HomeMy WebLinkAbout2009-01-21 Planning and Zoning Board Minutes MINUTES
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD
REGULAR MEETING
Commission Chambers
Wednesday,January 21,2009
7:10 PM
ROLL CALL
Edward Bourgeois Present Corinne Lajoie,AICP,Acting Community Development Director
Lottye Crooms Excused Kristin Dion,City Planner
Angeline Flowers Excused Thomas Ansbro,City Attorney
Patrick Schilling Present Lou Ann Cunningham,Board Clerk
Paul Fetscher Present
Motion made by Edward Bourgeois seconded by Patrick Schilling to excuse Lottye Crooms and Angeline
Flowers. Motion passed unanimously.
PLANNING AND ZONING BOARD ITEMS (FINAL APPROVAL)
1) VA-89-08 — Variance request by Yolanda Gernant for a 14 foot by 6 foot storage addition on
property located at 2740 SW 46 Court, Dania Beach, Florida. The variance request is to allow
the addition to be located 3 feet from the side property line (Broward County Zoning Code
Article XXXVI, Section 39-583 Side yards,requires seven and one half feet (7 1/2).)
RESOLUTION NO. 2009-PZ-001 - A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA PLANNING AND ZONING BOARD, APPROVING THE VARIANCE REQUEST
SUBMITTED BY YOLANDA GERNANT FROM CHAPTER 28, "ZONING", ARTICLE 4,
"SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED
AT 2740 SW 46 COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Kristin Dion, City Planner, addressed the board describing the proposed variance request by
Yolanda Gernant. Ms. Dion indicated that the property was cited by Code Compliance for
constructing a storage addition with out a permit. She indicated that the addition is located three
feet closer to the property line than allowed by the zoning code. Ms. Dion concluded indicating
that staff is recommending denial of the variance.
Yolanda Gernant 2740 SW 46 Ct., Dania Beach addressed the board describing the reason for
the request and hardship. She further indicated that the home does not provide adequate storage
space.
Chairman Fetscher opened this item to the public for comment. Hearing no one and seeing no
one,the public hearing was closed.
Corinne Lajoie, Principal Planner addressed the board to explain the existing conditions of the
site and the existing slab and further indicated that the existing permit was for concrete paving.
Ms. Lajoie indicated that the permit date was from 1998 and the final inspection was performed
in 1999.
Planning and Zoning Board Meeting 2
Minutes January 21,2009
Discussion by the board relating to the structure and reasons for not obtaining the required
building permits, stating that if building permits had been applied for, the setback issue would
have been addressed prior to the structure being constructed incorrectly.
Ms. Gernant indicated that she has drawings from Gerald Graham Architect and that he did not
indicate a permit was required. Ms. Gemant further stated that her neighbors did not object to the
construction.
Motion made by Edward Bourgeois to approve resolution 2009-PZ-001 for request VA-89-08.
Motion failed for lack of a second.
Motion made by Patrick Schilling to deny resolution 2009-PZ-001 based on the hardship being
caused because of the applicants failure to obtain the required permits and follow the code for
variance request VA-89-08. Motion failed for a lack of a second.
After discussion by the board, the motion was restated by Patrick Schilling to deny resolution
2009-PZ-001 for request VA-89-08, seconded by Edward Bourgeois.
Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling — yes
Paul Fetscher — yes
PLANNING AND ZONING BOARD ITEMS (ADVISORY)
2) The applicant, Kenneth Carlson on behalf of the City of Dania Beach, for property located
at the SW corner of SW 12th Avenue and Stirling Road (1201 Stirling Road), Dania Beach
for the following variance requests:
VA-87-08 - To reduce the building setback along the eastern property line to 15 feet; (Chapter
28,Zoning, Article 4. District Regulations requires a 75 foot setback.)
VA-88-08 - To reduce the required number of shade trees by 25 %. (Chapter 27, Vegetation,
Article IV, Landscaping requires a minimum of 40 per cent of the required trees to be
"shade/canopy variety".)
SP-75-08 - Proposed site plan request to allow the construction of a 2,500 square foot
Community Center.
Kristin Dion, City Planner addressed the board to describe the site plan request by Ken Carlson
representing the City of Dania Beach for the proposed construction of a 2,500 square foot
CommunityCenter and associated variances from landscape and building setback to be located
p g
on SW 12th Avenue within the existing Public Services Complex. Ms. Dion described the
existing zoning, land use and variance requests for the board. Ms. Dion concluded stating that
staff is recommending approval of the variances and the site plan request.
Ken Carlson, Architect addressed the board 1002 East Newport Center Drive Deerfield Beach, to
describe the hardship criteria relating to the proposed variance requests and a description of the
proposed city project.
Planning and Zoning Board Meeting 3
Minutes January 21,2009
Dan Carter, Carter and Associates Landscape Architects, 74 NE 5th Avenue Delray Beach
addressed the board for the record to answer any questions for the board.
Chairman Fetscher opened this item to the public for comment.
Derrick Hankerson,Vice President of the College Gardens Neighborhood Association, 746 SW 3
Street Dania Beach requested an explanation of the elevations for the proposed center.
Mr. Carlson addressed the board to describe the elevations of the proposed Community Center
building and address any questions.
Hearing no one and seeing no one further,the public hearing was closed.
Motion made by Edward Bourgeois to approve the variance requests VA-88-08 and VA-89-08,
seconded by Patrick Schilling. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling — yes
Paul Fetscher — yes
Motion made by Edward Bourgeois to approve the site plan request SP-75-08, seconded by
Patrick Schilling. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling — yes
Paul Fetscher — yes
3) Request by applicant John M. Milledge, Esq., representing the property owner, Banyan
Bay Marine Center, LLC., for property located at 4491 Ravenswood Road for the
following:
RZ-58-07 — Rezoning request from the RI-C (Residential) zoning designations to C-4
(Commercial).
LUF-85-08 — To allow the construction of a dry stack boat storage, service and repair building
on property with Low(5) Residential Land Use designation.
Special Exception requests:
5E-59-07-To allow wet and dry stack marina on property zoned C-4.
5E-83-08 -To allow boat repair service and storage on property zoned C-4.
SE-84-08 - To allow entertainment use on property zoned IROM.
Variance requests as follows:
1. To allow a 10 foot wall located along the south and west property lines; (Chapter 28,
Zoning Article 5.36. Walls,Fences and Hedges permits 4 foot to 6 foot wall.)
2. To provide no sidewalk adjacent to Ravenswood Road; (Chapter 22, Streets and
Sidewalks,Article 22-27 requires sidewalks adjacent to all right-of-ways.)
3. To allow 3 directory wall signs for the dock master building; (Chapter 28, Zoning,
Article 28 Signs, allows 1 directory sign.)
Planning and Zoning Board Meeting 4
Minutes January 21,2009
4. To allow four (4) monument signs on site; (Chapter 28, Zoning, Article 28, Signs,
allows three (3)monument signs.)
5. To allow a 125.5 square foot pole sign area; (Chapter 28, Zoning, Article 28, Signs,
permits 48 square foot area.)
6. To allow a 105 foot tall pole sign; (Chapter 28, Zoning, Article 28.140, Signs,permits
a pole sign height that shall not exceed fifty (50) feet or twenty-five (25) feet above
the height of the elevation of the abutting interstate highway,whichever is less.)
7. To allow 5 to 8 inch letter height for the directory signage; (Chapter 28, Zoning,
Article 28, Signs,permits a maximum of 4 inch letter height.)
8. To allow landscape islands with 1 tree; (Chapter 27, Vegetation, Article IV,
Landscaping requires 2 trees per landscape island.)
9. To provide 263 parking spaces. (Chapter 28, Zoning, Article 6.21. Off-Street Parking
requires 482 parking spaces.)
10. To allow the dry stack boat storage building provides a 35 foot side setback from
residential; Chapter 28, Zoning, Article 4. District Regulations requires a 100 foot
side setback.)
11. To allow the dry stack boat storage building to be 50' tall; (Chapter 28, Zoning,
Article 4. District Regulations, as a condition to the special exception uses in the C-3
and C-4 zoning districts, allows a maximum 30 feet in height.)
12. To allow a dry stack boat storage building to provided 360 boat slips; (Chapter 28,
Zoning, Article 4. District Regulations, as a condition to the special exception uses in
the C-3 and C-4 zoning districts, allows a maximum of fifty(50)boat slips.)
13. To allow building identification wall signs to total 1,119.5 square feet; (Chapter 28,
Zoning, Article 28, Signs, permits a maximum building identification wall signage of
75 square feet.)
Waivers:
1. To allow the dock master building north setback to be 10 feet; (Chapter 28, Zoning,
Article 18.60 requires a 21.5 foot setback.)
2. To allow the restaurant north setback to be 10 feet; (Chapter 28, Zoning, Article
18.60 requires a 20 foot setback.
DR-62-07—Plat Note Amendment
Existing Note:
Commercial 8,900 square feet
Boat Storage 39,000 square feet
Maximum building height 57.25 feet AMSL
Proposed Note:
Marina(wet/dry)487 berths
Ancillary Commercial 20,700 square feet
Maximum building/sign height of 105 feet AMSL
SP-57-07 — Proposed site plan request to allow the construction of a 50 foot tall dry stack boat
storage and repair building, 9,270 square foot restaurant and 2-story dock master/ship store
building.
Corinne Lajoie, AICP, Principal Planner addressed the board to describe the Banyan Bay project
which include requests for rezoning, land use flex, special exception, waivers, plat note
amendment and site plan request along with staffs conditions for each. Ms. Lajoie described the
existing conditions of the site that include the single family residential and industrial research
Planning and Zoning Board Meeting 5
Minutes January 21,2009
office marine zoning districts. There is an existing marina facility and outdoor storage on the
site and the two sites to be rezoned to C-4 currently have single family residences on them. She
explained that currently the existing marina has an occupational license to operate a marina,boat
repair and storage facility.
Ms. Lajoie indicated that the first request is to utilize land use flex on the two western residential
properties containing approximately 2.35 acres from a residential to commercial land use
designation to allow the rezone the property from RIC zoning to C-4. Ms. Lajoie gave an
overview of the land use flex methodology applicable to rezoning properties.
Ms. Lajoie gave a detailed description for each of the special exception use requests and further
explained each of the variance requests dealing with signage, landscaping, setback, height and
wall requirements. Ms. Lajoie described the variance request regarding the installation of the
sidewalk and that the Public Services Director has indicated that the request be denied and that
sidewalks be installed as required. She discussed the waivers and the request for a plat note
change.
Ms. Lajoie concluded describing staffs' conditions as indicated by the Fire Marshal, Public
Services Director and Landscape consultants that must be addressed by the applicant.
John M. Milledge, Esq., 200 SW 1 Ave, representing the property owner, Banyan Bay Marine
Center, LLC, along with Jim McCullough Project Manager, addressed the board describing the
project in more detail for the board. He described for the board the upgrades that will be made to
the site and upgraded amenities which include a casual restaurant with entertainment and boaters
services. Mr. Milledge indicated that this project was reviewed at a preliminary meeting by the
City Commission describing the requests and obtaining their recommendation for the project.
Jim McCullough, Project Manager 1815 Cordova Road Ft. Lauderdale addressed the board,
describing the details of the architectural features of the project.
Chairman Fetscher opened this item to the public for comment.
Patrick Hart 2276 SW 44' Street disagrees with the zoning change from residential to
commercial. Feels the rack and stack use where the boat repair will occur will have a noise
impact.
Christine Hart 2274 SW 44th Street disagrees with the zoning change as it will negatively impact
the neighborhood. She feels the variances are excessive and will negatively impact the
residential uses and the property values in the area.
Fred Elson 2295 SW 45`h Street would like the letter sent by his Attorney entered into the public
record. Mr. Elson feels that the expansion of this use will affect the peacefulness of the
neighborhood. He stated that the noise, odor and fumes are inappropriate for the neighborhood.
Craig Callahan 4430 SW 23 Avenue responded to the comment relating to "no response from the
residents", stating that the applicant made offers to purchase the properties well below what the
property owners felt their properties were worth.
Patricia Manley 2275 SW 44`h Street lived in her home since 1993, enjoys her quiet
neighborhood and feels this use will bring disruption to the neighborhood.
Planning and Zoning Board Meeting 6
Minutes January 21,2009
Rose Lizana 214 SE 2°a Street questioned whether the applicant has spoken to the Rustic Inn and
whether the overflow parking negatively impact this business.
Teddy Bohanan SW 15`h Street spoke in favor of the request feels that this development will help
the city economically.
Derrick Hankerson 746 SW 3ra Street spoke about the future visioning of the city and the need
for redevelopment. Feels this type of development is in line with the vision of the city.
Fred Elson addressed the board with a comment relating to previous comments made about
development in the city and that they would feel different if it were their property being impacted
by the noise, fumes and traffic.
Jimmy Crimminger 237 SW 15th Street addressed the board supports the building, signs and the
concept. Mr. Crimminger sympathized with the plight of the neighbors, feels the applicant and
property owners should be able to come to an amicable agreement.
The applicant addressed the board's questions regarding the issues of liquor license and outdoor
storage. The board would like to see a tax revenue estimate for this project and whether the
citizens will get a discount toward the amenities.
The applicant John Milledge addressed comments regarding the offers made to the property
owners stating that these comments were incorrect. Mr. Milledge indicated that this project will
improve the look of the neighborhood. He also indicated that SW 45th Street is directly aligned
with the 9R runway and that the noise levels are already loud from the approaching planes. He
concluded stating that the existing vacant lots are not appropriate for residential uses and that the
surrounding properties are already being negatively impacted by the airport noise.
Chairman Fetscher felt that it was inappropriate to use a comparison between the noise from the
proposed airport expansion and the proposed noise to be generated by the project. He explained
that Dania Beach has voted to oppose the airport runway expansion and therefore would
logically fight the noise generated from the proposed Banyan development.
Hearing no one and seeing no one further, the public hearing was closed.
Chairman Fetscher referenced the proposal by Boyd Gaming for the proposal in the NE section
of town. The Chairman felt that Boyd gaming fully worked with the citizens of Dania Beach in
an attempt to accommodate their needs due to the perceived impact of the development.
Chairman Fetscher indicated that he did not see this happening with this project. The board
questioned whether the applicant would be willing to table the item to give time to work with the
neighbors. The applicant indicated he would not be willing to table the request.
Motion made by Edward Bourgeois to deny rezoning request RZ-58-07, seconded by Patrick
Schilling. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling — yes
Paul Fetscher — yes
Planning and Zoning Board Meeting 7
Minutes January 21,2009
Motion made by Patrick Schilling to deny request LUF-85-08, seconded by Edward Bourgeois.
Motion passed on the following roll call:
Edward Bourgeois - yes Patrick Schilling - yes
Paul Fetscher — yes
Motion made by Patrick Schilling to deny the request for a plat note amendment DR-62-07,
seconded by Edward Bourgeois. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
Motion made by Patrick Schilling to deny special exception requests 5E-59-07, SE 83-08 and
5E-84-08 seconded by Edward Bourgeois. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
Motion made by Patrick Schilling to deny all of the variance requests, seconded by Edward
Bourgeois. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
Motion made by Patrick Schilling to deny the request for all of the waivers seconded by Edward
Bourgeois. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
Motion made by Patrick Schilling to deny the site plan SP-57-07 request, seconded by Edward
Bourgeois. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
4) Request by Scott Backman, Esquire, representing the property owner Bryan Road
Development LLC (DP Hotels, Inc.) for property located at 150 Bryan Road, Dania Beach
for the following:
LUF-64-08 — To allow the construction of a hotel on property with an industrial land use
designation.
VA-65-08-Variance request to allow:
1. To allow 1 loading space; (Chapter 28, Zoning Article 6.22 Off-Street Loading
requires 4 loading spaces.)
2. To allow 128 parking spaces; code (Chapter 28, Zoning Article 6.21 Off-Street
Parking requires 139 parking spaces.)
Planning and Zoning Board Meeting 8
Minutes January 21,2009
3. To allow the building height to be 6-stories; (Chapter 28, Zoning Article 18.60 IROM
Area Requirements, allows 5-stories.)
IROM Zoning District Waivers:
1. To allow a 10 foot west setback for the Hotel (Chapter 28, Zoning Article 18.60
IROM Area Requirements requires 57 feet.)
2. To allow a 10 foot south setback for the Office use (Chapter 28, Zoning Article 18.60
IROM Area Requirements requires 30 feet.)
3. To allow a 10.5 foot east setback for the Office use (Chapter 28, Zoning Article 18.60
IROM Area Requirements requires 20 feet.)
4. To allow a 12.75 foot west setback for the Office use (Chapter 28, Zoning Article
18.60 IROM Area Requirements requires 30 feet.)
SP-63-08 - Proposed construction of a 6-story, 101 room hotel and a 4,150 square foot office
building.
Corinne Lajoie, AICP, Principal Planner addressed the board describing the Comfort Suites /
office building site plan project along with the requested variances and waivers for the board
along with the proposed request for a 6 story 101 room hotel and 4,150 square foot office
building. Ms. Lajoie described the zoning and land use for the site as well as surrounding
conditions.
Ms. Lajoie concluded stating that staff has reviewed the site plan with four comments remaining
to be addressed prior to City Commission hearing. Staff is recommending approval of the site
plan, variance and waiver with the condition of providing an airport shuttle. Ms. Lajoie
indicated that at this time the applicant is not proposing to move forward with development
along the waterfront due to constraints associated with Fire Department access at the site.
Scott Backman addressed the board stating in response to the waterway issue raised by the board,
he indicated that he has spoke to CRA Director Jeremy Earle regarding a waterway component
and will look at a future proposal for waterway development. He concluded stating that the
shuttle will not be a problem for the applicant.
Chairman Fetscher opened this item to the public for comment. Hearing no one and seeing no
one,the public hearing was closed.
Motion made by Edward Bourgeois to approve the land use flex request LUF-64-08, variance
and waivers VA-65-08 and site plan SP-63-08, subject to staff s recommendation, seconded by
Patrick Schilling. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
Planning and Zoning Board Meeting 9
Minutes January 21,2009
5) TX-90-08: Zoning Code text amendment to the Chapter 28, Article 28, Sign Regulations,
Nonconforming Signs.
City Attorney Ansbro indicated that this amendment is simply a correction in the code.
Chairman Fetscher opened this item to the public for comment. Hearing no one and seeing no
one, the public hearing was closed.
Motion made by Patrick Schilling to approve the text amendment TX-90-08, seconded by
Edward Bourgeois. Motion passed on the following roll call:
Edward Bourgeois — yes Patrick Schilling - yes
Paul Fetscher — yes
MEETING ADJOURNED
Planning and Zoning Board Meeting 10
Minutes January 21,2009