Loading...
HomeMy WebLinkAbout1997-10-15 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING October 15, 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 Jason Dubow Absent: John Knight Approval of Minutes from the September 17, 1997, Regular Planning and Zoning Board meeting. Motion made by Josh Dresser, seconded by Pat Janowski, to approve the minutes of the September 17, 1997 regular Planning and Zoning Board meeting. Motion passed unanimously. OLD BUSINESS 3. VA-25-97 - The request of Richard Fairbanks, Titan Maritime Industries, Inc. located at 410 SW 4t' Terrace, Dania, for variances from rear and side yard set back requirements as listed in the City of Dania Code of Ordinances, Chapter 28, Article 4, Schedule of Lot, Yard and Bulk Regulations and landscape requirements as listed in Chapter 26, Article IV, Section 26-50. The property is zoned IR (Restricted Industrial). Titan Maritime Industries would like to construct a 1-story r ert it in at the southeast corner of their o c.b.s. Chemical Bay Accessory Building property. y• The first variance request is to allow the use of a 10' setback from the rear (south) and a 0' setback on the side (east) property line where the code calls for 20' setbacks on both the side and rear yards. The second variance request is from landscape requirements as listed in Chapter 26, Article IV, Section 26-50, Landscape requirements for areas separating business, commercial and industrial property from residential property. The property is described as: All of tract 'B'; Tract 'D', less the West 100 feet thereof; Tract `E', less the West 100 feet thereof; and the South 112.80 feet of Tract 'F'; all in "College Tract 3`d Addition', according to the plat thereof as MINUTES 1 October 15, 1997 Planning and Zoning Board 0 • recorded in Plat Book 41, page 11, of the public records of Broward County, Florida; together with the ingress-egress easement over remainder of said Tract 'F'. Robert Vick, Architect representing Titan Maritime addressed the board to describe the variance requests. Mr. Vick explained that the chemical bay would be abutting the property line of the East Coast Railroad easement. He described the structure as a CBS structure with a metal roof which would be used as a chemical washing facility. Mr. Vick explained that the reason the building can not meet the setback requirements is due to the fact that a staging area is necessary in front of the chemical bay to get parts and equipment to and from the area. He described a proposed landscape plan to the board which would add some enhancement to the site as well as clean it up aesthetically. The petitioner displayed a site board showing the proposed variance and revised site plans were passed out to the board. The board questioned irrigation of the proposed landscaping. The petitioner had no problem with submitting an irrigation plan to go along with the landscaping. The facility was described as a marine salvage company which takes used equipment, which is usually oil coated, and cleans it up with a type of chemical solvent. Mr. Vick assured the board that the chemicals used are EPA approved, and that the used chemicals are taken away by a hazardous materials reclaim system, which is licensed and regulated by the appropriate agency's. Mr. Vick further explained that the proposed chemical bay removes this process from the main building where the offices are located. The board questioned drainage and infiltration with the ground water and was assured by the petitioner that the building is to be structured so that a 30' wall would surround it so that no chemicals would run out of the building in the event of a spill. At this time Terry Virta, AICP, Growth Management Director, addressed the board with his review of the petition. Mr. Virta explained the variance relating to the requirement of a landscape berm when a residential district abuts an industrial property. Mr. Virta further explained the uniqueness of this situation being that the RD-6000 district begins with the railroad tracks and its easements. Mr. Virta explained that all other requirements for landscaping must be met for the additional building. He stated that currently no trees exists buffering around the perimeter of the site and that the petitioner would need to meet the buffering requirement around the remainder of the perimeter of the site except, of course, where the addition would be placed. Mr. Virta advised the board that he has not had a chance to fully examine the revised plan, which includes the landscaping, that was distributed tonight. The board discussed further items pertaining to access, dumpsters, green space and existing slab. At this time the Chairman opened this item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. After further discussion about the landscaping and berm a motion was made by Josh Dresser to approve the variance VA-25-97 contingent upon the landscape plan MINUTES 2 October 15, 1997 Planning and Zoning Board and irrigation plan be presented to staff before being brought to the commission, seconded by Pat Janowski. Motion passed on the following roll call: JOSH DRESSER - YES PAT JANOWSKI - YES VICTOR LOHMANN - YES JASON DUBOW - YES 4. SP-27-97 - The request of Richard Fairbanks, Titan Maritime Industries, Inc. located at 410 SW 4th Terrace, Dania, for site plan approval to construct a 1-story c.b.s. Chemical Bay Accessory Building at the southeast corner of their property. The property is zoned IR (Restricted Industrial). The property is legally described as follows: All of tract 'B'; Tract 'D', less the West 100 feet thereof; Tract 'E', less the West 100 feet thereof; and the South 112.80 feet of Tract 'F'; all in "College Tract 3`d Addition', according to the plat thereof as recorded in Plat Book 41, page 11, of the public records of Broward County, Florida; together with the ingress-egress easement over remainder of said Tract 'F'. Terry Virta, AICP, Growth Management Director reviewed the site plan request for an addition of a Chemical Bay facility to the board. He reviewed again in light of the previously approved variance VA-25-97. At this time the Chairman opened this item for public comment. Mr. Michael Harris of 263 SW 8th Street addressed the board and was sworn in by the clerk. He requested information as to what type of equipment was being cleaned and any environmental concerns that might affect the residential neighborhood. Mr. Harris's questions were answered by the petitioner and by Mr. Virta. Hearing no one and seeing no one further, the Chairman closed the public hearing. Motion was made by Josh Dresser to approve the site plan request SP-27-97 contingent upon approval of variance VA-25-97 which provided for landscaping and irrigation plans to be reviewed and approved by staff before presentation to the commission, seconded by Pat Janowski. Motion passed on the following roll call: JOSH DRESSER - YES PAT JANOWSKI - YES VICTOR LOHMANN - YES JASON DUBOW - YES 5. SP-28-97 —The request of Mark Mogerman, attorney for Grand Prix Race-o-Rama located at 1700 NW 1" Street, Dania, for site plan approval to construct 2 additions to the existing game room. Property is legally described as follows: Parcel "A" Commerce Center of Dania as recorded in Plat Book 135, Page 44 of the Public Records of Broward County, Florida; Together with: Parcel "A" Dania Office Park as recorded in Plat Book 130, Page 29 of the Public Records of Broward County Florida; Together With: Lots 7 and 8 Tigertail Grove Resubdivision as recorded in Plat Book 30, Page 20 of the MINUTES 3 October 15, 1997 Planning and Zoning Board Public Records of Broward County, Florida; The South 295 feet of Tract "A" of the reamended Plat of Hollywood Farms as recorded in Plat Book 36, Page 46 of the Public Records of Broward County, Florida, less the East 15 feet thereof; Said land situate within the City of Dania, Broward County, Florida containing 60.49 acres more or less. Subject to a private road being a portion of Tigertail Boulevard as vacated by Official Record Book 4149, Page 601, of the Public Records of Broward County, Florida lying East of the Northerly extension of the East line of Lot 7 of said Tigertail Grove Resubdivision and West of the East right-of-way for I- 95 (State Road). Mike Mogerman, Manager of Grand Prix Race-O-Rama, addressed the board to explain his request for site plan approval. Mr. Mogerman explained the project as being two additions to the main game room for additional gaming and a "Laser Tag" room. He further explained that the site would still provide parking which well exceeds the required amount. At this time, Terry Virta, AICP, Growth Management Director addressed the board and explained staffs review of the site plan request. He did note that landscaping for the site will have to be brought up to the current standards, which will require the need for minor modifications to the parking lot to accommodate the additional landscaping that is required. Questions were asked regarding the formulas used for the parking required. Staff concurred that the existing parking was sufficient to handle the uses. Mr. Mogerman advised that they do own additional parcels to accommodate any future needs. Further discussion involving trash enclosures and a current survey were discussed by the board and the petitioner. At this time the Chairman opened this item for public comment. Hearing no one and seeing no one, the Chairman closed the public hearing. It was noted by staff that since the access points were not changing, comments did not need to be obtained from the Department of Transportation. Motion was made by Josh Dresser to approve the site plan with the stipulation that the petitioner provide staff with an updated survey showing location of the dumpster(s) and there layout, and the upgrading of the landscaping in the parking lot, seconded by Pat Janowski. Motion passed on the following roll call: JOSH DRESSER - YES PAT JANOWSKI - YES VICTOR LOHMANN - YES JASON DUBOW - YES 6. 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. MINUTES 4 October 15, 1997 Planning and Zoning Board • • The property is described as: 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. Attorney John Bernazzoli, representative for the petitioner Jeremiah! J. Kelly, addressed the board and gave a summation of the request for special exception to allow a bus parking, fueling and washing facility. Mr. Bernazzoli gave a brief description of the current operations located on Ravenswood Roo d. Mr. Bernazzoli stated that the special exception request is for a use that is 'listed in a lower zoning classification (C-4), than what the property is currently zoned (M-1). The board questioned the submission of a site plan application, and it was noted by Mr. Bernazzoli that the petitioner wanted to see if the special exception was accepted favorably before going through the expense of the site plan process. The board questioned where the proposed location is in relation to the existing site and the surrounding properties and existing zonings in the area. It was also noted that J.J. Kelly has been storing buses on Lot 5 of the site previous to the annexation in 1990, and this request will just expand the site over to lots 6 and 7. Other questions were posed by the board pertaining to the elevation of the site, sewer connection and the amount of buses / vehicles to be stored at the site. Mr. Bernazzoli stated that currently the buses are being parked at a leased site in the Port. Mr. Virta explained that the site is invisible to traffic from the ramp entering on to 1-595, and that the petitioner must submit a site plan before operation can begin. At this time the Chairman opened this item for public comment. Andrew Litvack, Attorney for Merrill Industrial Center, explained their property is located directly to the south of the proposed site. Mr. Litvack described their site and submitted pictures to the board of their site and Mr. Kelly's site. He further stated' that their site contained 3 buildings of office/warehouse property, valued at approximately 7 million. Mr. Litvack sited various environmental concerns his client has regarding the proposed use of the Kelly property. He submitted an environmental report done in 1987 in conjunction with a construction loan his client sought to obtain. Mr. Litvack sited portions of the report which stated that "The presence of J.J. Kelly to the North represents the possibility of contamination of ground water by diesel fuel, oils, antifreeze and other chemicals associated with the automotive service industry. Since the flow of the aquifer would bring these contaminants into areas to the south and east and thus onto this site (Merrill Industrial) there should be some concern as to the possibility of site contamination via this route." Mr. Litvack stated other concerns his client has such as fumes, noise etc. and that the application is vague in that specific details as to the site are not addressed. At this time Mr. Lloyd Berger of Brenner real estate, addressed the board as manager of the Merrill property in regards to buffering of the site. After further discussion, it MINUTES 5 October 15, 1997 Planning and Zoning Board was determined that Mr. Litvack's opposition was to the potential damage to the value of the Merrill Industrial Center property as it relates to pollution from the proposed use requested by J.J. Kelly. Hearing no one and seeing no one further, the Chairman closed the public hearing. Further questions were raised by the board relating to were the buses would be parked, groundwater contamination safeguards and the absence of a site plan. Mr. Virta addressed the board to describe the M-1 zoning classification, and that the requested special exception use is actually an allowance of a lighter zoning use of C-4. Further discussion regarding the absence of a site plan and the amount of parking spaces was heard. The board conferred with City Attorney Ryan about what actions could be taken at this time. The board then discussed concerns that should be addressed when preparing a site plan, especially pertaining to groundwater runoff and landscaping. A motion was made by Josh Dresser to continue the special exception request until the submittal of a site plan, seconded by Jason Dubow. Motion passed on the following roll call: JOSH DRESSER - YES PAT JANOWSKI - YES VICTOR LOHMANN - YES JASON DUBOW - YES 7. 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 7th Street, North of Dixie Highway and West of U.S. 1 East of the FEC Rail Road Tracks. The request is to rezone the following legally described properties: 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. 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 71' St. Request to Rezone from RD-6000 to C-3. t .244Acres. 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. Mr. David Zelk, Architect, representing American Maritime Officers, was sworn in and addressed the board. Mr. Zelk gave a background of the properties which are MINUTES 6 October 15, 1997 Planning and Zoning Board requested for rezoning and the improvements which are planned for these properties. Mr. Zelk further stated that in the process of renovation of these properties it was found that certain renovations could not be made under the present zoning classification. Mr. Zelk described the buildings that are presently on site as being unsafe and architecturally negative looking. Mr. Zelk submitted diagrams and pictures of what is to be proposed as renovations for storage facilities and offered to work with the surrounding neighbors. At this time Terry Virta, AICP, Growth Management Director, addressed the board with his summation of the proposed rezoning request. Mr. Virta described the original use of the structures as "garage/accessory" buildings to single family residences. Due to the fact that proposed use of these buildings will change with the renovations, a rezoning is required. Mr. Virta explained that another alternative would be to change to a PUD (Planned Unit Development), but the petitioner and staff has elected not to go that route, due to other complications. Questions were posed to City Attorney Ryan regarding whether the properties could be rezoned to Commercial and then down the road rezoned back to the original zoning of Residential, effectively creating a non-conforming use, and if there were any liabilities associated with this process. At this time David Merriken, Executive Director for the AMO Plans, was sworn in and addressed the board answering concerns posed by the board. Mr. Merriken advised the board of the renovations which have been done to date and the upgrading which has taken place over the years to their buildings in the neighborhood. Mr. Merriken concluded that he does not want to rezone, but he is just looking to upgrade these properties for the proposed uses. At this time the Chairman opened this item for public comment. Mr. Ron Costello of 262 SW 8th Street, was sworn in and addressed the board. Mr. Costello spoke in opposition of the rezoning request due to fear of his property values dropping. Mr. Michael Harris, previously sworn in, addressed the board. Mr. Harris commended AMO for the renovations which have been done in the past. Mr. Harris was opposed to the rezoning also for fear of degrading property values by changing this residential neighborhood, even temporarily, to commercial. Mr. Harris also felt that notification should have been made to more of the neighborhood than the required 300'. Mr. Merriken addressed the board again addressing the concerns posed by the citizens. Hearing no one and seeing no one further, the Chairman closed the public hearing. The photographs of the proposed renovations were made available for the public by the petitioner. The board raised concerns regarding the replacement of the structures and access to these buildings. The board questioned alternatives by Mr. Virta and City Attorney Ryan. Mr. Virta concurred with the petitioner in the uniqueness of the use, but could find no alternative avenues in the city's code except for a rezoning. The petitioner continued by answering further questions posed by Dania residents. The board and City Attorney Ryan discussed differences between special exception uses, variances, spot zoning and legal non-conforming uses. After MINUTES 7 October 15, 1997 Planning and Zoning Board further discussion it was decided that the board would continue the item so that it could be researched by the City Attorney whether the rezoning could be approved with an agreement that it would be rezoned back within a year. The City Attorney clarified for the board that the petitioner would rezone to C-2, with the petitioner not contesting the City rezoning the property back to residential within a year. If the City rezones it back to residential then the existing commercial structure would become a non-conforming use, therefore the non-conforming use would become legal. Mr. Virta, interjected that in effect the process to rezone back could be done immediately after the building permit was issued. He also stated that, in his opinion, this process would not diminish the property values of surrounding properties. Hearing no further discussion, a motion made by Josh Dresser, seconded by Pat Janowski to continue this item until the next regular Planning and Zoning Board meeting. Motion passed on the following roll call: JOSH DRESSER - YES PAT JANOWSKI - YES VICTOR LOHMANN - YES JASON DUBOW - YES 8. VA-31-97 - The request of Mario Ducas for a variance from side and rear yard setback requirements for an accessory building at 140 SE 2nd Ct.. Section 5.44 (a)(1) of the zoning code requires accessory structures to have 10' side and rear yard setbacks. The proposed shed is approximately 3' from the side yard lot line and approximately 7' feet from the rear property line. The legal description of the site is: Lots 19, 20 and the south 10' of 21, Block 4, in Mason Subdivision according to the plat thereof recorded in Plat Book 14 at Page 19 Y2, of the Public Records of Broward County, Florida. Mario Ducas addressed the board to give supporting evidence of hardship for granting of the variance from side and rear yard setbacks. The board then called upon Terry Virta, AICP, Growth Management Director to give his summation of the request. Mr. Virta explained that this request came about due to the applicant replacing the shed in 1993 without obtaining the proper building permits. He further continued that after review of the hardship criteria, the petitioner has failed to meet the tests supporting the request for a variance from side and rear yard setbacks. He concluded his summation stating that staff would recommend denial of this request. At this time the Chairman opened this item for public comment. Mr. Harold Miller of 136 SE 2 Ct. addressed the board siting his opposition to the variance request. Hearing no one and seeing no one further, the Chairman closed the public hearing. Brief discussion entailed on whether the shed was a portable shed and could be moved and whether the petitioner has room in his yard to meet the set back. It was stated by Mario Ducas that the shed was not set on a slab and could MINUTES 8 October 15, 1997 Planning and Zoning Board be moved. After further discussion by the board, a motion was made by Josh Dresser to deny the request for variance VA-31-97, seconded by Pat Janowski. Motion passed on the following roll call: JOSH DRESSER - YES PAT JANOWSKI - YES VICTOR LOHMANN - YES JASON DUBOW - YES 9. Adjournment MINUTES 9 October 15, 1997 Planning and Zoning Board i