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HomeMy WebLinkAbout2009-10-21 Planning and Zoning Board Minutes MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, October 21,2009 7:00 PM .ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD 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 RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE.APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED-REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETMON OR ISSUE PURSUANT TO ORDINANCE NO.01.93.REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT,PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT LOUISE STILSON, CITY CLERK 100 W DANIA BEACH BLVD,DANIA BEACH.FL 33004,(954)924-3622,.AT LEAST 48 HOURS PRIOR TO THE MEETING IN CONSIDERATION OF OTHERS,WE ASK THAT YOU. A.PLEASE TURN CELL PHONIES OFF,OR PLACE ON VIBRATE.IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B.IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE.PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM.IN ORDER NOT TO INTERRUPT THE MEETING. I. ROLL CALL Lottye Crooms Present Thomas Ansbro, City Attorney Angeline Flowers Present Robert Daniels, Director, Community Development Derrick Hankerson Excused Corinne Lajoie, Principal Planner George Jason Present Kristin Dion, City Planner Timothy Pribisco Present Lou Ann Patellaro, Board Clerk Motion to excuse Derrick Hankerson made by Timothy Pribisco seconded by Lottye Crooms. Motion passed unanimously. II. MINUTES Approval of June 17, 2009 Approval of July 15, 2009 Approval of September 14, 2009 Motion made to approve the minutes from June 17, 2009, July 15, 2009 and September 14, 2009 made by Timothy Pribisco, seconded by Lottye Crooms. Motion passed unanimously. This item was address as first on the agenda at 7.03 p.m. 4) Planning and Zoning Board Item Requiring Commission Approval: Request by FinFrock DMC, Inc. on behalf of South Florida Regional Transportation Authority for a landscape variance and site plan approval for the construction of a parking garage located at 500 Gulfstream Way, Dania Beach. The variance request is as follows: VA-48-09 —Variance request to allow 126 shrubs to be planted within the perimeter buffer and 294 to be planted in non vehicular open space area. (Chapter 26 Vegetation Article VI Planning and Zoning Board Meeting 1 MINUTES October 21,2009 Landscaping, Section 26-51 requires a total of 420 shrubs to be planted in the perimeter buffer.) SP-06-09 — Site plan request to allow the construction of a three level parking garage, providing 410 total spaces. Kristin Dion, City Planner addressed the board describing the proposed variance to the board. Ms. Dion described the property as having a Commercial C-3 Zoning and Broward County Open Space and Public Recreation District S-2. She indicated that the Code requires a 5 foot perimeter landscape buffer, consisting of one tree every 40 linear feet with a continuous row of hedges. For this site, the total number of shrubs required in this buffer is 420. Ms. Dion indicated that the applicant proposes to plant 126 of these shrubs within the perimeter buffer, and to plant the remaining 294 required shrubs to the non vehicular open space area provided on the southwestern side of the proposed garage. She stated that the applicant indicates the perimeter landscape area is too close to the proposed large scale landscaping along the western fagade of the building and therefore is requesting to move the shrubbery. Jorge Arburietta, Finfrock, 2400 Apopka Blvd., Apopka FL provided drawings and landscape plan illustrating the variance request as well as an updated elevation description for the proposed site plan. Chairperson Angeline Flowers opened the item for public comment. Hearing no one and seeing no one,the public hearing was closed. Attorney Ansbro stated for the applicant that the City Commission indicated in a previous request for a parking garage approval,that the architecture would need to be revised. Robert Daniels, Director, Community Development, concurred with Attorney. Ansbro's comment and suggested that the applicant work with staff regarding the architecture. Motion was made by George Jason to recommend approval of the variance VA-48-09, stating that it is nice to see the Dania Beach name represented at the Tri-Rail Station, seconded by Lottye Crooms. Motion passed on the following roll call: Lottye Crooms — Yes George Jason — Yes Timothy Pribisco — Yes Angeline Flowers — Yes Motion was made by Lottye Crooms to recommend approval of Site Plan SP-06-09 with the stipulation that the applicant work with staff to revised the building elevations, seconded by George Jason. Motion passed on the following roll call: Lottye Crooms — Yes George Jason — Yes Timothy Pribisco — Yes Angeline Flowers — Yes This item was address as second on the agenda at 7.10 p.m. Planning and Zoning Board Meeting 2 MINUTES October 21,2009 1) Planning and Zoning Board Item Final Approval: VA-45-09 — Variance request by property owner Kevin Singer for property located at 3901 SW 54th Court, Dania Beach, Florida. The variance request is to allow a 500 gallon underground liquid propane tank. (City of Dania Beach Zoning Code Chapter 8, Building Article XII. "Emergency Generators, Section 8-175 "Emergency Generators" (4), permits a maximum capacity of 250 gallons for propane tanks in residential districts.) RESOLUTION NO. 2009-PZ-005 - A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING AND ZONING BOARD, APPROVING THE VARIANCE REQUEST SUBMITTED BY KEVIN SINGER FROM THE DANIA BEACH CODE OF ORDINANCES, CHAPTER 8 `BUILDING", ARTICLE XII, "EMERGENCY GENERATORS", FOR PROPERTY LOCATED AT 3901 SW 54TH COURT, DANIA BEACH; PROVIDING FOR CONFLICTS,- FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Kristin Dion, City Planner addressed the board and described the variance request to the board. Ms. Dion indicated that the property has a Broward County zoning designation of Single Family RS-3 and a Future Land Use designation of Low (3) Residential. She described the application as a request to allow a 500 gallon underground liquid propane tank, city code permits a maximum capacity of 250 gallons for propane tanks in residential districts. She stated that the applicant previously applied for a building permit to install an emergency generator and underground liquid propane tank and that the permit application meets all other code requirements with the exception of the size of the liquid propane tank. Ms. Dion stated that the applicant indicates that a 250 gallon tank would allow the generator to run for approximately 2 days and feels this is not adequate for emergency situations. She stated that the Dania Beach Fire Marshall met with the applicant and stated that the 500 gallon tank does not violate fire code and has no objection to the variance. Staff recommends approval. Max Moussaly Architect for the applicant addressed the board stating that this is a gated community, and that the President of the Home Owners Association and neighbors were contacted and approved the request. Timothy Pribisco stated for the record that he is the property owner to the east of this site. Chairperson Angeline Flowers opened the item for public comment. Hearing no one and seeing no one,the public hearing was closed. Motion was made by George Jason to recommend approval of variance VA-45-09, seconded by Timothy Pribisco. Motion passed on the following roll call: Lottye Crooms — Yes George Jason — Yes Timothy Pribisco — Yes Angeline Flowers — No Planning and Zoning Board Meeting 3 MINUTES October 21,2009 This item was address as third on the agenda at 7.17p.m. 3) Planning and Zoning Board Item Requiring Commission Approval: SE-43-09 — Special Exception request by Pier Ballesteros with T-Mobile, for special exception use approval to install a new 100 foot telecommunication tower on the north side of property (immediately south of I-595) located directly south of 3201 SW 26th Terrace and north of 3251 SW 26 Terrace, Dania Beach. Subject property is owned by Marina Mile Business Park LLC. Corinne Lajoie, AICP, Principal Planner addressed the board describing the request to place a 100 foot T-Mobile cell tower at a site along I-595 and SW 26th Terrace. Ms. Lajoie described the special exception request indicating that the property is zoned IROM and a future land use designation of Industrial. She stated that the tower & associated equipment will be enclosed with landscaping, a seven foot tall chain link fence and three strands of barbed wire. She further stated that the applicant indicated more than one user will be utilizing the structure, and is therefore requesting the 100' height. Ms. Lajoie concluded stating that staff is recommending approval of the request. Pier Ballesteros addressed the board responding to the boards' questions and concurring with the recommendations made by staff. City Attorney stated that the City Commission is in favor of stealth type tower designs, and that the applicant may wish to consider a stealth application. Mr. Ballesteros indicated that switching to a stealth tower, may reduce the amount of co-location antennas on the pole. Chairperson Angeline Flowers opened the item for public comment. Hearing no one and seeing no one,the public hearing was closed. Motion was made by Lottye Crooms to recommend approval of special exception request SE-43-09, seconded by George Jason. Motion passed on the following roll call: Lott ye Crooms — Yes George Jason — Yes y g Timothy Pribisco — Yes Angeline Flowers — Yes This item was address as fourth on the agenda at 7.23 p.m. 2) Planning and Zoning Board Item Final Approval: VA-47-09—Variance request by property owner Mary Osceola for property located at 4408 SW 59th Court, Dania Beach, Florida. The variance request is to allow a carport to be located 1.7 feet from the side property line. (Broward County Zoning Code Chapter 39, Article XVI. "Residential Zoning Districts", Section 39-286. "Side Yards", requires a minimum of 7.5 feet.) RESOLUTION NO. 2009-PZ-006 - A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA PLANNING AND ZONING BOARD,APPROVING THE VARIANCE REQUEST SUBMITTED BY MARY OSCEOLA FROM THE BROWARD COUNTY ZONING CODE, CHAPTER 39 "ZONING", ARTICLE XVI, "RESIDENTIAL ZONING DISTRICTS', FOR PROPERTY LOCATED AT 4408 SW 59TH COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Planning and Zoning Board Meeting 4 MINUTES October 21,2009 Kristin Dion, City Planner addressed the board and described the variance request to the board. Ms. Dion indicated that the property has a Broward County zoning designation of Single Family RS-5 and a Future Land Use designation of Low (10) Residential. She explained that the applicant previously applied for a building permit that was rejected due to location. Ms. Dion indicated that the proposed carport would be located on the existing driveway and that due to the orientation of the existing home, there is no other feasible location for the carport. She explained that the adjacent property is currently vacant and is not located within the City of Dania Beach. Ms. Dion concluded her presentation, stating that due to the hardship criteria not being met, staff is recommending denial of this variance application. The board questioned the location of the fence in relation to the carport. Ms. Dion referred to the applicant to answer this question. Ron Pace contractor for the owner of the property addressed the board describing the request indicating that the property to the east is owned by the same property owner (the Seminole Tribe) and they have no objection to the carport setbacks. Mr. Pace responded to the boards question regarding the two properties. Mr. Pace indicated that Ms. Osceola is an Elder (Senior Member) of the Tribe and that it is the desire of the Seminole Tribe to accommodate Ms. Osceola. The board discussed bringing the item back to the board and having a Tribal representative or a real estate representative address the unity of title or deeding issue for the property. City Attorney Ansbro questioned if the Tribe would deed to Ms. Osceola the 5 plus feet necessary to meet the zoning requirements or perhaps modify the legal description of the property to meet the zoning requirements.. Chairperson Angeline Flowers opened the item for public comment. Hearing no one and seeing no one,the public hearing was closed. Mr. Robert Daniels, asked Mr. Pace to please have a Tribal Representative contact him and that staff will work with the Seminole Tribe to come to an amicable solution to the issue. Motion was made by Lottye Crooms to table item variance VA-47-09 to address an alternative to make the property lines meet the setback, seconded by Timothy Pribisco. Motion passed on the following roll call: Lottye Crooms — Yes George Jason — Yes Timothy Pribisco — Yes Angeline Flowers — Yes The agenda concluded in order from this point on. Planning and Zoning Board Meeting 5 MINUTES October 21,2009 5) Development Review Procedures overview—Corinne Lajoie,Principal Planner Corrine Lajoie described the current and proposed development procedures for the board. Ms. Lajoie concluded stating that a revision to the process will reduce the time it takes for an applicant to go through the approval process. The proposed development procedures will be amended with the approval of the One Code zoning change. 6) Directors Report—Robert Daniels,Director Robert Daniels, Director Community Development addressed the board to bring them up to date on current planning initiatives and proposed transit alternatives. Mr. Daniels closed, indicating that a presentation of the Westside plan will be heard by the board at the November 18th,Planning and Zoning Board Meeting. Motion made by Lottye Crooms seconded by George Jason to adjorn. Motion passed unanimously. End of Agenda Planning and Zoning Board Meeting 6 MINUTES October 21,2009