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HomeMy WebLinkAbout1997-04-16 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING April 16, 1997 7:00 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. ORGANIZATIONAL BUSINESS 2. Orientation and appointment of Chair and Vice-Chair persons. Swear in of Board Members Each member was individually sworn in by the Board Clerk. Nomination of Officers. June Silvernale nominated Victor Lohmann as Chairman of the Planning and Zoning Board, seconded by Josh Dresser. Motion was passed unanimously. Victor Lohmann nominated June Silvernale as Vice Chair of the Planning and Zoning Board, seconded by Josh Dresser. Motion passed unanimously. Victor Lohmann nominated Josh Dresser as Secretary of the Planning and Zoning Board, seconded by June Silvernale. Motion passed unanimously. Orientation Leigh Kerr, Planning Consultant for the City gave a brief overview of the responsibilities and items that will come before the board. Leigh explained that the board is responsible for helping with the growth and development of the community and implementing its land use laws. He gave a brief summary of the content of the City's Comprehensive Plan. He then went into the specific types of development that might occur on a property such as rezoning and site plan. Leigh described that certain uses are allowable for certain zoning areas and that there are procedures for;obtaining special exceptions to these zoning uses listed in the code. He described specific standards that would be addressed pertaining to height, width, density and setback requirements and that there are avenues for obtaining variances from these standards also. Other petitions, which may come before the board, were also addressed. At this MINUTES 1 APRIL 16, 1997 Planning and Zoning Board 0 0 time Leigh turned the orientation over to Acting Attorney Tim Ryan to discuss duties of the board and quasi-judicial matters. Tim Ryan addressed the board notifying them that they are a recommending board to the Dania City Commission. Quasi-judicial hearings were also discussed and decisions being based on "finding of facts." Attorney Ryan stated that anyone wishing to speak before the board should be sworn in. The Dania Marine Flea Market volunteer booth was also discussed. Josh Dresser asked if all members would be receiving a zoning map for the City. The Clerk advised the board that as soon as the bugs are worked out of the new zoning map, all members would be receiving a copy. Victor Lohmann asked if a zoning map could be laminated for presentations during meetings. The Clerk advised that she would check into having one of the maps laminated for the meetings. The organization portion of the meeting was concluded and it was announced that the regular meeting of the Planning and Zoning Board would begin at 7:30 p.m. *7:30 p.m. beginning of the Regular Planning and Zoning Board Meeting. Roll Call Present: Also Present: Josh Dresser Leigh Kerr, Planning Consultant Pat Janowski Tim Ryan, Acting City Attorney Victor Lohmann Lou Ann Cunningham, Board Clerk June Silvernale New Business 3. Approval of Minutes. March 19, 1997, Regular Planning and Zoning Board meeting. Motion was made by June Silvernale, seconded by Josh Dresser to approve the minutes of the March 19, 1997, Regular Planning and Zoning Board meeting. Motion passed on the following roll call: Josh Dresser - yes Pat Janowski - yes June Silvernale - yes Victor Lohmann - yes MINUTES 2 APRIL 16, 1997 Planning and Zoning Board 4. SP-05-97 — Request by Michael Thomas, as petitioner for Fairfield Suites Hotel by Marriott, for site plan approval of a proposed 152 room Hotel. The site is situated at the northeast corner of Stirling Road and 1-95, and is legally described as follows: Parcel A according to the Plat of"Duke and Duke Subdivision" as recorded in Plat Book 124, Page 48 of the Public Records of Broward County, Florida, together with Parcel A and B according to the "Krilich Plat" as recorded in Plat Book 142, Page 19 of the Public Records of Broward County, Florida. Said lands lying in the City of Dania, Broward County, Florida, containing 12.0105 acres more or less. Leigh Kerr addressed the board and briefly described the Master Conceptual Plan for the site. He described the location of the site as being bound on the West by 1-95, on the South by Stirling Rd. and the North by Dania Beach Blvd. He also described that the total site will include 2 hotels, a car agency, restaurants and office buildings; and that a road that will pass through the site and connect with Oakwood Blvd. to the South. Leigh stated that the current request is for site plan approval of a 152-room Marriott Suites hotel. He described the first issue in conflict of the code, relating to the height of the structure. He stated that the code calls for a limitation of 5 stories or a 62-foot height. The proposed building meets the 62-foot height requirement but exceeds the 5- story limitation. Leigh stated that in 1986 there was a variance granted to the site for a 160-foot height restriction. The petitioner would like to present this past variance to the City Commission for revalidation, due to the fact that the variance was approved at a time when there were no time limitations on variances. Leigh described the landscape plan, identifying access to the site, parking, and the location of the hotel. A correction, which has been addressed, is to the dumpster detail meeting the requirements of the code. The last requirement to be addressed, is compliance with the City's Tree Protection Ordinance. An updated tree survey must be provided, and for any trees removed a fee must be paid. Leigh stated that staff recommends approval of the site plan with the conditions of the variance being re-validated and compliance with the City's Tree Protection Ordinance. At this time Brett Nein of CCL Consultants and representative for the applicant Michael Thomas, was sworn in and addressed the board. Mr. Nein gave a brief description of the plan to the board. The petitioner, Michael Thomas, was sworn in and addressed the board giving his description of the project and surrounding properties in the area. At this time Chairman Lohmann solicited comments from the board. Question were made regarding the height variance and FAA approvals. At this time Chairman Lohmann opened the item for public comment. Mr. David Forman, President of the Broward County Autobahn Society, was sworn in and addressed the board. Mr. Forman described the adjacent property owned by the Autobahn Society and the important roll of trees. He also read the poem "Trees" to the board. Bobbi Grace was sworn in and addressed the board in support of the project MINUTES 3 APRIL 16, 1997 Planning and Zoning Board • • and protection of trees as well. Hearing no other comments from the public the board discussed the issue of the trees on the site with the petitioner. Clarification of the tree preservation ordinance was also discussed. It was noted that once a specific tree survey is submitted specimen trees can be identified for possible preservation / relocation. Motion made by June Silvernale to recommend approval of the site plan with the conditions as set forth concerning the previously approved variance, compliance with the tree preservation ordinance that would bring the site into compliance with the code, and as amended by the petitioner, to specifically identify all specimen oak trees and provide that 100% of all the specimen oak trees be either preserved or relocated on the subject property, seconded by Pat Janowski. Motion passed on the following roll call: Josh Dresser - yes Pat Janowski - yes June Silvernale - yes Victor Lohmann - yes 5. SP-09-97 — Request by the Jerry Carter as representative for the Dania Economic Development Corporation for site plan approval of the first building of a three building complex which will provide for two (2) apartment buildings and one (1) recreational building. The proposed site is located at the northeast corner of NW 12th Avenue and Northwest 2"d Street, and is legally described as follows: Parcel "A" — The West Half (W '/) of the Southwest Quarter (SW %) of the Southwest Quarter (SW %) of the Northwest Quarter (NW %) of Section 34, Township 50 South, Range 42 East, less the East 144.50 feet thereof; said lands being located in the City of thereof; said lands being located in the City of Dania, Broward County, Florida, and containing 2.9 acres more or less. Subject to a public road right-of-way over and across the South 25 feet and further subject to a right-of-way Deed dated May 8, 1958, recorded August 11, 1960, in OR Book 2007-299. Parcel "B" — The East Half (E 1/) of the Southeast Quarter (SE %) of the Southeast Quarter (SE %) of the Northeast Quarter (NE %) of Section 33, Township 50 South, Range 42 East, said lands being located in Broward County, Florida, and containing 5.18 acres, more or less. Subject to a public road right-of-way over and across the South 25 feet and further subject to a right-of-way Deed dated May 8, 1958, recorded August 11, 1960, in OR Book 2007- 299. Leigh Kerr addressed the board describing the site plan request for the first of three buildings that will be developed on the site. Leigh described the project as being for 11 apartments and 1 managers office, located at 12th avenue and NW 2"d St. Leigh confirmed that the site meets or exceeds all requirements of the City Code. Staff recommends that before a permit is issued, that the plan conforms to the tree removal license requirements of the City and that any proposed signs conform to City code. Leigh concluded his summation recommending approval of the site plan. At this time Jerry Carter, President of the Dania Economic Development Corporation, was sworn in and addressed the board. Mr. Carter described the project as being MINUTES 4 APRIL 16, 1997 Planning and Zoning Board • 0 affordable housing units for senior citizens in the area, including a recreation building for the residents of the unit. Mr. Carter explained that these will be rental units, and that the Dania Economic Development Corporation is a tax exempt / non-profit organization that is involved with the revitalization of communities. Discussion from the board included commending Mr. Carter and his organization for the wonderful work he has done in the revitalization of Dania. Chairman Lohmann opened this item for public comment. Hearing no one and seeing no one the public hearing was closed. Motion was made by Josh Dresser to recommend approval of SP-09-97, seconded by June Silvernale. Motion passed on the following roll call: Josh Dresser - yes Pat Janowski - yes June Silvernale - yes Victor Lohmann - yes Old Business 6. TX-34-96 - The request of Lionel N. Jadoo as representative for New Care Health Corporation, for a zoning text change to add a special exception provision to the RS- 6000 zoning classification to read as follows: "OWNERS OF EXISTING NURSING HOMES WITH A MINIMUM OF FIFTY (50) BEDS SHALL BE AUTHORIZED TO OPERATE AND OWN ADULT LIVING FACILITIES IN SEPARATE DWELLING UNITS WHICH INCLUDE KITCHEN FACILITIES AND BATHROOM FACILITIES AND ARE OCCUPIED BY NO MORE THAN SIX (6) RESIDENTS PER DWELLING UNIT." Leigh Kerr described that the text change would add new text to the City's zoning Code to permit the operation of adult congregate living facilities adjacent to nursing homes with 50 beds or more. The Florida Statutes speaks to the location of adult congregate living facilities that are 6 residents or fewer stipulating that there must be 1,000 feet spacing requirement between those types of facilities. It also states that a local government cannot control the location of one of those types of facilities if it is singularly located. If there is just 1 "six person" facility, they can be sited in any Single Family Residential neighborhood, in any community and the only compliance would be for building code requirements. In this case the petitioner is requesting that the code be changed to allow a cluster of "six person" facilities closer that the 1,000 foot separation allowed by the State Statute. This request makes for a more liberal interpretation by the City of Dania, to permit these types of uses to occur in closer proximity to one another. At this time Leigh concluded his summation introducing Attorney Jim Brady, representative for the petitioner. Attorney Jim Brady, of Brady and Coker 1318 S. E. 2"d Ave., Ft. Lauderdale, addressed the board stating reasons for the requested text change. Attorney Brady discussed the MINUTES 5 APRIL 16, 1997 Planning and Zoning Board credibility of Mr. Jadoo and his facilities. Attorney Brady also explained further that the State Statute allows the local government to make the requirement of "clustering" more liberal. He further stated that the text change was being sought to implement that provision of the State Statute. Further presentation was made to support the theory of putting these citizens closer together in a residential environment to better serve their needs. Attorney Brady furthered that this type of use will not negatively effect the neighborhood. He submitted photographs of properties purchased by Mr. Jadoo which to upgrade the neighborhood. Mr. lso were or will be renovated in an effort pg g Bradyy spoke of placing the elderly in a facility like the one proposed, which he felt would operate like a family residence. Mr. Brady concluded his summation requesting that the board recommend that the text change providing for the provision of a special exception be adopted. At this time Chairman Lohmann opened the item to the public for comment. Since the attendance was extremely large, all comments were asked to be kept brief and specific to the nature of the Text Change Amendment. All citizens speaking at the public hearing stated their name and address for the record and were sworn in: Chick Fingroup of Ft. Lauderdale speaking in favor of the text change in that it would be an asset to employment in Dania; Arthur Coachman of 736 SW 2"d PI. Dania, objected to the change in the zoning of his residential area; Marrietta Mitchell representing the College Gardens Neighborhood Association, spoke in opposition to the text change as they feel it would impact their neighborhood with a higher concentration of assisted living facilities and would depreciate the value of residential properties; Florence Santuccio, 131 SE 3`d Ave., Dania, in favor of the petition due to the fact that she her husband is a resident of the Dania Nursing Home and she can attest for the cleanliness and good care at a convenient location. Albert Jones, 722 SW 3`d St., Dania, in opposition due to the impact on the community, the integrity and value of the properties. He further stated the text change will allow an impact of more people into an area of one block zoned for single family residential. Lillian Adair, of Dania, in favor of the text change based on the convenient location for citizens who wish to have their elderly family members in town. Veta Mae Peterman, 732 SW 2"d PI., Dania, in opposition of the text change. Kashmir Felix, 2936 NW 92 Ave, Sunrise, reading letter of testimony in favor of Mr. Jadoo's facility. Bernice Armstrong, 718 SW 4'h St., Dania, in strong opposition of the text change, due to an impact of traffic from the visitors. Also expressed concern if the property changes hands. Henry Gitmart, of Davie, in favor of Mr. Jadoo's facility, feels it would be an asset to the neighborhood. Regina Byrd, Melalucca Isles, Dania, Commenting on the cleanliness and operation of Mr. Jadoo's facility and how he upgraded the area. MINUTES 6 APRIL 16, 1997 Planning and Zoning Board rd Carolyn W. Jones 722 SW 3 St. Dania in opposition of the text change, and to be y pp 9 , sensitive to the neighborhood. Rose Middleton, of Dania, in opposition of the text change, gave history of previous attempts at rezoning changes and the continued opposition. Also spoke of disturbances at night from some of the duplexes already, and feel they are already being occupied. Jimmy Peterman, of Dania, requesting an explanation of the text change. Acting City Attorney Tim Ryan, explained the State Law and the proposed text change to the public. Jimmy Peterman, spoke in opposition of the text change due to the fact that it will effect the whole City, but will only effect the single-family neighborhoods abutting nursing homes with more than 50 beds. Mr. Peterman felt this narrowed the area down to only one neighborhood, and felt the text change was suited to Mr. Jadoo's needs only. Jeffrey Collie, 726-730 SW 4th St., Dania, spoke in opposition of the text change. Curtis Bryant, 205 SW 7 Terr., Dania, spoke in opposition of the text change. Dana Hill, 728 SW 5th St., Dania, objecting to the text change failing to see the benefit of the ACLF homes in the neighborhood and spoke of the history of prior ACLF homes placed in her neighborhood and feels the SW section of the City has enough of these homes placed there. Liz Dominic, 1881 NW 42"d Terr., Lauderhill, spoke in favor of the text change and spoke negatively of the neighborhood prior to Mr. Jadoo purchasing the duplexes. Irma Bell, 718 SW 4th Terr., Dania, spoke in favor of the text change. Constance Nuby, 738 SW 4th Terr., Dania spoke in opposition of the text change due to wanderers from nursing homes, the noise generated by patients and traffic due to visitors. Charles Williams, 712 SW 2nd Terr., Dania spoke in opposition of the text change. Julius Boyd, 726 SW 4th Terr., Dania spoke in opposition of the text change for the safety of the children who play in the neighborhood. Willie Hill Jr., 728 SW 5th St., Dania spoke in opposition of the text change due to the fact that this neighborhood has been singled out as having 3-4 ALF's in their neighborhood alone. He also reminded the board that this change will affect the entire single family district of the entire City. He also feels that this change would have a commercial impact on the neighborhood. David Nuby, 738 SW 41h Terr., Dania spoke in opposition of the text change and feels that the current allowance of 1,000 feet separation is sufficient and has no objection to the current law but feels the text change would allow too much. He spoke of increased parking for visitors. Hearing no further comment from the public, Chairman Lohmann closed the public hearing. The item was brought back to the board for comment. The board discussed other ACLF's in the area. Other questions concerned the homes being large enough to house 6 adults, i.e. bathrooms, kitchen etc. Mr. Jadoo was sworn in and addressed the board concerning regulations and HRS rules governing ACLF's. He also attested that the regulation sizes of the rooms are 80 sq. feet and that he meets those criteria. The board questioned Leigh Kerr as to whether the contemplated use a higher, lower or MINUTES 7 APRIL 16, 1997 Planning and Zoning Board similar intensity use than a current zoning in an adjoining neighborhood and subject property. Leigh confirmed this to be a generally more intense use but other factors would be traded off(less use of parks, schools, etc.) He further stated that there would be more people living in the facilities than there would be under residential. Mr. Kerr further confirmed that without the text change, Mr. Jadoo could not operate these homes as an assisted living facility with 3 or less unrelated residents. It was also confirmed that these units could still be used as income rental units if the text change request was denied. The board questioned Leigh to the compatibility of the use with the residential neighborhood. Leigh briefly described the state statute and the reason for the law as to intermix or blend of this type of use into residential neighborhoods, so that both parties could live in harmony. He further stated that the text change request could be somewhat more of an intensification beyond that restriction and therefore somewhat less compatible. Bringing the item back for discussion, Chairman Lohmann commented regarding the text change stating that the petition will effect the entire city and the petitioner's intent to enhance his business. He noted that the present zoning still allows the petitioner to operate other ALF's in the city as long as they remain 1,000 feet apart. It was felt that while it is economically feasible to operate several ALF's within close proximity of each other, the economic benefits should not be relevant to a zoning text change that would enhance one business. Mr. Jadoo confirmed that he could still make good financial use of his properties by renting them out or selling them. After further discussion by the board the Chairman entertained a motion. Motion was made by Josh Dresser to deny the Zoning Text Change TX-34-96, seconded by Pat Janowski. Motion passed on the following roll call: Josh Dresser - yes Pat Janowski - yes June Silvernale - no Victor Lohmann - yes It was determined that the board would hear the Special Exception request in the event that the City Commission decides to approve the Text Change. 7. SE-36-96 - The request of Lionel N. Jadoo as representative for New Care Health Corporation, for a special exception to operate eight (8) adult living facilities. Properties exist at the following locations: 422 Phippen-Waiters Rd., legally described as Lot 23, Block 9, College Tract 2nd Addition, according to the plat thereof, as recorded in Pat book 19, Page 19, of the public records of Broward County, Florida; 706 SW 4th Terrace, legally described as Lot 24, Block 9, College Tract 2nd Addition, according to the Plat thereof, as recorded in Plat book 19, Page 19, of the public records of Broward County, Florida; MINUTES 8 APRIL 16, 1997 Planning and Zoning Board • • 713 SW 4'h Street; legally described as Lot 16, Block 9, College Tract 2nd Addition, according to the plat thereof, as recorded in Plat Book 19, Page 19, of the public records of Broward County, Florida; 705 SW 4'h Terrace, legally described as Lot 13, Block 8, College Tract 2nd Addition, according to the Plat thereof, as recorded in Plat Book 19, Page 19, of the Public Records of Broward County Florida; 418 Phippen-Waiters Rd., legally described as Lot 22, Block 9, College Tract 2nd Addition, according to the Plat thereof, as recorded in Plat Book 19, Page 19, of the Public records of Broward County, Florida. Leigh Kerr addressed the board and described the special exception request for the lots read into the record. Leigh stated that the board must determine is whether the criteria is met under Section 6.4 of the City of Dania Code. At this time Jim Brady, Esq. addressed the board to clear up some of the concerns made by residents in opposition to the Text Change request. Mr. Brady went on to clarify the criteria submitted in determining approval of the Special Exception request as it would have applied to the code (if the text change was approved.) Chairman Lohmann opened this item for public comment at this time. Albert Jones addressed the board again speaking in due to the fact that it would greatly impact a residential community for a oppositiong y p ty single business venture. Rholanda Higgs addressed the board speaking in opposition of the special exception request with the feeling that this would not have been a hardship if he would have done research before he invested money into a project of this type, and that this venture would have a negative impact on the neighborhood. Jimmy Peterman spoke in opposition due to the extensive amount of rescue calls experienced in the past year alone for just the nursing home. Willie Hill Jr., spoke in opposition to a more liberal zoning use. Hearing no one further and seeing no one further the Chairman closed the public hearing. Comments from the board questioning the legality of hearing the special exception request, even though the text change was recommended for denial, were answered by Acting City Attorney Ryan. Comments were made regarding neighborhood ACLF's to a positive nature if they are quality ACLF's. The impact and the concerns of the community were addressed by the board, and it was clearly noted that the community felt their neighborhood was not the place for this type of ACLF. Motion was made by Josh Dresser to recommend denial of the special exception request, seconded by Pat Janowski. Motion passed on the following roll call: Josh Dresser - yes Pat Janowski - yes June Silvernale - no Victor Lohmann - yes MINUTES 9 APRIL 16, 1997 Planning and Zoning Board • i Administrative Business 8. Discussion of the City's Comprehensive Plan Update — Continued until the next regular Planning and Zoning Board Meeting. 9. Adjourn MINUTES 10 APRIL 16, 1997 Planning and Zoning Board