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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