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HomeMy WebLinkAbout2007-04-18 Planning & Zoning Advisory Board Minutes CITY OF DANIA BEACH PLANNING AND ZONING ADVISORY BOARD REGULAR MEETING DRAFT SUMMARY MINUTES Commission Chambers Wednesday,April 18,2007 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 THE CITY CLERK'S OFFICE,100 W.DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-3624,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. ROLL CALL Edward Bourgeois -Present Laurence Leeds, AICP, Director Community Development Lottye Crooms -Present Corinne Lajoie, AICP, Principal Planner Patrick Schilling -Present Thomas Ansbro, City Attorney Paul Fetscher -Present Lou Ann Cunningham, Board Clerk MINUTES APPROVAL Regular Planning and Zoning Advisory Board Meetings: January 17, 2007,February 21,2007, March 21,2007 Motion was made by Loytte Crooms seconded by Edward Bourgeois,to recommend approval of the minutes as presented. Motion passed unanimously. PLANNING AND ZONING BOARD ITEMS 1) The applicant Heidi Davis Knapik,with Gunster Yoakley& Stewart,PA, representing The Aragon Group, Inc.,is requesting approval for the following: VC-17-07 -To vacate portion of NE 2nd Street and a portion of Fronton Boulevard lying between Fronton Boulevard and(unimproved)NE 4th Court, in the City of Dania Beach, Florida. PL-16-07 -Perimeter plat approval, including the relocation and replacement of the vacated portion of the NE fd Street with a new 60 foot right of way located north of existing NE 2 Street between Fronton and NE 4 Court. Property located at 301 East Dania Beach Boulevard (Existing Jai Alai Fronton and vacant lot to the north). Planning and Zoning Advisory Board Meeting 1 DRAFT SUMMARYMINUTES April I8,2007 Donald Hall, Attorney with the firm Gunster, Yoakley and Start, PA representing the applicant, addressed the board introducing Heidi Davis Knapik and Jamie Owley from Gunster, Yoakley et.al., along with Blake Cumbers from Boyd Gaming and Traffic Engint Bill Kerry with Kimley Horn and Associates. Mr. Hall briefly described the development agreementit was approved by the Dania Beach City Commission on November 14, 2006, between the Aragon bup, LLC. (Jai Alai) and the City regarding the development of the Boyd Casino complex and maste#an which included the vacation of a portion of NE 2nd Street. Mr. Hall indicated that staff is reconsnding approval of the plat as it is consistent with.the city's regulations and ordinances and the vac#n of a portion of 2nd Street as it is consistent with the previously approved master plan. At this time, Attorney Hall introduced Blake Cumbers with Boygaming to the board. Mr. Cumbers gave a presentation of the Boyd Gaming project to the board, dribing the development process and progress that has been made since the last meeting before this boa4 design criteria, public meetings that were held with neighborhood residents and efforts to protect the bal neighborhoods from cut-through traffic. Attorney Hall concluded stating that his staff is available to answeay questions by the board. Laurence Leeds, AICP, Director Community Development adissed the board indicating that the requests are for a perimeter plat and the vacation of NE 2na StreetNr. Leeds described the development agreement entered into between the City and Aragon LLC (Jai AJ regarding the future development of the Boyd Casino complex. Mr. Leeds explained that the master plashows the relocation of NE 2na Street between Fronton Boulevard and the Resurrection Church propel_ He further described that public access from NE 2na Street to the casino will be prohibited and tbiDnce the project is completed, public casino access will be limited to Dania Beach and Fronton Boulevds. Mr. Leeds stated the plat includes the following properties: 1) Existing Jai Alai Fronton Site (the Boyd Complex will bduilt behind the existing fronton which will ultimately be demolished). 2) The south portion of the Tomato Field(approximately 9.icres for casino parking garage). 3) The north and west portions of the Tomato Field whicltte not part of the casino development master plan (approximately 10.8 acres located north id west of the parking garage. The property is currently zoned single family residential). 4) New Frost Park Parking Lot(1.6 acres located on the not side of NE 2na Street east of NE 3ra Avenue). Parking lot vehicle access is restricted to NE f Street. Mr. Leeds finished his presentation, indicating that the proposf vacation request and plat (including relocated NE 2nd Street) is consistent with the development agraient and master plan approved by the City Commission on November 14, 2006. Chairman Fetcher opened the item for public comment, limitirIcomments to 5 minutes each. Robert Wecker, 203 NE P Avenue,read language from the pari-mutual ction of the Florida State Statutes. Mr. Wecker expressed concerned about the turning radius for fire and Eblic safety access. Planning and Zoning Advisory Board Meeting 2 April 18,2007 DRAFT SUMMARYMINUTES r Chairman Fetscher indicated that all questions will be answered at the end of the public comments. Jim Lynch, 613 NE 2 Place, was concerned about response time for fire and public safety due to the road closures. Mr. Lynch had a question regarding access to Frost Park from the east side of the property; will there be sufficient lighting, sidewalk/bicycle access. Sharon Butler Jones, NE 5t' Avenue, expressed concern about emergency vehicle access, evacuation routes, future development at the tomato site, and future rezoning. Linda Schwartz, 341 NE 3rd Avenue, was concerned about not being able to use Fronton and wanted to know when the road closures would take effect. John Schwartz, 341 NE 3ra Avenue, likes the plan, however he feels traffic will be doubled or tripled down Dania Beach Boulevard. He is of the opinion that the marinas at Harbor Town and Royal Palm Yacht Basin will be negatively impacted and feels that NE 2nd Street should be made into two 1-way lanes going east so that the boats going to the marina can use it. Nancy Romer, 641 NE 2nd Place, has small children,and is concerned that she and her children will have to walk farther to get to Frost Park from the east side of the casino. John Bartley, 201 SE 2nd Avenue, questioned ownership of the area earmarked for the 104 parking spaces for Frost Park. Mr. Leeds indicated that Boyd Gaming has bought the site and will build the parking lot for Frost Park and deed it to the City. Mr. Bartley feels traffic along Gulfstream will need to be slowed down. Mr. Bartley indicated he likes the project and indicated that Mr. Hill who owns property in the Northeast also does not have a problem with it. Craig McAdams, 320 NE 2 Court, expressed concern about the green area (tomato field) and wanted to know why there aren't waterfront homes there. He runs the Optimist Sports program at Frost Park and feels the vacation of NE 2nd Street would negatively impact access to the park. Bob Shine, Vice President of the Danians Association, 505 E Dania Beach Boulevard, had questions regarding the surveyors around the casino site. Who hired them and why are they cutting through the Danians property. Chris Arutt 610 NE 3rd Street, Vice President of the Northeast Home Owners Association, met with the people from Boyd and gave them a list summarizing the concerns of the homeowners. Mr. Arutt requested guarantees regarding future development of the land between the parking lot and canal. Mr. Arutt would also like to see a donation of a piece of land between the parking area and the canal to be dedicated as a park,including bike paths, lighting etc. Matt Pratt, SE 2nd Terrace, asked if the city receives compensation for the roads or will they still be owned by the City. Mr. Pratt is also concerned about retaining the zoning at the tomato field and effect of the site on future Dania Beach Boulevard. Planning and Zoning Advisory Board Meeting 3 DRAFT SUMMARYMINUTES April 18,2007 Rae Sandler, 810 NW 7"' Avenue, had questions regarding the parking lot and would like to see NE 2nd Street remain and would like to see the tomato field property remain zoned for single family homes. Hearing no one and seeing no one further, the public hearing was closed. Chairman Fetcher thanked the residents for their input. Chairman Fetcher reviewed the questions posed by the residents during the public hearing and asked the applicant to address each one. Blake Cumbers addressed the issue regarding the Frost Park access. Mr. Cumbers indicated that there would be a landscape berm around the perimeter with lighting, sidewalks and bike paths, adding approximately 1,500 feet to the walk to Frost Park. Bill Cary from Kimley Horn addressed the board regarding NE 2nd Street indicating that there is about 4,100 feet presently for NE 2nd Street with it's present alignment and this would add and approximately an additional 1,500 feet at an average of 20 miles per hour which would add approximately an additional 50 seconds to the fire rescue and safety access. Mr. Cary indicated that Kimley Horn is working closely with the Fire and Sheriff's offices to make sure they have adequate access to the Fronton and neighborhood area. Blake Cumbers was not aware of the use of private property issue with the surveyors; however, he will contact the survey company and advise them that the Danians private property is not to be accessed. Blake Cumbers indicated that they were not in a position to donate any more property at this time. Currently they have donated in excess of 1.0 acres to the city for the Frost Park property. The board questioned the location of emergency vehicle access. Blake Cumbers indicated that Kimley Hom is working with the Fire Department and BSO, and that emergency vehicles will have no problem accessing the property indicating the locations of the emergency access gates. Mr. Cumbers indicated that Fronton Boulevard and the new relocated NE 2nd Street will still remain City property. In addition, Boyd has no plans to rezone the tomato field from the RS-8000 zoning and would more than likely sell it to a developer. Nancy Gomez, 501 E Dania Beach Boulevard, questioned where the gated back door for emergency vehicles will be located. Mr. Cumbers indicated that the Fire marshal asked for two emergency access gates in the middle of the parking lot. (Mr. Cumbers indicated the locations on the power point location map.) Chris Arutt asked if there is a deed zoning restriction attached to the tomato field. City Attorney Ansbro indicated that there is not a deed restriction and that the property is zoned as residential and cannot be changed with out Planning Board and City Commission approval. Jim Lynch,NE 2"d Place, asked about the possibility of a flyover for pedestrians at NE 2nd Street. Planning and Zoning Advisory Board Meeting 4 DRAFT SUMMARYMINUTES April 2007 a' = Mr. Cumbers addressed the board indicating that he would have to discuss the issue of bridging NE 2na Street with a pedestrian walkway with the City. Bob Shine Danians asked if the city is planning on returning the 35 feet of right of way back to the Village Club Apartments. Mr. Ansbro indicated that the Village Club owners would have to apply for a vacation of the right of way if one exists. Board discussion of the proposals and public hearing comments. Hearing no further discussion, a motion was made by Edward Bourgeois and seconded by Patrick Schilling, to recommend approval of VC-17-07 which vacates a portion of NE 2nd Street and a portion of Fronton Boulevard lying between Fronton Boulevard and (unimproved) NE 4th Court. Motion passed on the following roll call: Edward Bourgeois — yes Lottye Crooms — yes Patrick Schilling — yes Paul Fetscher — yes The board questioned the parking lot portion of the plat and the zoning of the property. Mr. Leeds asked Attorney Ansbro to explain the law regarding pari-mutual facilities (FS Chapter 550). The board questioned what protects the remaining acreage from being used for pari-mutual. Mr. Hall clarified for the na board that the remaining acreage is not part of the approved master plan and that the relocating of NE 2 Street would prohibit Boyd Gaming from expanding into the remaining tomato field because it becomes the new barrier. It was verified by City Attorney Ansbro that in order for any rezoning of the remaining tomato field an applicant would have to come to the Planning and Zoning Advisory Board and City Commission for public hearing and approval. Moti on was made by Lottye Crooms seconded by Edward Bourgeois, to recommend approval of the perimeter plat PL-16-07 the "Dania Jai Alai Plat". The board failed to make a recommendation on the item based on the following roll call: Edward Bourgeois — yes Lottye Crooms — yes Paul Fetscher — no Patrick Schilling — no Meeting adjourned. Planning and Zoning Advisory Board Meeting 5 April 18,2007 DRAFT SUMMARYMINUTES