HomeMy WebLinkAbout1997-09-17 Planning and Zoning Board Minutes ! r
MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
REGULAR MEETING
SEPTEMBER 17, 1997
7:30 P.M.
ROLL CALL ALSO PRESENT
Josh Dresser Terry Virta, Growth Management Director
Pat Janowski Tim Ryan, City Attorney
Victor Lohmann Lou Ann Cunningham, Board Clerk
Jason Dubow
Motion made by Josh Dresser to excuse John Knight, seconded by Pat Janowski.
Motion passed unanimously.
Approval of Minutes. August 20, 1997, Regular Planning and Zoning Board meeting.
Motion made by Josh Dresser, seconded by Pat Janowski to approve the minutes of
the August 20, 1997, Regular Planning and Zoning Board meeting. Motion passed
unanimously.
4. VA-25-97 - The request of Richard Fairbanks, Titan Maritime Industries, Inc. located at
410 SW 4t' Terrace, Dania, for a variance 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. The property is zoned IR (Restricted
Industrial). Titan Maritime Industries would like to construct a 1-story c.b.s. Chemical
Bay Accessory Building at the southeast corner of their property. The 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 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 31 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, requested that this item be continued
due to the fact that advertisement of another variance must be added to the petition.
Motion made by Josh Dresser to continue variance VA-25-97 until October 15, 1997,
seconded by Pat Janowski. Motion passed on the following roll call:
JOSH DRESSER - YES PAT JANOWSKI - YES
VICTOR LOHMANN - YES JASON DUBOW - YES
MINUTES 1 September 17, 1997
Planning and Zoning Board
6. VA-26-97 - The request of Earl R. Tremblay for property located at 258 SW 4tn St.
Dania, for a variance from 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.
The property is zoned RD-6000 (Two Family). Mr. Tremblay would like to attach a
garage at the southwest corner of his single family home. The request is to allow the
use of a side street setback of 9.50' at the north end of the addition to 14.25' at the
south side of the addition, from the west property line where the code calls for a 15'
setback on the street side yard.
The property is described as: Lot 3, Dania Heights Addition, according to the Plat
thereof, as recorded in Plat Book 28 at Page 19 of the Public Records of Broward
County, Florida...Less that Portion of Lot 3, as shown on said Plat of Dania Heights
Addition, included in the following description: Beginning at the Southeast corner of Lot
4, Dania Heights Addition, as recorded in Plat Book 28 at Page 19 of the Public
Records of Broward County, Florida, thence go in a Northerly direction along the
Easterly property line of said Lot 45, for a distance of 140.0 feet to a point, thence turn
an interior angle of 89°47'00" and go in a westerly direction a distance of 52.305 feet to
a point, thence turn an interior angle of 97026'50" and go in a southerly direction a
distance of 141.19 feet to a point, thence turn an interior angle of 82033'10" and go in
an Easterly direction of 70.08 feet to a Point of Beginning.
Terry Virta, AICP, Growth Management Director addressed the board explaining the
variance request to the board. Mr. Virta explained that Mr. Tremblay's home is situated
parallel to SW 4t" Street and that the lot is a trapezoidal shape. The request is for a
variance from street side setbacks of 14 feet at the southern end and 9.5 feet at the
northern end so that he may construct a garage to be accessed off of SW 4th St. Mr.
Virta concluded his summation stating that staff would recommend approval of this
request.
Mr. Tremblay addressed the board to answer any questions they may have. At this
time the Chairman opened this item for public comment. Hearing no one and seeing no
one, the Chairman closed the public hearing. Motion was made by Josh Dresser to
approve the variance request VA-26-97, seconded by Pat Janowski. Motion passed on
the following roll call:
JOSH DRESSER - YES PAT JANOWSKI - YES
VICTOR LOHMANN - YES JASON DUBOW - YES
At this time, the proposed ordinance concerning Service Station Design Guidelines was
addressed.
OTHER BUSINESS
7. Zoning Text Ordinance - Service Station Design Guidelines. Review was made by the
board concerning the proposed service station design guidelines. Terry Virta, AICP,
MINUTES 2 September 17, 1997
Planning and Zoning Board
Growth Management Director, addressed the board and described the proposed
ordinance. Mr. Virta explained that Section 2 (b) allowed for exceptions to the code to
be made by either a variance or special exception process on the approval of the City
Commission, by resolution. Discussion was made concerning the $10,000 renovation
clause as stated in Section 2, "Applicability" and the provision with excluded the sale of
alcoholic beverages as stated in Section 6 "Ancillary Uses". It was felt that a service
station owner might not take the proper environmental precautions and modifications to
his site if he felt that additional expense would have to be made to comply with the
ordinance. The board further discussed the location and method used to ',determine
access as stated in Section 8 "Location". Mr. Virta explained that eparation
requirements would be measured from access point to access point betwe n service
stations. Questions were also posed regarding servicing of vehicles at the st tions, i.e.
changing tires etc.. Further discussion involved clarity to the reference of the sign
code, section 20-4.3(I)(5) and future amendments made to the sign code and
provisions for a cross reference. The board reviewed the revisions discussed and
sought out text that would be agreeable for the service station owners and the well
being of the City. Further discussion regarding the clause requiring compliance with
the ordinance upon renovations and whether upgrading the wells should included as a
renovation. At this time Mr. Bill Duffy of D.F. Consultants addressed the board offering
expert testimony in this field. Mr. Duffy explained that between the years of 1998 and
2007, tanks and piping of various ages must be upgraded and/or replaced. Mr. Duffy
stated that $10,000 is a very low threshold for the upgrades which are being mandated
by the government. He proceeded by answering questions by the board and giving an
overview of the monitoring regulations for tanks and the future laws governing new and
existing service stations, underground holding tanks, and the mechanics of the
dispensing units. Further discussion entailed regarding the amount used as a
threshold amount for renovations done and compliance with the ordinance.
After further discussion, the following motion was made by Josh Dresser to approve the
Ordinance regarding Gas Station Design Guidelines with the following changes:
1) Clause #2; Sub-section a), relating to the provision for additions and renovations
in excess $10,000, to state: $10,000 if in any 12 month period as determined by
the City and It shall further apply to all new services stations, additions and
renovations for underground tanks, pipes and sumps in excess of $100,000
within any 12 month period.
2) Clause #5; Sub-section a), to state: Landscape signs pursuant to Section 20-
4.3(I)(5) of the City of Dania Sign code "as may be amended" and add a clause
which states: e) The subject site shall comply with the City's existing sign
requirements as amended.
3) Clause #6: Sub-section a), changed from "not including alcoholic beverages", to
state: "Including alcoholic beverages".
MINUTES 3 September 17, 1997
Planning and Zoning Board
4) Clause #8: Sub-section a), to read: located within 500 feet from the access point
of a service station.
5) Section 2 of the Ordinance which states "That except as herein amended, all
other provisions of said Article 6 of Chapter 28 of the Code of Ordinances of the
City of Dania, Florida, as amended.
Seconded by, Pat Janowski. Motion passed on the following roll call:
JOSH DRESSER - YES PAT JANOWSKI - YEAS
VICTOR LOHMANN - YES JASON DUBOW - YEAS
OLD BUSINESS
3. SP-15-97 - Shell Gas Station / Wendy's Drive Through, located 19' and Stirling
Road, on the Leto Park Plat. (Continued from 8/20/97 meeting.)
The property is legally described as: A portion of Tract"A" of"Leto Park" according to the plat thereof
as recorded in plat book 118 at page 39 of the public records of Broward County, Florida....
Terry Virta, AICP, Growth Management Director addressed the board regarding the
proposed site plan application. Mr. Virta stated that this item was continued so that
staff may work with the petitioner on the existing vegetation and utilization of the
vegetation within the design of the project. Mr. Virta stated that the variance request
which was continued from the August meeting has been withdrawn by the petitioner
and that compliance with the parking requirements has been met. Mr. Virta stated that
the petitioner has worked very hard to preserve as much of the existing vegetation as
possible.
Mr. Bill Duffy, of D.F. Consultants addressed the board and explained the site plan as it
relates to vegetation, parking and building footprints. At this time Michael Oliver,
Landscape Architect addressed the board and explained the changes made to the
landscaping at the site. Mr. Oliver stated that the preservation of 10 trees and the
relocation another 8 trees make for a total of 18 trees to be saved on the site. These
are the most significant trees on the site, based upon consultation with Bill Tesario, the
Landscape Architect hired by the City. The petitioner agreed to allow the City to
harvest any trees that were not going to be saved. It was noted that the probability of
the relocated trees surviving was approximately 100%. It was also noted that the
dumpster enclosure must meet the City's required plan. The board questioned whether
the petitioner had a problem complying with the design guidelines which will go for
approval before the City Commission. It was noted that the roof of the building would
have to be modified to meet the criteria in the design guidelines as well as planters at
the end of the islands. Mr. Duffy agreed to work with staff regarding the design
guidelines. Discussion by the board and petitioner was heard regarding deliveries by
trucks, access and how this will effect parking.
MINUTES 4 September 17, 1997
Planning and Zoning Board
After passing the gavel, a motion was made by Victor Lohmann, to approve the
proposed site plan as it conforms to all codes, with a further recommendation that prior
to submission to city commission for final approval, that the petitioner meet with staff to
resolve any disparities between the current architectural and the proposed changes as
required in the gas station design guidelines. Further discussion by the board entailed
regarding the time line and undue hardship that might be caused the petitioner if the
design guidelines are not resolved by the commission. Motion amended; by Victor
Lohmann to recommend that the site plan be approved with the amendments on
landscaping, with the further recommendation that this existing site plan be in
compliance with the proposed design guidelines for service stations, Which are
scheduled to be heard by the City Commission at the same time that the site plan
comes for approval by the Commission, seconded by Jason Dubow. Motion passed on
the following roll call:
JOSH DRESSER - YES PAT JANOWSKI - NO
VICTOR LOHMANN - YES JASON DUBOW - YES
Motion was made by Josh Dresser to reconsider SP-15-97, seconded by Jason Dubow:
At this time the Chairman opened this item for public comment. At this time Mr. Jim
Janowski, 3436 SW 44th St., spoke in opposition to the site plan as it is a very
congested site and would like to see the car wash go and possibly put some picnic
tables in. Hearing and seeing no one further, the Chairman closed the public hearing.
Hearing no further discussion by the board the previous motion stood unchanged by
Victor Lohmann, seconded by Jason Dubow. Motion passed on the following roll call:
JOSH DRESSER - YES PAT JANOWSKI - NO
VICTOR LOHMANN - YES JASON DUBOW - YES
Hearing no further business, the meeting adjourned.
MINUTES 5 September 17, 1997
Planning and Zoning Board