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HomeMy WebLinkAbout2021-08-11 Special Virtual Planning and Zoning Board/Local Planning Agency MinutesDANIA BEACH SEA IT. LIVE IT. LOVE IT. SPECIAL VIRTUAL MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY WEDNESDAY, AUGUST 11, 2021 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WII.L NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIILED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIlIS, 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 ONE HUNDRED DOLLARS (S100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: W W W.DANIABEACHFL.GOV. (ORDINANCE #2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE C[TY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 330041(954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. INCONSIDERATION 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 ATARJM, 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. I. ROLL CALL The meeting was called to order at approximately 7:03PM by Chair Robertson. Board Clerk Ibel Larios called the roll. Chair W. Quin Robertson, PhD, GISP Present Charlotte Sloboda (Alternate) Present Jonathan Thomas Present Albert C Jones (logged in 7:14PA4) Present Derrick Hankerson (logged in 7: 08PM Present & acknowledged 7:14PA4) Eve Boutsis, Assistant City Attorney Eleanor Norena, CFM, Director Comm Dev Corinne Lajoie, AICP, Asst Director Comm Dev Richard Lorber, AICP, Planning and Zoning Manager Anne -Christine Carrie, Senior Planner Ibel Larios, Board Clerk Chair Robertson discussed excusing tonight's absence for both Board Member Jones and Board Member Hankerson. Motion was made by Charlotte Sloboda to excuse Albert Jones' absence and Derrick Hankerson's absence and was seconded by Jonathan Thomas. Motion passed 34. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board /Local Planning Agency from the June 16, 2021 virtual regular meeting and July 21, 2021. Motion was made by Charlotte Sloboda to approve the minutes of the virtual meeting of the Planning & Zoning Board/Local Planning Agency for both June 16, 2021 and July 21, 2021 with the correction of Chair Robertson's name spelled with one letter "n" and was seconded by Jonathan Thomas. Motion passed 3-0. IILPUBLIC HEARINGS 1. VA-38-21/ VA-40-21: The applicant, Sonja Foster, is requesting variances to waive the distance separation requirements of one -thousand five -hundred (1,500) feet between places of worship/public assembly as required by Section 302-20(a)(6), and to waive a portion of the minimum required off-street parking required by Section 265-50, for the property located at 714 South Federal Highway. (Continued from July 21" meeting) Assistant City Attorney Eve Boutsis swore in Staff (Director Community Development Eleanor Norena, Assistant Director Community Development Corinne Lajoie, Planning and Zoning Manager Richard Lorber, and Senior Planner Anne -Christine Carrie) and the applicant (Mr. and Mrs. Foster) who wished to speak for the first agenda item. For the record, during this agenda presentation, both Albert Jones and Derrick Hankerson logged in. With the public hearing opened, Planning and Zoning Manager Richard Lorber gave a PowerPoint presentation. He stated that a vacant commercial building of approximately 6,500 square feet which operated last as a fitness center/martial arts studio existed on the site. It has been vacant about two to three years. He explained that the proposed floorplan for the first floor contained a proposal for seventy seats plus office space, bathrooms, etc. The upstairs (second floor) was proposed only for daycare for the children of the worshippers downstairs. He then explained the two variances for which the applicant sought approval. He showed a picture of where the proposed church would be located and that it was less than the required 1,500 feet away from the existing Lighthouse Community Church of Broward. This distance triggered the first variance request. The second variance was that twenty-three parking spaces were required and they have twenty spaces on site. He explained the board's responsibility for tonight and that the applicant submitted extensive written justification for the variances. Mr. Lorber described the five criteria which must be met for a variance to be granted. He said that the applicant also reached out to nearby property owners. Mr. Lorber reported that staff reached out to Pastor Gregory Kritz (Lighthouse Community Church) who expressed support of the new place of worship and was fine with the variances. Staff also discussed this matter with the neighbor, AMO, and they had no objections. Staff was recommending approval of the variances. Mr. Lorber would answer any questions and said the applicant was also in attendance tonight to answer any questions. Charlotte Sloboda wanted to know the daycare's hours of operation. Sonja Foster, applicant, stated that the daycare was only to be used during services. Albert Jones wanted to know if there was any opportunity for shared parking and Mr. Lorber said that the applicant was talking with a number of properties surrounding the proposed church site regarding shared parking for special occasions or for any overflow parking. Assistant Director Community Development Corinne Lajoie explained that they would have to get approval from the property owner regarding shared parking for which the overflow parking would be able to park. He also wanted to know if there were any objections from the neighboring/surrounding communities and Mr. Lorber said that there were none. Albert Thomas commented that he was very happy that the Foster's ministry would be coming into the community. Derrick Hankerson wanted to know about swale parking along Dixie for a special event like a wedding and Mr. Lorber said that he would not recommend Dixie because AMO was under construction in the rear. As no other board members wished to speak or ask questions and no members of the public had questions/comments or wished to speak, the public hearing closed. Motion was made by Albert Jones to approve this agenda item (VA-38-21/ VA-40-21) and was seconded by Charlotte Sloboda. Motion passed S-0. Corrine Lajoie requested to hear agenda item 3 next becaztse the homeowner was logged in and the board agreed withozrt objection. 3. VA-053-21: The property owner, Gabriel de Las Salas, is requesting a variance to allow a rear setback of five (5) feet where fifteen (15) feet are required by Code, for the property located at 409 SE 3`d Terrace. Assistant City Attorney Eve Boutsis previously swore in Staff but now swore in the applicant and anyone wishing to speak on this agenda item. Senior Planner Christine Carrie gave a PowerPoint presentation stating that this was a setback variance. This variance was to allow a patio roof to be five feet from the rear lot line where the Code required a minimum of fifteen feet. She showed a picture of the existing canvas awning and the patio. She explained that the owner did not have enough protection against the elements (sun and rain) and that was why the request was for five feet and not fifteen from the rear lot line. She explained the variance criteria and that there were seven letters in support of the requested variance from neighboring properties. She said that staff recommended approval with a condition that she read into the record. Ms. Carrie said that the applicant was here to answer any questions. Gabriel de Las Salas, applicant, said that he spoke with his neighbors to the rear and they have no problems with this project. He also spoke with his neighbors on the left and right side of his home. Chair Robertson wanted to know if the applicant would approve the same project if the request was from his neighbors. The applicant answered in the affirmative due to the alley behind the homes. Derrick Hankerson spoke about the misinformation given to the applicant when he originally inquired about the setback being a hardship. So neighbors might not get the same variance request approval as they were told right away that the setback was fifteen feet and not five. Mr. Hankerson mentioned that he would like to read the documents to see why fifteen feet were required. Albert Jones asked staff if the new canopy would be attached to the house and Ms. Carrie answered in the affirmative. The applicant verified Virtual Planning and Zoi:ing Bonrd/Loca1 P/anning Agency Minutes 2 August II, 2021 that it would be attached to the house and the picture Mr. Jones saw was just a visual representation. Christine Carrie answered Mr. Hankerson that everything would have gone through permitting and not needed a variance, if it was not for the setback of fi$een feet. Also, if the property was conveyed, the variance with the proposed condition would transfer with the title. As no other board members wished to speak or ask questions, members of the public were asked for questions/comments or if they wished to speak. A neighbor, Jonathan Mode, spoke in favor of the agenda item and spoke highly of the applicant. As no one else wished to speak, the public hearing closed. Motion was made by Charlotte Sloboda to approve this agenda item (VA-053-21) as presented with the condition in its resolution and was seconded by Albert Jones. Motion passed S-0. 2. TX-O51-21: The applicant, City of Dania Beach, is requesting a text amendment to the City Code, to adopt the new Seawall Height mandate by Broward County. Planning and Zoning Manager Richard Lorber gave a PowerPoint presentation stating that the applicant was Dania Beach and this proposed text amendment would create Article XVII of Chapter 12 governing Flood Damage Prevention adopting the required standards for seawall height as mandated by Broward County and amending Article 240 of the Land Development Code (LDC) entitled Docks and Mooring Structures, in order to add a matching section governing seawalls. He gave the background for this and the timeline they must follow for the new seawall height mandate. The new standard would be applied to any new seawall construction and to any property proposing to build new docks or marine structures. Projects going over 50% value of the existing seawall would also be required to meet the new standard. The Planning and Zoning Board tonight must make a recommendation to the City Commission. He said that staff recommended approval of the text amendment. Chair Robertson opened board questions and said that he works for a coastal engineering firm and he felt that Broward County was top notch in their coastal research and their approach to making our county more resilient. Charlotte Sloboda asked if this applied to lakes or canals that did not have access to the ocean. Mr. Lorber said that lakes/canals were not affected. Albert Jones asked about damaged seawalls that just needed to be repaired and not replaced, if it must be raised to five feet or just be repaired. Director Community Development Eleanor Norena answered that if the value of the repair was more than 50% of the entire seawall, then it would have to be raised to five feet. As no other board members wished to speak or ask questions and no members of the public had questions/comments or wished to speak, this agenda closed. Assistant Director Community Development Corinne Lajoie reminded the board that their motion was in the form of a recommendation to the City Commission. Motion was made by Derrick Hankerson to recommend approval of this agenda item (TX-O51-21) to the City Commission and was seconded by Albert Jones. Motion passed S-0. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. Assistant Director Community Development Corinne Lajoie said that on May 11�', the City Commission approved the vacation ofright-of--way for the 800 Old Griffin Road project. 2. Upcoming Meeting Dates: September 22, 2021 Assistant Director Community Development Corinne Lajoie said that this meeting would be held virtually and there were two items on the agenda. V. MEETING ADJOURNED As there was no further business to discuss, the meeting was adjourned by mutual consent at approximately 7:42PM. Virtual Planning m:�l Zoning Board/Locat Ptm:ning Agency Minutes 3 August 11, 2021 ATTEST: D�/ Z W. QUIN ROBERTSON, CHAIR PLANNING AND ZONING BOARD �� 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. Virtual Planning and Zoning Board/Local Planning Agency Minutes 4 August II, 202I