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HomeMy WebLinkAbout2021-09-22 Virtual Planning and Zoning Board/Local Planning Agency MinutesDANIA BEACH SEA IT. LIVE IT. LOVE IT. VIRTUAL MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY WEDNESDAY, SEPTEMBER 22, 2021 7:00 PM ANY PERSON WHO DECIDES TO APPEAL. ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL 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 REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION \VITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: W W W.DANIABEACHFL.GO V. (ORDINANCE #2012-019) 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) 924-6800 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 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, I. ROLL CALL The meeting was called to order at approximately 7:OOPM by Chair Robertson. Board Clerk Ibel Larios called the roll. Chair W. Quin Robertson, PhD, GISP Present Traian Thomas Popescu Present Jonathan Thomas Present Albert C Jones Present Derrick Hankerson (logged in 7: IOPM Present (Acknowledged 7:22PAI) 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 Ibel Larios, Board Clerk The new board member, Traian Thomas Popescu, was sworn in by Assistant City Attorney Eve Boutsis so he could now perform his board duties and responsibilities. She explained that even though he was not at the previous P&Z Meeting, tonight he could vote on the minutes listed on the agenda for approval. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board /Local Planning Agency from the August 11, 2021 virtual regular meeting. Motion was made by Albert Jones to approve the minutes of the virtual meeting of the Planning & Zoning Board/Local Planning Agency for August II, 2021 was seconded by Jonathan Thomas. Motion passed 44. (Board Member Hankerson was not logged in yet.) III. PUBLIC HEARINGS 1. RZ-063-21: The applicant, Leigh Robinson Kerr &Associates, Inc., on behalf of Franmar Properties of South Florida LLCD., is requesting rezoning of property generally located on the north side of Southwest 42 Street, between Anglers Avenue/Ravenswood Road and Southwest 22 Avenue from Single -Family 6000 Residential District (RS-6000) and General Business District (C-3) to Industrial -Research -Office -Marine Airport Approach (IROM-AA). Assistant City Attorney Eve Boutsis swore in Staff and the Applicant -anyone who would speak on this application. For the record, during this agenda presentation, Derrick Hankerson logged in. With the public hearing opened, Planning and Zoning Manager Richard Lorber gave a PowerPoint presentation explaining the rezoning request from some single family residential (RS-6000) and some general business district (C-3) to Industrial -Research -Office -Marine Airport Approach (IROM-AA). He showed the location of the area on a map pointing out the four vacant properties of which some were C-3 and some RS-6000 and if the rezoning was approved, it would be IROM-AA. The property totaled a little less than an acre and was planned to be used as an extension of the existing bus company operations. The applicant, Franmar Properties, operated Academy Bus providing charter bus services. They also own the property to the south (in unincorporated Broward County) and were in the process of preparing an annexation petition into the City of Dania Beach. He went through the criteria for rezoning found in Article 645 of the City's Land Development Code (LDC) stating what the Board must consider. He further explained how the applicant responded and read their comments into the record telling how it was consistent with the required criteria. The Community Development staff was in general agreement with the applicant's zoning criteria statement and was supportive of the rezoning request. Staff thought the current zoning was incompatible with the surrounding land use pattern. It made sense in regard to the compatibility with the adopted future land use plan and the existing land use pattern. The Board tonight must make a recommendation to the City Commission. The City Commission would hold two public hearings. Staff recommended that the Board recommended to the City Commission approval of the ordinance approving the rezoning. The Chair called for board questions. Board Member Jones wanted to know if there was any residential next to or adjacent to the subject property. Planning and Zoning Manager Lorber answered that directly to the west of this property there was a compound and a residential property on it. Notices were sent and the owner of the residential property called. They discussed this application. The owner was not opposing this application at this time. He did ask that when they came in for the site plan approval that when they come in to pave and construct, there would be a wall on the west and landscaping to adequately buffer. Board Member Jones wanted to know if there were any environmental restrictions and Planning and Zoning Manager Lorber answered in the negative. This was industrial land use and would probably be a parking lot or parking area. Board Member Jones wanted to know if there would be any mechanical repair, etc. and was told that maybe in the future but for now, it was just for parking. In answer to a question regarding changes in the future would they have to come back to the City and Planning and Zoning Manager Lorber gave an example that if they wanted to build a building in the future, it would have to come back to the City. Board Member Jones just expressed his concern if Academy Bus was planning on doing repairs, etc. because he was concerned about where oil, etc. would go. Board Member Jones wanted to know if drainage there was sufficient. Planning and Zoning Manager Lorber explained that when they review a proposed development, engineering staff fully reviewed for drainage, etc. At this time, it was only a rezoning, but there would be an environmental review by the City when there was a proposal. As there were no fitrther board questions, the Chair asked for members of the public who would like to speak for or against this item. The property owner to the west, Dave Reich, said that he did speak with Planning and Zoning Manager Lorber and did say he was not against the rezoning but the buses were 13' high or more and he wanted to know if there was adequate protection not to impact him too much. He would like to be involved in the early site plan stage to mitigate this, especially environmentally (e.g., fumes). 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 recommend approval of this agenda item (RZ-063-21) to the City Commission and was seconded by Jonathan Thomas. Motion passed S-0. Assistant City Attorney Eve Boutsis said that the Board moved for a motion but it was not voted on because she asked the applicant, Mr. Kerr, if he still wanted to speak. Mr. Kerr said he did not need to speak but said that he would address what was brought up by Mr. Jones and Mr. Reich. Motion passed S-0. 2. TA-060-21: The applicant, Community Development Department, on behalf of the City of Dania Beach, is requesting approval for an amendment to the Broward County Trafficways Plan deleting the SW 4t1i Avenue (Dixie Highway) Traffic between Dania Beach Boulevard and Sheridan Street. Virtual Ptanning and Zoiti�tg Board/Locat Planni�tg Age�tcy Minutes 2 September 22, 2021 Planning and Zoning Manager Richard Lorber gave a PowerPoint presentation stating that the applicant was Dania Beach and this was being presented for a proposed Trafficways Plan amendment. He gave the background stating that the Broward County Trafficways Plan was the county's roadway right -of --way preservation plan. It was a big map of all the main roads in the county. It specifies how wide each major road should be. There was aright -of --way requirement for developing parcels along designated trafficways, in order to provide for enough width for an acceptable regional roadway network. On the Broward County Trafficways Plan, the SW 4th Avenue (Dixie Highway) Trafficway was specified as a forty-two foot wide one-way pair extending from Sheridan Street northward along either side of the FEC Railroad corridor to Dania Beach Boulevard. Planning and Zoning Manager Lorber showed a graphic that depicted the entirety of the link. What was strange was that on the east side (SW 4t�' Avenue), it was atwo-way road and a neighborhood with homes to the east. On the west side, it ran up Dixie Highway. There were commercial buildings and residential properties right in this site where this plan says this roadway was to go through. The Broward County Trafficways Plan required properties along this way to dedicate up to forty-two feet of privately owned land as right -of --way for purposes of future roadway development. The requirement for additional dedication of privately owned land, whether for a portion of, or the entirety of the forty-two foot wide dedication requirement, has proven to be an obstacle to the development and redevelopment of several properties along the Trafficway alignment. There were breaks/gaps in the existing right -of --way along this corridor, including fully developed commercial and residential properties that contain land within the corridor, properties containing several existing buildings of a substantial value and other factors which render the envisioned future Trafficway corridor as highly unfeasible. Failure to delete this Trafficway from the Trafficways Plan would cause continued difficulties for the development of properties located along its alignment and would contribute to the further economic stagnation in an economically disadvantaged community. Partially because of this obstacle, there has not been good development there. He showed a picture of some affected potential development sites. What the City of Dania Beach would like was to request the county remove SW 4th Avenue (Dixie Highway) from the Trafficways Plan. This would allow neighborhoods to proceed with infill development and vitally needed redevelopment with stability and certainty without the requirement of future right -of --way dedications. Staff felt that the proposed Trafficways Plan amendment would be beneficial to surrounding neighborhoods and was consistent with the City's Comprehensive Plan. A traffic analysis done by the county would verify that granting this request would have very little impact on traffic volumes, bicycles, pedestrian travels, etc. The Board has to make a recommendation to the City Commission tonight. There would be one public hearing by the City Commission. The application and the Resolution would be submitted to the Broward County Planning Council with a recommendation of approval as there was no real road where this road was shown. The Chair called for board questions. Board Member Jones said that he was familiar with SW 4��' Avenue and explained how it maneuvered out to Sterling Road. Then he explained how to turn back to SW 4"' Avenue. He did not know a SW 4ti' that went all the way to Dania Beach Boulevard. Planning and Zoning Manager Lorber explained where it was and that there was aright -of --way between the railroad tracks and the storage facility. Planning and Zoning Manager Lorber showed on a map where SW 4t'' turned but on the Trafficways Plan, it did not turn but just incorrectly continued through an area with buildings. Board Member Jones wanted to know once this roadway was vacated, would it give more property to the property owners. He further asked about access to these properties. Planning and Zoning Manager Lorber answered in the negative about giving more property to the owners and explained that there was no problem accessing these properties currently from side streets. Board Member Jones asked about the area by the FEC, if he would be able to put a picnic area for his employees as the vacated area would not be utilized. Assistant Director Community Development Lajoie said that this request was not a vacation of roadway. The roadway in many places did not exist. There was just a future Trafficways Map that says the road should exist. As property owners come in to redevelop a site, we have to review their proposed site plan against this future roadways plan and in many cases, it required the property owner to dedicate or give land. In some cases, it was half the property for this imaginary road not yet built. This was causing problems and was an obstacle. Board Member Jones just wanted to ensure that no one could maximize or get something for the Virtual Planning and Zoning Bomd/Local Planning Agency Minutes 3 September 22, 2021 property by expanding it in the future. His concern was that there should not be a way to profit from this in the future. As there were no other board questions, the Chair asked members of the public to speak for or against this item but no one wished to speak. Motion was made by Albert Jones to recommend approval of this agenda item (TA-060-21) to the City Commission and was seconded by Chair Robertson. Motion passed S-0. Board Member Hankerson asked to make a comment and said that some of the properties have easements next to them but with no additional use granted. He has seen signs posted and if Board Member Jones wanted to picnic on the land, he could come up against some resistance. Board Member Jones thanked Board Member Hankerson for giving more clarity regarding land use on that particular portion of land. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board Assistant Director Community Development Corinne Lajoie said that on August 24th, the City Commission passed on 2°a reading the text amendment previously heard by the P&Z Board. 2. Upcoming Meeting Dates: October 20 2021 V. MEETING ADJOURNED As there was no further business to discuss, the meeting was adjourned by mutual consent at approximately 7:48PM. ATTEST: W. QUIN ROBERTSON, CHAIlZ PLANNING AND ZONING BOARD (Date) /6 �S 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 mtd ZoningBoard/Locat Planning Agency �1Jinntes 4 September 22, 2027