HomeMy WebLinkAbout2024-06-04 Planning and Zoning/Local Planning Agency Agenda Packet CITY OF DANIA BEACH
PLANNING & ZONING BOARD/ LOCAL PLANNING AGENCY – AGENDA
CITY COMMISSION CHAMBERS/ CITY HALL 100 W DANIA BEACH BLVD
THURSDAY, JUNE 20, 2024 – 7:00 P.M.
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I. ROLL CALL
II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from the April 17, 2024, regular meeting. III. PUBLIC HEARINGS 1. VA-016-24/VA-017-24: The property owners, Robert, and Sandra DeVlieger, are requesting variances for the redevelopment of a new two (2) story, single-family home with a roof deck for the property located at 313 NE 2nd Avenue. (Continued from April 17th meeting)
2. TX-007-24: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, Land Development Code (LDC) modifying the container regulations. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the board:
• TX-028-23 Sign Code- 2nd Reading on 05/14
• TX-097-24 Artificial Turf- 1st Reading on 05/14 and 2nd Reading on 06/11
2. Upcoming meeting dates: July 17, 2024 V. MEETING ADJOURNED
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 IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, 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.
CITY OF DANIA BEACH
PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY - MINUTES CITY COMMISSION CHAMBERS/CITY HALL 100 W. DANIA BEACH BLVD. WEDNESDAY, APRIL 17, 2024 – 7:00 P.M.
I. ROLL CALL The meeting was called to order at approximately 7:00PM by Chair Robertson. Board Clerk Ibel Larios called the roll. Discussions/actions notated below were not limited to what was typed. Chair W. Quin Robertson, PhD, GISP Present Eve Boutsis, City Attorney (via phone) Vice Chair Luis G. Rimoli Present Corinne Lajoie, AICP, Deputy Dir Comm Dev
Deborah Bell Present Claudia Viviana Batista, Senior PZ Manager Derrick Hankerson Present Ibel Larios, Board Clerk Morris Stowers Present
II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the March 20, 2024 regular meeting. Motion was made by Board Member Stowers to approve the minutes of the meeting of the Planning and
Zoning Board/Local Planning Agency for March 20, 2024 as presented and was seconded by Board Member Hankerson. Motion passed 5-0. III. PUBLIC HEARINGS 1. VA-016-24/VA-017-24: The property owners, Robert and Sandra DeVlieger, are requesting variances for the redevelopment of a new two (2) story, single-family home with a roof deck for the property located at 313 NE 2nd Avenue. (Continued)
Deputy Director Community Development Corinne Lajoie explained that Staff was requesting this item to
be continued to the June 16, 2024 meeting. The Chair called for public comments but there were none. Motion was made by Chair Robertson to continue this agenda item (VA-016-24/VA-017-24) to the date
certain meeting of June 16, 2024 and was seconded by Vice Chair Rimoli. Motion passed 5-0.
Planning and Zoning Board/Local Planning Agency Minutes 2 April 17, 2024
2. TX-097-23: The applicant, the City of Dania Beach, is requesting a text amendment to
the City’s Code of Ordinances, Land Development Code (LDC) establishing artificial turf regulations. Senior PZ Manager Batista presented a PowerPoint presentation that started with explaining TX-002-24 (Artificial Turf Regulations). This was a request to establish artificial turf regulations in the City’s Land Development Code (LDC). She then explained the background for this request and that the Artificial Turf Amendment was basically in Section 275-190. It did not have language or regulations on the use of artificial turf in relation to pervious surface requirements. A building permit would be required to install artificial
turf which replicated a common species of grass used in South Florida (e.g., St. Augustine, Bahia, or Bermuda). The City would regulate how and where it could be used and the specifics of the material as well as maintenance and replacement details. This text amendment required a Planning & Zoning Board
recommendation to the City Commission and two readings by the City Commission. Staff was recommending the Planning & Zoning Board recommend approval of the ordinance to the City Commission. She called for Board questions.
Chair Robertson wanted to know if in the approval process, would the amount of artificial turf in the City be controlled. His concern was mainly about front lawns having too much artificial as opposed to natural
landscape of which he was not a fan. The Senior PZ Manager answered that it would be controlled during the permitting process verifying how much land was being covered. Vice Chair Rimoli thought artificial turf was a good thing in moderation. He asked if there would be regulations for how artificial turf was being maintained. He further asked if this would be done for real grass as he felt there were pretty shabby yards out there with real grass. How could people be held accountable for artificial turf and not held accountable for real grass? The Senior PZ Manager explained that Code Enforcement did a really good job at trying to ensure lawns were maintained per code. If there
were any properties with artificial turf installed before there were regulations, they would have to bring their artificial turf up to code. He mentioned that mulch caused problems like going into drains when it rained heavily. He would like to see code regulations regarding mulch because it was a problem and she
explained that mulch was written about in the code. Board Member Hankerson spoke about the recent text amendment that no longer required St. Augustine or
Bahia grass in swales. He said artificial turf was used in conjunction with lava rock in the western US. As you were driving by, it looked like it was used for accent but he felt not to replace an entire lawn.
Board Member Stowers liked both grass and artificial turf. Artificial turf just needed to look good and it would be that way for a while. Grass that was not taken care of looked horrible. The Senior PZ Manager said that as long as artificial turf was well maintained, the life span was between ten to twenty years.
Board Member Bell said she was listening to both sides as each board member spoke but environmentally, it was a concern for her (especially the plastic) but she understood the aesthetics. She felt that not all the time was aesthetics great for the environment and the neighborhood. As there were no other board questions/comments, the Chair called for public comments. Mike Sartin said that you had to consider the density of mulch and that it did not float in water. To solve the problem, maybe consider mulch that was denser than water and would not float. There were no further board or public comments, a motion was made. Motion was made by Vice Chair Rimoli to move this item to the City Commission and was seconded by
Board Member Stowers. Motion passed 5-0. IV. BOARD ITEMS
Planning and Zoning Board/Local Planning Agency Minutes 3 April 17, 2024
Deputy Director Lajoie spoke on the current status of the five items listed below and also about
the next meeting date. 1. City Commission actions on items previously heard by the board: • TX-096-23 Electric Car Charging Stations- 1st Reading 03/26 & 2nd Reading 04/09 • TX-002-24 Green Building Designs Text Amendment- 2nd Reading 04/09
• TX-083-23 Live local text Amend- 2nd Reading 04/09 • TX-028-23 Sign Code Text Amendment- 1st Reading on 04/09 • OT-001-24 Alcohol Distance Waiver- Presented on 04/09
2. Upcoming meeting dates: May 15, 2024
Board Member Hankerson spoke, without objection, about an outstanding issue regarding the P&Z Meeting
start time. Deputy Director Community Development Corinne Lajoie answered that a meeting start time change could not be arranged. V. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 8:16PM.
ATTEST:
_______________________________ ___________________________________ IBEL LARIOS CO-CHAIR LUIS G. RIMOLI
BOARD CLERK PLANNING AND ZONING BOARD/LPA
(Date) (Date)
For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a file of the meeting by calling Ibel Larios at (954) 924-6805 X3792 or emailing
ilarios@daniabeachfl.gov.
ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, “LAND DEVELOPMENT REGULATIONS” AT PART 1. ENTITLED “USE REGULATIONS”, ARTICLE 105 ENTITLED “USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS”; AT SECTION 105-90, ENTITLED “OUTDOOR
STORAGE CONTAINERS”, PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the Land Development
Code in order to provide for clarified standards as to when a shipping container can be used as a
building or habitable structure, and to include those standards in the City’s Code; and
WHEREAS, the City desires to modify Chapter 28 of the Land Development Regulations
to amend Section 105-90, entitled “Outdoor storage containers”.
;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding “WHEREAS” clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2 That Chapter 28 of the City’s Code of Ordinances entitled “Land
Development Regulations”, to amend Article 105, entitled “Use and regulations for residential and
open space zoning districts”, to read as follows:
CHAPTER 28 LAND DEVELOPMENT REGULATIONS PART 1. USE REGULATIONS ARTICLE 105 – USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS * * *
Sec. 105-90. Outdoor storage containers.
(A) Purpose and intent. It is the purpose and intent of this section to restrict the use of outdoor
storage containers in order to promote and protect the appearance of the city and the public
health, safety and welfare.
(B) Definitions. For the purpose of this section, the following terms are defined:
(1) Containers, traditionally made from steel and having close-top, hinged doors may be used as modular building elements forming the structure of a building.
(2) Storage container means any steel cargo container, or any similar container designed
and intended for transporting materials on ships, trains, or trucks from one (1) location to another.
(3) Temporary portable container means any container or receptacle, other than a storage container as defined above, designed for and used outdoors for the temporary portable
storage of personal property. Temporary portable containers are ordinarily rented or
leased to owners or occupants of real property and are placed and removed by means of a truck or other motor vehicle. Temporary portable containers do not have wheels or any other device or mechanism that raises any part of it above the surface upon which it is located.
(C) Permitted storage containers. A storage container is permitted only as follows:
(1) Storage containers are permitted within zoning districts that specifically permit outdoor storage, in which cases subsections (E) through (G) shall not apply.
(2) Municipal or other governmental agencies may place a storage container upon a public property within any zoning district, in which cases subsections (E) through (G) shall not
apply.
(3) Not-for-profit charitable organizations, as well as authorized vendors, affiliates, or agencies of such organizations may place a storage container upon a lot as an accessory structure and use to a principal building and use, within a commercial or industrial zoning district, subject to subsections (E) through (G), including the requirement of
subsection (F)(3) that a storage container to be located in the community redevelopment
area shall require approval as a special exception use in accordance with article 630.
(D) Permitted temporary portable containers.
(1) A temporary portable container is permitted only as follows:
(a) A temporary portable container is permitted upon a lot occupied by a single-family
or two-family dwelling. The container shall only be located on a front yard
driveway.
(b) A temporary portable container is permitted upon a lot occupied by a multiple-family dwelling or townhome. The container must be placed entirely within a single paved and striped parking space.
(c) Temporary portable containers are permitted on any lot where outdoor storage is
specifically permitted by the applicable zoning district, in which cases subsection (E) shall not apply.
(2) Temporary portable container permits.
(a) A permit is required prior to placement of a temporary portable container upon any
property. Permit application requirements shall be established administratively. The
city commission may establish and update temporary portable container permit fees by resolution from time to time. The temporary portable container permit fee shall be waived for applications submitted during the sixty-day period following a named hurricane event which significantly impacts the city, as determined by the city
manager. The container shall not be placed upon the property until the application
is approved.
(b) A copy of the permit shall be conspicuously displayed on the container, within a clear weatherproof pouch.
(c) A permit to place a temporary portable container on a lot shall be issued not more
than one (1) time per calendar year, and shall not be valid for more than thirty (30)
consecutive days.
(d) The city commission may consider a waiver to these requirements upon demonstration of a hardship that is not self-created and which the commission determines will not be detrimental to the adjacent community. An application for
waiver must be authorized by the property owner, and shall be accompanied by a
nonrefundable waiver application fee to be established by resolution of the city commission from time to time.
(e) Despite the time limitations provided in this section, all temporary portable containers must be removed immediately from all lots where placed upon the
issuance of a hurricane warning by the National Hurricane Center of the National
Oceanic and Atmospheric Administration National Weather Service. The obligation to cause removal of the container rests with the owner of the site who shall sign a notarized statement to that effect, which must be submitted as part of all applications for temporary portable containers.
(E) Maximum size and number of storage containers and temporary portable containers.
(1) No temporary portable container shall exceed one hundred sixty (160) square feet and ten (10) feet in height.
(2) No more than one (1) temporary portable container may be placed upon a lot, except as provided in [subsection] (6), below.
(3) No storage container shall be allowed in the community redevelopment area unless
approved as a special exception use in accordance with article 630. Additional conditions may be established by the city commission when granting a special exception under this subsection, based on site considerations and potentially resulting impacts upon the surrounding area or zoning district where the subject property is located, in accordance
with section 630-50(B).
(4) The director of community development may authorize two (2) or more temporary portable containers on industrial zoned lots, and may authorize two (2) or more storage containers that may exceed the size limitation in [subsection] (4) above, upon making all of the following determinations:
(a) That the lot affords sufficient space for placement of the container;
(b) That adequate parking and building access remain available on the site; and
(c) That the adjacent property owner(s) do not have an objection to additional storage
containers, as evidenced by written letter of no objection to the city.
(F) Storage and temporary container restrictions. This subsection applies to both storage containers and temporary portable containers unless otherwise provided.
(1) All storage containers shall provide the same setbacks as a principal building. Temporary
portable containers shall be set back a minimum of five (5) feet from all street lines and
property lines. Both storage containers and temporary portable containers shall not obstruct access to any building.
(2) Display of signage on any container is prohibited, other than the name, address and telephone number of the container owner, permanently affixed to the container.
(3) Containers shall be kept in good condition, well-painted, free from rust, discoloration,
graffiti, holes and cracks.
(4) If the container is capable of self-locking upon being closed, it must provide an emergency release device inside the entrance, visible in the dark, useable by a small child, in case anyone were to be accidentally locked inside.
(5) The container shall not be used to store goods that are, or appear to be, destined for
wholesale or retail purposes.
(6) No hazardous substance of any type whatsoever shall be stored within any container.
(7) Only personal property owned by the site owner or occupant shall be stored in a temporary portable container.
(8) No owner or occupant of a site shall be issued a permit if any outstanding city liens are
unpaid or code enforcement proceedings are pending pertaining to the site, the owner or the occupant.
(9) A representative of the city shall be afforded immediate access upon request to determine if the contents of the container comply with the restrictions of this section.
(10) Storage containers shall be anchored pursuant to Section 161.21, "General Design
Requirements" of the Building Code.
(11) Storage containers shall be completely screened on all sides by one (1) or more of the following, as approved by the director:
(a) Walls or opaque fences with a minimum height of six (6) feet;
(b) Hedges with a minimum height of five (5) feet; or
(c) Any combination of walls, opaque fences, or hedges.
(G) Containers. A container may be utilized and may be used as modular building elements forming the structure of a building for any permitted use provided the following applicable criteria:
(1) Applicant must apply for and obtain special exception approval, as is required under the criteria contained in article 630 of this Land Development Code.
Applicant must apply for and obtain site plan approval, as is required under the criteria
contained in article 635 of this Land Development Code (LDC). Single-family dwellings will be reviewed through the building permit process since these are exempt from the site plan process per LDC Section 635-30.
1. Dwelling Unit
a. Containers may be used as dwelling units on properties located in residential
zoning districts.
b. The use of containers as dwelling units shall be contingent upon architectural modifications being made to the exterior of the structures. Such modifications shall include the use of residential windows and doors, porches, and finishing materials
such as stucco, fiber cement siding, or other materials appropriate for residential
use.
c. For properties zoned for multi-family uses, site plan approval must be obtained, as is required under the criteria contained in Article 635 of this Land Development Code.
d. All other development standards shall be in accordance with the underlying
zoning district in which the property is located.
e. Containers used for accessory structures purposes in residential districts must follow the regulations from LDC Sections 215-90 and 220-70.
2. Non-Residential Main Buildings Uses:
a. Properties located within the noise contour from the airport must provide sound
mitigation to the surrounding properties.
b. Design and Performance Standards. All applicable design regulations per the zoning district the site is located must be incorporated, in addition to the following:
1. All shipping containers used as principal structures shall be treated, painted,
and maintained in good condition at all times with no visible structural
damage, corrosion, or graffiti.
2. Containers used for commercial uses shall be modified and enhanced through the use of architectural features such as commercial doors and windows, awnings, outdoor lighting, seating, and landscaping planters. The
Community Development Director or designee will decide if the proposed
modifications meet the design criteria standards established per district.
3. Signage shall be limited to building-mounted signs with a maximum sign area not to exceed five (5) square feet total as per the incidental sign regulations.
3. Non-Residential Accessory Uses:
a. Containers used as an accessory building for commercial use shall be located in accordance with the setbacks applicable to the principal structure on the lot or parcel
on which they are located.
b. Containers used as accessory structures shall not be located within any required off-street parking spaces, vehicle driveways or drive aisles, fire lanes, or pedestrian facilities.
c. All shipping containers used as accessory structures shall be treated, painted, and
maintained in good condition at all times with no visible structural damage,
corrosion, or graffiti.
* * * Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 5. It is the intention of the Mayor and City Commission of the City of Dania
Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a
part of the Code of the City of Dania Beach, Florida. The sections of this ordinance may be
renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or other appropriate word.
Section 6. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on , 2024.
PASSED AND ADOPTED on second reading on ___________________ 2024.
First Reading:
Motion by: _____________________________________
Second by: _____________________________________
Second Reading:
Motion by: _____________________________________
Second by: _____________________________________
FINAL VOTE ON ADOPTION: Unanimous ____
Yes No
Commissioner Joyce L. Davis ____ ____
Commissioner Tamara James ____ ____
Commissioner Marco Salvino ____ ____
Vice Mayor Lori Lewellen ____ ____
Mayor Archibald J. Ryan IV ____ ____
ATTEST:
________________________ __________________________
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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