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HomeMy WebLinkAbout1997-01-22 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING JANUARY 22, 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. ROLL CALL Present Absent John Etling Kim Daise Victor Lohmann June Silvernale Anthony Stevens Others Present Leigh Kerr, Planning Consultant Ken Koch, Building Official Lou Ann Cunningham, Board Clerk APPROVAL OF MINUTES November 19, 1996 Regular Planning And Zoning Board meeting. Motion made by John Etling, seconded by Anthony Stevens approving the minutes of November 19, 1996. Motion passed unanimously. OLD BUSINESS VA-32-96 - The request of Mr. Frank A. Jose for variances from the provisions of the Dania Zoning Code to allow 12' x 27.50' or 330 sq. ft. addition to the commercial building at 129 NW 4 Avenue. The site is zoned RD-6000. "Franks Custom Paint and Auto Body" operates at this site as a non-conforming use. Section 8.20 of the Zoning Code indicates that no existing building or premises devoted to a non-conforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use. There are also requests for variances to the side yard and rear yard setback regulations of the RD-6000 zoning district as listed in the Section 4.202 of the Zoning Code, Schedule of Lot, Yard and Bulk Regulations. The 1 Planning and Minutes Zoning Board January 22, 1997 requests for a side yard setback of 5 feet rather than the 7 feet required and for a rear yard setback of 5 feet rather than the 15 feet required. The property is legally described as: Lots 8 and 9 in Block 8 of the town of Modello according to the Plat thereof as recorded in Plat Book B at Page 49 of the public records of Broward County, Florida. Leigh Kerr, Planning Consultant for the City, introduced himself to the board and gave a brief summation of the requested variance. Mr. Kerr described the site as the business location of "Franks Custom Paint and Auto Body", and that the property is zoned RD- 6000. He described the surrounding zoning to the North, West and South as residential and C-3 to the East of the FEC Railroad tracks. Leigh Kerr introduced Ken Koch, Building Official, to give more insight on the requested petition. Ken Koch, Building Official addressed the board with a history of the requested petition. Mr. Koch stated that the addition was constructed without the proper building permits The case was referred to the Unsafe Structures board in March of 1996, and the board entered a demolition order granting 60 days to either 1) obtain the requested variances and a building permit; 2) remove the structure, as it does not conform to code; or 3) for the City to demolish the structure. The petitioner has made this variance request to the Planning and Zoning board and City Commission, which will determine the outcome of the Unsafe Structures order. Mr. John Bartley, a local builder representing the petitioner, addressed the board concerning this case. Mr. Bartley explained that the structure was built without a permit but that there are corrections that can be repaired, and that Mr. Jose understands that there will be a double permit fee for constructing without a permit. Mr. Bartlely explained that surrounding property owners signed letters of no objection to Mr. Jose's request. At this time Vice Chair Victor Lohmann opened this item to the public for comment. Hearing no one and seeing no one, the public hearing was closed. Further questions regarding occupational license for this commercial business located in a RD-6000 zoning district. Mr. Kerr explained that the business was constructed in 1969 and is a non-conforming use and has been allowed to operate as such. Motion was made by Anthony Stevens to grant approval of VA-32-96, seconded by John Etling. Motion passed on the following roll call: John Etling - yes Anthony Stevens - yes Victor Lohmann - yes NEW BUSINESS TX-34-96 - The request of Lionel N. Jadoo as representative for New Care Health Corporation, for a zoning text change to add as a special exception under the RS-6000 zoning classification to read as follows: 2 Planning and Minutes Zoning Board January 22, 1997 1 "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." SE-36-96 - The request of Lionel N. Jadoo as representative for New Care Health Corporation, for a special exception under the RS-6000 zoning classification to operate (8) adult living facility dwelling units in conjunction with his existing nursing home in the duplex and single-family neighborhood. Properties exist at the following locations: 422 Phippen Rd., legally described as Lot 23, Block 9, College Tract 2"d Addition, according to the plat thereof, as recorded in Pat book 19, Page 19, of the public records of Broward County, Florida; 706 SW 41h Terrace, legally described as Lot 24, Block 9, College Tract 2"d Addition, according to the Plat thereof, as recorded in Plat book 19, Page 19, of the public records of Broward County, Florida; 713 SW 4th Street; legally described as Lot 16, Block 9, College Tract 2"d Addition, according to the plat thereof, as recorded in Plat Book 19, Page 19, of the public records of Broward County, Florida; 705 SW 4tn Terrace, legally described as Lot 13, Block 8, College Tract 2"d Addition, according to the Plat thereof, as recorded in Plat Book 19, Page 19, of the Public Records of Broward County Florida; 418 Phippen 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 described the petition as a request to provide a provision to the text of the City's zoning code that would allow the above type of facility to exist as a special exception use. There is also a special exception request by the petitioner that would follow, if the Text Amendment is passed, to operate 8 Adult Living Facility dwelling units in conjunction with his existing nursing home located in a residential area. Mr. Kerr further stated that the Florida State Statues provides that a Community Residential Facility of 6 persons or fewer can be located in a residential area, without zoning approval, but they must have a separation of 1,000 feet for each. Mr. Kerr stated that the intent of this State Statute was to provide for these facilities to fit into residential neighborhoods but not to overtake them or to provide an intrusion to the residential neighborhood. The petitioner is requesting a higher concentration (8) of these facilities 3 Planning and Minutes Zoning Board January 22, 1997 into this neighborhood. Mr. Kerr stated that the special exception does not include the site plan at this time, but that there is one on file and the petitioner will submit it upon the outcome his current requests tonight. Mr. Kerr's recommendation is that he concurs with the State Statute with regard to the location of these facilities, and that this request may provide an intense intrusion to the neighborhood. At this time the item was opened for public hearing. Mr. Archie Ryan, attorney for the petitioner Lionel Jadoo addressed the board with a petition list of residents in support of this request. Comments were heard from the neighbors in the immediate area of 4"' Street and 4t' Terrace, speaking against this petition. In summary it was stated that this petition would cause an adverse effect on the neighborhood and the property values, with strong feelings that this change will allow too much of a commercial type use in a family neighborhood. People speaking in favor of the request, spoke of how Mr. Jadoo has purchased and upgraded the abandoned homes in the area and how he has beautified the neighborhood and cleaned up the crime in the area. It was also felt that this is the minimum request he can ask for without changing the zoning of the entire neighborhood. At this time the Chairman closed the public hearing and requested a statement from the petitioner. Mr. Archie Ryan, Attorney for Mr. Lionel Jadoo addressed the board to explain the request for text change and special exception. Mr. Ryan stated that Lionel Jadoo is the owner of the Dania Nursing home facility. Mr. Ryan explained the concept of an Adult Living Facility and the reasons for the request. He stated that the residents of a nursing home require a higher level of care than individuals in adult living facilities. He further stated that there is a symbiotic relationship between an adult living facility and a nursing home as residents can go back and forth between those facilities as their condition changes. Recognizing the need for this type of use, and living in the community, Mr. Jadoo purchased a home across from his existing facility and renovated it. Mr. Ryan stated that the goal was to integrate these adult living facilities into the neighborhood. Mr. Ryan then displayed a conceptual site plan to the board, showing the existing Nursing Home and the buildings that were purchased and renovated with the intent of moving patients from the Nursing Home, as their condition improves, into the residential facilities. Mr. Ryan furthered that Mr. Jadoo's proposal is not to negatively impact the neighborhood, but rather to work within the neighborhood and provide for a need for this type of residential care within the neighborhood. Mr. Jadoo addressed the board and stated the history of his work within the community and the buildings he has obtained. Mr. Jadoo expressed his concerns on the condition of the neighborhood when he arrived at Dania Nursing Home. Mr. Jadoo continued by explaining the concept of a "continuum of care" where a patient lives in an assisted living facility, "A.L.F.", and stays there until such time more extensive care is needed. He is then transferred to the Nursing Home facility until recovery to which he can be returned to the ALF. Mr. Jadoo stated that currently, he is allowed to operate these facilities with up to no more than 3 persons per home without approvals. Mr. Jadoo 4 Planning and Minutes Zoning Board January 22, 1997 concluded expressing the necessity of his request and asking for the boards consideration. Questions by the board prevailed to Mr. Jadoo and Attorney Ryan asking how they got to this point with the properties without realizing that there was a State Statute limiting the distance between these A.L.F. properties. Mr. Ryan explained that the request is a villa concept and it is a new trend in A.L.F.'s. The board questioned the section in the Statutes where this new category has been instituted and asked for clarification of Chapter 419 of the State Statutes. Leigh Kerr, Consultant for the City, disagreed with Mr. Ryan stating that the Statutes only provide for the placing of no more than 6 unrelated residents, 1,000 sq. feet from each other, and from there is a category for Community Residential Homes which is 7 to 14 unrelated residents allowed only in a multifamily zoning district with certain parameters applying. The board felt that the information being stated is contradictory in nature. It was noted that the petition that was submitted to the board by Mr. Ryan, in favor of the petition, was signed by residents whose addresses were not in the immediate area of the requested petition, (mainly SE and NE sections). It was concluded that the negative responses were from the surrounding property owners, mainly concerned with the protection of the value of their homes. The board also brought up concerns of how the text change was worded. The board felt that the maintenance of inspections, licensing etc., were not listed in the text change as is stated in the State Statute. Other concerns were raised regarding the Text change overriding the State Statue. The board questioned whether Statues currently allow up to 3 unrelated residents per each home, in this close of a proximity. Mr. Kerr stated that this would have to be researched further; Mr. Jadoo and Mr. Ryan did not have this information readily available for the board and also felt this issue would have to researched further. Chairperson Lohmann deferred this item so that Mr. Ryan and Mr. Jadoo could confer further. At this time the next item on the Agenda was addressed. VA-38-96 - The request of Raymond Barberio for a variance from the provisions of the Dania Zoning Code to allow a 17.5 x 30.75 or 538.13 sq ft. addition to the residential building at 317 NE 5 Ct. The site is zoned RS-8000. Section 4.202 of the Zoning Code, Schedule of Lot, Yard and Bulk Regulations allows for 35% coverage. The owner would like to request an additional 353 sq. ft. or 38% of coverage. The property is legally described as: Lot 11 of "1st Addition to Royal Pa:im Vista" according to the plat thereof as recorded in Plat Book 62 at Page 36 of the public records of Broward County, Florida. 5 Planning and Minutes Zoning Board January 22, 1997 • • Leigh Kerr addressed the board to explain the petition for a screened enclosure addition to the rear of the property at 317 NE 5 h Ct. Mr. Kerr explained that this variance relates to the bulk regulations and the amount of coverage allowed at the site. The petitioner would like to increase the allowed coverage from 35% to 38% at his property. Zoning is RS-8000 and the home is approximately 2,600 sq. ft., with the addition being 17 x 31 feet. Mr. Kerr left the remaining comments for the petitioner to present his case. Mr. Ray Barberio addressed the board stating that his request is to put in a screened in patio so that he may enjoy the water behind his home. He stated that he has checked with his neighbors and that they have no objections to this request and would like to obtain the boards approval. At this time Chairperson Lohmann opened the item for public comment. Hearing no one and seeing no one the public hearing was closed. The board discussed whether another variance would be necessary if the screened enclosure was converted to an enclosed addition. Ken Koch, Building Official stated that it would not be necessary. After further review by the board and consideration that the increase in coverage was minimal (3%), a motion was made by Anthony Stevens, seconded by John Etling to grant recommendation of VA-38-96. Motion passed on the following roll call: John Etling - yes Anthony Stevens - yes Victor Lohmann - yes ** At this time Mr. Archie Ryan addressed the board concerning petition TX-34-96 and SE-36-96. The petitioner requested this item be tabled so that the information regarding the State Statutes be researched. Motion made by Anthony Stevens to table this item, seconded by John Etling. Motion passed on the following roll call: John Etiling -yes Anthony Stevens -yes Victor Lohmann -yes SP-01-97 - The request of GSD Investments, Inc. owner, for site plan approval for construction of a 2,780 sq. ft. addition to the office building at 4675 Ravenswood Road. The site is located at the southwest corner of Ravenswood Road and SW 46 Court. The site is zoned B-2. The property is legally described as: Lots 7 and 8 Block 2, West Dania Heights, according to the plat thereof, as recorded in plat book 23 on page 49 of the public records for Broward County, Florida...... Leigh Kerr addressed the board describing the 2,780 sq. ft. addition to the existing facility at 4675 Ravenswood Rd. The items listed in the memo modifying the site plan have been addressed by the petitioner and the current site plan has been revised to meet the listed criteria. Mr. Kerr, finding that the plan meets all requirements of the code concluded, recommending approval of the site plan. A question by the Building 6 Planning and Minutes Zoning Board January 22, 1997 Official regarding the sidewalk was brought up and it was noted that it would be 9 9 9 addressed in the plan review process prior to permitting. The petitioner agreed that this will be addressed during plan review. Leigh Kerr confirmed that this change would not effect the open space calculation on the site plan. Greg DeJohn addressed the board and explained the reason for the change from his previously approved site plan, and the reason why the additional lot could not be obtained. Mark Budd addressed the board explaining the reason for the placement of the sidewalk and where it is located. Additional discussion was held regarding drainage and the placement of the drain field. It was noted that the GBD rating will be a lot less on this revised site plan. Motion made by Anthony Stevens, seconded by John Etling to approve site plan SP-01-97. Motion passed unanimously on the following roll call: John Etiling - yes Anthony Stevens - yes Victor Lohmann - yes Adjournment 7 Planning and Minutes Zoning Board January 22, 1997