HomeMy WebLinkAbout1996-09-25 Planning and Zoning Board Minutes • 0
MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
REGULAR MEETING
SEPTEMBER 25,1996
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 Staff
Kim Daise, Chairperson Will Allen, Growth Management Director
John Etling Frank Adler, City Attorney
June Silvernale Lou Ann Cunningham, Clerk
Anthony Stevens
Excused
Victor Lohmann
APPROVAL OF MINUTES:
Motion made by June Silvernale, seconded by Anthony Stevens, to approve the
minutes of the August 28, 1996 Planning and Zoning Board Meeting.
A. ZT-28-96 - A request by the City of Dania Growth Management Department for a text
change to the zoning regulations by amending ordinance no. 33-91 which adopted by
reference the Broward County Zoning Code, as amended through Supplement no. 63.
The title of the proposed ordinance amendment is:
AN ORDINANCE OF THE CITY OF DANIA , FLORIDA, RELATING TO
ZONING REGULATIONS; AMENDING SECTION 1 OF ORDINANCE NO.
33-91, ET. SEQ., OF THE BROWARD COUNTY ZONING CODE, AS
AMENDED THROUGH SUPPLEMENT NO. 63, WHICH SHALL APPLY
TO THE RAVENSWOOD - GRIFFIN ROAD ANNEXED AREAS;
PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND AN EFFECTIVE DATE.
1
Planning and Agenda
Zoning Board September 25, 1996
• • •
Growth Management Director, Will Allen addressed the board explaining the ordinance.
Mr. Allen explained this item as a housekeeping ordinance relating to the adoption of
the Broward County Zoning Code back in 1991. It was further explained that the
adoption of the Broward County Zoning Code, by ordinance number 33-91, was to
allow the newly annexed residential area to maintain all of their same rights in terms of
zoning and permitted uses. This ordinance would continue the status of those lawfully
existing uses of lands and structures at the time of annexation, and would declare that
Section 39-167 entitled County uses, would not apply. Certain other sections of the
code were also removed because of their redundancy with City of Dania Ordinances.
Chairperson Daise opened this item for public comment. Hearing none and seeing
none, Chairperson Daise closed the public hearing. Motion made by June Silvernale to
recommend approval of the proposed zoning text change, ZT-28-96, 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
B. PL-20-96 - A request for preliminary plat approval for 0.747 acres of property located at
the northwest corner of Federal Highway and SW 10 Street. This plat requested by the
Taco Bell Corporation would be titled "TACO BELL AT DANIA".
The property is legally described as: A PORTION OF THE SOUTHWEST ONE-QUARTER
(SW%) OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BEING MORE FULLY DESCRIBED
AS FOLLOWS: THE EAST 203.00 FEET OF THE SOUTH 2O0.00 FEET, OF THE NORTHEAST ONE-
QUARTER (NE % ), OF THE NE %, OF THE SOUTHWEST ONE-QUARTER SW 91/4), OF SAID
SECTION 3, LESS THE EAST 40.00 FEET THEREOF, AND LESS THAT PART OF THE AFORE-
MENTIONED PARCEL OF LAND WHICH IS INCLUDED IN THE EXTERNAL AREA FORMED BY A 15
FOOT RADIUS ARC WHICH IS TANGENT TO THE SOUTH LINE OF THE SOUTH 200 FEET OF THE
NE % OF THE NE % OF THE SW % OF SECTION 3 WHICH LINE IS ALSO THE NORTH RIGHT OF
WAY LINE OF SW 10T" STREET AND TANGENT TO A LINE WHICH IS 40 FEET WEST OF AND
PARALLEL TO THE EAST LINE OF THE NE % OF THE NE % OF THE SW % OF SAID SECTION 3.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF DANIA, BROWARD COUNTY, FLORIDA.
CONTAINING 32,553± SQUARE FEET, (0.747)ACRES MORE OR LESS.
Will Allen, Growth Management Director, addressed the board to explain the proposed
plat. Mr. Allen described the property as being zoned C-3 located at the NW corner of
Federal Hwy. and SW 1011 Street. The property is currently vacant and has a land use
designation of Commercial. It is the intent of the petitioner to continue through the site
plan stage in the future with a Taco Bell restaurant. Proposed lot would be just over
28,000 sq. feet and meets all requirements of the C-3 district. The plat indicates a
dedication for an additional 25' of right of way for SW 10'' St. Section 5.14 indicates
that the right of way for SW 1011 Street be 50' from Federal Hwy. to SW 2"d Avenue.
The surrounding uses include Adirondak trailer park to the west, a shopping center to
2
Planning and Agenda
Zoning Board September 25, 1996
• • •
the north which includes a video store, Antonio's restaurant, etc., Federal Hwy. would
be to the east with Commercial uses on the east side. Staff recommends approval of
the plat as it conforms to all city codes and is consistent with the comprehensive plan
and zoning codes. Mr. Allen indicated that the right of way for Federal Hwy. be 80' but
on the Trafficways plan this road needs to have 106' of right of way. Mr. Allen indicated
that they would have to ask for a variance at the county level to address this. Charlie
Jones, Fortin, Levy and Skyles was introduced to the board to answer any questions
pertaining to the proposed plat. Mr. Jones indicated that the issue of the 106' right of
way has been addressed with the Broward County Planning Council. Chairperson
Daise opened this item for public comment. Hearing none and seeing none,, the public
hearing was closed. After further discussion by the board regarding right of way and
vehicle access, a motion was made by June Silvernale to recommend approval of PL-
20-96, 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
C. VA-27-96 - The request of Regal Homes, Inc., as owner, for a variance from the
perimeter setback or rear yard setback requirements for 701, 705, 709, 713 and 717
Nature Cove Road. The request is for an 18 feet setback from the north perimeter of
the development known as the Residences of Natur
es Cove on the east side of SE 5
Avenue between SE 7 Street and SE 10 Terrace. This development has been
approved as a cluster single family home development per Section 6.5 of the Dania
Zoning Code. A perimeter setback of not less than 50 feet is required by Section 6.52
(a) (5) of the Dania Zoning Code. A variance was previously granted to allow a setback
of 20 feet on the north perimeter of the Residences of Natures Cove.
The properties are described as:
1) 701 Nature Cove Road - Lot 21. That part of the plat of Hollywood Beach Park
No. 2 "amended", as recorded in Plat Book 14, Page 51, of the public records of
Broward County, Florida, said plat also being described as the West one-half
(W'/z) of the Northwest one-quarter (NW'/4) of the Northwest one-quarter (NW'/4) of
the Southwest one-quarter (SW%) of Section 2, Township 51 South, Range 42
East, Broward County, Florida, described as follows: Commencing at the
Northwest corner of said plat (also being the Northwest corner of said West one-
half), thence South 01°36'25" East on an assumed bearing along the West line of
said plat 98.75 feet; thence North 87035'33" East 55.00 feet to the Point of
Beginning; thence continue North 8703533" East 42.00 feet; thence North
01°36'25" West 98.75 feet to the North line of said plat; thence South 87035'33"
West along said North line 42.00 feet; thence South 01°36'25" East 98.75 feet to
the point of beginning.
3
Planning and Agenda
Zoning Board September 25, 1996
2) 705 Nature Cove Road - Lot 20. That part of the plat of Hollywood Beach Park
No. 2 "amended", as recorded in Plat Book 14, Page 51, of the public records of
Broward County, Florida, said plat also being described as the West one-half
(W'/) of the Northwest one-quarter (NW'/4) of the Northwest one-quarter (NW'/4) of
the Southwest one-quarter (SW%) of Section 2, Township 51 South, Range 42
East, Broward County, Florida, described as follows: Commencing at the
Northwest corner of said plat (also being the Northwest corner of said West one-
half), thence South 01 036'25" East on an assumed bearing along the West line of
said plat 98.75 feet; thence North 87035'33" East 97.01 feet to the Point of
Beginning; thence continue North 87035'33" East 40.00 feet; the fice North
01°36'25" West 98.75 feet to the North line of said plat; thence South 87035'33"
West along said North line 40.00 feet; thence South 01°36'25" East 98.75 feet to
the point of beginning.
3) 709 Nature Cove Road - Lot 19. That part of the plat of Hollywood Beach Park
No. 2 "amended", as recorded in Plat Book 14, Page 51, of the public records of
Broward County, Florida, said plat also being described as the West one-half
(WY2) of the Northwest one-quarter (NW%) of the Northwest one-quarter (NW'/4) of
the Southwest one-quarter (SW%) of Section 2, Township 51 South, Range 42
East, Broward County, Florida, described as follows: Commencing at the
Northwest corner of said plat (also being the Northwest corner of said West one-
half), thence South 01°36'25" East on an assumed bearing along the West line of
said plat 98.75 feet; thence North 87035'33" East 137.01 feet to the Point of
Beginning; thence continue North 8703533" East 40.00 feet; thence North
01°36'25" West 98.75 feet to the North line of said plat; thence South 87035'33"
West along said North line 40.00 feet; thence South 01°36'25" East 98.75 feet to
the point of beginning.
4) 713 Nature Cove Road - Lot 18. That part of the plat of Hollywood Beach Park
No. 2 "amended", as recorded in Plat Book 14, Page 51, of the public records of
Broward County, Florida, said plat also being described as the West one-half
(WI/2) of the Northwest one-quarter (NW%) of the Northwest one-quarter (NW'/4) of
the Southwest one-quarter (SW'/4) of Section 2, Township 51 South, Range 42
East, Broward County, Florida, described as follows: Commencing at the
Northwest corner of said plat (also being the Northwest corner of said West one-
half), thence South 01°36'25" East on an assumed bearing along the West line of
said plat 98.75 feet; thence North 87035'33" East 177.02 feet to the Point of
Beginning; thence continue North 87035'33" East 40.00 feet; thence North
01°36'25" West 98.75 feet to the North line of said plat; thence South 87035'33"
West along said North line 40.00 feet; thence South 01°36'25" East 98.75 feet to
the point of beginning.
4
Planning and Agenda
Zoning Board September 25, 1996
• • s
5) 717 Nature Cove Road - Lot 17. That part of the plat of Hollywood Beach Park
No. 2 "amended", as recorded in Plat Book 14, Page 51, of the public records of
Broward County, Florida, said plat also being described as the West one-half
(WI/2) of the Northwest one-quarter (NW%) of the Northwest one-quarter (NW%) of
the Southwest one-quarter (SW%) of Section 2, Township 51 South, Range 42
East, Broward County, Florida, described as follows: Commencing at the
Northwest corner of said plat (also being the Northwest comer of said West one-
halt), thence South 01°36'25" East on an assumed bearing along the West line of
said plat 98.75 feet; thence North 87035'33" East 217.02 feet to th� Point of
Beginning; thence continue North 87035'33" East 40.00 feet; thence North
01°36'25" West 98.75 feet to the North line of said plat; thence South 87035'33"
West along said North line 40.00 feet; thence South 01°36'25" East 98.75 feet to
the point of beginning.
Will Allen addressed the board to explain the proposed variance requests by Nature's
Cove. Mr. Allen described the layout of Nature's Cove which is the northernmost
development along the east side of SE 5 Avenue. Mr. Allen described the surrounding
properties in the area to the board explaining that everything to the east and around the
north of the development is open space and publicly owned land. Mr. Allen briefly
described the approved petitions from 1993. He explained that the property was
rezoned to allow cluster single family homes, streets were vacated and along with the
site plan, variances were approved for a 20' setback from the 50' setback required by
code. He further explained that the variances were granted due to the fact that the
surrounding wetland area encroached on the site and that because of West Lake Park
to the east and the lands being publicly owned, it was unlikely any development would
abut this property. Mr. Allen described the current request involving lots 17, 13, 9, 5,
and 1 along the south side of the development, as being for an 18' setback rather that
the previously approved 20' setback. At this time Mr. Allen introduced John Ligotti, of
Regal Homes, Inc.
John Ligotti, of Regal Homes, Inc., addressed the board to address the criteria for
allowing the approval of the proposed variances. Mr. Ligotti gave a brief history of what
had transpired with approvals for his development. And the hardship of the
encroachment of the wetlands being the need for the additional 2' variances. Mr. Ligotti
also stated that the footprint of the building would not work as he thought it would, with
the 20' set back and that because of the floor plans of his homes, the extra 2 feet would
be necessary to make his structures consistent. After further questions by the board,
Chairperson Daise brought this item back to the board for discussion. The board
discussed whether the hardship for the additional 2 feet had met the criteria, and
confirmation that there were no homes on the other side of the development due to it
being preserved as public ownership. Motion made by Anthony Stevens, to
5
Planning and Agenda
Zoning Board September 25, 1996
recommend approval of the variance request, 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
D. RZ-29-96 - 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 �f SW 31st
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 01043'21"
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,
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 0104321"
East, 60.01 feet; thence South 89003'14" East, 40.00 feet to the POINT OF
BEGINNING.
Motion made by June Silvernale to continue this item until the next regular Planning
and Zoning Board meeting, seconded by Anthony Stevens. Motion passed
unanimously.
Adjourn
6
Planning and Agenda
Zoning Board September 25, 1996