HomeMy WebLinkAbout1997-12-01 Planning and Zoning Board Special Meeting Minutes MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
SPECIAL MEETING
DECEMBER 1, 1997
7:30 P.M.
Roll Call:
Josh Dresser Terry Virta, AICP, Growth Management Director
Pat Janowski Tim Ryan, City Attorney
Victor Lohmann Lou Ann Cunningham, Board Clerk
Absent:
Jason Dubow
Motion made by Josh Dresser to excuse Jason Dubow, seconded by Pat Janowski.
Motion passed unanimously.
Approval of Minutes from the October 15, 1997, Regular Planning and Zoning Board
meeting. Motion made by Josh Dresser, seconded by Pat Janowski, to approve the
minutes of the October 15, 1997 Regular Planning and Zoning Board meeting. Motion
passed unanimously.
OLD BUSINESS
3. Administrative Ordinance dealing with Commercial Design Guidelines.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING ARTICLE
6, SUPPLEMENTARY USE REGULATIONS, OF CHAPTER 28, ZONING, OF
THE CODE OF ORDINANCES OF THE CITY OF DANIA, FLORIDA, BY
ADDING A NEW SECTION 6.64 ENTITLED "PRINCIPAL ARTERIAL
COMMERCIAL DESIGN STANDARDS OVERLAY", WHICH PROVIDES FOR
DESIGN GUIDELINES TO BE FOLLOWED BY COMMERCIAL
DEVELOPMENT ALONG PRINCIPAL ARTERIALS IN THE CITY OF DANIA;
PROVIDING FOR OBJECTIVES OF THIS SUB-SECTION; DELINEATION OF
THE OVERLAY DISTRICT; PROVIDING FOR APPLICABILITY; STIPULATING
CRITERIA FOR APPEARANCE, LANDSCAPING, WALLS,
FENCING,SIGNAGE AND LIGHTING; AND SPECIFYING LOCATION
CRITERIA FOR DRIVE-UP FACILITIES; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
MINUTES—SPECIAL MEETING 1 December 1, 1997
Planning and Zoning Board
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
Terry Virta, AICP, Growth Management Director addressed the board and briefly
described the proposed ordinance governing the design and placement of
commercial business design standards along the principal arterials of the City,
described as Federal Hwy, Griffin Rd., Stirling Rd. and Sheridan Street. Mr. Virta
explained that the board's purpose is to find whether the proposed ordinance is in
keeping with compliance of the City's comprehensive plan and to make
recommendations. Mr. Virta also advised the board that this ordinance will be
heard by the City Commission on second reading at its December 9, 1997,
Regular meeting. The board, Mr. Virta and City Attorney Ryan discussed how the
proposed criteria fit's into the sign regulations, regulations dealing with the
historical district and other changes which they would like to see included in the
ordinance. After further discussion, the item was opened to the public for
comment. Hearing no one and seeing no one, the public hearing was Closed. Mr.
Virta described that the overlay approach is a more straightforward approach
compared to having to rewrite the regulations for each individual commercial
district. The board discussed incorporating changes to section 3a, Applicability,
and section 6c, Signage and Lighting. After further discussion, a motion was
made by Josh Dresser to recommend approval of the Ordinance with the
amendment of - Section 3, Applicability, a) to read: "This section shall apply to all
new commercial development, additions or renovations in excess of $10,000 in a
12 month period, as determined by the City."; and Section 6, Signage and
Lighting, c) to read: "Signage, whether permanent or temporary, shall not be
permitted.", seconded by Pat Janowski. Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
* At this time the Chairman reorganized the agenda as to alleviate the citizens who were
present for the public hearing relating to AMO Plans.
6. RZ-30-97 - The request of David Merriken as representative for American
Maritime Officers Plans (AMO Plans) for rezoning requests for properties generally
located South of SW 7" Street, North of Dixie Highway and West of U.S. 1 East of
the FEC Railroad Tracks. The request is to rezone the following legally described
properties, using the 20% land use flexibility rule.
A) Addresses: 218, 214, 210 SW 9th St. Request to Rezone from RD-6000 to C-
2. t .514 Acres. 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.
MINUTES — SPECIAL MEETING 2 December 1, 1997
Planning and Zoning Board
I
B) Addresses: 210 SW 8th St., 778 — 790 SW 2nd Ave. Request to Rezone from
RD-6000 to C-2. t .457 Acres. 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.
C) Addresses: 17-23 SW 7th St. Request to Rezone from RD-6000 to C-3. t
.244 Acres. Legal Description: The South 50 feet of Lots 5 and 6, the south
50 feet and the east 23 feet of Lot 7, Block 3, of "Dania Heights Extension", as
recorded in Plat Book 5, Page 19, of the Public Records of Broward County,
Florida.
It was noted that this item was continued from the October 15, 1997, Planning
and Zoning Board Meeting. At this time David Merriken, representing
American Maritime Officers Plans, was sworn in and briefly re-described his
request to the board. Mr. Merriken presented surveys and pictures of some of
the homes in which AMO has upgraded in the neighborhood and assured the
board that the same type of format would be used for the proposed structures
located in the areas of the rezoning request. The board questioned the
petitioner regarding issues relating to size and intended use of the buildings.
Mr. Merriken also submitted a petition for the boards' review of citizens in favor
of his petition. At this time the chairman opened the petition to the public for
comment. Comments were heard from the following citizens: Ron Costello of
262 SW 8th St., Bobbie Grace of 110 NW 8th Ave., Albert Jones of 722 SW 3rd
St., and Linda Feltsall all spoke in opposition of the rezoning but were in favor
of granting AMO Plans permission to upgrade the property and to go forward
with their renovations. City Attorney Ryan attempted to clarify the reason why
AMO must follow the route of a zoning change as opposed to the variance or
special exception procedure. Cary Crockett of 219 SW 8th St. was sworn in and
questioned the permitting of the existing structures and what they currently
contain. Hearing no one further, the Chairman closed the public hearing.
Mr. Merriken addressed the board and attempted to clear up some of the
inquiries posed by the residents. Further questions relating to the 20% flex
rule, setback requirements, height requirements, the proposed renovations and
the present use were discussed by the board, City Attorney and Growth
Management Director. Hearing no further discussion, a motion was made by
Josh Dresser to recommend denial of rezoning requests (A) and (B) (RD-6000
to C2) and to recommend approval of request (C) (RD-6000 to C3), seconded
by Pat Janowski. Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
NEW BUSINESS
MINUTES —SPECIAL MEETING 3 December 1, 1997
Planning and Zoning Board
I
7. VA-34-97 - The request of David Merriken as representative for American
Maritime Officers Plans (AMO Plans) for a variance request for property
located at 900 SW 2ND Ave.. The request is for permission to construct a wall,
with a sign, 13'4" high that would exceed the maximum height limitation.
Chapter 28, Article 5.36 states that "Walls, fences or hedges may be located or
constructed within the required yard areas and shall conform to the following
regulations: (a) Front yard. Walls, fences and/or hedges located between the
front building line and the street right-of-way line shall not exceed four (4) feet
in height; and (b) Side and rear yards. Walls, fences and/or hedges located
.between the side or rear building line and the side or rear lot line shall not
exceed six (6) feet in height. This includes the rear street yard of a through lot
and the required street side yard of a corner lot."
Legal Description: Lots 1 and 2, Block 1, and Lots 7 to 18 inclusive, Block 2, of
"Woodhaven", according to the amended plat thereof, recorded in Plat Book 10,
Page 56, of the public records of Broward County, Florida; and all that part of the
East '/Z of the Southwest '/4 of the Northeast % of the Southwest '/4 lying
Northwesterly of the County Road (Old Dixie Highway) in Section 3, Township 51
South, Range 42 East, Broward County, Florida; Less a 25 foot wide strip lying
Northwesterly of the centerline of Dixie Highway, as now located, said 25 foot wide
strip being bounded on the Southeast by said centerline and on the Northwest by
a line 25 feet from and parallel to said centerline for right-of-way purposes.
Mr. David Merriken of AMO Plans addressed the board and explained his request
for a variance from fence height requirements. He presented a scale model of the
site at the Thunderbird hotel and the proposed fence/wall and sign. Terry Virta,
AICP, Growth Management Director, addressed the board and concurred with the
petitioner that the request meets all of the requirements for approval of a variance
request. Motion made by Josh Dresser to approve variance VA-34-97, seconded
by Pat Janowski. Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
8. PL-32-97 - A request by David H. Rush for approval of the "Anglers Office Park"
Plat located at 5555 West Anglers Ave. (Ravenswood Rd.). The site is currently
occupied by the South Florida Racquetball Club.
Legal Description: THE SOUTH 231.40 FEET OF TRACT 3, BLOCK 4,
SECTION 32, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE
PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS THE EAST 40 FEET, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID BLOCK 4; THENCE DUE NORTH ALONG THE
EAST LINE OF SAID BLOCK 4, FOR A DISTANCE OF 1333.68 FEET; THENCE
SOUTH 89048'48" WEST, FOR A DISTANCE OF 40 FEET TO THE POINT OF
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Planning and Zoning Board
BEGINNING; THENCE DUE NORTH ALONG A LINE 40 FEET, WEST OF AND
PARALLEL TO THE EAST LINE OF SAID BLOCK 4, FOR A DISTANCE OF
231.40 FEET; THENCE SOUTH 89°48'48" WEST, FOR A DISTANCE OF 626.36
FEET TO A POINT ON THE WEST LINE OF SAID TRACT 3; THENCE SOUTH
0°06'48" WEST, ALONG SAID WEST LINE, FOR A DISTANCE OF 231.40 FEET
TO THE SOUTHWEST CORNER OF SAID TRACT 3; THENCE NORTH
89048'48" EAST, ALONG THE SOUTH LINE OF SAID TRACT 3, FOR A
DISTANCE OF 626.77 FEET TO THE POINT OF BEGINNING. SAID LAND
SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA, AND
CONTAINING 3.3284 ACRES MORE OR LESS.
Terry Virta, AICP, Growth Management Director, addressed the board to explain
the preliminary plat request. Mr. James Stoner addressed the board as the land
surveyor representing the request by David Rush. The board questioned any
dedications of right of way or setback for Ravenswood Road, to which the
petitioner stated that these issues would be addressed by Broward County in their
review of the Traffic way plan.
After further discussion by the board a motion was made by Josh Dresser to
recommend approval of plat PL-32-97 "Anglers Office Park", seconded by Pat
Janowski. Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
OLD BUSINESS
5. SE-29-97 - The request of Jeremiah J. Kelly regarding lots 6 & 7 located east of
2430 SW 32"d St., Dania, for a special exception use as listed under the C-4
zoning category, Article 4 of the Dania Zoning Code, to allow the parking of buses
and to operate a self-contained bus washing and refueling station. The site is
zoned M-1 and will be used in conjunction with the existing J.J. Kelly Bus
Company located at 2430 SW 32"d St.
Legal Description: Lots 5, 6, and 7 Block 3, Tropic Farms, according to the Plat
thereof, as recorded in Plat Book 24, at Page 30 of the Public Records of Broward
County, Florida and The West 92.00 feet of the North 175.00 feet of Tract 12 of
Seaboard Farms, according to the plat thereof as recorded in Plat Book 18, at
Page 22 of the Public Records of Broward County, Florida, Less the North 25.00
feet thereof.
5a) SP-35-97 — The request of Jeremiah J. Kelly regarding lots 6 & 7 located east of
2430 SW 32"d St., Dania, for a site plan approval to allow for a bus storage and
washing facility.
MINUTES —SPECIAL MEETING 5 December 1, 1997
Planning and Zoning Board
Legal Description: Lots 5, 6, and 7 Block 3, Tropic Farms, according to the Plat
thereof, as recorded in Plat Book 24, at Page 30 of the Public Records of Broward
County, Florida and The West 92.00 feet of the North 175.00 feet of Tract 12 of
Seaboard Farms, according to the plat thereof as recorded in Plat Book 18, at
Page 22 of the Public Records of Broward County, Florida, Less the North 25.00
feet thereof.
Mr. John Bernazzolli, Attorney and Frank Smith, Architect for the property owner
J.J. Kelly was sworn in and addressed the board. The landscaping of the site was
described and comments were made relating to why landscaping was placed in
certain areas of the site. Mr. Bernazzolli stated that the project will be done in
two phases, he further stated that the refueling station has been removed from the
plan.
Terry Virta, AICP, Growth Management Director addressed the board,
commenting on both the special exception and site plan requests. Mr. Virta
pointed out that item #3 in staffs recommendation should state as follows: "The
landscaping that is required for the parking area but proposed for the periphery
needs to be identified and the landscape to be provided must be specified."
Other comments were made by Mr. Virta and the board relating to the items
specified in the staff report as follows:
1) A table of data indicating required quantities of proposed plant
material, gross and net acreage, number of trees to remain,
number to be relocated, and number of trees to be removed.
2) Proposed plant materials by botanical and common names,
sizes and spacing.
3) Planting details and planting specifications.
4) Preliminary irrigation plan or note on plan indicating that an
irrigation plan shall be submitted for approval prior to issuance
of a building permit with 100% overlap.
5) The plan shall be signed and sealed by a Florida Registered
Landscape Architect.
6) Such other information that may be required to give a complete
understanding of the proposed plan, as follows:
a) Are the trees shown within the retention areas to be wetland
species?
MINUTES — SPECIAL MEETING 6 December 1, 1997
Planning and Zoning Board
b) Need to show a greater or larger buffer area along the
southern boundary to provide more significant separation
from the adjacent offices.
c) The landscaping that is required for the parking area but
proposed for the periphery needs to be identified and the
landscape to be provided must be specified.
d) There needs to be a showing of how the landscaping that
normally would be located within the parking area is to be
provided in Phase I.
e) Demonstrate how the landscaping requirements have been
met for the very southwest corner of the site.
Mr. Smith commented on staffs report and found that the petitioner would have
not problem complying with staffs recommendations. Other discussion relating to
the parking of cars and busses on SW 32"d St. and possible landscaping to deter
parking between the site and the street.
At this time SE-29-97 was opened to the public for comment. Merrill Cohen,
owner of Merrill Industrial Center was sworn in and addressed the board. Mr.
Cohen presented pictures of his neighboring development and spoke in opposition
to the development, siting that the use would be detrimental to his business. Mr.
David Kingsbury, also representing Merrill Industrial Center was sworn in and
addressed the board in opposition to the petition. Hearing no one further, the
public hearing was closed. The board discussed operation procedures with the
petitioners specifically pertaining to the washing of buses, the personnel hired
along with the amount and location of employee parking.
The item was brought back to the board for comment, after further discussion the
board recommended that Mr. Virta work with Bud Palm and the City Engineers to
find a solution for some type of planting area for the space between the right of
way, so that vehicles and busses would not park along 32"d St.. Comments were
also made regarding drainage and it was noted that this would be addressed
during the permitting phase.
In addition the board recommended that the petitioner fully complying with the staff
report prepared by Mr. Virta, as stated above, that the landscape and irrigation
plans be completed, landscaping buffer be expanded to 20' (on center), and that
the chain link fence be located inside the perimeter along, and stipulation that
there will be no off street parking along 32"d Street and that Phase 1 and Phase 2
of the project be on 1 permit and that 2 of the bus parking places be designated as
employee parking.
Motion made by Josh Dresser to approve the special exception SE- 97 with the
condition that they fully comply with the City of Dania's requirements, expand the
landscape buffer along the southern property line 20' on center, that the chain link
MINUTES — SPECIAL MEETING 7 December 1, 1997
Planning and Zoning Board
fence be located inside the perimeter buffer along all sides of the property; that a
completed set of drawings are received; that there be a stipulation that guarantees
no off street parking along 32"d Street; that phase 1 and 2 be on 1 permit; and that
2 additional bus parking spaces be designated as employee parking. Motion
seconded by Pat Janowski. Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
The board discussed the fact that recommendation could not be made to approve
the site plan due to the fact that all of the information required for a site plan has
not been met.
Motion made by Josh Dresser to deny SP-35-97 due to the site plan not meeting
the site plan requirements, seconded by Pat Janowski. Motion passed on the
following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
9. RZ-33-97 - The request of Martha Sue Cochran for a rezoning request for
property located at 220 SW 16 Street. The request is to rezone the following
legally described property from RD-6000 to C2, using the 20% land use flexibility
rule:
Legal Description: Lot 9, Block 26 of "North Hollywood" according to the Plat
thereof as recorded in Plat Book 4, Page 1 of the Public Records of Broward
County, Florida.
Patricia Hart, representative for Mr. & Mrs. Robert Cochran, was sworn in and
addressed the board regarding the proposed rezoning request. The board
questioned Mr. Terry Virta, AICP, Growth Management Director, and Mr. Tim
Ryan, City Attorney, about spot zoning and whether this petition would be
considered as such. Ms. Hart further stated that this property, as residentially
zoned, is impossible for the owners to sell and that the living conditions on a 4
lane highway, Sheridan Street, is bad. The board, City Attorney Ryan and Mr.
Virta further discussed the history of the site and plans for future update of the
City's Comprehensive Plan. Chairman Lohmann opened the item for public
comment. The board heard hardship statements from Mr. & Mrs. Cochran and
Patricia Hart. Hearing no further discussion, the Chairman closed the public
hearing. After further discussion a motion was made by Josh Dresser, seconded
by Pat Janowski, to recommend approval of the petition for rezoning RZ-33-98,
changing the request for zoning from "RD-6000 to C2" to "RD-6000 to C-1."
Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
MINUTES —SPECIAL MEETING 8 December 1, 1997
Planning and Zoning Board
Item 4 was heard at this time:
4. Administrative Ordinance dealing with storage facilities for churches and schools
located in a RD-6000 district.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER
28, ZONING; ARTICLE 4, DISTRICT REGULATIONS, SECTION 4.20 -
APPLICATION OF REGULATIONS, OF THE CODE OF ORDINANCES OF
THE CITY OF DANIA, FLORIDA, BY ADDING A SPECIAL EXCEPTION
CATEGORY TO THE RD-6000 DISTRICT WHICH ALLOWS THE USE OF
RECORD STORAGE FACILITIES FOR CHUCHES AND SCHOOLS WITHIN
200 FEET OF SUCH APPROVED CHURCH OR SCHOOL; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH
BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING
FOR AN EFFECTIVE DATE.
Terry Virta, AICP, Growth Management Director addressed the board with a
description of the proposed ordinance. Mr. Virta suggested amendment of the
ordinance by striking the word "Record" from the phrase "WHICH ALLOWS
THE USE OF RECORD STORAGE FACILITIES." Hearing no further
discussion by the board, a motion was made by Josh Dresser, seconded by
Pat Janowski to approve the proposed zoning ordinance, with the exclusion of
the word "Record." Motion passed on the following roll call:
Josh Dresser - yes Pat Janowski - yes Victor Lohmann - yes
10. Adjournment
MINUTES —SPECIAL MEETING 9 December 1, 1997
Planning and Zoning Board