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HomeMy WebLinkAbout1997-07-16 Planning and Zoning Board Minutes 0 MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING JULY 16, 1997 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'',BLVD,DANIA, FL 33004,(954)921-8700 EXT.202,AT LEAST 48 HOURS PRIOR TO MEETING. * Jason Dubow, sworn in as a member to the Planning and Zoning Board 1. Roll Call Present— Josh Dresser Leigh R. Kerr, Planning Consultant Jason Dubow Terry Virta, Growth Management Director Victor Lohmann, Chairman Tim Ryan, Acting City Attorney Lou Ann Cunningham, Board Clerk 2. Approval of Minutes. June 25, 1997, Regular Planning and Zoning Board meeting. Motion made by Josh Dresser, seconded by Jason Dubow to approve the minutes of the June 25, 1997 Regular Planning and Zoning Board meeting. Motion passed unanimously. 3. RZ-16-97 - A request for rezoning by Dr. Gilbert Berken, M.D., for property located at 114-118 and 122-128 SW 11 St.. The petitioner would like to rezone lots 13 through 16, Block 21 from the current zoning of C-2 to a zoning classification of C-3. The sites are legally described as follows: Lot 13, Block 21, "Town of Modelo", as recorded in Plat Book B, page 49, of the public records of Dade County, Florida. Lot 14, Block 21, "Town of Modelo", as recorded in Plat Book B, page 49, of the public records of Dade County, Florida. Lot 15, Block 21, "Town of Modelo", as recorded in Plat Book B, page 49, of the public records of Dade County, Florida. Lot 16, Block 21, "Town of Modelo", as recorded in Plat Book B, page 49, of the public records of Dade County, Florida. MINUTES 1 JULY 16, 1997 Planning and Zoning Board Leigh Kerr was sworn in and addressed the board regarding the rezoning request by Dr. Berken. He explained the surrounding zoning, land use and uses. Leigh confirmed that the requested zoning of C-3 is consistent with the land use plan for Dania. At this time Dr. Berken was sworn in and addressed the board. Dr. Berken stated his reasons for rezoning as to make the property consistent with the surrounding zoning in the area. Dr. Berken stated support from adjoining property owners (Jean Cook and Maryanne Signore of Willow Manors Retirement Home.) The board proceeded with questions regarding proposed uses and notification of adjoining property owners. At this time the item was opened to the public for comment. Hearing none and seeing none, the public hearing was closed. Motion was made by Josh dresser to recommend approval of RZ-16-97, seconded by Jason Dubow. Motion passed on the following roll call: Josh Dresser - yes Jason Dubow - yes Victor Lohmann - yes Rezoning petition RZ-16-97, Ordinance to be read on first reading at the August 12, 1997 Regular City Commission Meeting, second and final reading at the August 26, 1997 Regular City Commission Meeting. 4. SP-15-97 - A request for site plan approval by William Duffey; D.F. Consultants, Inc. for Shell Oil Products Company to construct a Wendy's restaurant / Shell Oil convenience store building with a self serve gasoline facility and car wash. The location of the property is within the plat "Leto Park", located on the northwest corner of Stirling Road and SW 19' Court, Dania. 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; Being More Particularly Described As Follows: Begin At The Most Southerly Southwest Corner Of Said Tract "A"; Thence Run North 00 Degrees 40 Minutes 16 Seconds East Along The West Line Of Said Tract "A" For A Distance Of 278.86 Feet To A Point; Thence Run North 89 Degrees 58 Minutes 59 Seconds East For A Distance Of 230.92 Feet To A Point On The East Line Of Said Tract "A"; Thence Run South 00 Degrees 40 Minutes 16 Seconds West Along The East Line Of Said Tract "A" For A Distance Of 254.22 Feet To A Point; Thence Run South 45 Degrees 20 Minutes 08 Seconds West For A Distance Of 16.37 Feet To A Point Of Intersection With The Arc Of A Circular Curve Concave To The Northwest, The Center Of Which Bears North 06 Degrees 11 Minutes 48 Seconds West From Said Point; Thence Run Southwesterly Along The Arc Of Said Curve Having A Radius Of 2302.26 Feet, Thru A Central Angel Of 05 Degrees 21 Minutes 09 Seconds For An Arc Distance Of 215.07 Feet To A Point Of Non-Tangency; Thence Run North 90 Degrees 00 Minutes 00 Seconds West For A Distance Of 4.98 Feet To The Point Of Beginning. MINUTES 2 JULY 16, 1997 Planning and Zoning Board Leigh Kerr, Planning Consultant addressed the board with a brief description of the proposed site plan for a Shell Gas Station/Car Wash/Convenience store and Wendy's fast food restaurant. Leigh described the property as being located west of 1-95 on Stirling Rd. and west of SW 19th Ct.; the parcel is situated on the plat known as "Leto Park". He described the access to the site as being off of 19th Ct., as well as a shared access off of Stirling Rd.. Leigh stated that the latter is contingent upon approval by FDOT, and the granting of certain easements. The land use designation for this parcel is Commercial on the comprehensive plan. Leigh stated that this area was annexed by the City so the zoning is Broward County's M-1, which allows for these types of uses. Leigh stated for the board, the comments, which should be addressed prior to a recommendation for site plan approval. Leigh stated that the site plan is subject to the delegation request approval for sharing the access for the southwest corner of the property. He also stated that the petitioner must complete the sign details for the project prior to building permit. In response to notation #2 in his comments, Leigh submitted site data table information provided by the petitioner this evening. The table breaks out the building types and parking requirements for the properties. Leigh stated that a tree mitigation report was submitted by the landscape architect, and that staff would like to see this report reviewed by the City's landscape consultant. He also stated that the petitioner's landscape architect is available to speak on the landscaping comments stated in his memo. Leigh stated that in response to note #1 referenced in the Engineering/Fire comments, the petitioner is available to comment on the recycled water process at the car wash facility. The petitioner has also indicated that they will comply with the 50' radius around the perimeter of the site, and that all DNRP permits will be obtained for surface water management and drainage. At this time, Leigh Kerr, Planning Consultant, introduced Terry Virta, the City's new Growth Management Director, to the board. The board welcomed Terry to the staff and welcomed all comments he had pertaining to the petition at hand. Terry Virta was sworn in and addressed the board, stating that he would like to save his comments until after the presentation by the petitioner. William Duffy, engineer for the project, was sworn in and addressed the board. Mr. Duffy gave a brief summation of the project, and went over the items noted on the comment sheet prepared by Leigh Kerr. Mr. Duffy stated that they have negotiated and applied for permits and are awaiting an agreement from FDOT to allow a joint access easement, he will then apply to the County to have the non- vehicular access easement removed and FDOT will incorporate the construction in their road widening. The petitioner will be responsible for constructing 19th Ct. to the east of the site, as well as having contracted, paid for and installed all necessary utility lines for water and sewer. He went on to explain the car wash facility and the "reclaim" system. Mr. Duffy explained that the paving and grading MINUTES 3 JULY 16, 1997 Planning and Zoning Board 0 • plan is complete and has been forwarded to DNRP, Surface Water Management. Mr. Duffy then proceeded to answer questions from the board, regarding the property to the west, the access agreement and utilities. Mr. Duffy introduced Michael Oliver, Landscape Architect for the Shell/Wendy's site. Mr. Oliver was sworn in and addressed the board with a presentation and comments pertaining to his tree survey report, and irrigation plan. Mr. Oliver was concerned that the 100% overlap requirement was in error and explained his reasons. Discussion entailed with the board as to whether this was excessive or not. Mr. Oliver concurred that there was 100% coverage with 50% overlap. Mr. Oliver discussed the requirement that indicates the interior landscaping for the vehicular use area total 20% of the vehicular use area; Mr. Oliver indicated that by lowering the buffer from 10' to the 5' required, he can meet this requirement. Mr. Oliver then went into discussion with the board on the tree mitigation report. Mr. Oliver also discussed the trees that are proposed to be moved or removed. The board questioned some of the terminology used for the trees that were slated to be removed and the reason for removal being interference with the buildings in the site plan. Mr. Oliver also explained to the board the cost involved in transplanting these trees. Hearing no further questions from the board to the petitioner, the chairman brought the item back to staff for comment. Terry Virta, Growth Management Director, addressed the board with his concerns as to the trees on the site. He stated that there are some discrepancies in the sizes of the trees listed on the survey, and that he would like to recommend that we contact our landscape architect to review the site. After further discussion by the board, a motion was made by Josh Dresser to defer this item until the August 20" meeting so that the City can contact an independent landscape architect check to the trees on the site, seconded by Jason Dubow. Motion passed on the following roll call: Josh Dresser - yes Jason Dubow - yes Victor Lohmann - yes 5. Discussion on recommendation to the City Commission regarding incorporation of lands in current City limits into existing City Ordinances and setting of time table for same for future annexation parcels. Chairman Lohmann described his concerns regarding the zoning codes being different in 3 different parts of the City. Leigh described the two different versions of the County Code as it pertains to the annexed area west of Ravenswood and the newly annexed area to the east of the airport, and the parcel just west of the Dania Water Plant (Boggs Parcel). Leigh stated that the current petitions being presented to the City have been using the City's landscape code, which is stricter than the County's, with no objections. Leigh stated that he had worked with a former Dania Growth Management Director to update the DM zones and incorporate them into Dania's code. Tim Ryan, Acting City Attorney, spoke to previous annexation agreements and the existing zonings of annexed properties being held so as the owners of these properties do not loose all of their property MINUTES 4 JULY 16, 1997 Planning and Zoning Board rights. Terry Virta explained that it would make sense administratively to utilized one code as opposed to 3 separate codes. It was decided that the board recommend that staff prepare a recommendation to the City Manager to discuss this item before the City Commission. Leigh gave the board an update on the status of the Evaluation and Appraisal Report submitted to DCA. After comments are received, the process of updating the City's Comprehensive Plan may begin. Adjournment MINUTES 5 JULY 16, 1997 Planning and Zoning Board