Loading...
HomeMy WebLinkAbout1996-10-16 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 16, 1996 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. 1. ROLL CALL 2. APPROVAL OF MINUTES Motion was made by Victor Lohmann to approve the minutes of the September 1996 Regular Planning And Zoning Board meeting, seconded by June Silvernale. Motion passed unanimously. 3. LU-29-96 - The request of Mr. Christopher Cutro, on behalf of the owner, EQR - Paradise Point Vistas, Inc., to change the future land use designation for property located at the northwest corner of Sheridan Street and Watermark Boulevard. The request is to transmit a proposed amendment to the land use plan by designating 2.771 acres as Residential Medium 16 DU/AC which is presently designated as Commercial. The property is legally described as follows: A PORTION OF PARCEL "C" OF "US LEND LEASE PLAT NO. ONE", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 111, AT PAGE 44 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA..... Will Allen, Growth Management Director introduced the City's Land Use Consultant, Leigh Kerr, of Leigh Kerr and Associates, to the board to present this item. Mr. Kerr explained the proposed comprehensive plan change from Commercial to Medium 16 residential, to the board. Mr. Kerr referenced the graphic provided, entitled "Existing Land Use" which shows what is occurring in the area. Mr. Kerr showed the subject site and compared it to the other vacant parcels surrounding it. Mr. Kerr pointed out that along the Sheridan corridor there is already significant commercial use established, and that when staff begins its update of the Comprehensive Plan, the land use in this area 1 Planning and Agenda Zoning Board October 16, 1996 should be reviewed for possible change. Mr. Kerr explained the analysis process involved with a land use change request to the board, and summarized the impact on facilities and services (water & sewer, roads). Reduction in Traffic impacts, increases in other services but there is adequate services to serve that. Increase in school children. County is implementing a school concurrency and this property would have to get a plat note change and would be effected by school concurrency. Total number of students projected would be 16. Mr. Kerr concluded stating that this is a reasonable use for the property and that staff supports this amendment. At this time the board addressed Chris Cutro regarding water and sewed capacity available. Mr. Cutro confirmed that the capacity for water and sewer can easily be handled by the Dania and Hollywood plants for the future developments pr posed in this area. The board questioned Will Allen on whether this amendment for t e change of land use would have any bearing on the situation with F.P.L. Mr. Allen con rmed that it would not. Mr. Allen explained the process that would follow after transmi sion of a land use change, and that rezoning and site plan review would follow. A er further discussion by the board Chairperson Daise opened up this item to the public for comment. Hearing none and seeing none, the public hearing was closed. Motion made by John Etling to recommend approval of land use amendment LU-29-96, seconded by June Silvernale. Motion passed on the following roll call: Kim Daise - yes John Etling - yes Victor Lohmann - yes June Silvernale - yes Anthony Stevens - yes 4. RZ-30-96 - The request to rezone approximately 1.49 acres of property by Christopher Cutro on behalf of the owner, Salvatore Russo, from the M-1, Light Industrial District to the M-2, Medium Industrial District. The property is located on the north side of SW 31s' Street approximately 630 feet west of Ravenswood Road. This property is legally described as: The North 339.95 feet of lot 7 and the East 40.00 feet of lot 6, in block 1, TROPIC FARMS, according to the plat thereof, recorded in plat book 24, page 30, of the public records of Broward County Florida, less the following described property: A portion of Lot 6, Block 1, TROPIC FARMS per plat recorded in Plat Book 24, Page 30, of the public Records of Broward County, Florida, being described as follows: Commence at the Northeast corner of the Southeast one-quarter (SE %) of Section 20, Township 50 South, Range 42 East; thence South 89007'55" West, 1476.22 feet along the North Line of said Southeast one-quarter (SE%) to the Northeast corner of said Lot 6; thence along the East line of said Lot 6, South 01 043'21" East, 399.80 feet to the Point Of Beginning; thence continue along said East line South 01043'21" East, 30.35 feet to the Southeast corner of said Lot 6; thence along the South line of said Lot, North 62017'11" West, 45.93 feet; thence North 01043'21" West, 2 Planning and Agenda Zoning Board October 16, 1996 8.32 feet; thence North 89003'14" East, 40.00 feet to the Point Of Beginning; AND LESS That portion of Lot 6, Block 1, TROPIC FARMS, per plat recorded In Plat Book 24, Page 30, of the Public Records of Broward County, Florida; being described as follows: Commence at the Northeast corner of the Southeast one-quarter (SE '/) of Section 20, Township 50 south, Range 42 East, thence South 89007'55" West, 1476.22 feet along the North line of said southeast one-quarter (SE %) to the Northeast corner of said Lot 6; thence along the east line of said Lot 6, South 01043'21" East, 339.79 feet to the POINT of BEGINNING; thence continue along said East line South 01043'21" East, 60.01 feet; thence South 89003'14" East, 40.00 feet to the POINT SOF BEGINNING. Growth Management Director Will Allen addressed the board and described the property as 1.49 acres located North of 1-595 just to the west of Ravenswood Rd. with SR 84 to the North. He described the land use of the property as industrial and the request is to rezone the property from M-1 to M-2. Mr. Allen advised the board that there is no specific request for the proposed use of the property. At this time Will turned the floor over to the petitioner. Attorney Ed Stacker addressed the board on behalf of Salvatore Russo the property owner. Mr. Stacker introduced Chris Cutro, Planner as a land expert, to address the board concerning the rezoning request. Mr. Cutro stated his review relative to parcel and compatibility to the surrounding areas. He stated that the request for M-2 is compatible with the comprehensive plan. Mr. Cutro went on to explain that the M-1 district is intended for an area where you want less intensive uses, he felt that this area is highly isolated and highly suited for M-2 which would allow more heavier industrial uses. He explained the parcels on the east side of Ravenswood as being M-2 as well as one parcel that comes across Ravenswood to the west. It was Mr. Cutro's opinion that this rezoning change would not be detrimental to surrounding property owners, and is compatible with surrounding uses. Attorney Stacker then addressed the board and submitted an aerial map and various photographs describing the subject property, surrounding properties and surrounding uses. Feels that this district, due to the surrounding changes with the roadways, etc., is now more suitable for the M-2 zoning district. Discussion by the board and petitioner entailed citing reasons for rezoning the property, specifically the intended use for this property. It was determined there is not a specific purpose for the rezoning of the property, but the reason for the request is that the owner feels that the property is incorrectly zoned at this time given the current changes and surrounding uses. Further discussion was made between the board and petitioner with the boards feelings that the current zoning seems satisfactory with the surrounding parcels proven by the recent development of commercial and light industrial uses in the area. 3 Planning and Agenda Zoning Board October 16, 1996 0 0 • At this time Mr. Allen address the board with his review of the proposed request. He questioned whether Mr. Russo owns any other property in the area, and it was confirmed that he owns two other parcels, one on the east side of Ravenswood and one on the west side. Mr. Allen stated that Mr. Russo does in fact own a parcel on the east side of Ravenswood and that in the past it has been used as an open storage yard. Mr. Allen confirmed that the petitioner was correct in stating the criteria for rezoning as being consistent with the comprehensive plan and that the property's zoned land use is industrial and the M-1 and M-2 are consistent with that. ;Mr. Allen further explained the specific statement purposes of each district and their baring on the proposed site and surrounding uses. After an investigation of the surrounding area, it was Mr. Allen's feeling that there are code violations in this entire area which must be addressed and dealt with. Mr. Allen then described the recent developments;that have taken place since this area was annexed in 1991. Mr. Allen then went on to describe the M-2 properties in the surrounding area. Mr. Allen advised the board to consider that once a property is rezoned, any use in that zoning district is permitted and that the board cannot place use restrictions on the district. Mr. Allen described some of the potential uses for the M-2 zoning district as "storage yards, manufacturing uses, and correctional or penal institutions." After further discussion by the board members, Attroney Stacker and Mr. Allen, Chairperson Daise opened the item for public comment. Hearing none and seeing none, the public hearing was closed. The board made final comments regarding this property abutting hotel uses to the North, the fact that the petitioner does not have a proposed use for the site and that they could not find fact that the M-1 district was an inappropriate zoning for this area. Motion was then made by Victor Lohmann to deny the rezoning request RZ-30-96. Seconded by Kim Daise. Motion passed on the following roll call: Kim Daise - yes John Etling - yes Victor Lohmann - yes June Silvernale - yes Anthony Stevens - yes 5. SP-31-96 - The request of Mr. Christopher Paoli for site plan approval for a two family residence for property at SW 49" Court. The property is located on the south side of SW 491h Terrace approximately 240 feet west of SW 26th Avenue. The property is zoned R-2U; (Two-Family Dwelling.) The legal description of the property is: The south 120 feet of the north 888 feet; less the east 395 feet and less the west 145 feet thereof tracts 9 and 10, block 1, section 32, township 50 south, range 42 east, as shown by plat as recorded in plat book 2, page 32, public records of Dade County, Florida. The west 25 feet and the north 25 feet of the above described parcel are reserved for road purposes. The south 5 feet of the 4 Planning and Agenda Zoning Board October 16, 1996 above described parcel is reserved for installation of public utilities. Said land situate, lying and being in Broward County, Florida. Will Allen addressed the board to describe the requested site plan for a 1 story duplex located south of Griffin Rd. on SW 49'h Ct. & 261h Terrace. Mr. Allen described the zoning as R2-U (Two-family) and confirmed that the building meets all the requirements for setbacks and lot coverage. Mr. Allen recommend that a portion of the road easement be vacated before the City Commission. Mr. Allen concluded stating that staff recommends approval of the site plan. No one from the public comment'gd on this petition. Motion made by Anthony Stevens to approve the site plan requestP-31-96, seconded by June Silvernale. Motion passed on the following roll call: Kim Daise - yes John Etling - yes Victor Lohmann - yes June Silvernale - yes Anthony Stevens - yes 6. Review of an ordinance relating to land development regulation establishing a 90 calendar day moratorium on the placement, installation, construction and modification of all telecommunication equipment as described in the following proposed ordinance: AN ORDINANCE OF THE COMMISSION OF THE CITY OF DANIA, FLORIDA, TO DECLARE A 90 DAY MORATORIUM UPON ALL LANDS WITHIN THE CITY, INCLUDING BUT NOT LIMITED TO ANY AND ALL RIGHTS-OF WAY AND EASEMENTS, AS WELL AS ANY RIGHTS GRANTED ANY FRANCHISE, AS TO THE PLACEMENT AND THE INSTALLATION OF ALL LINES, CABLES, FIBERS AND OPEN VIDEO SYSTEMS OF ANY NATURE OTHER THAN STANDARD FLORIDA POWER AND LIGHT ELECTRIC LINES, SOUTHERN BELL TELEPHONES LINES AND JONES INTER-CABLE, INC., CABLE TELEVISION LINES, INCLUDING THE ISSUANCE OF PERMITS FOR THE PLACEMENT, INSTALLATION, CONSTRUCTION AND MODIFICATION THEREOF; TO ENABLE THE CITY TO FURTHER STUDY AND GATHER INFORMATION RELATED TO THE REQUIREMENTS OF THE TELECOMMUNICATION ACT OF 1996; TO ENABLE THE CITY TO REVIEW PERTINENT INFORMATION AND ADOPT MINIMUM STANDARDS FOR THE LOCATION AND APPROVAL OF LINES, CABLE, FIBERS AND OPEN VIDEO SYSTEMS OTHER THAN THOSE SPECIFIED ABOVE; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH BE OF NO FORCE AND EFFECT DURING THE TIME PERIOD OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE Mr. Allen briefly described the intent of the proposed ordinance. Mr. Allen explained that the proposed ordinance reflects a consortium with other municipalities who are all reviewing the Telecommunications Act and the ramifications of it. The 90 day moratorium allows the City to establish ordinances and rules to deal with it such as 5 Planning and Agenda Zoning Board October 16, 1996 • 0 • location of towers, franchise fees, etc. Motion made by June Silvernale to recommend approval of the 90 day ordinance, seconded by Anthony Stevens. Motion passed on the following roll call: Kim Daise - yes John Etling - yes Victor Lohmann - yes June Silvernale - yes Anthony Stevens - yes 7. Adjourn 6 Planning and Agenda Zoning Board October 16, 1996