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Home My WebLink About2014-11-19 Planning and Zoning Board sitting as the Local Planning Agency Agenda PacketPlanning and Zoning Board sitting as the Local Planning Agency and Planning and Zoning Board 1 AGENDA November 19, 2014 AGENDA CITY OF DANIA BEACH PLANNING AND ZONING BOARD sitting as LOCAL PLANNING AGENCY REGULAR MEETING Commission Chambers Wednesday, November 19, 2014 7:00 PM ROLL CALL APPROVAL OF MINUTES Approval of Minutes of the Planning and Zoning Board sitting as the Local Planning Agency from the October 15, 2014 meeting. BOARD ITEMS 1. RZ-82-14: The applicant, Michael Vonder Meulen/Keith & Associates, Inc., on behalf of the property owner Broward County Board of County Commissioners, is requesting to rezone a property located at 4980 SW 40 Avenue. 2. TX-111-14: The applicant, City of Dania Beach, is requesting several zoning text amendments to the City’s Unified Land Development Code, known as OneCode. 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 and Planning and Zoning Board 2 AGENDA November 19, 2014 AGENDA CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, November 19, 2014 7:00 PM ROLL CALL APPROVAL OF MINUTES Approval of Minutes of the Planning and Zoning Board from the October 15, 2014 meeting. BOARD ITEMS 1. VA-97-14: The applicant, Jacques Campeau on behalf of the property owner, Campeau USA inc. is requesting a variance to waive the required driveway setback of two feet for a property located at 5771 SW 29 Terrace. 2. SE-54-14/VA-51-14/VA-52-14/SP-53-14: The applicant, Craven Thompson & Associates, Inc., is requesting special exception, variances, and site plan approval for the construction of a foot fast food restaurant 2091 Griffin Road. 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 Local Planning Agency Regular Meeting 1 October 15, 2014 MINUTES CITY OF DANIA BEACH PLANNING and ZONING BOARD sitting as the LOCAL PLANNING AGENCY REGULAR MEETING Commission Chambers Wednesday, October 15, 2014 7:00 PM ROLL CALL Derrick Hankerson Present Tom Ansbro, Board Attorney David Nuby, Jr. Present Mariluz Maldando, Planner Timothy Pribisco Present Eleanor Norena, Board Clerk Randy Wright Present Marc LaFerrier, Director Bill Harris Present APPROVAL OF MINUTES Motion was made by Bill Harris to approve the August 20, 2014 minutes of the Planning & Zoning Board sitting as Local Planning Agency and was seconded by Randy Wright, Motion was approved 5-0. BOARD ITEMS 1. TX-100-14: The applicant, City of Dania Beach, is requesting a text amendment to the land Development Regulations, Chapter 28 to provide definitions and land use regulations which will address the location of medical marijuana uses in the City. Susan Trevarthen, planning consultant for the city, made a presentation and recommends approval. Director, Marc Laferrier described the allowed locations within the City for this proposed use. Board Member, Derrick Hankerson stated that many residents of Dania Beach have these diseases listed and can be financially devastating to a family that may already have financial problems. Also these patients may need public transportation to receive their medication do we have accessible bus routes to these proposed locations? 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 Local Planning Agency Regular Meeting 2 October 15, 2014 Marc Laferrier explained yes there is already accessible public transportation. Board Member Randy Wright asked staff why don’t we just prohibit the use within the City of Dania Beach? City Attorney, Tom Ansbro responded I am very reluctant to have the city take the lead on prohibiting the use. Randy Wright asked for clarification for the definition of marijuana, retail centers and treatment center. Susan Trevarthen responded that the definition of marijuana copies the constitutional amendment however; we will look into clarifying for future reading. The only related business allowed in the City of Dania Beach will be the medical marijuana retail center and anything else that is not listed or absent is not allowed. Randy Wright asked what airline measurement is and why are we using it rather than walking distance to measure distance separation? Susan Trevathen responded it means “as the crow flies”, this is previously defined and used in the code for other allowed uses. Randy Wright asked for clarification of the onsite storage of medical marijuana and a few referenced code sections that could not be found or mislabeled. Susan Trevarthan responded that we will look into all concerns and have them address prior to Commissions’ second reading. Bill Harris asked if the prescription issued to the patient is detailed to the amount and frequency of use for the medical marijuana. Susan Trevarthen responded that is currently unknown and will be handled by the state. Motion was made to include all modifications discussed by Bill Harris to approve item #1, TX- 100-14 and was seconded by Derick Hankerson motion was approved 4-1. Bill Harris yes Randy Wright yes Derrick Hankerson yes Tim Pribisco yes Tim Pribisco yes David Nuby Jr. no DIRECTOR’S REPORT Ocean Park (Beach Revitalization) Plan has been approved by Commission earlier this year for Phase I with an estimated cost is $1.7M, the scope of work includes, beach nourishment, renovation the existing bathrooms, additional landscaping and beatifying the north end of the beach. Construction for Phase I should begin early next year and be completed in August 2015. Also we plan on making additional code amendments that will be brought to you for consideration. MEETING ADJOURNED AT 8:21 P.M. Planning and Zoning Board Local Planning Agency Regular Meeting 3 October 15, 2014 INUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD REGULAR MEETING Commission Chambers Wednesday, October 15, 2014 7:00 PM ROLL CALL Derrick Hankerson Present Tom Ansbro, Board Attorney David Nuby, Jr. Present Mariluz Maldando, Planner Timothy Pribisco Present Eleanor Norena, Board Clerk Randy Wright Present Marc LaFerrier, Director Bill Harris Present APPROVAL OF MINUTES Motion was made by Randy Wright to approve the August 20, 2014 minutes of the Planning & Zoning Board and was seconded by Derrick Hankerson motion was approved 5-0. BOARD ITEMS 1. PL-075-14: The applicant, Pulice Land Surveyors, Inc. on behalf of the property owner Lawrence Turner Jr. and Roberta Backus Turner, is requesting to create a plat known as the “Florida Park” for the property generally located east of SE 5th Avenue, west of gulfstream Road and south of east Dania Beach Boulevard. Mariluz Maldanado, Planner made a presentation and recommends approval. Dwain Dickerson, attorney representing the applicant stated that recent text amendments to the Gateway Mixed Use zoning has increased the allowed density and would like to note that the applicant is only requesting 345 units of the total 483 allowed for their site. Bill Harris asked what is the max height of the building? Dwain responded the zoning district allows up to 14 stories. 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 Local Planning Agency Regular Meeting 4 October 15, 2014 Motion was made by Derrick Hankerson to approve item #1, PL-075-14 to approval and was seconded by David Nuby Jr. motion was approved 5-0. Bill Harris yes Randy Wright yes Derrick Hankerson yes David Nuby Jr yes Tim Pribisco yes DIRECTOR’S REPORT None MEETING ADJOURNED 7:09 PM. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH, FLORIDA A Public Hearing will be conducted by the City of Dania Beach Planning and Zoning and Local Planning Agency meeting on the following date: DATE: Wednesday, November 19, 2014 TIME: 7:00 p.m. or as soon thereafter as the same may be heard PLACE: City Commission Chambers Dania Beach Administrative Center 100 West Dania Beach Blvd. Dania Beach, FL 33004 Agenda Planning and Zoning Board – Public Hearing VA-97-14: The applicant, Jacques Campeau on behalf of the property owner, Campeau USA inc. is requesting a variance to waive the required driveway setback of two feet for a property located at 5771 SW 29 Terrace. A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY JACQUES CAMPEAU ON BEHALF OF CAMPEAU USA, INC. FOR PROPERTY LOCATED AT 5771 SW 29 TERRACE IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Legally Described as: LOT 40 BLK 27, RAVENSWOOD ESTATES & MARINAS 3RD ADD PLAT BOOK NO. 72-AT PAGE NO. 20 O FTHE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. For more information please call the Planning Division at (954) 924-6805 x3643. 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 Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, at least 48 hours prior to the meeting. Please be advised that if a person decides to appeal any decision made by Local Planning Agency, the Planning and Zoning Board or the City Commission with respect to any matter considered at this hearing, such person will need a verbatim record of the proceedings and for this purpose such person 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 based. The city does not provide or prepare such record pursuant to f.s. 286.0105. Community Development Published: Friday, November 7, 2014 (6) The variance granted will be in harmony with the general intent and purpose of this Land Development Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. SITE PLAN Site plan approval is being requested to allow the construction of a fast food restaurant, 1,750 square feet in size. The property currently has a structure on it that was built in 1958, according to Broward County Property Appraisal information. The applicant is proposing to utilize a portion of the original building, demolishing a small section on the east and constructing new building area to the north. These changes will allow traffic circulation and parking to occur around the building. There will be no drive through service at this location. There is an electrical cabinet located in the sidewalk area, immediately adjacent to the property, in the north east corner of the intersection of Griffin Road and Anglers Avenue. The applicant has agreed to wrap the cabinet in art and will be working with the City’s Creative Arts Council Advisory Board to do so. Staff is requesting that the art be installed prior to issuance of a building permit. The elevations of the building show signage, however, the applicant has indicated that all signage will be submitted for separate review and permitting and will not be approved as part of the site plan. The site plan was reviewed by the Fire Marshal, Public Services, the City’s landscape consultant and the Planning Division. The following staff comments remain and must be addressed by the applicant prior to issuance of a building permit: 1. Art to be installed on electrical cabinet prior to issuance of a building permit (Planning). STAFF RECOMMENDATION SPECIAL EXCEPTION Approve VARIANCE 1. Fast Food - approve 2. Parking - approve SITE PLAN Approve, provided the applicant address all of staff’s comments prior to issuance of a building permit. RESOLUTION #P&Z 2014- 2 1. Art to be installed on electrical cabinet prior to issuance of a building permit (Planning). It is further noted that the original site plan is maintained in the office of the Community Development Department of the City of Dania Beach. Section 2. That such application must be reviewed by Broward County Aviation Department. The point of contact is William Castillo, Airport Planner located at 220 S.W. 45 Street, Suite 101, Dania Beach, Florida, 33312, (954) 359-6100. Section 3. That such approval is also subject to the conditions previously approved by the City Commission. Section 4. Issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall be in force and take effect immediately upon its passage and adoption and remain valid for eighteen (18) months, per Section 635 of the Dania Beach Land Development Code. PASSED AND ADOPTED on _______________, 2014. ATTEST: ELEANOR NORENA TIMOTHY PRIBISCO, CHAIRMAN BOARD CLERK PLANNING AND ZONING BOARD APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY