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Home My WebLink About2007-04-04 Special Meeting 1st Public Hearing-TOD/TOC Zoning Regulations City Commission MinutesMINUTES OF SPECIAL MEETING DANIA BEACH CITY COMMISSION 1', PUBLIC HEARING - ToD/ToC ZoNING REGULATIoNS WEDNESDAY, APRIL 4, 2007 - 6:30 P.M. L Call to Order Mayor Anton called the meeting to order at 6:30 p.m. 2. Roll Call Present: Mayor: Vice-Mayor: Commissioners City Manager: City Attorney: City Clerk: Bob Anton Albert Jones John Bertino Anne Castro Patricia Flury Ivan Pato Thomas Ansbro Louise Stilson 3. Public H 3.1 oRDTNANCE#2007-007 AN ORDINANCE AMENDING CHAPTER 28 .'ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 2I, ENTITLED "DOWNTOWN TRANSITORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS:" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA: FURTHER. PROVIDING FOR AN EFFEC'I'IVE DATE, Laurence Leeds, Director of Community Development, presented an outline of the timeline of the TOD/TOC Zoning Regulations. He further explained the proposed TOD/TOC Zoning determines where a building can be located on a lot, the size of the building, how much parking is required, and how the building and landscaping will look. The TOD/TOC also determincs what type of business and residential development is permitted and it is intended to encourage quality commercial and multi-family residential development adjacent to major roadways. The presentation is attached and incorporated into these minutes. Mayor Anton opened the Public Hearing. Clare Vickery, business owner at 49 N. Federal Highway, was concerned with parking in her area. She suggested there might be some creative agreements that could be made with the City's Parking Lot and Parking Garage a1 certain hours of the day. She asked for consideration of an arts location. courtney crush, representing Jay Patel of Lucky Motel, noted they met with Director Leeds and Principal City Planner Corinne Lajoie, to discuss the possibility of tuming their hotel into an Airport Hotel. She explained they have been working on a plan with their architect. The Lucky Motel located at 205 N. Federal Highway is.46 acres and they cannot redevelop their prope(y with the new zoning regulations. Attorney Crush indicated they can meet all the amenities. but they do not have the required .50 acre. She would like the commission to consider how properties which are uniquely situated can redevelop. They would be ready to redevelop if the land requirement were less. Donald Hall, Gunster Yoakley, representing Boyd Gaming and Dania Jai Alai, distributed copies of their suggested proposed amendment to the Toc-l to the Commission. He asked that Table F include Pari-mutuel Facility as a permitted use in the TOC-l zoning area. Kurt Ely, 245 SW I't Avenue, was concemed with TOC-2 because if something happens to his house he would not be allowed to rebuild under the new regulations. He indicated there were 50- 60 single family homes that would not be allowed to rebuild. Director Leeds advised the property where Mr. Ely's house is located is zoned commercial. [Ie does not anticipate changing the zoning, however, we could change the provision of the Code relating to non-conforming uses to allow the existing single family homes to rebuild. Joe Van Eron, 1500 SW 2nd Avenue, noted he has attended all the meetings. He commented this is a fabulous document and gives a plan for what people can do. Mr. Van Eron was concemed with the TOC-2, single family homes, and deed restrictions on the Sheridan Corridor. He suggested including the Sheridan Conidor in the TOC-2 district. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro thought this document was a good product overall. She commended staff for their hard work and commented she was pleased to see the community participating in the meetings. Commissioner Castro asked what would be the approach to the issues and concerns raised tonight. Director Leeds noted that Henry ller, The Iler Planning Group, did not recommend changing the minimum lot size requirements in the ordinance, but suggested requests should be addressed on a case by case basis through variances. He advised the concerns expressed by Aftorney Crush and Ms. Vickery could both be treated as variances, if they can prove their legal hardship to the Commission. Director Leeds clarified for the record that most items in the new regulaiions can be subject to a variance, except for the density. He indicated he had no objeclion to the request made by Attorney Hall, representing Dania Jai Alai, as nothing would change the way it is today. Director Leeds thought most ofthe homes that will be rezoned were 2-3 family residences and he will confirm this at the next Commission meeting. Minutes of Special Meeting 2 Dania Beach City Commission l'r Public Hearing TOD/TOC Zoning Regulations Wednesday, April 4,2007 - 6:30 p.m. Henry Iler. The Iler Planning Group, noted we need the property behind Federal Highway to be combined with properties along Federal Highway at some point. He indicated that commercial property owners on Federal Highway will probably try to purchase these properties to be able to expand. Mr. Iler further commented that the cross-access parking agreements along Federal Highway are necessary and should be encouraged at all levels. Vice-Mayor Jones was concemed the TOD is limited to the east side olthe FEC and does not go any fa(her. He asked if there would be an opportunity for that perimeter to be breached at a future time. Director Leeds advised we would have to amend our Land Use Plan and go through the same process for east ofthe FEC. He pointed out that the reason the west ofthe FEC was not included is because the land use in that area has very low density. Vice-Mayor Jones commended Director Leeds on the plan. He would like the City to consider some of the comments made tonight. Commissioner Flury thought the document presented was great. She was glad to see there will be a procedure in place to allow a property owner to present a variance request to the Commission for consideration. Commissioner Flury pointed out that she would not want the City to do any.thing detrimental to the single family homes. City Anomey Ansbro clarified for Commissioner Flury that he would not recommend extending the boundaries of the CRA to include the Sheridan Corridor before approval of the new regulations. He further noted that if the Commission would like to make any changes, we would need to go back Io the County to amend our agreement with them to extend the boundaries. Commissioner Bertino thought we needed to tighten up the definition of antiques and presenr it to the Commission at the second reading of this Ordinance. Director Leeds responded for Commissioner Bertino that if a duplex is destroyed and the owner wants to build a single family home, it would not be allowed because the City does not want to encourage single family homes along transit redevelopment areas. Commissioner Bertino agreed with Vice-Mayor Jones and thought that the TOD boundaries needed to go west of where the train station would be located by at least 2-3 blocks. Director Leeds advised that moving the TOD boundaries would require at least a year, since we would need to go through the same process, and the City's Comprehensive Plan would need to be amended. Commissioner Berlino thought we needed to start the process as soon as possible Commissioner Flury indicated it would be better to expand all the boundaries at the same time Minutes of Special Meeting Dania Beach City Commission l" F\rblic Hearing - ToD/ToC Zoning Regulations Wednesday, April 4,2007 - 6:30 p.m. J Mayor Anton commented we need to take care of this first, then move forward with expanding the boundaries. Director Leeds clarified for the Commission that expanding the LAC would involve significant cost. He further pointed out that it would cost $50,000-$ I 00,000 to amend the City's Comprehensive Plan, and although the cost would offset the price, it is still a very expensive process. Commissioner Bertino asked if condominium-hotels, for people staying on a short-term basis, were allowed. Director Leeds advised condominium-hotels were allowed as special exception use. He further commented that timeshares were not defined in the Code, but they would be included. Mayor Anton summarized the changes that need to be made for the second reading of this Ordinance, as follows: a better definition of antique vs. thrill shops; extending the boundaries of the CRA to include the Sheridan Street Corridor; an amendment to address the single family homes issue; the addition of timeshares to Definitions; and the inclusion of the Pari-mutuel Facility as a permitted use in the TOC- l zoning area. City Attomey Ansbro suggested the Pari-mutuet Facility recommendation should be included in the motion to adopt Ordinance #2007 -007 on first reading. Yes Yes Yes Yes Yes Commissioner Castro motioned to approve Ordinance #2007 -001 , as amcnded for Boyd Gaming, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Commissioner Castro Commissioner Flury Vice-Mayor Jones Mayor Anton 4. Adiournment Mayor Anton adjoumed the meeting at 7:50 p.m. ATTEST:CI'IY QI'NIA BE CII ON o) LOUISE STILSON, CMC CITY CLERK Approved: April 24, 2007 Minutes of Special Meeting Dania Beach City Commission l " Public Hearing - ToD/ToC Zoning Regulations Wednesday, April 4, 2007 - 6:30 p.m. + MAYOR-COMMISSIONER City Attomey Ansbro read the title of Ordinance #2007-007. W l-i\ f_ 1 I l* iEiI ld I fiI.\ &tl t Iir I ))) Agenda . Meeting Summary: May 23, 2006: lnitia! CRA Meeting **June 29, 2006: Community Meeting **August 3, 2006: Community Meeting **September 6, 2006: CRA Board Community Meeting December 6, 2006: CRA Board Meeting (use/parking) January 3,2007: CRA Board recommends conceptual approval **March 21,2007:. P and ZBoard recommends approval "*April 4,2007: First City Commission Public Hearing April24,2007: Second City Commission Public Hearing , City Commission General Principals . Public Meeting Concerns . Summary of Zoning District Regulations **Noticed meetings ))) Team !ntroduction o IE I Iler Planning Group .Henry ller, Principal . The City of Dania Beach .Citizens .City Commission (sitting as CRA Board) .Planning and Zoning Board .Community Development Department EDSA . EDSA .Doug Smith, Principal ))) a I City Commission: General Principles Create opportunities for quality, mixed-use, vertica! development downtown and along US 1 and East Dania Beach Boulevard lmprove the appearance of the private development and public street corridors Regulate buitding height based on parcel size and adiacent zoning Provide view corridors along US 1 and Dania Beach Boulevard Provide pedestrian access corridors throughout downtown Allow increased building height downtown and along major roadways with compatible transitional building height directly adjacent to single family/single story development )l) Public Workshop Summary - June 29th, August 3, Sept. 6 RECOMMENDATIONS .Properly-scaled building height directly abutting single family/single-story residential .Sufficient on-site loading, service, and parking (Discourage on-street loading/unloading) .lmprove pedestrian safety and accessibility .Utilize shuttle bus to alleviate parking/walking issues . Diversity in architecture .Support of rai! station along FEC in Downtown Core .Street tree landscaping )) MINIMUM DEVELOPMENT REQUIREMENTS (2) Minimum Lot width of 100'. (3) Provision of pedestrian paseos (Public walkways between buildings connecting paralle! streets) -Downtown/US 1 North of Stirling -East Dania Beach Boulevard (4) Provision of ground floor pedestrian-intensive uses: -Downtown/US I North of Stirling -East Dania Beach Blvd west of SE Sth Avenue ) (1) Minimum Lot area of 0.5 acres. MINIMUM DEVELOPMENT REQUIREMENTS Proposals not meeting minimum requirements shall not exceed 3 stories or 40 feet in height, whichever is less. For proposals meeting or exceeding minimum requirements, building height shall be based on the following:. Parcel Location. Parcel Size. lnclusion of ground floor pedestrian use provided (some areas). lnclusion of 2-3 developer-funded amenities (some areas) from the following menu: -Public plaza and/or civic open space (1,500 sq. ft.) -Public outdoor art -Prominent water feature -Public Parking (Minimum 10 spaces) -LEED certified building (Energy conservation) ))) SUMMARY OF PROHIBITED USES** ACLF Amusement Arcade Auto, truck, motorcycle, and boat repair, storage, rental, display, leasing, or sales Auto parts sales, gasoline sales, car washes Bail Bondsman, Bingo Hall, Boarding or Rooming House Cabinet or Furniture Manufacturing Check Cashing, Pawn, Gun, Package Liquor Shops Contractor Office or Shop Day Labor Employment Agency Drug or Alcohol Treatment Center Drive-Thru Banks and Drive-Thru Drug Stores (some areas) Drive-through Restaurant Flea market, Food processing facilities lndustrial, Manufacturing, Welding, Sheet Metal, or Tool and Die Motels Thrift shops, second hand apparel stores (excluding antiques) Outdoor storage Penal, correctional, re-entry facilities or half-way house (juvenile or adult) Single and two family homes Tattoo and body piercing Sales, storage, or display of lumber materials Warehousing or Self-Storage Warehouse **This tist does not include those uses which are permitted in limited locations. Please consult the Use Matrix for details. ))) ) CRA Boundary I I Downtown Area: Transit Oriented Development District (roD) East Dania Beach Boulevard: Transit Oriented Corridor District (TOC-1) US 1 South of Stirling Road: Transit Oriented Corridor District (TOC-2) Design, use, and parking regulations for all districts I L.9md trf r,.."s.*h8do,,d t PtuFdurdrsre !.'.': ,.".,--' ** tii ) ))) Transit Oriented Development (TOD) District att'a'a . Variable Height: 3 - 14 Stories* . Maximum Density:75 DU/Acre . US 1 Ground Floor Setback : 15' to curb (with Arcade) 20'to curb (with Awning) . Upper Level Building Setbacks: Front and US 1: None Side and Rear lot line: Yes . 5% on-site open space plus street tree landscaping *Based on parcel size, ground floor use restrictions, developer amenities, and adjacent zoning I,, I,IIttt\\ t ! =D. , I...-a I7i ) Transit Oriented Gorridor (TOC-1) I Variable Height: 3-14 Floors" Maximum Density:75 DU/Acre Dania Beach Boulevard Ground Floor Setback: 20' to curb (Arcade) 25' to curb (Awning) Upper Level Building Step- Backs: Provided in Front, Side, and Rear yards 10% on-site open space plus street landscaping *Based on parcel size, developer amenities, ground floor use restrictions (some areas), and adjacent zoning a a rlt I f, I I a I d { t rL \ Eg !iI ll..4, E ,.I )) I t )) Transit Oriented Corridor (TOC-2) Maximum Height: 3- 6 Stories* Maximum Density: 50 DU/Acre US 1 Setback: 15' to curb (Arcade) 20'to curb (Awning) Upper Level Building Setback: Rear yard only 10% on-site open space plus street tree landscaping *Based on parcel size, adjacent zoning, and ground floor use restrictions ) ))) Redevelopment Goncept: Downtown (T.O.D.) 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