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HomeMy WebLinkAbout1986-07-01 Planning and Zoning Board Minutes MINUTES DANIA PLANNING AND ZONING BOARD REGULAR MEETING JULY 1, 1986 7:30 P.M. The Chairman of the board called to order the regular meeting of the Planning and Zoning Board at 7 : 33 P .M . ROLL CALL Present : Chairman : Sam Calandra Board Members : Audrey Cassese Gloria Daly Irving Spindel Howard Blackmon City Attorney : Frank Adler Building Official : Paul Maxwell A motion was made by Audrey Cassese, seconded by Gloria Daly , to approve the minutes of the regular meeting of Planning and Zoning Board of June 3, 1986 . The motion passed unanimously . RECOMMENDATIONS RZ-11-86 A rezoning request ( Containing 2 .8 acres , more or'' less) to change from RD-6000 (Duplex ) to C-3 (Commercial ) . Petitioner/Owner - William Stewart, Jr . Property located at 999 North Federal Highway. Legally described as the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 34, Township 50 South, Range 42 East , LESS the West 150 feet thereof . Said lands situate, lying and being in Broward County, Florida . LUF-12-86 A land use flex to assign 2 .8 acres, more or less of Commercial Flex Acreage, subject to determination of Major Employment Center . Petitioner/Owner - William Stewart , Jr . Property located at 999 North Federal Highway . Legally described as the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 34, Township 50 South, Range 42 East , LESS the West 150 feet thereof. Said lands situate, lying and being in Broward County, Florida . Attorney Richard Percic , 110 East Broward Boulevard, Suite 1800, Fort Lauderdale, Florida , was present to represent the owners of the rezoning and land use flex requests . Mr . Maxwell commented on the need for a revised survey to show the correct acreage . Further stating that the acreage on the survey is consistent with the zoning and land use maps . The Chairman opened the public hearing . Hearing no one speak in favor or opposition , the Chairman closed the public hearing . Mr . Maxwell informed the Chairman and also Mr . Percic that the corrected survey needed to be in to allow for the 10 day advertisement prior to the Commission meeting . - 1 - a motion was made by Irving Spindel , seconded Audrey Cassese to recommended approval of RZ-11-86, subject to the submittal of the survey with the correct square footage and acreage . The motion passed unanimously . A motion was made by Gloria Daly, seconded by Howard Blackmon to recommend approval of LUF-12-86 . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting . RZ-24-86 A rezoning request (Containing 17 .91 acres, more or less ) to change from IG ( Industrial ) and A-1 (Agriculture) to IRO ( Industrial -Research-Office) . Petitioner/Owner - Michael L . Thomas . Property located at Tigertail Blvd . ( NW 1st Street) & Bryan Road . Legally described as A parcel of land being a portion of Section 33, Township 50 South, Range 42 East and all of Parcel "A" IMI LANDS as recorded in Plat Book 116, page 24 of the public records of Broward County, Florida, said parcel also being a portion of Lot 3 and all of Lots 1 and 2 of TIGERTIAL GROVE RESUBDIVISION as recorded in Plat Book 30, page 20 of said public records . Said land situate within the City of Dania, Broward County, Florida , containing 17 . 91 Acres ( 779, 969 square feet ) , more or less . LUF-25-86 A land use flex change to assign 9 .00 acres of Commercial Flex Acreage, subject to determination of Major Employment Center . Petitioner/Owner - Michael L . Thomas . Property located at Tigertail Blvd . ( NW 1st Street ) & Bryan Road . Legally described as A parcel of land being a portion of Section 33, Township 50 South, Range 42 East and all of Parcel "A" IMI LANDS as recorded in Plat Book 116, page 24 of the public records of Broward County, Florida , said parcel also being a portion of Lot 3 and all of Lots 1 and 2 of TIGERTIAL GROVE RESUBDIVISION as recorded in Plat Book 30, page 20 of said public records . Said land situate within the City of Dania, Broward County, Florida, containing 17 .91 Acres (779, 969 square feet ) , more or less . Ed Bell , of the Babcock£CLompany, was present to represent the above requests . Mrk stated that the petitioner/owner had met with the staff to review both the project and concept . Mr . Maxwell commented that the project was adapted from the IRO concept, reducing the flex to about half the project , stating further that the City would be saving a great amount of flexibility from this project . Mr . Maxwell further stated that all requirements had been met . The Chairman opened the public hearing . Hearing no one in favor or opposition . The Chairman closed the public hearing . A motion was made by Audrey Cassese, seconded by Irving Spindel to recommend approval for the rezoning (RZ-24-98) . The motion passed unanimously . A motion was made by Gloria Daly to recommend approval for land use flex ( LUF-25-86) . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting . PL-33A-86 A plat approval request for the Krilich Plat (Containing 3 .7099 acres ( 161 . 601 sq . ft . ) more or less . Petitioner - M .E . Berry ; Owner - Robert R . Krilich . Property located at Stirling Road and SW 18th Court . P & Z Minutes July 1, 1986 Regular Meeting - 2 - • Legally described as : The E 1/2 of the W 1/2 of the SE 1/4 of the SW 1/4, Less the South 193 feet thereof, in Section 33, Township 50 South , Range 42 East , Broward County, Florida ; And Lots 18 through 24 inclusive, Block �, together with Lots 1 through 12 inclusive, Block 2 ; all according to the Plat of "DOUGLAS HILL" , as recorded in Plat Book 12, page 45, of the public records of Broward County, Florida . Said lands contain 3 .7099 acres ( 161, 601 sq . ft . ) more or 1 e s s . Bruce Meade, of Berry & Calvin , was the agent for ' the petitioner . Mr . Maxwell commented on the plat with respect to the vacation of S .W . 18th Court , further stating that the plat has been changed showing that S .W . 18th Court and 1st Street remaining . Mr . Maxwell stated all requirements had been met and the plat was in order . The Chairman opened the public hearing . Hearing no one speak in favor or opposition , the Chairman closed the public hearing . A motion was made by Audrey Cassese, seconded by Howard Blackmon to recommend approval of the plat ( PL-33A-86 ) . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting . SE-39-86 A special exception request for entertainment use , Petitioner/John E . Lemieux ; Owner/Nick Nolter, Solic Properties . Property located at 1301 South Federal Highway . Legally described as Lots 1 through 5 inclusively, lots 8 through 13 inclusively and lots 18 through 23 inclusively, Block 3, "DIXIE WAY" , according to the plat thereof recorded in Plat Book 12, page 4, of the public records of ' Broward County , Florida . Said lands being located in the City of Dania , Broward County, Florida . Mr . Ed Waller was the agent for the petitioner/owner . Mr . Waller spoke of the desire to have live entertainment , to include live bands, singers and musical groups . Mr . Maxwell commented that twice previously the property had a special exception and that they were limited to one ( 1 ) year . The Chairman opened the public hearing . Hearing comments from Sharon Shields regarding the hours and entertainment , the Chairman closed the public hearing . A motion was made by Gloria Daly , seconded by Irving Spindel to recommend approval for Special Exception ( SE-39-86 ) , with the stipulation that it be reviewed at the end of one ( 1 ) year . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting . VA-40-86 A variance request to construct boat sheds to a maximum height of 60 ' and boat construction building to a maximum height of 50 ' (Maximum 35 ' permitted ) . Petitioner/Owner - Elias Gunnell . Property located at 775 Taylor Lane . Legally described as Derecktor ' s South as recorded in Plat Book 89, page 21 , of the public records of Broward County, Florida . SP-09-86 A site plan approval request to construct boat sheds and boat construction building in an IG ( Industrial General ) zoning district . Petitioner/Owner - Elias Gunnell . Property located at 775 Taylor Lane . P & Z Minutes July 1, 1986 Regular Meeting - 3 - Legally described as Derecktor ' s South as recorded in Plat Book 89, page 21, of the public records of Broward County , Fl on da . Mr . Jeffery Gross, Architect of Hollywood , was present to represent the Variance and Site Plan requests . Comments were made by Mr . Maxwell regarding the requirements for landscaping along the Cut-off Canal and the area along Taylor Lane , stating that these were the areas that were adjacent to public view. Mr . Maxwell further stated that the use for this compound was mainly for refurbishing boats . Mr . Maxwell continued his comments by showing the board and the public from the map those areas that are being petitioned for use . The Chairman opened the public hearing, hearing comments from Peggy Kaffel , of 325 NE 5th Court and Angie Benante, of 326 NE 5th Avenue . Discussion ensued among all parties concerned as to the original dredging and whose responsibility it was to do the landscaping at that time . City Attorney Adler informed the board and Mrs . Kaffel that before, the petition was a rezoning and this is a variance, and the board could put conditions in variances, but couldn ' t put conditions in a rezoning . Further discussion ensued from board members and the petitioner . The Chairman then closed the public hearing . A motion was made by Gloria Daly, seconded by Howard Blackmon to recommend approval for Variance (VA-40-86 ) with the stipulation that Taylor Lane be landscaped and buffered immediately and that they meet with the Building Official to landscape as much as the other areas as soon as possible and the area directly across from Mrs . Kaffel . The motion passed unanimously . A motion was made by Gloria Daly, seconded by Audrey Cassese to recommend approval for Site Plan SP-09-86 . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission meeting . RZ-43-86 A rezoning request (containing 3 .0 acres, more or less ) to change from IG( Industrial General ) to IRO ( Industrial Research Office) . Petitioner - Phoenix Group II ; Owner - Nisa Industries , Inc . Property located at Taylor Road Extension . Legally described as : The East 416. 66 feet of the West 516.66 feet ( as measured along the North line ) of the N 1/2 of the NW 1/4 of the SE 1/4 of the NW 1/4 of Section 26, Township 50 South, Range 42 East, less the South 30 feet thereof. LUF-42-86 A land use flex change to assign 3 .0 acres, more or less, of commercial flex acreage ( 20% Rules) . Petitioner - Phoenix Group II ; Owner - Nisa Industries, Inc . Property located at Taylor Road Extension . Legally described as : The East 416.66 feet of the West 516.66 feet (as measured along the North line) of the N 1/2 of the NW 1/4 of the SE 1/4 of the NW 1/4 of Section 26, Township 50 South, Range 42 East , less the South 30 feet thereof. SE-49-88 A special exception request for a Hotel facility in an IRO zoning district . Petitioner - Phoenix Group II ; Owner - Nisa Industries, Inc . Property located at Taylor Road Extension . P & Z Minutes July 1, 1986 Regular Meeting - 4 - � F Legally described as : The East 416 .66 feet of the West 516 .66 feet (as measured along the North line ) of the N 1/2 of the NW 1/4 of the SE 1/4 of the NW 1/4 of Section 26, Township 50 South, Range 42 East , less the South 30 feet thereof. Ms . Linda Strutt , of Williams, Hatfield and Stoner, was the petitioner for the above requests. Ms . Strutt explained that this project is a part of the Nisa Plat which will be housing the Days Inn Hotel . This project will be of a different nature known as Residence Inn . Ms . Strutt gave the board - an overall view of the proposed use . Mr . Maxwell commented that the basic request is the rezoning and along with the rezoning in order to put in this type of facility in that classification they have to get an assignment of the 20% land use flex rule, and in order to put in a hotel in that zoning they also have to comply with the special exception request for the hotel facility in the IRO district ; explaining that in order to have one they have to have all three . Mr . Maxwell further explained that this is a requirement that the City put in the IRO district when it was set up to allow the City more control . City Attorney Adler commented that most of the area including this project is designated on the Land Use Plan as IRO use, and that it is the City ' s duty after adopting the land use plan to rezone all the property to comform to the land use Plan . He further stated that the City had not rezoned all the property because of the time and manpower involved , and that it is left to for the different developers to petition for the use, further stating that the City is obligated to change the zoning to IRO because it ' s in the land use plan and mandated that it be changed . The Chairman opened the public hearing, hearing no one speak in favor or opposition , the Chairman closed the public hearing . A motion was made by Gloria Daly, seconded by Howard Blackmon to recommend approval for RZ-43-86 . The 'motion passed on the following roll call vote : Irving Spindel - yes Gloria Daly - yes Audrey Cassese - Abstained Howard Blackmon - yes Sam Calandra - yes A motion was made by Howard Blackmon , seconded by Gloria Daly to recommend approval for LUF-42-86 . The motion passed on the following roll call vote : Irving Spindel - yes Audrey Cassese - Abstained Gloria Daly - yes Howard Blackmon - yes Sam Calandra - yes A motion was made by Howard Blackmon , seconded by Gloria Daly to recommend approval for SE-49-86. The motion passed on the following roll call vote : Irving Spindel yes Audrey Casses - Abstained Gloria Daly - yes Howard Blackmon - yes Sam Calandra - yes The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting . VC-44-86 A vacation request to vacate Southwest llth Avenue . Petitioner - M .E . Berry, II ; Owner - Victory Villas, Inc . Property located at S .W . llth Avenue, between S .W . 1st Street and Dania Beach Blvd . P & Z Minutes July 1, 1986 Regular Meeting - 5 - w Legally described as : All that portion of S .W . 11th Avenue as shown on the plat of "HENRY PARK" , as recorded in Plat Book 24, page 27, of the public records of Broward County, Florida , bounded on the south by the south line of Block 2 of said plat, and bounded on the north by a line 30 feet south of the north line of said Block 2. Bruce Meade, agent for Berry & Calvin Engineers, 3129 North 29th Avenue, Hollywood, was the representative for the vacation request . Mr . Meade explained that the vacation was in order according to changes requested by Mr . Maxwell . The Chairman opened the public hearing , hearing no one speak in favor or opposition , the Chairman closed the public hearing . A motion was made by Audrey Cassese, seconded by Howard Blackmon to recommend approval for VC-44-86. The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting . RZ-45-86 A rezoning request ( Containing 0 . 20 acres , more or less ) to change from RD-6000 (Duplex ) to C-2 ( Commercial ) . Petitioner/Owner - Ivory McCutcheon . Property located at 706 N .W . 1st Street . Legally described as Lot 1 together with the North 1/2 of lot 2, of " SARATOGA" , according to the Plat thereof, as recorded in Plat Book 18, page 23 of the public records of Broward County, Florida . LUF-46-86 A land use flex change to assign 0 .20 acres, more, or less, of commercial flex acreage ( 5% Rule) . Petitioner'/Owner - Ivory McCutcheon . Property located at 706 N .W . 1',st Street . Legally described as : Lot 1 together with the Norlth 1/2 of lot 2, of "SARATOGA" , according to the Plat thereof, as recorded in Plat Book 18, page 23 of the public records of Broward County, Florida . Ivory McCutcheon ,of 401 NW 3rd Place, Dania, was the representative of the above petitions . Mr . Maxwell was asked by the Chairman to comment on the rezoning plan . He stated that this area was desginated on the 163 redevelopment plan as commercial . He further stated that Mr . McCutcheon ' s intent to develop this property in accordance with the 163 redevelopment plan . Mr . Maxwell also stated that a 5% flex rule was required . In addition, he also stated that all other requirements have been met . The Chairman opened the public hearing, hearing from Ms . Bobbie Grace of 110 NW 8th Avenue, Dania , speak in favor of the petitioner, and no one speak in opposition , the Chairman closed the public hearing . A motion was made by Audrey Cassese, seonded by Gloria Daly to recommend approval for RZ-45-86. The motion passed unanimously . A motion was made by Audrey Cassese, seconded by Howard Blackmon to recommend approval for LUF-46-86 . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting . RZ-47 -86 A rezoning request ( containing 0 . 25 acres, more or less ) to change from RD-6000 (Duplex ) to C-2 (Commercial ) . Petitioner/Owner - Ivory McCutcheon . Property located at the corner of NW 8th Avenue and NW 1st Street . P & Z Minutes July 1, 1986 Regular Meeting - 6 - I 4 Y 0 Legally described as : Lots 22 and 23, Block 30 of "THE TOWN OF MODELO" , according to the Plat thereof, as recorded in Plat Book B, page 49 of the public records of DadelCounty, FLorida . LUF-48-86 A land use flex change to assign 0 . 25 acres, more or less, of commercial flex acreage ( 5% Rule) . Petitioner/Owner - Ivory McCutcheon . Property located at the corner of NW 8th Avenue and NW 1st Street . Legally described as : Lots 22 and 23, Block 30 of "THE TOWN OF MODELO" , according to the Plat thereof, as recorded in Plat Book B . page 49 of the public records of Dade County, FLorida . Ivory McCutcheon of 401 NW 3rd Place, Dania , was the representative for these petition requests . Mr . Maxwell commented that this property is directly across the street from the other property that the petitioner has . He further stated that the sittuation would bring it in compliance with the 163 redevelopment plan for the area . Mr . Maxwell indicated that Mr . McCutcheon would have to return with the site plan , however, at this point he is in compliance with all requirements . The Chairman opened the public hearing, hearing no one speak in favor or opposition, the Chairman closed the public heari ng . A motion was made by Gloria Daly, seconded by Irving Spindel to recommend approval for RZ-47-86. The motion passed unanimously . A motion was made by Audrey Cassese, ' seconded by Howard Blackmon to recommend approval for LUF-4$-86. The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting . RZ-51-86 A rezoning request ( containing 12 . 6 acres, more or less ) to change from IRO ( Industrial Research Office) to PEDD ( Port Everglades Development District ) . Petitioner/Owner - John Bond . Property located at Taylor Road Extension . Legally described as : A portion of Section 23, Township 50 South, Range 42 East, and a portion of Section 26, ' Township 50 South , Range 42 East , all more fully described as : Beginning at the South 1/4 corner of said Section 23, thence South 2°16 ' 58" East , along the East line of the Northwest 1/4 of said Section 26, a distance of 15.00 feet . Said lands situate, lying and being in Broward County, Florida , and containing 12 .6707 acres more or less . . . . . . . . . ; . Mr . Robert McLaughlin of McLaughlin Engineers was present on behalf of John Bond . Mr . McLaughlin stated to the board that this request had been reviewed back in March but at the time the City did not have a PEDD District, further stating that since that time the City now has a PEDD District and they are' again requesting rezoning . Mr . Maxwell informed the board that this is the Port Everglades Development District that involved the Cities of Hollywood, Fort Lauderdale, Dania and Broward County working on a zoning classification that would allow anyone coming into the area the same district regardless of the city they where in . Mr . Maxwell further stated that this rezoning would bring us into compliance with the others . The Chairman opened the the public hearing, hearing no one speak in favor or opposition , the Chairman closed the public hearing . P & Z Minutes July 1, 1986 Regular Meeting - 7 - t A motion was made by Gloria Daly, seconded by Irving Spindel to recommend approval for RZ-51-86. The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting . SP-10-86 A site plan request for a Motel and Office facility in a C-3 District . Petitioner/Owner - James Pag . Property located at 595 East Dania Beach Boulevard . Legally described as : The East 71 .0 feet of the Southwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 35, Township 50 South, Range 42 East . . . . . . . . . . . Mr . James Pag of, 4631 SW 30th Way, Fort Lauderdale, was the petitioner for this request . Mr . Spindel questioned access to the property . Mr . Maxwell informed Mr . Spindel that there is a paved access road in the rear that is being used by the Danians tenants . The Chairman opened the public hearing, hearing no one speak in favor or opposition , the Chairman closed the public hearing . A motion was made by Audrey Cassese, seconded by Irving Spindel to recommend approval for SP-10-86 . The motion passed unanimously . The Chairman advised the petitioner to appear before the City Commission at the next regular City Commission Meeting . This Regular Planning and Zoning Board Meeting was then adjourned . Any person who decides to appeal any decision made by Planning and Zoning Board or City Commission with respect 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 record includes the testimony and evidence upon which the appeal is to be based . P & Z Mhnutes. Regular Meeting July 1, 1986 - 8 -