HomeMy WebLinkAbout1995-11-15 Planning and Zoning Board Minutes 0
MINUTES
CITY OF DANIA
PLANNING AND ZONING BOARD
REGULAR MEETING
NOVEMBER 15, 1995
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
Board Members:
KIM DAISE, Chairperson
ROBERT HARRIS
JOHN CHAMBERLAIN
VICTOR LOHMANN
Staff:
Will Allen, Growth Management Director
Frank Adler, City Attorney
Lou Ann Cunningham, Board Clerk
APPROVAL OF MINUTES
Motion made by Victor Lohmann, to approve the minutes of the September 13, 1995, correcting the
date of the minutes from August 13, 1995 to September 13, 1995, and correction of the date of the
prior meetings minutes from July 12, 1995 to August 13, 1995, seconded by John Chamberlain.
Motion passed unanimously.
1. SE-14-95 -The request of the Florida Power and Light Company for a special exception use in
the C-2 zoning district. The request is for an essential service, the construction of an electrical
substation, at a site on the north side of Sheridan Street approximately 333.90' east of the
centerline of SE 5 Avenue. The definition of essential services is "Public utility facilities related
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
to the water, sanitary sewer, storm drainage, solid waste, telephone, cable television, gas and
electrical collection or distribution systems serving the city but not including buildings housing
employees; or public safety facilities such as fire and /or police stations."
This property is legally described as: THE EAST 1/2 OF THE SW 1/4, OF THE SW 1/4,
OF THE SW 1/4, OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST OF BROWARD
COUNTY, FLORIDA; LESS THE SOUTH 50 FEET THEREOF PREVIOUSLY DEDICATED
FOR ROAD RIGHT-OF-WAY; BEING SITUATED IN THE CITY OF DANIA, FLORIDA.
CONTAINING 4.446 ACRES OF LAND, MORE OR LESS.
Will Allen, Growth Management Director, addressed the board and was sworn in by the clerk. Mr.
Allen explained that this request was one of a series of requests concerning 4.446 acres located on
the north side of Sheridan Street 333 feet east of the centerline of SE 5th Avenue. The request is
to place an electrical substation on the site which has 333.86 feet of frontage on the north side of
Sheridan street. The site is currently owned by D.O.M., Inc. with a letter on file from authorizing
F.P.L. to make the following application requests. The zoning of the property is C-2, with a land
use designation of commercial. Property to the north is Sheridan Ocean Club, a residential site
consisting of apartments, condominiums and cluster single family units. The properties to the east
are vacant, with the exception of a office building, zoned C-2. On the west is a vacant site zoned
C-2 and on the south are the limits of the City of Hollywood. Mr. Allen described the criteria as
stated in the zoning code to review a special exception request to the board. Mr. Allen then turned
the presentation over to representatives of F.P.L.
Mr. Greg Hall stepped forward to address the board and was sworn in by the clerk. Mr. Hall
explained to the board that his department is responsible for siting and permitting transmission lines
and sub-stations. Mr. Hall then introduced Mr. Mel Klein to the board. Mr. Klein, External Affairs
Manager for FPL was sworn in at this time. He explained the communication process that was held
with the citizens of Dania and thanked staff for their assistance. He gave a brief overview of his
understanding of the Quasi Judicial process. Mr. Klein concluded by giving a brief history of how
the petition has transpired since spring of 1995.
Mr. Greg Hall then introduced Mr. Ralph Edmondson, Supervisor of the transmission line and
substation siting and delivery group. Mr. Edmondson, a State of Florida Registered Electrical
Engineer, addressed the board to discuss siting, engineering and construction and operation of
substations and transmission lines. Mr. Edmondson, with the help of overhead displays,
conducted a presentation explaining the customer demand and mechanics of the electrical facilities
(substations and transmission lines.) Mr. Edmondson explained the demand by doing a
comparison of the electrical service demand with the distribution of water through a sprinkler
system.
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
Greg Hall briefly described the requested petitions. Mr. Hall described the vegetation located on
the site and acknowledged the zoning classification as C-2 and a need for a special exception to be
granted to use the site as an "essential service". Mr. Hall described the electrical equipment using
elevation drawings of the site. The top of the transformer will reach 28' in height and the
transmission pole bringing the electrical service in will be approximately 40' high. Mr. Hall
explained that there will be no employees at this site, with the exception of 2 man crews visiting
once or twice a week to do general maintenance, landscape maintenance and monitoring of the
equipment located there.
At this time, Mr. Hall addressed the criteria on which the special exception is based. Mr. Michael
Hernandez was sworn in and addressed the board, describing the service area in Dania for this
substation. Mr. Hernandez went on to explain the different substations located in Dania and their
service areas, as well as areas in Dania served by substations located in other cities. He went on
to explain that substations are not located based on city boundaries but are located on the best
electrical method of serving the load and providing the most reliable service. Mr. Hernandez
stated that according to the Broward County Comprehensive plan, Dania has an anticipated growth
percentage of 23% from 1995 to the year 2010.
The next item addressed the designated use in that the public health, safety and welfare of the
citizens will be protected. Mr. Hall stated that this electrical service is promoting better conditions
for the citizens.
The next item addressed property values. Mr. Dwayne Bateman was sworn in to address the
board concerning criteria for item 3. Mr. Bateman stated he is the real estate manager for the
south area for FPL. Mr. Bateman gave an overview of the 3 substations in Broward County that
were selected for the presentation on property values: "The Springtree Substation" located on NW
44 Street and Pine Island Rd., Lauderhill; "The Sample Substation" located on Sample Rd. and NE
15 Ave., Pompano; and "The Dania Substation" on SE 5 Ave. and SE 3 St. and described how the
information for this data was gathered. Mr. Meyer Wise, FPL Real Estate Office, was sworn in and
addressed the board at this time. Mr. Wise reported on the average property values for the
surrounding properties within 300' of these substations.
Mr. Hall, in concluding, stated that the items concerning compatibility and landscaping and
screening have been addressed stating that adequate screening of the site has been taken into
consideration, he believes that the use is compatible and that landscaping is above the code
requirements. Mr. Hall also stated that off street parking is not applicable because there will be no
employees at the site on a regular basis. Mr. Hall did state that the driveway was designed so that
the site would be screened from Sheridan St.
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
Mr. Will Allen, Growth Management Director, questioned the criteria presented by FPL for the. Mr.
Allen confirmed the zoning as C-2 and went over the allowed uses and special exception uses in
this area. The definition of an essential services as "Public utility facilities related to the water,
sanitary sewer, storm drainage, solid waste telephone, cable television gas and electrical
collection or distribution systems serving the city but not including buildings housing employees; or
public safety facilities such as fire and / or police stations." Will requested an explanation of what
percentage of the area being served by the substation is in Dania, what percentage of growth is
expected in Dania as opposed to Hollywood, and if there are any options for locating the substation
elsewhere. Also, if the substation is serving Hollywood, is there anywhere in Hollywood that it could
go, and is there an option to expand the outdated SE 5 Ave. station.
Mr. Michael Hernandez addressed the board in response to Mr. Allen's concerns. The existing
Dania substation serves the eastern half of the City of Dania, and is becoming overloaded. The
City of Dania is projected to grow cumulatively in population by 23%. (Growth information on the
Forecast of Population starting with the 1990 census showing the forecast for 1995 and through the
year 2010, obtained from Albert Pacer, Broward County Comprehensive and Neighborhood
Planning Division.) One alternative is an expansion at Dania, and the other requires construction of
another substation at a site currently owned just North of Sheridan Street just west of FEC RR
tracks. Meyer Wise addressed the concern of other sites in the area explaining the sites that were
evaluated to meet the criteria for a substation.
Mr. Allen restated his question regarding the percentage of growth in Dania versus Hollywood. Mr.
Hernandez explained that the growth was not in just the service area but was in fact the growth
throughout the eastern half of Dania. Further questions entailed regarding the service area of the
substation. Mr. Allen questioned how much of the boundaries indicated would service Dania and
Mr. Hernandez answered approximately 30%. Mr. Ralph Edmondson addressed the board and
requested the Chair to control the publics' outbursts.
At this time Chairperson Daise asked for any further questions from the petitioners or staff, hearing
none and seeing none she opened this petition for public comment. Chairperson Daise explained
that each person wishing to speak must first state their name and address and be sworn in, and
then state the name of the person to whom their question is to be directed in an orderly manner.
John Etling, home owner in Sheridan Ocean Club, was sworn in before the board. Mr. Etling stated
that his home, as well as others, abuts the proposed site. Mr. Etling spoke in opposition of the
petition stating reasons of jeopardizing property values, and felt the need for additional electric
power in SE Dania has not been proven and believes that this demand is coming from massive
development in the Hollywood area. Mr. Etling asked if the closing of the old Olsen Middle School
will decrease the need. He also felt the substation will cause substandard uses in the Commercial
area along Sheridan St. and feels protected mangroves in area are at risk.
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Zoning Board NOVEMBER 15, 1995
Mr. Anthony Perrotti, a home owner at the Sheridan Ocean Club, was sworn in before the board.
Stated opposition to the petition because of safety reasons during a hurricane, and depreciation of
homes.
Chairperson Daise and City Attorney Adler reminded the public that this forum is for questions to
the petitioner.
Mr. Ronald Bilkis was sworn in for the board. Spoke in opposition and questioned FPL about the
poor maintenance of landscaping at the present substation on 5th Ave., and property values. Mr.
Meyer Wise addressed the questions relating to the property value demonstration.
Mr. John Miller, resident of the Sheridan Ocean Club, was sworn in. Mr. Miller spoke in opposition
questioning again the landscaping problem at the present 5th Avenue substation, and the number
of substations located in Dania as a percentage of population and how it relates to Hollywood and
Ft. Lauderdale and the substations in those communities. Mr. Greg Hall responded to the
landscape issue, assuring the board that the proposed landscaping exceeds the code. Mr. Michael
Hernandez addressed the question regarding the comparison of substations in surrounding
municipalities.
Mr. Ron Rowars was sworn in and addressed the board with questions relating to property values,
the sites evaluated and criteria for choosing electrical substations. Mr. Meyer Wise responded to
questions relating to property values and sites and Mr. Ralph Edmonson responded to the question
of criteria for locating an electrical substation.
Mr. Alan Stolman, President of the Villas at Sheridan Ocean Club was sworn in and spoke in
opposition of the petition with feelings that property values will be negatively affected and health
concerns of the citizens in the area.
Mr. Bob Spinney was sworn in and addressed the board commenting in opposition of the
substation, and asked about the noise that would be generated from the substation. Mr. Ralph
Edmonson responded stating that under normal operations, noise would not be heard outside the
property lines except for a slight bang during a storm when one of the protective devices is opening
or closing.
Mr. Dean Menendez, a real estate appraiser, was sworn and addressed the board and disagreed
with the anticipated growth for Dania reported by FPL and with the reported property values for the
sampled properties. Mr. Meyer Wise and Michael Hernandez of FPL reported on the lack of sites
for this area.
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
Ms. Cheryl Rowars, resident of the Sheridan Ocean Club, was sworn in to address the board in
opposition of the petition. Ms. Rowars questioned the possibility of expanding the current
substation or locating it at the Hollywood Water Treatment Plant. Michael Hernandez and Ralph
Edmonson from FPL responded to Ms. Rowars alternative suggestions. Ms. Rowars also
questioned the path of the distribution lines in Dania.
Ms. Ellen Etling, resident of the Sheridan Ocean Club, was sworn in to address the board with
questions addressed to Greg Hall and Michael Hernandez regarding the boundaries of the
electrical service, and existing property in Hollywood.
Ms. Carol White, resident of Sheridan Ocean Club, was sworn in to address the board with
questions relating to the electromagnetic field concerns and the effects it might have to the children
in the area. Mr. Ralph Edmonson answered her concerns regarding rules and regulations of
electromagnetic fields.
Ms. Barbaree King was sworn in to address the board with concerns regarding development in
Dania.
Ms Charlotte Newbury was sworn in to address the board with concerns regarding the
electromagnetic field.
Ms. Paula Winters, of Watermark, was sworn in to address the board with concerns and questions
regarding the 6 foot berms and landscaping with the drainage protection. Mr. Hall assured that
there are no hazardous chemicals that could escape the site and that FPL has an emergency plan
for handling accidents.
Dr. Uecker was sworn in to address the board with comments in opposition to the petition.
Mr. Joe Smith resident of Sheridan Ocean Club was sworn in at this time and distributed a picture
of the existing FPL substation.
Mr. Timothy Sweeney of Watermark, was sworn in and addressed the board with comments
regarding the criteria in choosing the proposed site.
Dr. Uecker asked if FPL would be paying taxes, as if they were a C-2 zone, on this site. Mel Klien
of FPL, stated that FPL would have to pay taxes on the value of the property just like anyone else.
Chairperson Daise asked for any other comment from the public. Hearing no one and seeing no
one, Chairperson Daise closed the public hearing. The item was then brought back to the board for
comment.
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
Questions by the board regarding the technical reasons for being unable to put the substation on
the south side of Sheridan and the areas of service in Dania. Hearing no further questions from the
board, Chairperson Daise allowed the petitioner, FPL, to make closing comments at this time. Mel
Klien gave closing statements and offered open discussions with anyone from the community who
would like to become more knowledgeable about the proposed petition.
Motion made by John Chamberlain to recommend denial of SE-14-95, seconded by Robert Harris.
Motion passed on the following roll call:
John Chamberlain - yes Kim Daise - yes
Robert Harris - yes Victor Lohmann - abstain
2. VA-15-95 - The request of the Florida Power and Light Company for variances from the height
requirement for fences as listed in Section 5.36 of the zoning code. The request is to
construct an 8' tall fence around the proposed electrical substation on the site location on the
north side of Sheridan Street approximately 333.90' east of the centerline of SE 5 Avenue:
The variances requested are:
a) To construct an 8' tall fence in the front yard. Section 5.36(a) of the zoning
code allows a fence height of 4'.
b) To construct an 8' tall fence in the side and rear yards. Section 5.36(b) of the zoning
code allows a fence height not exceeding 6'.
This property is legally described as: THE EAST 1/2 OF THE SW 1/4, OF THE SW 1/4,
OF THE SW 1/4, OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST OF BROWARD
COUNTY, FLORIDA; LESS THE SOUTH 50 FEET THEREOF PREVIOUSLY DEDICATED
FOR ROAD RIGHT-OF-WAY; BEING SITUATED IN THE CITY OF DANIA, FLORIDA.
CONTAINING 4.446 ACRES OF LAND, MORE OR LESS.
Mr. Ralph Edmonson stated that the request for this fence height are requirements of the
National Electric Safety Code for Electrical sub-stations. Chairperson Daise opened this
petition to the public for comment. Hearing no one and seeing no one, the item was closed to
the public. This item was brought back to the board for their comment. The board asked for a
description of the fence, and Mr. Ralph Edmonson answered that the fence is a 7' tall chain
link fence with a 1' tall "V" shaped barbed wire on top for a total of 8'. A motion was made by
John Chamberlain to recommend denial of VA-15-95, seconded by Robert Harris. Motion
passed on the following roll call:
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
John Chamberlain - yes Kim Daise - yes
Robert Harris - yes Victor Lohmann - abstain
3. SP-16-95 - The request of Florida Power and Light Company for site plan approval to
construct an electrical substation on the north side of Sheridan Street approximately 330.90
east of the centerline of Se 5 Avenue. The property is zoned C-2. The site is 4.446 acres in
size.
This property is legally described as: THE EAST 1/2 OF THE SW 1/4, OF THE SW 1/4, OF
THE SW 1/4, OF SECTION 2, TOWNSHIP 51 SOUTH, RANGE 42 EAST OF BROWARD
COUNTY, FLORIDA; LESS THE SOUTH 50 FEET THEREOF PREVIOUSLY DEDICATED
FOR ROAD RIGHT-OF-WAY; BEING SITUATED IN THE CITY OF DANIA, FLORIDA.
CONTAINING 4.446 ACRES OF LAND, MORE OR LESS.
Mr. Ralph Edmonson from FPL explained that all displays previously addressed are a part of
this request. Chairperson Daise asked for any questions or comments from the board. A
motion was made by John Chamberlain to recommend denial of SP-16-95, seconded by
Robert Harris. Motion passed on the following roll call:
John Chamberlain - yes Kim Daise - yes
Robert Harris - yes Victor Lohmann - abstain
At this time Chairperson Daise called for a 5 minute recess
4. RZ-18-95 - The request of the Pulte Home Corporation, as contract purchaser, to rezone
24.15 acres located west of SW 31 Avenue and south of Griffin Road from the B-3, General
Business zoning district to the RM-10, Residential Multiple-Family Dwelling zoning district.
This property is legally described as: THIS PROPERTY IS LEGALLY DESCRIBED AS:
ALL PARCEL A, "BANYAN OAKRIDGE COMMERCIAL PLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 157, PAGE 3 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA LESS THE FOLLOWING ; DESCRIBED LANDS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH,
RANGE 42 EAST; THENCE SOUTH 00018'53" WEST ALONG THE EAST LINE OF SAID
SECTION A DISTANCE OF 435.55 FEET; THENCE NORTH 87030'47" WEST A DISTANCE
OF 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87030'47"
WEST A DISTANCE OF 581.67 FEET; THENCE NORTH 00002'48" WEST ALONG A LINE
25.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF A 50.00 FOOT
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
ACCESS OPENING, AS SHOWN ON SAID BANYAN OAKRIDGE COMMERCIAL PLAT A
DISTANCE OF 358.10 FEET TO AN INTERSECTION WITH THE ARC OF A CURVE
CONCAVE TO THE SOUTH (SAID POINT BEARS SOUTH 00°09'27" EAST FROM THE
RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE EASTERLY ALONG SAID
CURVE HAVING A RADIUS OF 7055.00 FEET, A CENTRAL ANGEL OF 01°28'37", AND AN
ARC DISTANCE OF 181 FEET TO A POINT OF TANGENCY; THENCE NORTH 88021'56"
EAST A DISTANCE OF 191.40 FEET; THENCE SOUTH 87030'47" EAST A DISTANCE OF
186.50 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND SOUTHERLY
ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS
25.00 FEET. A CENTRAL ANGEL OF 87049'40", AND AN ARC DISTANCE OF 38.32 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 00018'53" WEST A DISTANCE OF 358.44
FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA.
Will Allen addressed the board concerning this petition. Mr. Allen explained the request to
change the zoning of the property from B3 - General Business to RM-10. The surrounding
properties were described as Key North to the south consisting of 16 units per acre with an R-
3 zoning; to the west and southeast are residential properties in Hollywood which have a lower
residential density (3 units to the acre); the 5 acres of property at the southwest corner of
Griffin and 31 st Ave. will remain commercial; across the street to the north of the site are
commercial and to the east is low medium density as well, the Thunderbird Mobile Home Park.
The proposed zoning is consistent with the proposed land use, the proposed land use
amendment is in the process of being changed back to residential. To date, the County
Commission voted to approve the land use amendment, the City Commission has approved
the transmission of this amendment and the adoption hearings will be before the City
Commission at their next two meetings. Recommendation of the rezoning petition, variance
request and site plan will follow after the approval of the land use adoption at the city
commission meeting. In summation, Mr. Allen concluded that this petition initiates the
development of 260 town homes on 26 gross acres of land, and that the rezoning request is
consistent with the proposed land use amendment, surrounding uses, zoning, existing uses
and the land use plan.
At this time the Susan Prillaman with Pulte Home Corporation addressed the board
concerning this petition. Ms. Prillaman gave a brief background on her corporation and similar
projects in the area, and encouraged questions from the board. Ed Stacker, attorney with
Ruden, McClusky, addressed the board giving a brief history of the proposed land use request
and what has transpired in the past eleven months. After further questions by the board, a
motion was made by Robert Harris to recommend approval of the rezoning request RZ-18-95,
seconded by Victor Lohmann. Motion passed on the following roll call:
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
John Chamberlain - yes Kim Daise - yes
Robert Harris - yes Victor Lohmann - yes
5. VA-19-95 - The request of the Pulte Home Corporation for variances from the minimum front
yard setback requirement of the RM-10, Residential Multiple-Family zoning district. Section
39-1180(7)(a) requires a front yard of not less than 25 feet in depth. The request is for a front
yard of 20.25 feet for proposed units 152-260.
This property is legally described as: THIS PROPERTY IS LEGALLY DESCRIBED AS:
ALL PARCEL A, "BANYAN OAKRIDGE COMMERCIAL PLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 157, PAGE 3 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA LESS THE FOLLOWING DESCRIBED LANDS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH,
RANGE 42 EAST; THENCE SOUTH 00018'53" WEST ALONG THE EAST LINE OF SAID
SECTION A DISTANCE OF 435.55 FEET; THENCE NORTH 87030'47" WEST A DISTANCE
OF 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 87030'47"
WEST A DISTANCE OF 581.67 FEET; THENCE NORTH 00002'48" WEST ALONG A LINE
25.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF A 50.00 FOOT
ACCESS OPENING, AS SHOWN ON SAID BANYAN OAKRIDGE COMMERCIAL PLAT A
DISTANCE OF 358.10 FEET TO AN INTERSECTION WITH THE ARC OF A CURVE
CONCAVE TO THE SOUTH (SAID POINT BEARS SOUTH 00°09'27" EAST FROM THE
DESCRIBED
RADIUS POINT OF THE NEXT ESCR CURVE); THENCE EASTERLY ALONG SAID
CURVE HAVING A RADIUS OF 7055.00 FEET, A CENTRAL ANGEL OF 01028'37", AND AN
ARC DISTANCE OF 181 FEET TO A POINT OF TANGENCY; THENCE NORTH 88021'56"
EAST A DISTANCE OF 191.40 FEET; THENCE SOUTH 87030'47" EAST A DISTANCE OF
186.50 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND SOUTHERLY
ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS
25.00 FEET. A CENTRAL ANGEL OF 87049'40", AND AN ARC DISTANCE OF 38.32 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 00018'53" WEST A DISTANCE OF 358.44
FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA.
Mr. Allen described the properties affected by the variance request to the board using a visual
aide. Will further explained that if the proposed zoning for RM-10 is approved, the proposed
site plan would meet all codes with the exception of the front yard set backs for units 152-160.
The request is for 20.25 feet of set back as opposed to 25 feet front yard. Mr. Allen stated that
if the variance is granted he has some suggested conditions to be placed along with the
variance. These being to comply with the South Florida Water Management District permit
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Zoning Board NOVEMBER 15, 1995
• •
dealing with the storm water system, that all required easements or conveyances submitted to
the City of Dania in a form approved by the City Attorney prior to the issuance of any building
permits (ingress/egress easements through the property...), that they have an executed
developers agreement between the land owner and Broward County concerning installation of
utilities prior to building permit, and that a note to the plat be amended by Broward County, to
permit the proposed residential density prior to the permit.
Susan Prillaman addressed the board concerning the variance request using the site plan
rendering as a visual aide. The hardship being that the property is irregularly shaped and
that the elevation is very low. Mr. Lohmann questioned as to why the lake could not be made
smaller to allow for the compliance of the front yard set backs. Ms. Prillaman responded that
reducing the size of the lake would not relieve them of certain development constraints on the
site, and that the lake is sized in order to provide a certain amount of fill. She further
explained their hardships being the physical condition of the site stating that the topography is
very low and the required 25' buffer along the western property line. Tim Hernandez, vice-
president of Land, addressed the board stating that the code requires 30' building separation
in the rear, and that they are providing 40' and that the ultimate goal that is trying to be
achieved is a better environment for the people who will live here.
After further discussion by the petitioner and the board regarding whether the petitioner had
proved the hardship in this case, a motion was made by Victor Lohmann to recommend denial
of variance set back request (VA-19-95) as it's currently laid out based on the size of the
variance request and an undemonstrated lack of hardship, seconded by Robert Harris. Motion
passed on the following roll call:
John Chamberlain - yes Kim Daise - yes
Robert Harris - yes Victor Lohmann - yes
6. SP-20-95 - The request of Pulte Home Corporation for site plan approval for the construction
of 260 town homes on 26 gross acres located west of SW 31 Avenue and south of Griffin
Road.
This property is legally described as: THIS PROPERTY IS LEGALLY DESCRIBED AS:
ALL PARCEL A, "BANYAN OAKRIDGE COMMERCIAL PLAT" ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 157, PAGE 3 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA LESS THE FOLLOWING DESCRIBED LANDS:
COMMENCE AT THE NORTHEAST CORNER OF SECTION 31, TOWNSHIP 50 SOUTH,
RANGE 42 EAST; THENCE SOUTH 00018'53" WEST ALONG THE EAST LINE OF SAID
SECTION A DISTANCE OF 435.55 FEET; THENCE NORTH 87030'47" WEST A DISTANCE
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Planning and Minutes
Zoning Board NOVEMBER 15, 1995
OF 40.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 870 30 47
WEST A DISTANCE OF 581.67 FEET; THENCE NORTH 00002'48" WEST ALONG A LINE
25.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF A 50.00 FOOT
ACCESS OPENING, AS SHOWN ON SAID BANYAN OAKRIDGE COMMERCIAL PLAT A
DISTANCE OF 358.10 FEET TO AN INTERSECTION WITH THE ARC OF A CURVE
CONCAVE TO THE SOUTH (SAID POINT BEARS SOUTH 00009'27" EAST FROM THE
RADIUS POINT OF THE NEXT DESCRIBED CURVE); THENCE EASTERLY ALONG SAID
CURVE HAVING A RADIUS OF 7055.00 FEET, A CENTRAL ANGEL OF 01028'37", AND AN
ARC DISTANCE OF 181 FEET TO A POINT OF TANGENCY; THENCE NORTH 88021'56"
EAST A DISTANCE OF 191.40 FEET; THENCE SOUTH 87030'47" EAST A DISTANCE OF
186.50 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND SOUTHERLY
ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS
25.00 FEET. A CENTRAL ANGEL OF 87049'40", AND AN ARC DISTANCE OF 38.32 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 00018'53" WEST A DISTANCE OF 358.44
FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF DANIA,
BROWARD COUNTY, FLORIDA.
Will Allen explained that the site plan, with the exception of the denied setback variance,
meets all applicable city codes. The parking requirement of 2 1/2 spaces for 3 bedroom and
2 spaces for 1 bedroom have been met. The landscape requirements have also been more
than exceeded. Mr. Allen stated that this site plan would have to be amended based on the
earlier action of the board regarding the front yard set backs. City Attorney Adler advised that
the site plan could be approved subject to correcting the front yard set backs. After further
questions by the board, a motion was made by Victor Lohmann to approve the site plan
subject to compliance with the front yard setbacks requirements, seconded by John
Chamberlain. Motion passed on the following roll call:
John Chamberlain - yes Kim Daise - yes
Robert Harris - yes Victor Lohmann - yes
Adjourn
12
Planning and Minutes
Zoning Board NOVEMBER 15, 1995