HomeMy WebLinkAbout1998-01-21 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
WEDNESDAY
JANUARY 21, 1998
7:30 P.M.
1. Roll Call
Present: Others Present:
Pat Janowski Terry L. Virta, AICP, Growth Management Director
Victor Lohmann Tim Ryan, City Attorney
Jason Dubow
Kevin Pierson
Absent:
Josh Dresser Lou Ann Cunningham, Board Clerk
2. Approval of Minutes from the December 1, 1997, Planning and Zoning Board
Special Meeting.
Motion made by Pat Janowski, seconded by Kevin Pierson to approve the minutes
of the December 1, 1997, Special Planning and Zoning Board Meeting. Motion
passed unanimously.
At this time Kevin Pierson was sworn in by Attorney Tim Ryan.
NEW BUSINESS
3. TX-22-97 — Request by Paul J. Smith, representing Enterprise Leasing Company,
for a text amendment to Chapter 28, Zoning; Article 4, District Regulations; by
adding to section 4.10, Schedule of Use Regulations, the following special
exception use - "Automobile Rentals". Enterprise Leasing Company is located at
801 S. Federal Hwy., Dania. The proposed ordinance would read as follows:
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA AMENDING CHAPTER
28, ZONING; ARTICLE 4, DISTRICT REGULATIONS; BY ADDING TO
SECTION 4.10, SCHEDULES OF REGULATIONS THERETO TO PROVIDE
"AUTOMOBILE RENTALS" AS A SPECIAL EXCEPTION USE IN DISTRICTS
ZONED C-3 (GENERAL BUSINESS); AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
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MINUTES PLANNING AND ZONING BOARD 1/21/98
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
AND PROVIDING FOR
R AN EFFECTIVE
THE EXTENT OF SUCH CONFLICT;
DATE.
Fred Barboni, representing Enterprise Rent-a-car, was sworn in by the City
Attorney. Mr. Barboni described reasons for the request for a text amendment,
and gave a history of Enterprise's business practices and submitted pictures for
the board's review of other Enterprise facilities around Broward County. The
board questioned the petitioner about the number of vehicles to be stored at the
site. The board requested to see a current sealed survey of the site. At this time
Terry Virta, AICP, Growth Management Director addressed the board regarding
the petition for text amendment and special Exception. Mr. Virta explained to the
board his reasons for recommending denial of the petitions. He explained staffs
reasons for recommending denial, specifically due to the fact that the use would
be an expansion of automobile uses in the C-3 district that are not currently found
there. He further stated that Dania's Zoning Code provides for a majority of
automobile related uses in the C-4 district. Mr. Virta went on to explain that staff is
recommending denial of the special exception request due to his evaluation of the
site and by witnessing the large volume of vehicles present with current
businesses already located there. Mr. Virta further sited his own experiences
witnessing other "Enterprise" facilities, and that he was of the opinion that there
would be more vehicles parked there than the site could handle, especially on the
weekend. Questions by the board were posed relating to separation and parking
which could be answered more accurately once a survey of the site is received by
staff. Mr. Barboni attempted to clarify any questions the board had regarding
vehicle turnover and the number of cars which would remain on the site.
At this time the Chairman opened the petition for public comment. Mr. Giles Loftin
who resides at 45 SE 8th St., was sworn in and addressed the board with concerns
about security lighting, how it would affect the surrounding neighbors, access to
the site and storage of the cars. The petitioner responded stating that there were
no plans for additional security lighting, that bulk storage of the vehicles would be
held at Hollywood Lincoln Mercury, and that entrance and exit access would occur
from the entrance off of U.S. #1. Ms. Carol Christ-Moral who resides at 29 SE 8th
St., was sworn in and addressed the board. She submitted pictures to the board
showing the current problem with traffic and parking, and stated her concerns
about the driveway being closed and landscaped as the owner of the site
promised previously. She stated no objection to the text change, and her concerns
were regarding the traffic problem and the opening of the dead end street. Ms.
Christ-Moral reference pictures she has depicting the large amount of parking at
the site on the weekend without the car agency and another vacant bay. Paul
Smith owner of the shopping center, was sworn in and addressed the board. Mr.
Smith gave a brief history of the building and what has transpired sine with his
building and Code Enforcement. Mr. Smith feels there is no problem with parking
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at his site and the only problem he experiences are other businesses along
Federal Hwy. using his parking. Hearing no one and seeing no one further, the
public hearing was closed.
Mr. Virta confirmed for the board that the use "Car Rental Agency" is allowed as a
special exception in a C-4 district, and to allow this use as a special exception in a
C-3 district the Text Amendment request must be approved. The board had
concerns that if the text amendment was approved, it would open the door for
other car rental agencies, with perhaps a more intensive nature, to invade the U.S.
#1 corridor. The board again discussed the impact of traffic associated with the
proposed use. Hearing no further discussion by the board, a motion was made by
Kevin Pierson to recommend denial of item TX-22-97, seconded by Pat Janowski.
Motion passed on the following roll call:
Pat Janowski - yes Victor Lohmann - yes
Jason Dubow - no Kevin Pierson - yes
4. SE-23-97 — The request of Paul J. Smith, representing Enterprise Leasing
Company for a special exception use to allow for a rental car agency at 801 S.
Federal Hwy, Dania. The property is zoned C-3 (Commercial).
THE PROPERTY IS LEGALLY DESCRIBED AS: PARCEL 5142 03 00 0710 — N Y2 OF
THE FOL DESC PARCEL BEG AT PT ON W/L OF N Y2 OF NW % OF SE % 344 N OF
SW COR OF N Y2, E 246, N 150, W 246, S 150 TO POB, LESS W 40 FOR HWY.
The Chairman stated concerns regarding an accurate survey of the site. It was
suggested by the Chairman to continue the item until the next regular meeting until
a sealed survey of the property can be obtained. Motion made by Jason Dubow to
continue item SE-23-97 until the next regular scheduled meeting, seconded by Pat
Janowski. Motion passed on the following roll call:
Pat Janowski - yes Victor Lohmann - yes
Jason Dubow - yes Kevin Pierson - yes
5. SE-01-98 — The request of Dennis Newton for a special exception use to allow
"light auto repair" in a C-3 district. The property is located at 300 S. Federal Hwy.,
Dania. The business will be located in the same building as another business
known as "Cool Breeze Auto Air".
THE PROPERTY IS LEGALLY DESCRIBED AS: COMMENCING AT THE SOUTHEAST
CORNER OF THE NE % OF THE NE % OF THE NW % OF SECTION 3, TOWNSHIP 51
SOUTH, RANGE 42 EAST; THENCE, RUNNING 100 FEET SOUTH PARALLEL ON THE
WEST SIDE OF COUNTY ROCK ROAD TO A CERTAIN STAKE SET; THENCE, WEST
110 FEET; THENCE NORTH 100 FEET; THENCE EAST 110 FEET TO THE POINT OF
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MINUTES PLANNING AND ZONING BOARD 1/21/98
BEGINNING, EXCEPTING THEREFROM THE EAST 33 FEET OF SAID TRACT WHICH
HAS BEEN CONVEYED TO BROWARD COUNTY, FLORIDA FOR USE AS A PUBLIC
ROAD, SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA.
Mr. Dennis Newton addressed the board and was sworn in by Attorney Tim Ryan.
Mr. Newton stated for the board the nature of his request. Mr. Gerald Miller,
property owner and proprietor of"Cool Breeze Auto Air", addressed the board and
stated that he was granted a variance to perform light auto repair at this site in
1973, and since that time he has specialized his business to accommodate only
A/C repairs. Mr. Miller stated that Mr. Newton would lease out the west bay of his
shop to continue with light auto repair.
Terry Virta, AICP, Growth Management Director, addressed the board with his
concerns regarding this petition. Mr. Virta stated that the structure is a non-
conforming structure and that he would suggest that the board place a condition
on the petition to would bring the site into conformity in the areas of a paved
parking area and placing landscaping on the site. Mr. Virta further suggested that
a requirement be placed to provide that all diagnostic work be done within the
walls of the building. At this time the Chairman opened the item for public
comment. Hearing none and seeing none, the Chairman closed the public
hearing. The Chairman brought the item back to the board for comment. The
board stated that they are in favor of some type of landscaping be placed around
the area. Motion made by Jason Dubow to recommend approval of SE-01-98 with
the condition that the petitioner work with staff to come up with an acceptable
landscape plan for the site, seconded by Pat Janowski. Motion passed on the
following roll call:
Pat Janowski - yes Victor Lohmann - yes
Jason Dubow - yes Kevin Pierson - yes
6. SP-02-98 - 5555 Ravenswood Road — The request of Marvin Mandel, President of
Anglers Office Park, Inc. for a site plan request for property located at 5555
Ravenswood Road, Dania 33312. The request is to demolish the existing building
commonly known as the "South Florida Racquetball Club" and construct
approximately 42,000 sq. ft. of office space. This site was recently approved for
platting as the "Angler's Office Park" Plat.
THE PROPERTY IS LEGALLY DESCRIBED AS: THE SOUTH 231.40 FEET OF LOT 3,
BLOCK 4 OF SECTION, 32, TOWNSHIP 50 SOUTH RANGE 42 EAST, REED LAND
COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; LESS
THAT PORTION DEEDED TO BROWARD COUNTY, A POLITICAL SUBDIVISION OF
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THE STATE OF FLORIDA, FOR ROAD RIGHT OF WAY PURPOSES AS SET FORTH IN
THOSE CERTAIN DEEDS RECORDED IN OFFICIAL RECORDS BOOK 7345, PAGE
628 AND OFFICIAL RECORDS BOOK 7572, PAGE 710, BOTH OF THE PUBLIC
RECORDS OF BROWARD COUNTY, FLORIDA, CONTAINING 3.329 ACRES (145,002
SQUARE FEET), MORE OR LESS.
Mr. Joe Roles, Consulting Engineer for the petitioner Mr. Marvin Mandel, was
sworn in to address the board by Attorney Ryan. Mr. Roles described the site
plan petition for a single story office complex to the board. Mr. Roles described
the proposed parking and uniqueness of the landscaping, which included trees
and vegetation that would be saved or replaced. At this time Mr. Terry Virta,
AICP, Growth Management Director, addressed the board with the staffs
comments and concerns for this proposed project. Mr. Virta referenced his
summation from previous meetings approving the platting of the property. Mr.
Virta also stated that the petitioner has worked closely with staff regarding
landscaping concerns and are in agreement with the exception of 1 gumbo limbo
tree. At this time Mr. Roles confirmed that Mr. Mandel would be in favor of saving
and relocating this tree on the site. Mr. Virta confirmed for the board that the site
conforms to all applicable City Codes, that this use would be an asset to the area,
and that staff recommends approval of this petition. The board questioned
separation concerns of commercial when it abuts a residentially zoned area. Mr.
Virta stated that the code provides that when parcels are separated by street,
alley, canal or other public open space then there would only need to be a 10'
landscape area. If the properties in question are immediately adjacent to each
other the code states that a 10' area included with a masonry wall or solid wood
fence, with a tree every 40' linear feet with shrubs in between be provided. Mr.
Virta stated that if the right of way is a public road, then the site plan would be in
conformance with the code, however if the road is in fact a private road, then the
petitioner would have to come into compliance with the separation provisions as
stated in the code. Motion made by Jason Dubow to recommend approval of SP-
02-98 with the condition that the petitioner add a second dumpster and verify
whether the road to the west is a public or private right of way and if it is a private
road, to bring the site plan into conformance as to separation, seconded by Kevin
Pierson. Motion passed on the following roll call:
Pat Janowski - yes Victor Lohmann - yes
Jason Dubow - yes Kevin Pierson - yes
7. RZ-03-98 - The request of Lauderdale Sand & Fill, Inc. — James Greene / Robert
Elmore, Excavators, Inc., for a rezoning request for property located at
approximately the 3200 block of SW 26 Terrace, Dania 33312. The request is to
rezone the following legally described property from M-2 to M-4. The petitioner
wishes to construct a construction and demolition debris recycling center on the 16
± acre site; T.A.T. Recycling."
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The Property Is Legally Described As: 504220450010 —504220500010: All of Parcel "H",
Runway Lakes III, according to the plat thereof recorded in Plat Book 156, Page 44, of the
public records of Broward County, Florida. Together with a portion of Parcel "A", Isgettes
Runway, according to the plat thereof recorded in Plat Book 158, Page 18, of the public
records of Broward County, Florida, and being all more fully described as follows:
Beginning at the Southwest corner of said Parcel "A"; thence North 89029'20" East, on the
South line of said Parcel "A", a distance of 1266.55 feet; thence North 88143'35" East, on
the said South line, a distance of 187.58 feet; thence North 00154'58" West, on the East
line of said Parcel "A" and on the East line of said Parcel "H", a distance of 292.11 feet;
thence South 88149'41" West, on the North line of said Parcel "H", and the Westerly
extension thereof a distance of 605.13 feet; thence North 01155'03" West, a O istance of
381.11 feet; thence south 89020'00" West, on the North line of said Parcel "A", a distance
of 851.47 feet; thence South 00°58'15" East, on the West line of said Pa cel "A", a
distance of 388.12 feet; thence South 02043'28" East on the said West line, a distance of
278.41 feet to the Point of Beginning. Said lands lying and being in the City of Dania,
Broward County, Florida, and containing 746,050 square feet or 17.1270 Acres more or
less.
8. SP-04-98 — The request of Lauderdale Sand & Fill, Inc. — James Greene / Robert
Elmore, Excavators, Inc., for a site plan request for property located at
approximately the 3200 block of SW 26 Terrace, Dania 33312. The petitioner
wishes to construct a construction and demolition debris recycling center on the 16
± acre site.
The Property Is Legally Described As: 504220450010 — 504220500010: All of Parcel "H",
Runway Lakes III, according to the plat thereof recorded in Plat Book 156, Page 44, of the
public records of Broward County, Florida. Together with a portion of Parcel "A", Isgettes
Runway, according to the plat thereof recorded in Plat Book 158, Page 18, of the public
records of Broward County, Florida, and being all more fully described as follows:
Beginning at the Southwest corner of said Parcel "A"; thence North 89029'20" East, on the
South line of said Parcel "A", a distance of 1266.55 feet; thence North 88043'35" East, on
the said South line, a distance of 187.58 feet; thence North 00054'58" West, on the East
line of said Parcel "A" and on the East line of said Parcel "H", a distance of 292.11 feet;
thence South 88049'41" West, on the North line of said Parcel "H", and the Westerly
extension thereof a distance of 605.13 feet; thence North 01155'03" West, a distance of
381.11 feet; thence south 89020'00" West, on the North line of said Parcel "A", a distance
of 851.47 feet; thence South 00058'15" East, on the West line of said Parcel "A", a
distance of 388.12 feet; thence South 02043'28" East on the said West line, a distance of
278.41 feet to the Point of Beginning. Said lands lying and being in the City of Dania,
Broward County, Florida, and containing 746,050 square feet or 17.1270 Acres more or
less.
Motion made by Jason Dubow to continue items 7) RZ-03-98 and 8) SP-04-98 at
the request of the petitioner, seconded by Pat Janowski. Motion passed
unanimously on the following roll call:
Pat Janowski - yes Victor Lohmann - yes
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MINUTES PLANNING AND ZONING BOARD 1/21/98
Jason Dubow - yes Kevin Pierson - yes
9. SE-05-98 - The request of David Merriken as representative for American
Maritime Officers Plans (AMO Plans) for Special Exception requests for properties
generally located South of SW V' Street, North of Dixie Highway and West of U.S.
1 East of the FEC Railroad Tracks. The request is for a special exception to allow
a storage building in an RD-6000 zoning district.
A) Addresses: 218, 214, 210 SW 9th St. Legal Description: Lots 9 through 12,
Block 3 of "Wood Haven Amended" according to the Plat thereof, Recorded in Plat
Book 10, Page 56, of the Public Records of Broward County, Florida.
B) Addresses: 210 SW 8th St., 778 — 790 SW 2nd Ave. Legal Description: Lots 11,
12 & 13, Block 4 of "Amended Plat Wood Haven" as recorded in Plat Book 10, Page
56, of the Public Records of Broward County, Florida.
Mr. Dave Merriken, Executive Director of AMO Plans was sworn in and addressed
the board regarding the requested petition. Mr. Merriken gave a brief
presentation of the request. He concluded that with the approval of the ordinance
allowing storage facilities for schools in an RD-6000 district, the previous rezoning
request is no longer necessary and that his request to renovate AMO's buildings
via the proposed special exception is all that remains. Mr. Merriken described for
the board the proposed and existing use of the properties, access to the sites and
what would be stored in the buildings. Mr. Terry Virta, AICP, Growth Management
Director, addressed the board and gave a brief history for the board of the
previous rezoning petition and what has transpired since. Mr. Virta confirmed that
staff would recommend approval of this request.
At this time the Chairman opened this item to the public for comment. Mr. Cary
Crockett of 219 SW 8t' St. was sworn in and addressed the board stating no
objection to the petition. Mr. Crockett questioned the board on the criteria used to
make recommendations on petitions. He also questioned the definition of a
special exception and whether it had a bearing on zoning. Hearing and seeing no
one further the Chairman closed the public hearing. The item was brought back to
the board for discussion. It was verified by Mr. Virta that this special exception
request could only be used by a school or church, so that if AMO were to sell the
property, the use of a storage facility could only be used in conjunction with
another school or church. Attorney Ryan further verified that if the single property
were to be sold, then the structure would have to be converted back into a
residential use. Hearing no further discussion by the board, motion was made by
Kevin Pierson to recommend approval of special exception request SE-05-98,
seconded by Pat Janowski. Motion passed on the following roll call:
Pat Janowski - yes Victor Lohmann - yes
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MINUTES PLANNING AND ZONING BOARD 1/21/98
Jason Dubow - yes Kevin Pierson - yes
10. Adjournment
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MINUTES PLANNING AND ZONING BOARD 1/21/98