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HomeMy WebLinkAbout1988-12-06 Planning and Zoning Board Minutes MINUTES CITY OF DANIA PLANNING AND ZONING BOARD REGULAR MEETING DECEMBER 6, 1988 7:30 P.M. ROLL CALL Present - Chairman Sam Calandra Vice Chairman Gloria Daly Board Members Anita Serpe David Nuby Irving Spindel Attorney Tim Ryan Director of Growth Management Laurence Leeds APPROVAL OF MINUTES The Minutes of the last meeting was not available. The Vice Chairman Gloria Daly expressed her dissatisfaction and stated that a similar incident had occurred last month. Gloria Daly made a motion seconded by Irving Spindel for "approval of minutes be deferred until they are obtained" . Mr. Leeds was instructed to bring this matter to the attention of the City Manager. RECOMMENDATIONS: Recommendations made for SP-91-88, SP-92-88, SP-93-88, and SP-94-88 will be submitted for the City Commission of December 13, 1988. Recommendations made for all other items will be submitted for the City Commission Meeting of January 10 , 1988. VA-87-88 A variance request to construct a new single family home on a 4500 sq. ft. lot (6000 sq. ft. required) . Petitioner - Broward County Community Development ; Owner - Brenda Miller; property located at 1001 SW 12 Avenue. Legally described at Lot 3, Block 1 of "COLLEGE TRACT" according to the plat thereof as recorded in Plat Book 19 at Page 9, of the public records of Broward County, Florida . Mr. Fred Bono, Area Housing Authority Inspector for the Broward County Community Development stated that he was appearing on behalf of Brenda Miller who is the recipient of a benefit payment through the Broward County Housing Redevelopment Program which uses HUD dollars to knock down old structures and replace them with new homes of approximately 6, 000 sq . ft. Brenda Miller's property is only 4,500 sq. ft. hence the variety request. Mr. Leeds commented that without variance approval , the Petitioner could not build on the lot, and it was necessary for single family homes to be built in the area . All other set-back requirements have been met. The Chairman opened the public hearing. Hearing no one speak in favor or opposition, the Chairman closed the hearing. A motion was made by Irving Spindel , seconded by Anita Serpe to approve the variance request, and the motion was passed on the following roll call vote: r Regular Planning & Zoning Board Meeting December 6 , 1988 �l r Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-yes Anita Serpe-yes Chairman Sam Calandra-yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting. 5E-89-88 A special exception for a pump manufacturing facility in an IR ( Industrial Restricted) zoning district . Petitioner - Roger Freeman; Owner - Marie & Caesar Favarato; property located at 909 Phippen Road. Legally described as Lots , 1 , 2, 3, 4, 5, 6 and Parcel "A" of Block 4, of "COLLEGE TRACT, FIRST ADDITION" , according to the plat thereof as recorded in Plat Book 22 , Page 10 , of the public records of Broward County, Florida. Roger Freeman stated that his business is pump manufacturing, sales and service, and which he is currently looking to expand and assured the Board that his business does not violate the requirements as there are no fumes , odor or noise. Mr. Leeds advised the Board that approval of this special exception should be subject to Mr. Freeman's letter dated October 31 , 1988 ( include in motion) with the following conditions : ( 1 ) - Hours of operation to be 7: 00 AM to 6 :00 PM (2) - Noise, fumes and odor as reference in the above letter. (3) - That Mr. Freeman, in the absence of any sewer service to the site, will be required to tie into the sewer and pay any acreage or unit charges prior to permit approval . (4) - That Mr. Freeman complies with any Fire Department requirements relative to the site. The Chairman opened the public hearing. Mr. Tim Ryan stated that this situation is unique, in that although similar to IG zoning, this IR zoning requires the application be submitted to the Board, e.g. : this business is light manufacturing, yet there is a boat assembly plant in the area . Mr. Bob Mikes , President , Dania Civic Association, expressed concern that with engines being tested , it could eventually phase into heavy manufacturing with sand blasting, spraying, painting, etc. , and suggested that the engine be isolated to a certain spot in the building away from the other residential impacts . Marie Favarato, one of the owners of the property stated that there is a high wall surrounding the property which would absorb the noise and fumes ( if any) ; that the property abuts railway tracks and in the past had been zoned industrial . When it was changed she had protested but had been told the zoning could be changed by special exception. Mrs . Favarato further stated that there are other manufacturing businesses in the area , no residential buildings , just empty lots , the cemetery and the railway around. Irving Spindel voiced his doubts as to approving the request as he did not think the Board had sufficient data on the business to make a sound judgement . Regular Planning & Zoning Board Meeting December 6 , 1988 Mr. Freeman asked the board "not to tie his hands" and suggested that they allow him to operate for 6 months and be reviewed after that for complaints and possible restrictions . Anita Serpe expressed agreement with Mr . Freeman's request. Mr . Leeds suggested that the Board at their discretion could approve the request without limitations as to noise and time and see how it works for a year. Water, sewer tie-in and Fire Department requirements must be complied with regardless . A motion was made by Gloria Daly, seconded by Irving Spindel to approve the special exception subject to the following conditions : ( 1 ) - Review in one year from Certificate of Occupancy for noise and fumes evaluation. (2) Hours f operation to be 7 : 00 AM to 7 :00 PM o p (3) - Compliance with fire and sewer tie-in. Mr. Spindel clarified to the Petitioner that at the time of review if all requirements have been met, the only restriction thereafter would be the hours of operation. The motion was passed on the following roll call vote: Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-yes Anita Serpe-yes Chairman Sam Calandra-yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting. VA-90-88 A variance request to construct a carport awning adjacent to front line (25' setback required) . Petitioner/Owner - Larry Burckhart; property located at 207 SE 2 Street. Legally described as Lots 12 and 13, Block 4 of "MASON SUBDIVISION AMENDED" according to the plat thereof as recorded in Plat Book 14, Page 19 1/2 of the public records of Broward County, Florida . Larry Burckhart stated that his neighbors on either side have carports so when he bought his new car he had a carport erected without first checking with the City. Mr. Leeds explained that the Petitioner had been cited by Code Enforcement and had been given the opportunity to come in and apply for a variance. The Chairman opened the public hearing. Hearing no one speak in favor or opposition, the Chairman closed the hearing. A motion was made by Anita Serpe, seconded by Gloria Daly to approve the variance and the motion was passed on the following roll call vote: Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-yes Anita Serpe-yes Chairman Sam Calandra-yes Regular Planning & Zoning Board Meeting December 6 , 1988 The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting. SP-91-88 A site plan to expand an existing storage facility. Petitioner - Frank Hill ; Owner - Charles McElyea; property located at 1200 Griffin Road. Legally described as that part of the E 1/2 of the NE 1 . 4 of the SE 1/4 of the NE 1/4 of Section 33, Township 50 South, Range 42 East, Broward County, Florida , lying South of Griffin Road. Frank Hill stated that he needed to expand his current storage facility of used auto parts . Mr. Leeds explained that Petitioner plans to demolish a small out-building next to the existing facility and replace it with an addition which lines up with the present building. The Chairman opened the public hearing. Hearing no one speak in favor or opposition, the Chairman closed the hearing. A motion was made by Gloria Daly, seconded by Anita Serpe to approve the site plan. This motion was passed on the following roll call vote: Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-yes Anita Serpe-yes Chairman Sam Calandra-yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting. SP-92-88 A site plan to construct an amusement center/miniature golf course facility. Petitioner/Owner - The Babcock Company; property located at 115 North Bryan Road. Legally described as a parcel of land being a portion of Section 33, Township 50 South, Range 42 East, said parcel also being a portion of DANIA OFFICE PARK as recorded in Plat Book 130 , Page 29 of the public records of Broward County, Florida. . . . . . Timothy J . Talbot representing the Babcock Co. , explained that on November 1 , 1988 the request for a text change to allow indoor/outdoor commercial use as well as a special exception had been approved contingent on submission of a site plan for approval . Mr. Leeds stated that the plan complied with all parking and landscaping requirements . However, they now have to satisfy conditions for water, sewer tie-in and Fire Department requirements , and to provide an amendment to their traffic study for Bryan Oaks Business Park , a condition unique to this zoning. Petitioner informed the Board that sewer lines had been brought in along Tiger Tail Road . The Chairman opened the public hearing. Hearing no one speak in favor or opposition, the Chairman closed the hearing. A motion was made by Irving Spindel , seconded David Nuby to approve the site plan subject to the conditions as set out. This motion was passed on the following roll call vote: Regular Planning & Zoning Board Meeting December 6 , 1988 Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-yes Anita Serpe-yes Chairman Sam Calandra-yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting. SP-93-88 A site plan to expand an existing amusement center/race track . Petitioner/Owner - Mitey Mite Race Track , Inc. ; property located at 1501 NW 1 Street . Legally described as that part of lot 7 , TIGERTAIL GROVE RESUBDIVISION, as recorded in Plat Book 30 , Page 20 , Broward County, Florida . . . . . . Tim Talbot representing Mitey Mite Race Track requested site plan approval to expand existing amusement facility. Mr . Leeds suggested that approval be subject to the following conditions : (1 ) - Site plan be brought up to meet Fire Department 's code modification to provide emergency access gates to the race tracks . This could be worked out prior to building permit approval . (2) - An existing use requirement for sewer tie-in and payment of acreage and fee charges . (3) - Construction of a local industrial road extending Dania Beach Boulevard to I-95 where it abuts property. Or applicant could post a bond for half the cost of the road , and leave the balance for the property owner to the South to pick-up. Approval must include this condition to assure the road construction should the property change hands , and the site construction of the right-of-way occurs concurrently with development. The Chairman opened the public hearing. Hearing no one speak in favor or opposition, the Chairman closed the hearing. A motion was made by Anita Serpe, seconded by Gloria Daly to approve the site plan subject to the posting of a bond for half the cost of the road construction. Money will not be used until the other half is collected . This motion was passed on the following roll call vote: Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-yes Anita Serpe-yes Chairman Sam Calandra-yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting. SP-94-88 A site and landscape plan for a warehouse/retail conversion. Petitioner - Itzhak Dickstein; Owner - Oyster Ltd. ; property located at 768 East Dania Beach Boulevard . Legally described as the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 , of Section 35, Township 50 South, Range 42 East , subject to right-of-way of Dania Beach Boulevard , said lands situate, lying and being in Broward County, Florida . Bob Ishman stated that plans to remodel the Old Oyster House have been submitted. Regular Planning & Zoning Board Meeting December 6 , 1988 Mr. Leeds suggested approval be subjected to: ( 1 ) - Meeting Fire Department's requirements . (2) - Compliance with drainage requirements . (3) - Modification of site plan to locate many of the parking spaces now on the outside, to inside the fenced area. (4) - Removal of underground gas tanks in rear of building. The Chairman opened the public hearing. During the ensuing discussion, concern was expressed that the original safety measures for the storage of fire works were not going to be complied with. A motion was made by Gloria Daly, seconded by Irving Spindel , to deny approval of the site plan . The motion passed on the following roll call vote: Irving Spindel-yes Vice Chairman Gloria Daly-yes David Nuby-no Anita Serpe-yes Chairman Sam Calandra-yes NEW BUSINESS Dania Downtown Development (DDD) . Mr. Leeds stated that at the request of the DDD Committee, he had drafted an ordinance for a new zoning classification for the commercial/industrial area with the geographical limits of Stirling Road with South to Old Griffin Road on the North and FEC Railway on the West to Fronton Boulevard on the East. Mr. Leeds explained that DDD II is designed for areas that are zoned C-2 and DDD III for areas zoned C-3. With the new zoning there will not be any restrictions as to site area , plat area , lot coverage and set back requirements or for traffic ways . The idea is to facilitate tax base quality development in the Dania Downtown area. Mr. Leeds stated that he had recommended the adoption of the ordinance, but the Committee was interested in hearing the Board 's comments first. Gloria Daly commented on landscaping of new construction as it pertains to present set-back requirements . Mr. Leeds said he would look into the matter further . A motion to adjourn was made by Gloria Daly and unanimously agreed to. Regular Planning & Zoning Board Meeting December 6 , 1988 I