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HomeMy WebLinkAbout2022-01-26 Hybrid Planning and Zoning Board/Local Planning AgencyDANIA BEACH SEA IL LIVE IL LOVE fI. HYBRID MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY WEDNESDAY, JANUARY 26, 2022 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 REQUIltED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, 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 ($100.00) 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 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, 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. I. ROLL CALL The meeting was called to order at approximately 7*01PM by Chair W. Quin Robertson. Board Clerk Ibel Larios called the roll. The Chair and two board members were attending in person. Chair W. Quin Robertson, PhD, GISP Vice Chair Albert C Jones** Jonathan Thomas* Derrick Hankerson Traian Thomas Popescu Present Eve Boutsis, City Attorney Corinne Lajoie, AICP, Asst Director Comm Dev Anne -Christine Carrie, Senior Planner Present Ibel Larios, Board Clerk Present *Motion was made by DerrickHankerson to excuse the absence for Jonathan Thomas and was seconded by Chair Robertson. Motion passed 3-0. **It was explained to Vice Clzair Jones that since lte was not ill, I:e could not virtually participate in tonight's meeting due to special board member State rules Jul sunshine meetings. II. APPROVAL OF MINUTES l . Approval of Minutes of the Planning and Zoning Board /Local Planning Agency from the December 15, 2021 virtual regular meeting. Motion ryas made by Derrick Hankerson to approve the minutes of the virtual meeting of the Planning & Zoning Board/Local PlanningAgency for December 1 S, 2021 as presented and was seconded by Chair Robertson. Motion passed 34. III. PUBLIC HEARINGS 1. RZ-067-21: The applicant, property owner John Schaaf, requests a rezoning from the Single -Family Estate Residential District (E-1) to the Multiple -Family (10 du/ac) Residential District (RM) for the property located at 4900 SW 31 Avenue. T/te Applicant and Staff who were to speak on this agenda item were sworn in by City Attorney Eve Boutsis and any other speakers would be sworn in as they came along. Senior Planner Anne -Christine Carrie gave a PowerPoint presentation explaining the variance request to rezone the property from E-1 to the RM zoning district. She said that the subject property was a 12-acre parcel developed for a single-family home and she displayed a map showing the location of the property. Ms. Carrie explained the surrounding neighborhood uses. The requested rezone would allow for the development of seventy-six townhomes (sixty by -right and sixteen assigned Flex Units). It was previously stated that the corrected Staff Report was on the dais and the board members were to peruse that one. Ms. Carrie said that although the RM zoning district was not consistent with the L-5 FLUM, the flex unit assignment allowed the amount of density permitted by the RM zoning district (10 du/ac). The associated site plan and plat would be heard separately by the City Commission and she showed what the site plan should look like. Senior Planner Carrie went over the rezone criteria and told the board members that they had to make a recommendation to the City Commission tonight. The applicant submitted a justification statement demonstrating consistency with the rezone criteria and also held a virtual outreach meeting on December 1, 2021 with property owners who were within 1,000 feet of the subject property. Staff was recommending that the Board recommend approval of the Rezoning Ordinance to the City Commission. It required two City Commission readings. She infoi•�ned that the applicant was present. Chair Robertson asked if there were public meetings and did anything come from that. The Assistant Director Community Development Corinne Lajoie said that Public Outreach did occur and Mr. Mele could speak regarding that. Mr. Mele said that his consultants were also here and they were sworn in by the Assistant City Attorney. Attorney Dennis Mele introduced himself and answered who was in attendance at the Public Outreach Meeting on December first. He gave the Board a PowerPoint presentation and from the Land Use Map slide, he explained units per acre for the surrounding properties. He said that the subject property would come out to be 6.333 units per acre (12-acre site with 76 units). The RM zoning allowed ten units but they would have less. He reminded that the only thing voted upon tonight was the rezoning and not the site plan. He showed a slide of the site plan so that everyone would be aware of what they were doing. He said that at the Outreach Meeting, his Civil Engineer was asked about drainage and the Civil Engineer said he designed it for the 100-year storm. At the end of the PowerPoint presentation, Mr. Mele answered the Chair that at the Outreach Meeting people had concerns which would be talked about tonight. He further answered the Chair that the 12 acres were for both the land and the water. Mr. Mele also showed pictures of a similar townhome development they were constructing in Naples so anyone attending tonight saw comparable elevations, layouts, etc. Board Member Hankerson said that he would like to ask his questions after hearing from the public. The Chair opened up public comment. Carlos Gonzalez was sworn in and said he lived in Coco Plum and was here for himself and others in the Coco Palm Homeowners Association. He wanted to acknowledge the applicant for letting them know their intent with the development. Mr. Gonzalez was not against the development but was here to voice concerns/questions. 1. The site plan did concern them because of building separation Even though tonight had nothing to do with the site plan, they were objecting to the buildings on the north side. They would like the designer/developer to consider a different solution maybe something similar to what they offered the east side of the development. He did not want the developments to be looking into each other's windows. 2. Another concern was SW 31St Street. This was not the safest road and now there would be another component to that street. What traffic calming or solutions would be offered to prevent a dangerous situation due to even more trips, etc. 3. Even though drainage was addressed, he spoke about the backyards. There was going to be a ditch that could turn into a canal during bad storms. 4. There was concern for wildlife and noted that the wetland has been there for a very long time. They enjoy seeing the migratory species. He requested the Board consider this when voting on this application. Martha Moore lives in the townhomes to the west (Key North) of the proposed development. She echoed the concerns about vehicle safety on 31St Avenue. This used to be a very quiet road but not any more since GPS and people figured out how to get to Stirling Road. She said lots of people walk and bicycle on this road. She witnessed as 12 year old get hit on this road and she did not want to see anyone die there. She also echoed the wildlife concern. She just wanted to know how the City planned to keep the citizens safe. Conrad Taylor lived in Oak Ridge which was right in front of Key North. His concern mainly was the traffic on 315t Avenue. His development got the notice for the December lst meeting later than everyone else and he explained why. He gave details about the drainage and that there was supposed to be a three- footpole that went to the Dania Beach Cut -Off Canal. He would like the City to look into the drainage and the traffic plan. There was no way to widen the road there. He was okay with a new development coming into the area but with townhomes they would be looking into each other's windows. He wanted the City to consider what was going to be built in this area and how the traffic would be affected before anything was to be built. The speeders and the drivers have gotten worse. His development seemed to be forgotten but he was requesting answers and timely notifications. Hybrid Planning nnrl Zoning Board/Local Planning Agency iY7inrrtes 2 Jnrurmy 26, 2022 Attorney Dennis Mele responded on behalf of the applicant and said that in no particular order, he would answer regarding the concerns raised. He said that in the packet was the notice list and they used the same notice list as the City used for tonight's meeting. Everyone was properly noticed. For concern of traffic on 31St Avenue, they did do a traffic analysis. That traffic analysis would be reviewed by the City Engineering people and when the site plan went to the City Commission, all of the traffic issues would be addressed. If something was needed to slow down speeders, they would participate in doing that during the site plan approval process. They did a wildlife survey and there were no threatened or endangered species for either plants or animals on this property. Regarding the drainage, this should be their least concern of all the issues. The County, the Environmental Protection Department, South Florida Water Management District, and the City Engineer would all be reviewing the plans. The water for the development came from the County and we did not study the drainage for this property in Hollywood. Pedro Caraballo lives in Coco Plum and said he was the president of the board in his community. He questioned if they needed to add more people to this area and to change the zoning. There was already more traffic and speeders. There was also flooding in the streets when it rains. The City did not keep the trees on the sides. There were about six or seven developments less than a mile from Coco Plum and more density was not needed. Attorney Dennis Mele responded that the wildlife issue was the same regardless of how many homes were constructed on the property. The same thing applied for drainage. You have to provide drainage for the whole property regardless of how many homes were built: They were not asking for ten units per acre but rather 6.3 units. In terms of traffic, you could have congestion or speeding but you could not have both. If there was congestion, there could be no speeders. Their study showed that the road had plenty of capacity but people were speeding. They would be happy to participate in any effort to help stop the speeders. He understood that 31Sr Avenue was a City street. Carlos Gonzalez asked to speak again. He thought this land was zoned for 5 units per acre. Assistant Director Community Development Corinne Lajoie said that it was 5 units per acre based on the future land use plan. Mr. Gonzalez said that Attorney Dennis Mele was stating that he was under the threshold based on neighboring developments but he was actually going above the density that was meant to be for this property. Sixty units was the vested right for that properly and they were asking for seventy-six units. As a result, they would be cramped and made to suffer because the density has gone up sixteen units. He just wanted to make that clear. Attorney Dennis Mele said that they would produce a line of sight diagram before the site plan would go to the City Commission. This would show that you would not be able to look into the window of one townhouse and see into one in the next development. That was not going to happen. Assistant Director Community Development Corinne Lajoie answered the Chair that tonight the Board was only making a recommendation to the City Commission regarding the rezoning. As there were no further public comments/questions, the Board was asked if they had any other concerns. Derrick Hankerson asked Carlos Gonzalez that with his concern for wildlife, did he have a specific species in mind because what was described was typical for development in South Florida. He himself was a former neighborhood association president so he has empathy for those people who were representing the people in their community. He apologized to Conrad Taylor about notification being two weeks late in his community. Trying to fix this problem with the mail still has not been accomplished. Mr. Hankerson spoke about the use of some traffic calming devices. Conrad Taylor said that there were protected species in or by the lake like alligator gar (Atractosteus spatula) and others that include but not limited to eagles, vultures, migratory birds, tarpon, and red tail fox. He said 31 sc Avenue was crowded during the day and the speeders came in the evening. There were no other questions/comments from either the Board or the Public. The public hearing closed. Motion was made by Derrick Hankerson to recommend approval of this agenda item (RZ-067-21) to the City Commission and was seconded by Traian Thomas Popescu. Motion passed 3-0. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. Assistant Director Community Development Corinne Lajoie said that this would be reported next time. 2. Upcoming Meeting Date: February 16, 2022 Hybrid Planning and Zoning Board/Loca! Plmu:ing Agency Minutes 3 Jruraar�� 26, 2022 V. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 8: OIPM. ATTEST: �'EL LARIOS / OARD CLERK (Date) jj�l��zv W. QUIN ROBERTSON, CHAIR PLANNING AND ZONING BOARD (Date) (�..Il���� 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. Hybrid Planning and Zoning Born�rl/Locrr( Planning Agency Mirurtes 4 Jrn:rrary 26, 2022