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HomeMy WebLinkAbout7856 - MINUTES - City Commission MINUTES OF SPECIAL MEETING DANIA BEACH CITY COMMISSION 1 ST PUBLIC HEARING- TOD/TOC ZONING REGULATIONS WEDNESDAY, APRIL 4, 2007 - 6:30 P.M. 1. Call to Order Mayor Anton called the meeting to order at 6:30 p.m. 2. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert Jones Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. Public Hearing 3.1 ORDINANCE #2007-007 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 21, ENTITLED "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC) DISTRICTS;" PROVIDING FOR AN AMENDMENT TO THE AMENDED ZONING MAP OF DANIA, FLORIDA; FURTHER, PROVIDING FOR AN EFFECTIVE 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 determines 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 I Parking Lot and Parking Garage at 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 turning 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 property 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-I to the Commission. He asked that Table F include Pari-mutuel Facility as a permitted use in the TOC-1 zoning area. Kurt Ely, 245 SW I" Avenue, was concerned 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. He 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 Eton, 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 Eton was concerned with the TOC-2, single family homes, and deed restrictions on the Sheridan Corridor. He suggested including the Sheridan Corridor 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 Iler, 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 Attorney 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 regulations can be subject to a variance, except for the density. He indicated he had no objection to the request made by Attorney Hall, representing Dania Jai Alai, as nothing would change the way it is today. Director Leeds thought most of the 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 1"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 concerned the TOD is limited to the east side of the FEC and does not go any farther. 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 of the FEC. He pointed out that the reason the west of the 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 anything detrimental to the single family homes. City Attorney 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 to 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 present 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 Bertino 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 3 Dania Beach City Commission I"Public Hearing—TOD/TOC Zoning Regulations Wednesday,April 4, 2007 -6:30 p.m. 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 $50,0004100,000 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. thrift 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-1 zoning area. City Attorney Ansbro suggested the Pari-mutuel Facility recommendation should be included in the motion to adopt Ordinance #2007-007 on first reading. City Attorney Ansbro read the title of Ordinance #2007-007. Commissioner Castro motioned to approve Ordinance #2007-007, as amended for Boyd Gaming, on first reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4. Adjournment Mayor Anton adjourned the meeting at 7:50 p.m. ATTEST: CITY OF DANIA BE4CH LOUISE STILSON, CMC ANTON CITY CLERK MAYOR-COIvMISSIONER Approved: April 24, 2007 Minutes of Special Meeting 4 Dania Beach City Commission I`Public Hearing—TOD/TOC Zoning Regulations Wednesday,April 4,2007 -6:30 p.m.