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HomeMy WebLinkAbout1998-06-17 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD WEDNESDAY JUNE 17, 1998 7:30 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING BOARD AND CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A(RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT MARIE JABALEE,CITY CLERK, 100 W.DANIA BEACH EILVD,DANIA, FL 33004,(954)921-8700 EXT.202,AT LEAST 48 HOURS PRIOR TO MEETING. 1. Roll Call Present: Others Present: Bob Adams Terry L. Virta, AICP — Growth Management Directo Robert Dubow Thomas Ansbro — City Attorney Pat Janowski Lou Ann Cunningham — Board Clerk Victor Lohmann Kevin Pierson 2. Approval of Minutes from the May 20, 1998, Planning and Zoning Board Regular Meeting and the May 6, 1998 Special Meeting. Motion made by Bob Adams to approve the minutes of the May 20, 1998 and the May 6, 1998 Planning and Zoning Board Meetings, seconded by Pat Janowski. Motion passed una limously. i 3. Approval of Agenda. Chairman Lohmann read the petitions which have "equested a continuance before the board. Mr. Terry Virta, AICP, Growth Ma iagement Director addressed the board requesting to continue item 11. (TX-2 -98), the City's proposed sign regulations. Mr. Virta stated that he has not hod time to incorporate the information he has gathered relating to certain aspects of the code, as requested by the board, into the ordinance. Attorney Ansbro concurred that he also has received information from Special Counsel, and suggests inviting her to report her findings to the board at their next meeting and answer any questions the have. ha board might Motion was made by Bob Adams, seconded by Kevin Pierson, to continue the following requested items as follows: Items 4. and 5. (VA-35-98 and SP-36-98) Federal Plaza; item 10. (SP-26-98) Airport America Phase II; and item 11. (TX-23- 98) City of Dania Sign Regulations; were continued until the July 15, 1998 regular Planning and Zoning Board meeting. Item 12. (VA-27-98) Luckey's Motel Sign Planning and Zoning Board 1 JUNE 17, 1998 MINUTES variance was continued until the September 16, 1998 regular Planing and Zoning Board meeting. Motion passed unanimously. Chairman Lohmann asked that the City Manager be made aware of the continuance of the proposed sign regulations. NOTIFIED PUBLIC HEARINGS 6. SE-37-98 — The request of Leonard Mercer / Dania International Commerce Center, Inc., for a special exception use to allow said parcel to be used for a 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 1551 NW 1st Street, Dania. The petitioner is requesting to allow an indoor "Go-Kart" facility and video arcade in the proposed warehouse development. 7. SP-28-98 - A request by Leonard J. Mercer for, Dania International ommerce Center for approval of a site plan to construct 3 warehouse buildin s totaling 269,700 square feet of space, located on Bryan Road between Tig ail Blvd. and West Dania Beach Blvd. i i All interested parties were asked to identify themselves and be sworn i on items SE-37-98 and SP-28-98, Dania International Commerce Center, Inc. Leonard J. Mercer, Peter Diaz and Michael Lally presented themselves and were sworn in by the clerk. Mr. Leonard Mercer addressed the board to discuss the petitions for Special Exception and Site Plan requests. Mr. Mercer discussed the special exception request for a "Go Kart Facility" (Commercial Recreation), in an IG zoned district. He further described the site plan request for 3 Warehouse buildings totaling 269,700 square feet. The board reviewed the updated site plans which were distributed by the clerk. Mr. Mercer explained the tenancy on the north side of the complex as being an "Indoor Go Kart Facility" w ich would eliminate the truck traffic. He further explained the proposed improvements to such as the sidewalks and turn lane going North-South on Bryan Road iand West Beach Blvd. Mr. Peter Diaz addressed the board describing how the proposed tenant would eliminate the concern of large trucks and the dock high warehouse at the north side of the property. Mr. Mercer explained that the description of signage was not address due to the proposed sign ordinance still being in limbo. He confirmed that signage for the project will be in compliance with the sign ordinance that is adopted by the City. Mr. Diaz explained to the board the interior floor plan of the "Indoor Go Kart" project and landscaping for the site. At this point Terry Virta, AICP, Growth Management Director addressed the board with his evaluation of the site plan proposal. Mr. Virta commented on the proposed mezzanine portion of the structure which included a restaurant / lounge area with approximately 190 seats, arcade area, seminar room and private club. Mr. Virta stated that before he can completely evaluate the use, he would need square footage amounts for each of the areas to properly calculate Planning and Zoning Board 2 JUNE 17, 1998 MINUTES • the parking requirements. He further commented on concerns he had with the request for special exception as follows: 1. Three buildings are identified but"Building 3" has not been delineated. (Staff has since been informed that there will be only one structure on the property comprising the area as given previously or 253,192 square feet. Staff does not know if this includes the proposed second floor for the structure.) 2. There do not appear to be dumpsters available to "Building V. (The dumpsters will serve the one building, however, their location is such that they do not conveniently serve the northeastern portion of the building.) 3. All terminal landscape islands must be a minimum of ten (10) feet wide. (This comment is still valid. The terminal islands for the parking spaces adjacent to the south side of the building are not properly landscaped.) Other concerns stated were as follows: 1. What is the square footage of the second story? 2. What is the square of the second floor by intended use? 3. How does the second floor fit into the overall site plan? a. access to the floor? b. location in the building? c. layout of first floor? 4. Will Dania Beach Boulevard be improved to acceptable standards? 5. Will the plan provide that open space will be increased from 16%to 20%? 6. Will all terminal islands be curbed and landscaped, as mentioned previously and as required by Code? 7. How will proper turn lanes and tapers be installed along Bryan Road? Mr. Mercer commented on the requests for special exception and site plan. Mr. Mercer asked the board if the site plan could be considered for recommendation to the City Commission, subject to the comments posed by Mr. Virta. After discussion with staff and City Attorney Ansbro, it as decided that the petition for site plan and special exception can not go forward as proposed due to issues that need to be addressed as stated by Mr. Virta. Mr. Mercer stressed that he felt that the issues with the site plan were addressed, and that by requesting the special exception use, there now are further issues to contend with. Mr. Lally requested that the special exception use be continued so that the issues concerning the mezzanine area and parking can be addressed with staff, and to go forward with the site plan request for the 281,000 sq. ft. warehouse project for which was originally proposed. Mr. Virta discussed this concept with the board and City Attorney, and he concurred that the petitioner can agree to minor revisions to the site plan which are to be complied with by the City Commission Planning and Zoning Board 3 JUNE 17, 1998 MINUTES meeting. The board questioned the petitioner further about the site plan and it was agreed that the special exception request would not be addressed tonight. At this time Chairman Victor Lohmann opened the petition for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. The Chairman asked for clarification of what was to be proposed to go before the City Commission as well as the items that were to be addressed by the ;petitioner prior to that meeting. Mr. Virta relayed that the special exception should be addressed before further discussion of the site plan. A motion was made by Pat Janowski to continue item SE-37-98 until the next regular meeting, seconded by Kevin Pierson. Motion passed unanimously. Mr. Virta then commented on the Site Plan proposed by Dania International Commerce Center. He commented on the location of the dumpster and it's availability to serve the site. He further commented on the landscaping and the terminal islands and clarification that the turn lanes along Bryan Road will be installed as part of the project. Leonard Mercer voluntarily agreed to address all of the concerns expressed by Mr. Virta in relation to the site plan for a warehouse use. Motion was then made by Bob Adams to recommend: approval of site plan SP-28-98, seconded by Jason Dubow. Motion passed unanimously. ♦ At this time the Chairman announced to any late comers, that the sign ordinance has been continued to the next regular Planning and Zoning Board meeting. 8. VC-38-98 -A request by C.C.L. Consultants representing Oakridge Hot�l I, Ltd., to vacate the following utility and road right of way easements: nd onment of a 12-foot Utility Easements located along the pe�imeter of a Abandonment tY parcels A & B of the Krilich Plat, situated to the west (Parcel A) and east (Parcel B) of S.W. 18th Ct., north of Stirling Road and east of 1-95. b) Abandonment of a 25-foot Road Easement located within the Duke & Duke Plat, situated along the North side of S.W. 1st St. intersecting with SW. 181h Ct and SW 18th Ave., to the north of Stirling Road and east of 1-95. c) Abandonment of a portion of SW 18th Ct. and SW 1st St. Public Right of Way, which is located north of Stirling Road, east of 1-95 and west of the 'Burger King' restaurant. Greg Mire, representing C.C.L. Consultants and Mr. Richard Wells, a property owner on 18th Ct., were sworn before the board in regards to petition VC-38-98. Mr. Mire addressed the board describing the requests for vacation as a "clean up exercise" associated with the site plan and the future development of the site. Terry Virta, AICP, Growth Management Director, addressed the board stating that staffs only concern is that letters of no objection from the effected utilities Planning and Zoning Board 4 JUNE 17, 1998 MINUTES companies are obtained, and as of this date, those letters have been received. Hearing no further comments from the board, the Chairman opened this item for public comment. Mr. Richard Wells, previously sworn in, addressed the board with concerns about the elevation of the proposed project and the procedure used to fill this site and the Florida Silica Sand site. Questions as to the ownership of the parcels were raised, and it was confirmed that all owners were in agreement of this proposed action. Mr. Virta confirmed for the board that there is no evidence of access on the proposed vacated right of ways. Mr. Meyer also addressed the concerns of Mr. Wells in that the project will have all of the proper geo-technical explorations performed to make sure that the site is suitable for foundation (i.e. soil borings etc. ) The Chairman addressed the billboard sign located on the west side of the site, and the possibility of it's removal. Mr. Joseph Nickelson, representative for Excel Hotel Management, addressed the board with background information on the billboard in question. Mr. Nickelson stated that the billboard is located on an easement which is outside of the limits of ownership of the property. He further stated that his company is negotiating with the owners of the billboard to move the sign, further north away from their site. City Attorney Ansbro stated that if the petitioner could forward this information to us, he could look into it. The City Attorney suggested that we find the permit which authorized the installation of the sign. Further discussion entailed regarding the billboard and its location. Hearing no further discussion, a motion was made by Bob Adams to recommend approval of VC- 38-98, seconded by Kevin Pierson. Motion passed unanimously. 9. SP-33-98 — A request by J.B.F. — 1 Development Corporation represented by Thomas Thibeaux, Architect, for site plan approval of a 12,752 sq. ft. warehouse building. The project is proposed on parcel A of the "Kahn Addition" plat which is located on the Northeast corner of SW 20 Avenue and SW 30 Street. Thomas Thibeaux, Architect, was sworn in by the clerk. Mr. Thibeaux addressed the concerns stated by Mr. Virta in his staff report, relating to the location of the dumpster and sidewalk requirement. Terry Virta, AICP, Growth Management Director addressed the board, siting his concern with the Fire Marshal's comments for a turn around at the far end of the parking lot, due to the length of the drive being in excess of 150' (feet). Mr. Virta further stated that if the petitioner would have to request a waiver before the Commission if he does not desire to install sidewalks at the site. Mr. Thibeaux commented on the Fire Marshal's request for a turn around, stating that the parking spaces at the far end of the development are rarely used and that the distance from the parking spaces is barely over 150' (feet). At this time Mr. Jim Hamilton, of JBF-1 Development was sworn in and addressed the board concerning the requested turn around. Mr. Fred Scaggs representiing JBF-1 Development was sworn in and addressed the board regarding the Fire Marshal's comments, stating that the distance between the road to the back of the warehouse is close. He also stated that this project cannot proceed with the requirement for a turn around of this radius. The City Attorney suggested that the petition can be adopted with Planning and Zoning Board 5 JUNE 17, 1998 MINUTES the recommendation that they must satisfy the Fire Marshal's comments prior to the City Commission meeting. Mr. Thibeaux stated that they would contact the Fire Marshal and work with him. Mr. Virta addressed the board concerning the dumpster layout. There was further discussion between the petitioners, staff and the board regarding the dumpster enclosure. It as noted that Ken Koch, the Building Official, reviewed all layouts for dumpster enclosures, and that he would be the one that would approve or disapprove the layout. Motion was made by Jason Dubow to recommend approval of the site plan SP-33-98 based on satisfying Ken Koch, the Building Official regarding the dumpster enclosure, to get permission from the utility easement holder in order to locate the dumpster ' on the easement, and that the Fire Marshal must either waive the tu Irnaround must satisfy it seconded b Pat Janowski. Motion requirement or the petitionerfy Y passed unanimously. Open Discussion Attorney Ansbro, suggested that in future meetings, Terry Virta be allowed to address the board with a presentation, prior to the applicant, so that the applicant can respond to staffs concerns. He further stated that he has consulted with special council (Miriam Maer) regarding the billboard issue. Chairman Lohmann suggested that she attend the next meeting to answer any questions. It was further suggested by Ms. Maer, that an inventory be done of all of the billboards located in the City, as well as, other signs which the City wishes to prohibit. Adjournment Planning and Zoning Board 6 JUNE 17, 1998 MINUTES