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HomeMy WebLinkAbout2009-12-16 Planning and Zoning Board Minutes �p FAT MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday,December 16,2009 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 PETITION 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 PHONES 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 Derrick Hankerson Present Bob Daniels,Director Community Development George Jason Present Corinne Lajoie, City Principal Planner Timothy Pribisco Present Kristin Dion, Planner Angeline Flowers Present Christine Lottier, Board Clerk II. MINUTES Approval of November 18, 2009 Motion to approve the minutes from November 18, 2009 made by George Jason, seconded by Derrick Hankerson. Motion passed unanimously. III. PLANNING AND ZONING BOARD ITEMS (COMMISSION) 1) Request by Mark Engel, Architect representing the property owner Russel M. Lazega, President of Shaggy Dog Holdings for a variance and site plan approval for an office building located at 45 East Sheridan Street, Dania Beach. VA-50-09 — Variance request to allow for 6 onsite parking spaces. (Chapter 28 Zoning, Article 21.17 South Federal Highway Transit Oriented Corridor (TOC-2) District, requires a minimum of 41 on site parking spaces.) SP-39-09—Site plan request to allow the construction of an office building. Planning and Zoning Board Meeting 1 Minutes December 16,2009 I Kristin Dion, City Planner addressed the Board explaining that this item is a site plan request with a variance for Shaggy Dog Holdings LLC, located at 45 East Sheridan Street. The zoning for the site is Transit Oriented Commercial (TOC-2); the land use designation is currently commercial and the site is located in the Community Redevelopment Area (CRA). Ms. Dion explained that the subject site has an existing office building with 10 onsite parking spaces, and no landscaping. She continued by stating that the proposed site plan will renovate the existing building by providing 4 office tenant spaces and will expand the footprint and add a second story for law offices and a coffee shop. The landscape will be brought up to meet current code and in order to accommodate the landscape buffer requirements, the onsite parking will be reduced from 10 to 6 spaces. The site plan is proposing to provide 6 parallel on street parking spaces; however since they are located outside of the property boundaries they are not counted as onsite parking. The site plan also adds a dumpster enclosure which meets code and the architectural elevations that are proposed meet the TOC-2 design guidelines. At this time Ms. Dion explained that the variance request is to allow 6 onsite parking spaces while code requires a minimum of 41 onsite parking spaces. Ms. Dion stated that the property owner has a shared parking agreement with New Bethany Baptist Church located east of the site which provides an additional 33 off site parking spaces. She also pointed out that the site is located in the CRA and along the Broward County Transit bus route. Ms. Dion continued her presentation by stating that the site plan was reviewed by the Fire Marshal, Broward Sheriffs Office, Public Services, the City's landscape consultant, the CRA Director and the Planning Division. She listed the following items must be addressed by the applicant prior to scheduling this item for City Commission: • Fire hydrant flow tests must be completed(Fire Marshall) • Provide verification of Sanitary Waste service provider(Public Works/Planning) • Provide renderings of proposed signage (Planning) Ms. Dion concluded by stating that the CRA Director has reviewed the variance request and recommends approval and that staff recommends approval of the site plan as long as any outstanding comments are addressed prior to City Commission and the variance request is approved. At this time the Board directed questions and concerns to staff regarding the shared parking agreement and other parking options. Corinne Lajoie, Principal Planner addressed the Board explaining the necessity of the variance and acknowledged that it is possible that there could be disagreements with the church in the future, however the site is located along a transit route in the CRA and we are trying to encourage more compact development. She continued to say that all of the parking spaces required by code may not be necessary for the function of the office space since most of the employees work in shifts or from remote home office sites. She further explained that the code has restrictions for back out parking that would not allow parking on the north side of the site. Bob Daniels, Community Development Director addressed the Board further explaining the parking situation and the importance of the site plans location in the CRA. Planning and Zoning Board Meeting 2 Minutes December 16,2009 Lisa Duke, owner representative, 609 East Sheridan Street, addressed the Board with a background of the site and the parking situation. Mrs. Duke stated she has been working closely with New Bethany Church and they support the site plan. She pointed out that the church will be benefiting from enhancements to their monument sign. She continued by stating the owner of Shaggy Dog LLC is family oriented and looking forward to investing in our city. Mrs. Duke explained that the shared parking agreement for this project is identical to the shared parking that AMO has with the church across the street from their site. Mrs. Duke concluded by saying that this is an excellent project for our city. At this time the Board directed questions and concerns to the applicant whether the shared parking agreement would run with the land and would the agreement be upheld in case of transfer of ownership of the Church. Lisa Duke addressed the Board stating that the shared parking agreement does not run with the land and the agreement is not recorded in public records. If the church moves outside of the city it will be the obligation of the owner of Shaggy Dog LLC to find parking. Mrs. Duke concluded by saying that they have tried to find other options for parking and that she understands the Boards concerns. Chairperson Angeline Flowers opened the item for public comment. Hearing none and seeing none, the public hearing was closed. Motion was made by Timothy Pribisco to recommend approval of the variance request VA-50-09, second by George Jason. Motion passed on the following roll call: Lottye Crooms — No Timothy Pribisco — Yes Derrick Hankerson — No Angeline Flowers — Yes George Jason — Yes Motion was made by Timothy Pribisco to recommend approval of the site plan request SP-39-09, second by George Jason. Motion passed on the following roll call: Lottye Crooms — Yes Timothy Pribisco — Yes Derrick Hankerson — Yes Angeline Flowers — Yes George Jason — Yes e tion request b Pier Ballesteros with T-Mobile for special 2 SE 54 09 Special Exception p P P q Y exception use approval to install a new 100 foot telecommunication tower on the northeast side of property immediately south of 3251 SW 26th Terrace, Dania Beach. Subject property is owned by Marina Mile Business Park LLC. Corinne Lajoie, Principal Planner addressed the board explaining that this item is for T-Mobile and the site is located in the IROM zoning district with industrial land use. The applicant had previously requested an antenna on a property immediately south of I-595. The applicant changed the location so they had to come back for approval. The new location is west of SW 26 Terrace and is currently vacant, although a site plan is approved for the site. The proposed Planning and Zoning Board Meeting 3 Minutes December 16,2009 location will eliminate some parking spaces and required landscaping from the previously approved DJP site plan and may interfere with the proposed dumpster enclosure at the north east corner of the property. The property owner has submitted a letter indicating that he is aware that locating the antenna at this location will require a site plan modification. Mrs. Lajoie stated that special exception approval is necessary for the cell tower and that the tower will now appear as a flag pole. The applicant is proposing the mechanical equipment will be approximately 25 — 30' from SW 26`h Terrace. The tower and associated equipment will be enclosed with landscaping and an 8' tall wall matching the finish of the proposed building and will have an opaque access gate. The applicant has indicated that more than one user will be utilizing the structure. Mrs. Lajoie concluded by stating that this item was previously approved by the Board in October and that staff recommendation is approval. Tom Ansbro, City Attorney questioned staff about the use of the State of Florida flag and lighting requirements. Corinne Lajoie, Principal Planner addressed the Board stating that she did research and did not find lighting requirements for the use of the State of Florida flag and agrees that is probably why the applicant is using the State of Florida flag. Chairperson Angeline rp g ne Flowers opened the item for public comment. Hearing none and seeing none, the public hearing was closed. Motion was made by Derrick Hankerson to recommend approval of the special exception 5E-54-09, second by Lottye Crooms. Motion passed on the following roll call: Lottye Crooms — Yes Timothy Pribisco — Yes Derrick Hankerson — Yes Angeline Flowers — Yes George Jason — Yes 3) Director's Report Bob Daniels, Community Development Director addressed the Board with updates to three major issues; the Water Supply Plan, the Regional Activity Center Land Use Plan Amendment, and the adoption of the Westside Master Plan. Motion to adjourn made by Lottye Crooms, seconded by Derrick Hankerson. Motion passed unanimously. Planning and Zoning Board Meeting 4 Minutes December 16,2009