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Home My WebLink About2016-08-17 Planning and Zoning sitting as the Local Planning Agency Revised Agenda Planning and Zoning Board sitting as Local Planning Agency AGENDA August 17, 2016 AGENDA CITY OF DANIA BEACH PLANNING AND ZONING BOARD sitting as LOCAL PLANNING AGENCY REGULAR MEETING Commission Chambers Wednesday, August 17, 2016 7:00 PM I. ROLL CALL II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning Board sitting as the Local Planning Agency from the July 20, 2016 meeting. III. PUBLIC HEARINGS 1. LU-121-15: The applicant, Greenspoon Marder, P.A. Dennis D. Mele, Esq., on behalf of the property owner, Stirling Alya LLC., is requesting a Future Land Use Map amendment for the property located at 2851 Stirling Road. 2. RZ-70-16: The applicant, Stephanie J. Toothaker, on behalf of the property owner, Arthur B. Choate, is requesting to rezone a property located at 3100 State Road 84. 3. TX-75-16: The applicant, City of Dania Beach, is requesting several zoning text amendments to the City’s Unified Land Development Code, known as OneCode. IV. BOARD ITEMS NONE 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 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. Planning and Zoning Board Sitting as the Local Planning Agency 1 Minutes July 20, 2016 MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD Sitting as LOCAL PLANNING AGENCY Commission Chambers Wednesday, July 20, 2016 7:00 PM I. ROLL CALL Bill Harris Present Luis Rimoli Present Derrick Hankerson Absent Kathryn Mehaffey, Legal Representative Present Randy Wright Absent Corinne Lajoie, Planning and Zoning Manager Present Kenya Peterman Present Anne-Christine Carrie, Planning Associate Present Timothy Pribisco Absent Macee Wray, Board Clerk Present The absence of Timothy Pribisco, Derrick Hankerson, and Randy Wright was excused unanimously. II. APPROVAL OF MINUTES 1. Motion was made by Luis Rimoli to approve the March 16, 2016 minutes of the Planning & Zoning Board sitting as the Local Planning Agency, and was seconded by Kenya Peterman. Motion passed 3-0. Bill Harris Yes Kenya Peterman Yes Luis Rimoli Yes 2. Motion was made by Luis Rimoli to approve the March 31, 2016 minutes of the Planning & Zoning Board sitting as the Local Planning Agency, and was seconded by Kenya Peterman. Motion passed 3-0. Bill Harris Yes Kenya Peterman Yes Luis Rimoli Yes III. PUBLIC HEARINGS 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. Planning and Zoning Board Sitting as the Local Planning Agency 2 Minutes July 20, 2016 1. RZ-60-16: The applicant and owner, David Optekar, is requesting to rezone a property located at 850 W. Dania Beach Boulevard. Corinne Lajoie, Planning and Zoning Manager, presented. Board members discussed the item and requested clarification. Motion was made by Bill Harris to approve item #1 and was seconded by Kenya Peterman. Motion passed 3-0. Bill Harris Yes Kenya Peterman Yes Luis Rimoli Yes 2. RZ-71-16: The applicant, Dania Beach Marine Corp., is requesting a rezoning from industrial Research Office Marine (IROM) to General Business District (C-3) for the property located at 90 N. Bryan Road. Corinne Lajoie, Planning and Zoning Manager, presented. The applicant, Mike Lally, presented to the Board Members. Board members discussed the item and requested clarification. Motion was made by Luis Rimoli to reconsider this item. Motion failed due to lack of second. Motion was made by Bill Harris to approve item #1 and was seconded by Luis Rimoli. Motion passed 3-0. Bill Harris Yes Kenya Peterman Yes Luis Rimoli Yes 3. TX-74-1: The applicant, City of Dania Beach, is requesting to change the applicability of incentives identified in the City’s Unified Land Development Code, known as OneCode (FIRST READING). Corinne Lajoie, Planning and Zoning Manager, presented. Board members discussed the item and requested clarification. Motion was made by Luis Rimoli to reconsider this item. Motion failed due to a lack of second. Bill Harris Yes Kenya Peterman Yes Luis Rimoli Yes Planning and Zoning Board Sitting as the Local Planning Agency 3 Minutes July 20, 2016 2. BOARD ITEMS NONE MEETING ADJOURNED AT 7:12 PM ATTEST: _________________________ _______________________________ MACEE WRAY BILL HARRIS, CHAIR BOARD CLERK PLANNING AND ZONING BOARD The above minutes are action minutes of the Planning and Zoning Board Meeting, for more details regarding the meeting discussion please request an audio file of the meeting by emailing the Planning and Zoning Board Clerk, Anne-Christine Carrie at ACarrie@ci.dania-beach.fl.us or call (954) 924-6805 X3654. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE “LAND DEVELOPMENT CODE”, OF THE CITY’S CODE OF ORDINANCES BY AMENDING ARTICLE 100 “GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS,” CONCERNING MIXED-USE ZONING DISTRICTS; AMENDING ARTICLE 305 “INCENTIVES” CONCERNING VOLUNTARY SUSTAINABLE BUILDING PRACTICES; AMENDING ARTICLE 330 “COMMUNITY FACILITIES DISTRICT (CF)” CONCERNING SPECIAL EXCEPTION USES; AMENDING ARTICLE 510 “PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS” CONCERNING APPEARANCE STANDARDS FOR CANOPIES; AMENDING ARTICLE 610 “PUBLIC HEARING NOTICES” CONCERNING PUBLIC NOTICE REQUIREMENTS AND STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida Statutes, provide municipalities the authority to exercise any power for municipal purposes, except where prohibited by law, and to adopt ordinances in furtherance of such authority; and WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach Comprehensive Plan provides that the City of Dania Beach will maintain land development regulations and zoning regulations to implement the City’s Comprehensive Plan; and WHEREAS, the City Commission of the City of Dania Beach (“City Commission”) finds it periodically necessary to amend its Code of Ordinances and Land Development Code (“Code”) in order to update regulations and procedures to implement municipal goals and objectives; and WHEREAS, City staff recommends approval of the proposed changes; and WHEREAS, the Planning and Zoning Board, sitting as the City’s Local Planning Agency, has reviewed this Ordinance, and has determined that it is consistent with the City’s Comprehensive Plan; and WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed Ordinance and of the time and dates of the public hearings; and WHEREAS, two (2) public hearings were held before the City Commission pursuant to the published notice described above; and WHEREAS, the City Commission finds that adoption of this Ordinance through its police powers will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the City’s Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA1: Section 1. That the preceding “Whereas” clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That Article 100 “General Use Regulations Applying To All Zoning Districts” of the City of Dania Beach Land Development Code is amended to read as follows: ****** Sec. 100-60. - Establishment of zoning districts. The restrictions and controls intended to regulate development in each district are uniform for each class or kind of categorical delineation or distinction. For the purposes of protecting, promoting and improving the public health, safety and the general welfare of the citizens and residents, the city is divided into the following districts: District map designation Full district title Intent and purpose of district (B) Mixed-use zoning districts RO Residential Office District Provides for small-scale professional offices on lots fronting major arterial roadways while still permitting a principal dwelling unit in the same 1 Additions to the text are shown in underline. Deletions to the text are shown in strikethrough. District map designation Full district title Intent and purpose of district building, and maintaining the residential character of the adjacent neighborhood. These are often single-family homes that are no longer viable due to road widenings and related noise. Implements the Commercial and Residential categories of the comprehensive plan. Use of the commercial or residential flexibility rules of the Broward County Land Use Plan Administrative Rules Document may be required. NBHD-MU Neighborhood Mixed-Use District Provides for neighborhood-serving commercial uses, townhouses, apartments and limited assembly, repair and fabrication that are compatible with residential and commercial uses. The district is applied in a linear fashion, typically to frontage properties along certain collector streets that border or traverse neighborhoods. Front yards are minimized, with buildings close to the street, and rear yard and on-street parking facilities. Implements the Regional Activity Center category of the comprehensive plan. SFH-MU SFED-MU South Federal Highway Corridor Mixed-Use District Encourages medium-intensity redevelopment of the corridor with a mix of retail, office, residential, and lodging uses with a design emphasis on pedestrian street life in a manner that supports public transit, while creating interest and fostering investment in the immediate neighborhood. This will be accomplished through a mix of residential and commercial uses along the corridor, built close to the street, with parking facilities behind buildings. Implements the Regional Activity Center category of the comprehensive plan. GTWY-MU Beach Gateway Mixed-Use District Capitalizes on the proximity of conservation areas, waterways and the beach by preserving additional land, thus enhancing the area's assets. This will be accomplished by allowing relatively tall buildings built near the street, in order to allow for a reduction in building footprint and consolidation of the developed area, while providing a landscaped yard between the building and street to differentiate this zone from the more urban EDBB-MU zone. Implements the Regional Activity Center category of the comprehensive plan. ****** Section 3. That Article 305 “Incentives” of the City of Dania Beach Land Development Code is amended to read as follows: ****** (J) Canopies, if utilized, shall be restricted to a provide a minimum clearance of fourteen (14) feet in height for areas accommodating vehicles and a maximum minimum clearance of ten (10) feet in height for non-vehicular areas, and shall be consistent with the main building design. The canopy columns shall be architecturally finished to match the building. ****** Section 6. That Article 610 “Public Hearing Notices” of the City of Dania Beach Land Development Code is amended to read as follows: ****** Sec. 610-20. - Table of public notice requirements. APPLICATION TYPE REQUIRED PUBLIC HEARINGS TIMING OF NOTICE (minimum number of days prior to public hearing that notice must be given) NEWSPAPER NOTICE FORMAT (see section 610-30 for requirements) MAIL NOTICE RADIUS SIGN POSTING REQUIRED? OTHER NOTICE Plat Planning & Zoning Board 10 days Standard Ad Not Required No Posting at City Hall City Commission 10 days Standard Ad Within 300 feet No Posting at City Hall Vacation of right-of-way Planning and Zoning Board 10 days Standard Ad Properties fronting the street segment proposed for vacation Yes Posting at City Hall City Commission 10 days Standard Ad Properties fronting the street segment proposed for vacation Yes Posting at City Hall Sec. 305-50. - Sustainable building practices; voluntary green building/development program. ****** (H) Performance bond. Participants in the voluntary green building program, at the time of building permit application prior to issuance of a Certificate of Occupancy, shall post a performance bond, letter of credit or other form of surety approved by the city attorney. (1) The amount of the required performance bond, letter of credit or other approved form of surety shall be calculated as follows for projects seeking the incentive bonus for meeting third-party certification requirements: (a) Two (2) Four (4) percent of the total cost of construction for a development of less than one hundred thousand (100,000) square feet of building area. (b) Three (3) percent of the total cost of construction for a development of up to two hundred thousand (200,000) square feet of building. (c) Four (4) Two (2) percent of the total cost of construction for any building greater than two hundred thousand (200,000) square feet. ****** Section 4. That Article 330 “Community Facilities District (CF)” of the City of Dania Beach Land Development Code is amended to read as follows: ****** Sec. 330-30. - Special exception uses. (e) Residential care facilities and adult residential care facilities (pursuant to special residential facilities provisions of the Broward County Land Use Plan and City of Dania Beach) [see subsection 330-40(c)]. ****** Section 5. That Article 510 “Principal Arterial Commercial Design Standards” of the City of Dania Beach Land Development Code is amended to read as follows: ****** ****** Section 7. 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 8. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to such extent of the conflict. Section 9. That this Ordinance shall be codified in accordance with the foregoing. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the City of Dania Beach Code of Ordinances; and that the sections of this Ordinance may be renumbered or re-lettered and the word “ordinance” may be changed to “section”, “article” or such other appropriate word or phrase in order to accomplish such intentions. Section 10. That this Ordinance shall take full effect immediately upon its passage and adoption. PASSED on first reading on._____________________, 2016. PASSED AND ADOPTED on second reading on ____________________, 2016. ATTEST: _________ LOUISE STILSON, CMC MARCO SALVINO, SR. CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: _______ THOMAS J. ANSBRO CITY ATTORNEY