seeing no one the public hearing was closed. Motion made by Bob Adams to recommend approval of variance VA-50-98, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes Planning and Zoning Board 5 NOVEMBER 18, 1998 MINUTES 6. VA-51-98 — A request by Synalovski Gutierrez Architects, Inc. representing Reilly D. Richards owner of property commonly known as "Richards Furniture", for a variance from Chapter 28 Zoning, Article 6.21 Schedule of Off Street Parking Requirements. The petitioner would like to reduce the required 58 parking spaces to 48 spaces in conjunction with the construction of a three story office building located at 302 North Federal Highway. The petitioner is also requesting a variance from Chapter 26, Vegetation, Section 26-50 Landscape requirements for areas separating business, commercial and industrial property from residential property (b). The petitioner would like to reduce the required 10 foot landscape buffer, which separates commercial property from residential property, to 4.33 feet. SP-52-98 — A request by Synalovski Gutierrez Architects, representing Reilly D. Richards, for site plan approval of a 3 story office building at 302 North Federal Hwy. Dania Beach, which would replace the existing building commonly known as "Richards Furniture." Growth Management Director Terry Virta, AICP, addressed the board to explain the proposed variance and site plan request. Mr. Virta described the project as being the first new construction in the downtown area meeting the current Commercial Design Criteria, and hopes this will set the stage for re-development in the downtown area. He described the existing non-conforming structure that exists without parking. The proposed parking variance results from the site not being able to accommodate the additional 10 car spaces and with the proposed 48 spaces, will encroach into the east buffer area resulting in a second variance. Mr. Virta stated currently, no buffering exists between the existing commercial site and the residential area. Mr. Virta addressed the issue of the way parking should be handled with the redevelopment of downtown; in some of the other cities, the have allowed people to put in less parking and a mitigation fund or assessment is required to pay for parking to be installed at a future date. Mr. Virta described some ideas planned for the zoning code relating to parking standards in the downtown area so that the area isn't turned into a parking lot. He concluded recommending approval of the proposed variance and site plan requests. Mr. Carlos Gonzales, Synalovski Gutierrez Architects, addressed the board and discussed the proposed development. He described reasons for the site's configuration and the parking and buffering proposal. He went on to describe the landscaping and elevation of the site. He described the use being proposed as an "A" Class office building. He concluded offering answers to any questions by the board. The chairman opened the item for public comment. Rochelle Rice 19 NE 3rd St. addressed the board stating that the office building would effect her property, by placing a wall separating the building from her property. She brought up other issues relating to the construction process of the building and how it will effect her property, and the parking which may overflow on to her property. Joe Galloway Planning and Zoning Board 6 NOVEMBER 18, 1998 MINUTES • W 301 NE 2nd Ave., addressed the board he read 2 letters from neighborhoods which spoke against the variance due to an increase in traffic and against the reduction of landscaping. Hearing no one and seeing no one further, the chairman closed the public hearing. Mr. Virta responded to comments made regarding the parking and height of the building, stating that it is common in zoning ordinances to see a lesser parking requirement for 2"d and 31 floor offices, reason being that the upper floor offices generate less traffic than ground floor uses do, and our current ordinance doesn't address this issue; also as to the building height, the height of this proposed building is within the zoning standards for this district. Mr. Gonzales then responded to comments made regarding the proposed wall, stating that it would be a fully finished 6' wall, (which is required by the landscape code), for both sides of the property. The variance requested is for the interior of the wall and not the side abutting the neighbor, he further stated that the exterior side of the wall facing the neighbor will be finished with stucco, painted and maintained by the petitioner. Mr. Gonzales continued stating that the existing wooden fence, which is in disrepair, belongs to the "Richards Furniture" property and is in fact set in 3 feet in on their property, it is the petitioners desire to remove this wooden fence and replace it with something that is durable and nicer looking. He continued that currently there is a loading dock that is full of trucks, the petitioner will be removing the retail use and providing a "friendlier" professional office type use in it's place. Mr. Gonzales addressed the traffic problems, stating that they currently exist due to the lack of organization with the existing building and that the proposed design with the addition of the proposed parking layout should rectify this problem. Mr. Gonzales referenced an FDOT traffic analysis reporting the differences in retail use compared to office use. He invited the public to review the site with him to address any of their concerns. He concluded stating that the use would be positive economically for the city. In response to questions by the board, Mr. Gonzales stated that the number of offices proposed for the use is six. Jason Dubow questioned whether he would pose a conflict of interest due to the fact that he has represented both the petitioner as well as the resident who has spoke against the petition. Attorney Ansbro confirmed that as long as Attorney Dubow is not involved in a current conflict which either party, there is not a conflict of interest. Ms. Rochelle Rice addressed the board again stating that she was under the assumption that the fence was on her property, and as such she would like for the petitioner to replace the fence on to her property once the wall is constructed, she also was concerned about the existing buildings and trash on the property and that she would lose her neighbors. Mr. Galloway addressed the board again regarding landscaping, parking and traffic. In response to the board's request, Growth Management Director, Terry Virta, AICP, reiterated why this project fits in with the City's Downtown Redevelopment Plan. He stated that this project would take an existing site and non-conforming structure, and by removing it, bring the site significantly up to compliance with the current code, with the exception of the small buffering and parking space variances. He further stated that as this building exists, it could be occupied without having to comply with parking and buffering, in this non-conforming state. Planning and Zoning Board 7 NOVEMBER 18, 1998 MINUTES • He concluded stating that the petitioner is offering the first attempt at redevelopment and conformance of the site to newly established design guidelines, and feels the project is an asset to the uniqueness of the Downtown District. He clarified that the 6' wall is the City's requirement as part of the landscape code. The board discussed the project further as to Fire Marshal review and if there were any proposed tenants. Jan Simmons addressed the board stating reasons why they chose to remove the building and rebuild, i.e. nothing was up to code. She confirmed the tenants will be strictly office use only, such as professional use as Attorney's and Architects, and would accept this as a condition of the variance. Further discussion by the petitioner / owners, City Attorney, Growth Management Director and the board entailed. It was suggested by staff that perhaps the city should look at mitigation strategies for parking for variance situations such as this. Motion made by Bob Adams, to recommend approval of the variance, subject to the condition of the proposed parking saturation, maintenance of the wall on both sides and the agreement of no retail use at the site, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes The chairman requested that staff look into a mechanism that would require a payment as mitigation for parking and landscaping in situations such as this in the downtown district. City Attorney Ansbro stated that he would report to the City Commission, under Attorney Reports, at the next meeting, the ideas expressed by the board regarding parking strategies and mitigation relating to variances. 8. VA-56-98 — A request by Keith and Schnars, representing Elias Gunnell III, President of Derecktor-Gunnell, Inc., for a temporary 5 year variance from Chapter 26, Vegetation, Article IV Landscaping, and Chapter 28, Zoning, Article V. Off Street Parking Requirements, Sec. 33-211 and 33-214. The petitioner would like to request that he be allowed temporary parking in the FPL easement adjacent to his property, without the installation of landscaping and paving, for a period of five (5) years while the Marina commonly known as Derecktor-Gunnell, Inc., 755 Taylor Lane, is in under construction renovation. Terry Virta, AICP, Growth Management Director, addressed the board regarding the petition for variance and site plan. He stated that the petitioner is planning on significantly redeveloping the site, and are asking for permission to establish temporary parking beneath the FPL easement to the north of the site for approximately 5 years. The petitioner has plans to install a 200' x 50' elevator slip, which will enable them to service the larger yachts. Mr. Virta closed stating that staff recommends approval of the variance as well as the site plan. Mr. Arnold Ramis of Keith and Schnars, addressed the board and introduced the owners Mr. Derecktor, Mr. Gunnell and the Architect, Bob McIntyre of Ram Planning and Zoning Board 8 NOVEMBER 18, 1998 MINUTES 0 0 Designs. Mr. Ramis continued, describing the site and the proposed renovations to the board. He further described the FPL site, and the reasons for the relocation of the parking to this site and for the requested variance from the parking and landscaping requirements. Mr. Ramis then described the site plan, indicating that this process was being performed to formally bring the existing buildings into compliance with the site plan requirements. At this time, Bob McIntyre addressed the board and described the site plan and proposed temporary parking area. At this time, the Chairman opened the item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. Questions concerning the reasoning for temporary parking were addressed. The petitioner responded, stating that the temporary parking would be necessary for overflow parking during the construction and dredging period. Future landscaping and paving for this site was discussed in the event that a long term lease or permanent purchase of the FPL site was granted. At this time, Attorney Ansbro commented on possible off site mitigation in exchange for the granting of the landscaping variance. The petitioner stated that he would support the cost of landscaping, and that between now and the City Commission meeting, he would work up a cost of landscaping his parking site and be prepared to report that amount for landscape mitigation in exchange for the granting of the variance. All in agreement, a motion was made by Bob Adams to recommend approval of the variance VA-56-98, with the condition that the petitioner works out with the City Commission a quid pro quo of the cost of landscaping for the granting of the variance, seconded by Jason Dubow. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes As to the Site plan request SP-51-98. The chairman opened item for public comment. Hearing no one and seeing no one the hearing was closed. Motion was made by Bob Adams to approve the site plan, seconded by Kevin Pierson. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes 9. SP-57-98 - A request by Keith and Schnars, representing Elias Gunnell III, President of Derecktor-Gunnell, Inc., for site plan approval for additions and renovations to the existing marine use facility commonly known as Derecktor- Gunnell, Inc., located at 755 Taylor Lane, Dania Beach. The chairman asked for comment from the petitioner, staff or public. Hearing no one and seeing no one, the chairman closed the public hearing. Motion made by Planning and Zoning Board 9 NOVEMBER 18, 1998 MINUTES • i Bob Adams, seconded by Kevin Pierson to recommend approval of the site plan SP-57-98. Motion passed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes 10. SE-58-98 - The request of Mike Mogerman, representing Festival Fun Parks, for a special exception use to allow said parcel to be used as a permanent Commercial Recreational use, as provided in Chapter 28; Zoning Article 4.20 Schedule of Use Regulations; Special Exceptions under the I-G zoning category. The location of said parcel is 1800 NW 'It Street, Dania (commonly known as Grand Prix Race-o- Rama.) The request is in conjunction with a future proposed site plan to construct a Water Amusement Park on the site. Growth Management Director, Terry Virta, AICP addressed the board regarding the proposed request. He stated that staff is not in a position to make a recommendation on this request at this time. He further stated that the complete plans for this project were not received until the Tuesday afternoon prior to the Agenda's distribution, the deadline for submission being 30 days prior to the hearing, and staff was unable to properly review the request. City Attorney Ansbro addressed the board, petitioner Mike Mogerman and Mr. Virta stating that he spoke to Mr. Mogerman and relayed to him that the board can hear a conceptual plan to get a feel for the project. The petitioner Mike Mogerman addressed the board and staff, apologizing for the lateness on the submission of this petition and the previous request for Magical Village. He explained the two issues that are of concern to him and the new owners, one being the zoning issue for the allowance of a special exception for a commercial recreational use. The second issue is approval of a site plan for the water park, and agrees that this plan is just a conceptual plan. He concluded that he is looking for a favorable recommendation to the Commission on the special exception use. Discussion by the board on whether to take action on a recommendation for the special exception was heard. The board confirmed that they could not make a formal recommendation to the Commission on the special exception, but would take some time to review the request and comment on the proposal. It was noted that any requests for continuances should be informed at the beginning of the meeting. Motion made by Bob Adams to continue this item to the December 16, 1998 meeting, seconded by Pat Janowski. Motion failed on the following roll call: Bob Adams - yes Pat Janowski - yes Victor Lohmann - no Jason Dubow - no Kevin Pierson - no Attorney Ansbro addressed the board regarding the proposed petition and the conceptual idea of a Water Theme Park. He further stressed the importance of timely submission of petitions for staffs review. Attorney Ansbro stated that they Planning and Zoning Board 10 NOVEMBER 18, 1998 MINUTES 0 6 could be review the concept and give their position on the use. The Chairman stated that they could give a vote and a recommendation on which direction, he clarified that this would not give the petitioner a recommendation that would grant him specifically a special exception for a specific theme park, but would give him something to take to the investors that says the board is favorable of the idea of a special exception for a water theme park for the site. Mr. Mogerman asked for clarification on what was going to be voted on this evening. The Chairman clarified again that a special exception and site plan would have to be revisited by the board for specific approval at the next meeting. Further discussion was heard by the board on what was being voted on this evening. City Attorney Ansbro clarified that the special exception request can not be voted on for formal approval this evening. The Chairman explained that he is not comfortable giving a special exception for a project that is unnamed and at the same time he wants to help the petitioner bring back an idea that he can report to his investors which would help support the project. City Attorney Ansbro again reiterated that this issue can only be addressed as a concept, and it can not go to the City Commission as anything but a concept, and cannot be recommended by this board for anything but a paint ball field was discussed and it was clarified that the concept. The use of the a , P P petitioners went back before the Commission due to a misunderstanding of when the 6 month period began. It was discussed whether the board could approve a recommendation that the board approves the special exception with the condition PP P that the site plan would be subject to conditions, the City Attorney agreed that there is advice out there to make it work (i.e. conditions on a site plan.) Motion made by Jason Dubow to recommend approval of the special exception request with the condition that the site plan be subject to conditions, seconded by Kevin Pierson. City Attorney Ansbro again reiterated that this is being done because this is just a conceptual action, the board then discussed a time limit for the entire site plan must be brought to the board within 30 days (December 16, 1998), and that the Commission will hear the petitions on January 12, 1999. They further stipulated that a plan must be brought to Mr. Virta to review by November 30. Jason Dubow amended the motion to state that the site plan must be approved within 6 months, seconded by Kevin Pierson. The motion passed on the following roll call: Bob Adams - no Pat Janowski - yes Victor Lohmann - yes Jason Dubow - yes Kevin Pierson - yes The City Attorney confirmed that the approval was for a request for a conceptual special exception and would not be a formal special exception request, would not be advertised as such, and would be heard at the next City Commission meeting as a discussion item. Adjournment Planning and Zoning Board 11 NOVEMBER 18, 1998 MINUTES