PLANNING AND ZONING BOARD
CITY OF DEERFIELD BEACH, FLORIDA
June 5, 2008
MINUTES OF A MEETING
CALL TO ORDER AND
ROLL CALL
A regular meeting of the Planning
and Zoning Board of the City of Deerfield Beach, a municipal corporation of
Florida, was called to order on the above date at 7:00 p.m. in the City
Commission Chambers by Chairman, Dan Poitier. Roll Call showed:
Present: Dan Poitier, Chairman
Allen Davis, Vice
Chairman
Martha Mc Geary
Linda Mooney
Alphonso Nero
Dan Saraceno
Robert Brown,
Alternate
Barbara Moriarty,
Alternate
Patricia O’Neil,
Alternate
Also Present: Jerry Ferguson, Director of Planning and
Growth Management
Marcia Stevens,
Senior Planner
Charles Seaman,
Assistant City Attorney
Vernadette Fuller,
Minutes Secretary
Absent: Gerald Alter
Ginger Alvarez,
Alternate
Ray Lavoie,
Alternate
William Derian,
Alternate
School Board
Representative
SEATING OF ALTERNATES
Ms. O’Neil was seated to serve
at tonight’s meeting.
APPROVAL OF MINUTES OF PREVIOUS BOARD MEETING
Chairman Poitier requested either
approval or corrections to the minutes of the Planning and Zoning Board meeting
of May 1, 2008.
Motion was made by, Ms. Mooney,
and second by, Mr. Saraceno to approve the minutes of May 1, 2008 as submitted.
The motion CARRIED unanimously.
OLD BUSINESS
PUBLIC HEARING – APPLICATION 08-B2-107
Applicant: RAMCO-GERSHENSON, INC., by Bohler
Engineering
Proposal: Site plan to demolish 44,400 square feet
of an existing 136,822 square foot
Shopping center and construct a
62,127 square foot retail building, for a total
154,549 square foot shopping center.
Location: A portion of the N.W. ¼ of the NE ¼ of
Section 7, Township 48 South, Range 43
East, more particularly described in
the file, located at 1079 S. Federal Highway.
Mr. Ferguson advised that
Application 08-B2-107 has not received approval from the Community Appearance
Board and asked that the item is tabled to the July 10, 2008 meeting. ADD
DRC REPORT.
Motion was made by, Ms. Mooney,
and second by Vice Chairman Davis to table Application 08-B2-107 to the July
10, 2008 meeting. The motion CARRIED unanimously.
Chairman Poitier acknowledged
Commissioner’s Gonot and Popelsky’s presence at the meeting.
NEW BUSINESS
PUBLIC HEARING – APPLICATION 08-P-185
Applicant: JERRY BURKE, by Paul Davis
Proposal: To plat a 0.285-acre parcel to be known as
the TWICE BLESSED PLAT.
Location: Lots 8 and 9 of EAST COLLEGE PARK,
unrecorded, more particularly
Described in the file, located at 260
&280 N.W. 2nd Avenue.
Motion was made by, Ms. Mooney,
and second by Ms. Mc Geary to continue Application 08-P-185 to the July 10,
2008 meeting. The motion CARRIED unanimously.
PUBLIC HEARING – APPLICATION
08-R-160
Applicant: OUR LADY OF
MERCY CATHOLIC CHURCH
Proposal: To rezone a
5.25-acre parcel from RM-5c (Residential Multi-family), to CF
(Community
Facility).
Location: Parcel A, OUR
LADY OF MERCY PARISH CENTER PLAT, more particularly
Described
in the file, and located at 5201 N. Military Trail.
Mr. Ferguson summarized the
application and advised that 163 property owners were notified, 7 letters were
returned undeliverable. No letters of objection or approval were received. He
said that the entire property is zoned Residential Multi-family and it is a
vacant lot just south of the church. He noted that the church members are not
interested in developing residential properties and the Community Facility is
an appropriate zoning for the church and will allow them to expand the church
facilities, if they choose to do so. This is
a request to rezone a 5.25-acre parcel from RM-5c, Residential Multi-family, to
CF, Community Facility. The underlying land use for the parcel is Residential
Low, per the Deerfield Beach Future Land Use Plan. The Planning and Growth Management Department has
no objections to this request. CITY LANDSCAPER states that the proposed rezoning is approved as submitted. ENGINEERING
DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES states that the proposed rezoning is approved as submitted. SANITATION
DIVISION, PUBLIC WORKS & ENVIRONMENTAL SERVICES states that the proposed rezoning is approved as submitted. FIRE/RESCUE
states that the proposed rezoning is
approved as submitted.
Patrick Sullivan, 460 N.E. 103rd
Street, Miami Shores, representing the applicant, stated that he agrees with
all of the staff’s comments. He said that the church membership is steady and
they would not expand the property, but may reconfigure the facility. Lastly,
he said that their building is industrial looking and they would like to install
a cross on the façade.
Chairman Poitier invited the
public to speak for or against the application. No one came forward.
Motion was made by, Ms. Mooney,
and second by Vice Chairman Davis and Mr. Saraceno to close the public hearing.
The motion CARRIED unanimously.
Motion was made by, Ms. Mooney
and second by, Ms. Mc Geary to approve Application 08-R-160 with the
stipulation that the applicant must adhere to all of the staff’s comments. The
motion CARRIED unanimously.
PUBLIC HEARING – APPLICATION
08-R-158
Applicant: THE COVE
MARINA & RESTAURANT, by Ruden Mc Closky
Proposal: To rezone a
0.333-acre parcel from B-1 (Business Community) to RM-15
(Residence
Multi-family).
Location: A portion of
Parcel C, together with a portion of the Yacht Basin, together with a
Portion
of Lot 1, Block 9, THE COVE PLAT more particularly described in the
File,
located at 370 S.E. 17th Avenue.
PUBLIC HEARING – APPLICATION
98-B1-139 REVISION 6
Applicant: THE COVE
MARINA & RESTAURANT, by Ruden Mc Closky
Proposal: Site plan to
add a 14-unit multi-family building totaling 65,334 square feet
To the
existing Cove Marina &Restaurant site plan.
Location: A 2.7-acre
parcel described as all of Lots 1 and 2 and the North 3 feet of Lot 3,
Block 9,
together with Parcels A,B, and C and the Yacht Basin THE COVE PLAT, more
particularly described in the file, and located at 370 S.E. 17th
Avenue.
Mr. Ferguson advised that a
letter was received from the applicant requesting that Applications 08-R-158
and 98-B1-139 Revision 6 are tabled indefinitely. He said that the applicant
will notify City staff when they are ready to submit another application and it
will be re-advertised for a future agenda. Continuing, he stated that they
tried to notify as many residents as possible to let them know that the items
are being tabled indefinitely.
Motion was made by, Ms. Mc Geary,
and second by Mr. Saraceno to table Applications 08-R-158 and 08-B1-139
Revision 6 indefinitely. The motion CARRIED unanimously.
PUBLIC HEARING – APPLICATION
99-I-70 REVISION 1
Applicant: REAGAN
WIRELESS, by Crain Atlantic Engineers
Proposal: Site plan to
construct a 7,600 square foot warehouse addition to an existing
18,000
square foot warehouse building.
Location: A 1.38 acre
parcel described as a portion of Parcel A of the TARHEEL PLAT
More
particularly described in the file, and located at 3390 S.W. 15th
Street.
Ms. Stevens
summarized the application and advised that 8 property owners were notified, 1
letter was returned undeliverable. No letters of objection or approval were
received. This is a request to construct a
7,600 sq. ft. warehouse addition, to an existing 18,000 sq. ft. warehouse
building, for a total of 25,600 sq. ft. The drive aisles and the parking spaces
are not dimensioned. Provide dimensions to show code compliance. The demolition
plan shows the existing building to be 10,000 square feet, while the site plan
calculations show the existing building to be 18,000 square feet. Correct this
inconsistency. Provide the required radius on the curbing along the drive
aisles. Per Section 98-88(j)(5), the maximum spill at the property line is 1
foot candle. Bring the photometric out to the property to comply with the Code.
Per Section 98-88(j)(1), all parking spaces are required to have wheel stops or
extruded curbing. Provide the required wheel stops or curbing on all parking
spaces to meet Code. The Community Appearance Board approved this application
on May 14, 2008 with landscaping stipulations.
CITY LANDSCAPER
states the Landscape Plan meets all landscape Code requirements. The landscape
plan must be revised to incorporate the stipulates per the Community Appearance
Board approval. Tree removal permits are
required for all tree removals, to be obtained from the Building Department.
Landscape permits are required before any planting occurs. Permits are
obtained from the Building Department. Trees are to be planted at a depth so
that the root-flare and top of first order root(s) are fully visible, with 10%
of the height of the rootball above grade. Reflect this in planting detail.
An irrigation plan and specifications for the system must be included with
the landscape plans when submitting for permit. The irrigation system shall be
designed to have a minimum of 150% coverage. The system must include a rain
sensor. All trees adjacent to FP&L powerlines are required to comply with
the FP&L Right Tree Right Place guidelines. All swales are required to be
sodded with St. Augustine “Floratam” sod and irrigated by an automatic
sprinkler system with 150% coverage. Landscape ordinance specifications on
irrigation and installations supersede any notes on the plan. All proposed and
existing plant material on site must meet FL #1 standards as stated in Code.
All landscape plant materials, installation, maintenance and preservation shall
be in accordance with the City of Deerfield Beach Land Development Code,
Section 98-80 and 98-81. It is required that the landscape
contractor schedule an on-site pre-construction meeting with the City
Landscaper. The completed installation shall be certified by the firm providing
the design, per 98-80 (t). Provide 2 sets of Signed & Sealed as-built plans
to Planning and Growth Management Dept. ENGINEERING DIVISION, PUBLIC WORKS
& ENVIRONMENTAL SERVICES states the above referenced site plan is approved
by the Engineering Department with the following conditions: Dumpster location
is unacceptable, too close to entrance. Request a different location. Provide
percolation test to prove existing drainage field to remain is working properly.
Show existing and proposed water and sewer system. Provide preliminary grading
plan. Water calculations will be submitted to Engineering Department when
applying for Engineering Work Permit. Be advised that prior to construction,
the developer/contractor must apply for and receive an Engineering Permit prior to the issuance of a
building permit. Responsible developer/contractor must contact Engineering
Department at 954-480-4270 for issuance guidelines. SANITATION DIVISION, PUBLIC
WORKS & ENVIRONMENTAL SERVICES States
the above referenced site plan has been reviewed by the Solid Waste Operations
Division and was found to be unacceptable as it relates to the location of the
garbage/trash containers. Your dumpster enclosure needs to be a 10’ x 20’ at a
30 degree angle facing the middle of the existing parking lot. Construction of
the refuse container enclosure and slab must comply with the City of Deerfield
Beach’s Manual of Standard Engineering specifications, Drawing Number 19.03.
If you have any questions regarding this matter please feel free to contact
Mario Reboa, SW/Recycling Superintendent at 954-480-4382. FIRE/RESCUE
states the proposed site plan modification to construct a 7,600 square-foot
warehouse addition is not approved as submitted. The total storage 25,656
square-foot (warehouse) will be required to be sprinkled. Fire Department
Connection (FDC) must be 50 to 100 feet of a fire hydrant. Coordinate the
location of the FDC with this office. A complete Life Safety Plan must be
submitted at time of permit.
In response to Ms. Mooney, Ms.
Stevens responded that warehouse buildings circumference the Mancini Lake in
the rear of the property. She said that access to the property is on 15th
Street and the construction is on the S.E. portion of the property. She said
that the building is located in an industrial zoning and that the setback is
not an issue.
Ben Haig, Crane Atlantis
Engineering, 2749 N.E. 27th Street, Fort Lauderdale, presented
photos to show the location of the addition and the lake in the rear of the
property.
Ms. Mooney asked if anything will
be done to the lake and if there is landscaping along the lakeside.
Mr. Haig replied that the lake
will not be touched and that they will add to the existing landscaping on the
property.
George Petrocelli, Vice
President, Crane Atlantis Engineering, 2361 N.W. 30th Street, Boca
Raton, stated that they will adhere to all of the staff’s comments.
Chairman Poitier invited the
public to speak for or against the application. No one came forward.
Motion was made by, Mr. Saraceno,
and second by Ms. Mc Geary to close the public hearing. The motion CARRIED
unanimously.
Motion was made by, Ms. Mooney
and second by, Vice Chairman Davis to approve Application 99-I-70 Revision 1
with the stipulation that the applicant must adhere to all of the staff’s
comments. The motion CARRIED unanimously.
PUBLIC HEARING – PROPOSED LAND
DEVELOPMENT CODE AMENDMENT
Applicant: CITY OF
DEERFIELD BEACH
Proposal: Proposed
amendment to Section 98-55 of the City of Deerfield Beach Land
Development
Code adding sports performance training facility under permitted
Uses in
the B-3 zoning district.
Mr. Ferguson advised that
approximately 2 years ago, the use category “sports performance training
facility” was added to the Land Development Code as a permitted use in
Industrial zoning. This amendment will permit SPTF’s in B-3 zoning’s and the
staff finds that it is equally appropriate in this zoning and has no
objections.
Chairman Poitier asked if the
sports performance training facility is an existing permitted use in the B-3
zoning district.
Mr. Ferguson replied no, it is
only permitted in the industrial zoning.
Chairman Poitier asked for
clarification on the criteria for a sports performance training facility.
Mr. Ferguson replied that there
are no size requirements for the facility, but some operational ones. He said
that the Code states that a sports performance training facility provides
dedicated physical training to students exclusively through the use of professional
trainers and individual group sessions by appointment. A health and fitness
club shall not be included within the definition of the sports performance
training facility. The sports performance training facility may also provide
onsite tutoring in conjunction with a physical trainer. He said that Olympic
hopefuls would be trained at this facility or anyone interested in professional
sports. Lastly, he said that Michael Timpkin, former New England Patriot,
initially made a proposal for this facility.
Chairman Poitier invited the
public to speak for or against the application. No one came forward.
Motion was made by, Vice Chairman
Davis, and second by Mr. Saraceno to close the public hearing. The motion
CARRIED unanimously.
Motion was made by, Ms. Mc Geary
and second by, Ms. Mooney to approve the proposed Land Development Code
Amendment adding sports performance training facility under permitted uses in
the B-3 zoning district. The motion CARRIED unanimously.
PUBLIC HEARING – PROPOSED LAND
DEVELOPMENT CODE AMENDMENT
Applicant: CITY OF
DEERFIELD BEACH
Proposal: Proposed Land
Development Code Amendment creating a Cove Commercial
Center
Overlay Zoning District to reflect the Cove Commercial Center Master
Plan.
Mr. Ferguson advised that this briefing
does not require any action to be taken at this time. He said that a Charrette
was held last summer and staff is working on the next phase of the Cove Master
Plan. He explained that part of the next phase is to put the Land Development
regulations in place that are consistent with the Master Plan through an
overlay district. Continuing, he said that an overlay district adds additional
requirements to the existing zoning. He noted that the Cove Shopping Center is
currently in a B-1 zoning district and the master plan includes certain design
elements, architectural styles, color schemes, height limits, parking lot
improvements to increase the parking spaces slightly, pavers, an entry sign
feature, Key West architecture and materials that are not listed in the current
Code. He said that all of the businesses will follow the same theme, complement
each other and the improvements will be implemented as property owners decide
to make improvements. Lastly, he said that the consultant team is working on the
drafts along with staff and it will be on a future agenda. He noted that the
City Commission has already moved forward on the parking lot improvements and
they are waiting for a cost proposal from the consultant team to prepare the
construction drawings and estimates for the bid process.
Ms. Mc Geary stated that she
attended all of the workshops that were held pertaining to the Cove Shopping
Center Master Plan. She said that the meetings were well attended by the
residents and property and business owners. She stated that this area is the
gateway to the City of Deerfield Beach and it will be a great improvement along
with the upgraded streetscape that is currently in place.
Ms. O’Neil pointed out that none
of the lights are working in the Cove Shopping Center parking lot.
Mr. Ferguson stated that the
light poles are owned by FPL, however, the Public Works Department will be made
aware of the problem.
Mr. Brown, Planning and Zoning
Board member asked how the Cove Shopping Center Master Plan relates to the CRA
plan.
Mr. Ferguson replied that the
Cove Commercial Center overlay zoning district is in the CRA plan. He pointed
out that the planning, construction, parking lot improvements, etc. will be
handled by the CRA.
Chairman Poitier asked if the
business owners in the Cove Shopping Center would have to come before the
Planning and Zoning Board for approval once they decide to upgrade their
properties.
Mr. Ferguson replied only if the
upgrades require site plan modification. He noted that any minor modifications
would be handed through the Community Appearance Board and City staff.
Chairman Poitier invited the
public to speak for or against the application.
Charles Schaefer, 191 South Ocean
Drive, asked if business owners will be required to update their
establishments.
Mr. Ferguson replied no, however,
when the business owners decide to upgrade their establishments, they will have
to follow the guidelines in Cove Commercial Center Master Plan.
Mr. Schaefer said that there
could be a problem if only some of the business owners decide to upgrade their
businesses and others do not.
Mr. Ferguson stated that the City
Commission would have to make decision as to whether or not the requirements
are mandatory.
Mr. Schaefer said that a time
limit should be set for all business owners to upgrade their properties.
Martin Mete, 440 S.E. 17th
Avenue, stated that they purchased their property in 1978 and there have been a
lot of changes in the City of Deerfield Beach. He said that there has been an
influx of families with children in their neighborhood and he commended City
staff for the erection of a barrier that does not allow the vehicles from the
Cove Shopping Center access to the residential area. He said that the residents
would like the barrier to remain in place because it helps to protect the
safety of residents from the vehicular traffic.
Mr. Ferguson stated that the
barrier will remain in place.
Motion was made by, Vice Chairman
Davis, and second by Ms. Mooney to close the public hearing. The motion CARRIED
unanimously.
No action was taken on the
proposed Land Development Code Amendment pertaining to creating a Cove
Commercial Center Overlay Zoning District to reflect the Cove Commercial Center
Master Plan.
MEMBER’S REPORTS
There were not member’s reports.
STAFF’S REPORT
There was no staff report.
ADJOURNMENT
There being no further business,
motion was made by, Ms. Mc Geary, and seconded, Ms. Mooney, to adjourn. The
motion CARRIED unanimously. The meeting was adjourned at 8:03 p.m.
______________________________________
Dan Poitier, Chairman
Planning and Zoning Board