HomeMy WebLinkAbout1998-10-21 Planning and Zoning Board Minutes •
MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
WEDNESDAY
OCTOBER 21, 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 -Absent
2. Approval of the minutes from the August and September Planning and Zoning
pp 9
Board Meetings. Motion made by Bob Adams, seconded by Pat Janowski to
approve the minutes from August and September as presented. Motion passed
unanimously.
3. Approval of Agenda — Request to remove item 6 - VA-35-98 and SP-36-98. Due
to noticing requirements, item 4 — Transmission of Comprehensive Plan to be
discussed at the end of the meeting, so that the board can continue the item to
Special Meeting.
OLD BUSINESS
6. PETITIONER HAS REQUESTED WITHDRAWAL OF ITEMS VA-35-98 AND SP-
36-98.
VA-35-98 — The request of Robert A. McIntire, Ram Designs, Inc., on behalf of the
property owner, Luke Meyer, President of Federal Plaza Inc., for a variance from
Chapter 28, Section 6.64 "Principal Arterial Commercial Design Standards
Overlay", item (4)(d) which states, "Roofs shall be pitched with generous
overhangs. The roofing shall be incombustible material such as shingle, clay tile,
cement tile, or metal." The petitioner is requesting a variance to construct a roof
on a proposed 13,297 sq. ft. retail center which does not meet the pitched roof
requirement. The property is located on the east side of U.S. #1 between SE 13th
Terrace and SE 13 h Street.
SP-36-98 — The request of Robert A. McIntire, Ram Designs, Inc., on behalf of the
property owner, Luke Meyer, President of Federal Plaza Inc. for site plan approval
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of a 13,297 sq. ft. retail center located on the east side of U.S. #1 between SE 13th
Terrace and SE 13th Street.
THIS ITEM WAS WITHDRAWN AS REQUESTED - UNANIMOUSLY
Chairman Lohmann called anyone being represented by legal counsel or professional
consultant to state their petition number. Item 9 was moved to the beginning of the
agenda. The Chairman then asked all persons wishing to be heard tonight to stand,
state their name and be sworn in by the clerk, collectively.
9. 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 31 st
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,
6.20(a) Location of exits and entrances, which states that no gasoline service
station shall have an entrance or exit for vehicles within three hundred and fifty
(350) yards, which distance shall be measured by following the curb line or
edge of roadway where no curb exists, of the shortest vehicular route to the
nearest point of the grounds of any school, public recreation area, church,
chapel or residential district; and provided further that such access shall not be
closer than thirty (30) feet to any intersection. The petitioner is requesting a
variance to allow construction of a gas station with an entrance less than 150
feet from the north boundary of the town house community commonly known as
the "Oakbridge Development."
3) 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.
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SP-49-98 - 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.
Growth Management Director, Terry Virta, AICP addressed the board describing
the proposed variances and site plan request for a Publix shopping center and a 7-
eleven convenience store and gas station, located to the north of the Oakbridge
town home development. He explained the 3 variance requests before the board
in conjunction with the site plan. The first variance is from the requirement of a 6'
landscaping wall to be placed along the buffering strip along the southern property
line, due to the residential development already having a landscape wall in place.
The second request is for a waiver of the 350 yard distance requirements for gas
stations and residential districts. The third request is for relief from the
commercial design guideline standards which require roofs to be pitched, where
Publix as well as the 7-eleven wish to keep the roofs flat so that the a/c and other
mechanical equipment can be placed there. Mr. Virta stated that staff supports
the variance from the requirement of a 6' wall, due to the fact that landscaping
maintenance would be negatively affected with the installation of a duplicate wall.
He stated that staff could not support the request for the installation of a gas
station within 350 yards of the residential development, due to lack of sufficient
hardship being shown. Mr. Virta addressed the final variance, stating that staff
met with the applicant, and that they would work on an enhancement which would
come close to a pitched roof appearance. He also confirmed that the petitioner
agreed to the installation of sidewalks along SW 31st Ave.. Mr. Virta stated that
one of the board members requested a traffic analysis for the site, which he was
unable to obtain from the City's traffic consultant. He further stated that the city's
code does not require traffic impact analysis for new developments. Mr. Virta
discussed the adequacy of right of way along SW 31st Ave., and within the area
included in the site plan, there appears to be adequate right of way. He
concluded his summation recapping the recommendations as being supportive of
the variance from the wall requirement, supportive of the variance regarding the
pitched roof with the condition that the petitioner work with staff on an agreeable
design, non-supportive of the request for a gas station within 350 yards from the
residential area.
At this time the Chairman commented on turning lanes into the site, which Mr. Virta
stated can be answered by the petitioner, as he is dealing with FDOT, and is
planning a project on the north side of this site as well. Mr. Virta further confirmed
that the site is adequately served by SW 31st Ave., and after further discussion,
stated that the concerns on SW 31 st Ave. can be better answered by the
engineering firm which represents the petitioner. At this time the Chairman
called representatives for the petitioner to address the board to present the
proposed plan. Mr. Herb Green of Avid Engineering, addressed the board as the
civil engineering consultants for the petitioner Regal Ventures for construction of a
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Publix and 7-Eleven /gas station to discuss the needs of ingress brought up by the
board and staff and the requested variances. Mr. Green explained the
economical reasons why the Publix and 7-Eleven / gas station wish to co-use this
site. He further explained that the distance from the residential area to the gas
pumps are approximately 500 feet of travel which he feels is less intrusive. Mr.
Green then explained the access requirements FDOT has placed on the project in
terms of traffic requirements. He stated that they(FDOT) has required a right turn
into the project from Griffin as well as from 31 st Ave., and most of the accesses will
come as a right turn or 31st Ave., other users will be by the residential access road
just to the west of the property. Mr. Green went on to discuss the travelway for
fuel trucks coming into the site via 31st Ave.. The board questioned the path of
non-fuel delivery trucks coming into the site. Mark Sheldon of Regal Ventures
addressed the board stating that FDOT has required a left turn lane at 33rd Ave. to
turn into the site. Further discussion by the engineer, petitioner and board
members regarding the turning radius of trucks on to the site from 31st Ave. was
heard.
At this time the Chairman opened the item for public comment. Conrad Taylor, VP
of the Oakbridge Home Owners Association development to the south of the
project. He commented positively on the Publix shopping center but spoke
against the 7-Eleven and the gas station due to the number of convenience stores
and gas stations along Griffin Road, as well as safety concerns due to the gas
station being in close proximity to the residential development. He spoke against
trucks entering in from 31st Ave. due to the turning radius into the project as well as
the delivery trucks entering in the main entrance on 33rd Ave. He also stated that
with traffic coming in from 33rd Ave., it may pose a danger for children waiting for
the school bus. Cheryl Virgo, President of the Oakbridge Home Owners
Association addressed the board with statements regarding the proposed
development. She commented that 31st Ave. is a major thoroughfare for Fire /
Rescue for the City of Hollywood as well as for Broward County Mass Transit
Route; she also doesn't think the road can be widened, due to the existing
sidewalk and private ownership of properties along 31 st Ave.; Ms. Virgo stated that
350 yards is mandatory for residential areas to be away from gasoline pumps and
through personal experience, 350 yards is still too close when involved in a
gasoline fire; she also noted concerns with the entry of delivery trucks and the
times of arrival for the refrigerator trucks, due to noise. She concluded,
commenting that the petitioner should take responsibility for maintenance of the
shared wall in case of destruction by the delivery trucks. Susan Casalotti,
Treasurer of the board at Oakbridge ..., echoed concerns of the previous citizens,
and supporting the light at the Wd Ave. entrance but had concerns with the traffic
that would be generated on that road and would only like to see that road used as
an entrance way for residents of Oakbridge. Sherrie Chadwick spoke against the
convenience store for reason of crime and the many already existing on Griffin Rd.
and repeated concerns of the other citizens as to traffic and access on both 31st
Ave. and 33rd Ave.. Joe Castronovo representing the homeowner at 4934 SW
32"d Ave., spoke against the project being allowed to develop without pitched
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roofs, he also concurred with the other citizens concerns. Robin Alarcon stated
that a child was hit by a car in front of the entrance waiting for the school bus just
this morning, she spoke against the proposed accesses on 31 st and 33rd Ave. on
the site and the additional gas station to the area. Doyle Rowan spoke as to the
350 yard gas station requirement. Benny Fresco spoke for the Publix and against
the 7-Eleven and gas station. Amy Mujica spoke regarding the same concerns as
others, adding that the plan may be better served by another co-use such as a
bank or video store. She added that there are 5-8 gas stations and approximately
4 convenience stores along Griffin. Kim Cotugno concurred with the objections
stated this evening, she confirmed 7 gas stations down Griffin. Tom Murphy
spoke against all variances proposed, spoke of safety for children waiting for bus
on Griffin Rd.. Hearing and seeing no one further, the Chairman closed the public
hearing and for board discussion.
Board member Adams questioned an ordinance that regulates delivery times, and
the accuracy of the engineer's radius turn, and spoke in strong opposition of the
gas station being so close to the residents. The Chairman discussed the wall, and
suggested that with the proper landscaping plan buffering can be achieved. He
spoke unfavorably of the gas station and felt that other franchises, which do not
include a fueling station, could be obtained as a co-use; The Chairman sited Bass
Pro's roof as an example of a flat roof which gives the appearance of a pitched
roof(s), as well as, the renovated Publix, located on Young Circle in Hollywood,
which gives the same appearance. He encouraged the petitioner to work with
staff to resolve these concerns to obtain a favorable recommendation from the
board.
Mr. Herb Green addressed some of the citizens concerns regarding access on SW
31 st Ave. and the school bus stop on 32"d Ave.. He further stated that the project
will not further impact the traffic situation on Griffin and 32"d since it is an existing
problem and the site is approved for commercial development. He stated that
EPA has been contacted regarding the canal and potential problems. He
confirmed that any damage to the wall will be provided by the petitioner, and that
additional landscaping is part of the plan, (greater than 15 — 20 feet) on all sides of
the project. Mr. Green spoke to the right turn to 31St Ave., and confirmed that it is
within variance. He concluded, stating that they would like to request continuance
of the petition at this time until the next meeting so that the issues brought before
the board tonight can be addressed with staff. He presented to the board a copy
of the elevation showing the appearance of a pitched roof in a section of the
frontage. There was further discussion by the board on the concept of the 1± acre
outparcel and other users. It was also suggested that the petitioner coordinate
with the homeowners association and address their concerns. Motion made by
Bob Adams to continue items VA-48-98 and SP-49-98 until the next regular
Planning and Zoning Board meeting on November 18, 1998, seconded by Jason
Dubow. Motion passed unanimously.
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7. TX-46-98 - Petitioner Howard E. Burgess and John Daglaris have requested to
amend Chapter 28, Zoning Article 4.20 Schedule of Use Regulations, by amending
the text in the C-2 Commercial District classification, in paragraph (2.) under the
"Permitted Uses" column, by deleting the phrase "TRUCK, TRAILER" and by
adding to the "Special Exception Uses" column, paragraph (5.) "Storage Display
and Leasing of Trucks/Trailers or Boats as an accessory Use to a Retail
Establishment."
The petitioner is requesting this change to continue the storage and leasing of U-
Haul Trailers at the site located at 450 East Dania Beach Blvd., commonly known
as the "911 Food Store".
Growth Management Director Terry Virta, AICP, addressed the board to explain
the request which would amend the C-2 zoning district by allowing facilities to have
rental of U-Haul's. He further explained that the owner of the convenience store
on SE 5th Ave. and Dania Beach Blvd., has been renting for the past few years u-
haul vehicles from his premises which is in violation of the zoning code, and has
been brought before the Code Enforcement Board. Mr. Virta stated that the
owners are now attempting to amend the zoning code so that they may continue
their operation. Mr. Virta read from the zoning code, which specifically prohibits
the use of leasing and renting these vehicles, and as such staff cannot support the
request for zoning code amendment due to the fact that it would do violence to the
C-2 district and would recommend that the board not act favorably on the request.
Mr. Virta passed out photos from 9:00 am this morning showing the amount of
vehicles on the small site.
At this time Emerson Allsworth addressed the board representing the owner H.
Burgess and tenant John Daglaris. Mr. Allsworth gave a brief history of the site
and the operation, which he stated has been there for 13 years. Mr. Allsworth
asked that the text change be recommended and then the petitioner would apply
for a special exception use at the next meeting. He then submitted photos for the
boards review and presented a plan that shows a proposed fence that would
screen the use from the public view. Jason Dubow stated that his firm has
represented Mr. Burgess as well as possibly Mr. Daglaris.
The Chairman opened the item for public comment. Craig Smith was sworn in and
addressed the board in favor of the petitioner. Bob Inge was sworn in and
addressed the board in favor of the petitioner. Hearing no one and seeing no one
further, the Chairman closed the public hearing. The board discussed the
favorable and unfavorable reasons for an amendment to the zoning code. The
City Attorney was asked to speak on the previous and current code enforcement
case was questioned. The board was concerned about changing the C-2
district's allowed uses, without considering all consequences. Mr. Virta, reiterated
stating that by changing the zoning text in this manner you are changing the nature
of the C-2 district. He further stated that another option would be to seek
rezoning, and that would be considered "spot" rezone and if the board does seek
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to amend the district, the intent of the district would also need to be rewritten and
he could not recommend it. The board questioned code enforcement procedures
and whether they could allow this use. The board, Mr. Allsworth and staff
proceeded to discuss the C-2 district and the situation with the tenant at this site.
Ms. Trabold addressed the board stating she is a co-owner of the property with the
Burgesses and spoke in favor of the request and economic issues that would
necessitate the rental business in conjunction with the convenience store. The
board and petitioner then spoke of rezoning options as opposed to the zoning
amendment. Attorney Ansbro commented, backing up Mr. Virta's interpretation of
the code, stating that the code expressly prohibits this use in the code, copies of
which were distributed to the board. Motion made by Jason Dubow to recommend
approval of the amendment. Motion died for a lack of second. Upon passing the
gavel, motion made by Victor Lohmann to recommend denial of the text change,
seconded by Bob Adams. Motion passed on the following roll call:
Bob Adams - yes Pat Janowski - yes
Victor Lohmann - yes Jason Dubow - no
8. SP-47-98 — 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.
Growth Management Director Terry Virta, AICP, commented on the history
connected with the zoning on the property which makes the use requested a
permitted use on this site. Mr. Virta asked that City Attorney Ansbro elaborate on
this issue. Mr. Ansbro described the zoning and the zoning laws connected with
annexation of this property in 1996. Mr. Virta commented on the site plan stating
that the original site plan was deficient in a number of landscape areas, and the
petitioner has resubmitted a revised plan which he had not had a chance to review.
Per recommendation by Mr. Virta, the Chairman asked that the petitioner come
forward to describe how the revised site plan comes into compliance with his
comments. Attorney Ansbro commented stating that original correspondence
included not only storage but maintenance of bus vehicles. Michael Marcil
addressed the board as the Attorney representing Travelways. Mr. Marcil
distributed pictures of the current site which he described as a junk yard, and felt
that the proposed use would enhance the site. Mr. Frank Smith, Architect for the
project addressed the board presenting the changes and additional landscaping for
the site and proposed use. Mr. Smith stated that originally there were 75 trees on
the plan and that Mr. Virta asked for additional. He stated that additional trees we
placed 20 feet on center and in addition the other green areas were doubled in
area for a total of 149 trees and that no more will fit on the site. He spoke about
surrounding uses in the area. The board questioned the number of trees and the
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caliper sizes. Mr. Virta stated that he would check the city's standard for caliper
sizes and have the petitioner revise his plan to such. Mr. Smith described the
vehicle parking was discussed as being for staff and drivers.
The Chairman opened the item for public comment. Laura Hoskins, resident
addressed the board speaking against the use, the maintenance of vehicles, noise
and the dangers of buses traveling on Stirling Rd. Hearing and seeing no one
further, the Chairman closed the public hearing. The board questioned the number
of trips in and out of the site daily, to which the petitioner responded 35 to 40. The
board discussed times of operation, painting of the vehicles and the school site to
the south. Mr. Vic DeSantos, Operations Manager addressed the board
answering concerns of the board. It was reconfirmed that the site was directly to
the west of the City's Water Treatment Plant. Further discussed was access to the
site and the possibility of buses making u-turns. Mr. DeSantos stated that bus
fueling will be done on site and washing of the vehicles was environmentally safe.
Mr. Virta stated that once renovations to the building in excess of $10,000 are
made, then the commercial design guidelines will come into play. Hearing no
further discussion, a motion was made by Bob Adams, seconded by Pat Janowski
to recommend approval of the site plan. Motion passed on the following roll call:
Bob Adams - yes Pat Janowski - yes
Victor Lohmann - no Jason Dubow - yes
5. An ordinance approving the continuation of a moratorium for accepting and
processing certain applications for zoning development orders. Ordinance No.
11-98, adopted on August 11, 1998 extended the temporary three (3) month
moratorium through November 10, 1998. If adopted the proposed ordinance
would extend, as a new temporary ordinance, the effective moratorium date for
an additional period of time through January 26, 1999. The proposed ordinance
would read as follows:
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA IMPOSING A
TEMPORARY AND LIMITED THREE (3) MONTH MORATORIUM ON
ACCEPTING AND PROCESSING CERTAIN APPLICATIONS FOR ZONING
DEVELOPMENT ORDERS; ESTABLISHING THE AREA AFFECTED AS ALL
PROPERTY IN DANIA 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 ORDINANCE; PROVIDING FINDINGS; PROVIDING
DIRECTIONS; AND PROVIDING AN EFFECTIVE DATE THEREFOR.
Mr. Virta explained the reasons for the extension of the moratorium and the
progress made with the comprehensive plan transmission. The Chairman
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opened the item for public comment, hearing no one and seeing no one, the
Chairman closed the public hearing. Motion made by Bob Adams, to approve
the continuation of the ordinance, seconded by Jason Dubow. Motion passed
unanimously.
4. Transmission of the City of Dania's Comprehensive Plan Update - Leigh R. Kerr.
Mr. Virta described the change in the legislature's advertising requirement. The
board agreed to continue the item to a Special meeting to be held on either
Thursday, November 5, 1998, Friday, November 6, 1998 or a Monday,
November 9, 1998 at 7:30 p.m. Board clerk to arrange with the board on a date
and to re-advertise.
Adjournment
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