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HomeMy WebLinkAbout2022-02-16 Hybrid Planning and Zoning Board/Local Planning Agency MinutesDANIA BEACH SEA IT. LIVE IT. LOVE IT. HYBRID MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY WEDNESDAY, FEBRUARY 16, 2022 7000 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 REQUIRED. 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 DISABILTTIES 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. Acting Board Clerk Eleanor Norena announced that if you plan on speaking tonight and attend virtually, please raise your hand when it comes time for public comment. If you are in the audience, please come up and you will take turns as was done at the Public Outreach Meeting. You will have three timed minutes, so please be cognizant of your time. I. ROLL CALL The meeting was called to order at approximately 7:OOPM by Chair W. Quin Robertson. Acting Board Clerk Eleanor Norena called the roll. The Chair and four board members were attending in person. Chair W. Quin Robertson, PhD, GISP Present Eve Boutsis, City Attorney Vice Chair Albert C Jones Present Eleanor Norena, CFM, Director Comm Dev Jonathan Thomas Present Corinne Lajoie, AICP, Asst Director Comm Dev Derrick Hankerson Present Richard Lorber, AICP, Planning and Zoning Manager Traian Thomas Popescu Present Ibel Larios, Acting Board Secretary II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the January 26, 2022 hybrid regular meeting. Motion was made by Vice Chair Jones to approve the minutes of the hybrid meeting of the Planning & Zoning Board/Local Planning Agency for January 26, 2022 as presented and was seconded by Derrick Hankerson. Motion passed 54. III. PUBLIC HEARINGS 1. VA-005-22: The applicant, property owner Lina Maria Marquez, requests a variance to split an existing single-family residential lot in the Residential Single -Family (RS-6000) zoning district into two (2) separate lots measuring 51.75 feet wide, where sixty (60') feet lot width is required in the RS-6000 district, for the property located at 4985 SW 27 Terrace. City Attorney Eve Boutsis explained how the process would work for tonight's meeting. The applicant, staff, and people in the audience who were to speak or request to speak on this agenda item would be sworn in by City Attorney Eve Boutsis. Any speakers attending virtually would be sworn in as they came along. After the swearing in, Staff would go first and give their presentation and then the Applicant would be given their time to speak. The Board at any time could ask anyone any questions of the Staff, Applicant, and/or the Audience (no matter if they attended in person or virtually). After the Audience spoke, it would be closed and then it was up to flte deliberation of this Board to make a decision. Ms. Boutsis t/ien swore in anyone wlto was testifying today on the frrst application. Assistant Director Community Development Lajoie said that Planning and Zoning Manager Richard Lorber would make this presentation. He was in attendance virtually and was sworn. Mr. Lorber gave a PowerPoint presentation showing where the property was situated on a location map and stated that this variance hearing was advertised, posted and noticed. The applicant proposed to demolish the existing home and split the property into two separate but equal single-family lots of 7,962 square feet. The variance request was to permit a lot width of fifty-one feet and 9 inches (51.75'). Section 205-10(A) of the Land Development Code (LDC) required sixty feet (60') lot width. The applicant was requesting to waive the minimum lot width of 60' and permit the two lots to be 51.75' wide. He showed the survey as it existed and the proposed survey depicting the proposed lot split with asingle-family home on each lot. The two lots were more than large enough and exceed the minimum lot area of 6,000 sq. ft. They each were 7,962 sq. ft. Only the width required the variance. The homes met all other aspects of the LDC. Article 625 of the LDC allowed the City Commission or the Planning and Zoning Board, if applicable, after holding its public hearing with Staff and Public input, may deny, approve or approve with conditions the application for variance, based upon its determination that the request met the variance criteria in Section 625-40. There were five criteria and Mr. Lorber went over all of them. Staff recommended approval of the variance application which met all the requirements of Article 625 in the LDC for variance applications. He called for Board questions and said that the applicant was in attendance tonight as well. Mr. Hankerson asked if for both homes, would there be room for three cars to park and John Chidsey said that Lina Marquez is the owner and is his wife. They would be two-story homes built to code and that would increase the taxable value. He said that the parking would probably handle four to five vehicles. Mr. Thomas wanted to know if the homes were for sale or something for them to occupy and Mr. Chidsey said one home would be for his wife's retirement plan and she would sell the other home. As there were no other Board questions, the Chair opened up public comment. Ted Kay, resident, asked that in order to grant a variance, was there supposed to be a hardship and he was answered that hardship was not in their code. There were no other questions/comments from either the Board or the Public. The public hearing closed. Motion was made by Vice Chair Jones to approve agenda item (VA-005-22) and was seconded by Derrick Hankerson. Motion passed S-0. Assistant Director Community Development Lajoie asked the Chair to read the next agenda item into the record so they could continue it to date certain of March 16, 2022 (f they continue it to date certain) and notify everybody who is present so they would not have to re -advertise for the next meeting. 2. RZ-055-21: The applicant, 3851 Stirling Holdings, LLP, is requesting rezoning from the Single -Family Estate Residential District (E-1) to the Planned Residential Development District (PRD-1) for property generally located at 3851 Stirling Road (TO BE CONTINUED) Assistant Director Community Development Lajoie explained that the Applicant requested that this agenda item be continued to the March 16, 2022 Meeting. Motion was made by Derrick Hankerson to continue this agenda item (RZ-O55-21) to the date certain P&Z Meeting of March 16, 2022 and was seconded by Vice Chair Jones. No one from the public wished to speak on this continuance. Motion passed 5-0. 3. LU-013-22: The applicant, the City of Dania Beach, requests an amendment to the Future Land Use Element of the City's Comprehensive Plan providing additional dwelling units within the Regional Activity Center. Hybrid Planning and Zoning Board/Locat Planning Agency Minutes 2 February I6, 2022 Assistant Director Community Development Lajoie explained that she would be making the PowerPoint presentation for the Department. The request for tonight was an amendment to the Regional Activity Center (RAC) land use category by adding an additional 4,000 dwelling units and reducing commercial use by 30 acres. The information she was sharing this evening was shared last week at the Community Outreach Meeting. She showed the location of the RAC on a map stating that it was a re -development area that was established by the City in 2010. At the time of establishment, there were a number of units assigned to this area which was 1,300 acres in size. There were multiple parcels involved and the units were not site specific. They were requesting the additional dwelling units within the RAC so that they could have them when they were needed or wanted. The City was getting low and it took twelve years for that to happen. It was envisioned that this replenishment would last a number of years. The purpose of the RAC was to encourage investment. The original allocation was 7,818 residential dwelling units and 7,027 were approved but not all were built due to the governor issuing executive orders that allowed development orders to be extended beyond the timeframe of the LDC. The result was that the dwelling units get locked up and we could not touch them once they were approved and assigned to a site plan. The amount of residential units that were built or in the process of being built was 4,919. The number of units that remain unaccounted for and available was 791 and that was why the City was asking for a replenishment. She said to note that there were 2,899 dwelling units vested in perpetuity because of the governor's executive orders. A dwelling unit was a residential unit with a kitchen and there were many different types of dwelling units. A duplex would be considered two units and asingle-family house would be one unit. A townhouse could be as many units as the townhouse has. There were many other different types that include but not limited to affordable housing, workforce housing, condominium buildings, etc. The RAC was created as a result of a Slum and Blight Study. The replenishment process for the RAC could take 12-14 months because of the layers of approval needed. We did start the process and the Board's action today was a recommendation to the City Commission. If it gets City Commission approval, she spoke about all the steps after that and the requested number of units would reflect what our infrastructure could support. The number could go down from 4,000 but never up from what was requested. She explained that traffic would continue to increase whether Dania Beach continued to develop or not because of the continued growth in surrounding cities and our desirable location. We were encouraging development along major corridors and preserving existing neighborhoods. Tonight, the Planning and Zoning Board was acting as the Local Planning Agency and has to make a recommendation to the City Commission about the amendment to the Future Land Use Element of the City's Comprehensive Plan providing additional dwelling units and revised commercial use within the RAC. Staff was recommending that the Board recommended approval to the City Commission. Staff was available for any questions. City Attorney Boutsis said that on the dais there was another version of the City Ordinance as there was one change regarding Section 6 that no one would be able to submit an application to try to use these units until after second reading. She spoke about possible new rules in the code for things like iconic buildings, green buildings and net zero initiatives and we did not want people having a vested right in the old rules. Chair Robertson wanted to know what the infrastructure analysis being processed today was for and Assistant Director Community Development Lajoie said that it was for the replenishment of 4,000 dwelling units. Mr. Hankerson wanted to know if we had to adjourn as the Planning and Zoning Board and re -open as the Local Planning Agency. The City Attorney said that we could do it as one because the Board's authority as the Planning and Zoning Board was to be the Land Use Authority. Mr. Hankerson was answered by the Assistant Director Community Development that Land Use and Zoning work together but when we would be out of units (in the RAC), no residential development could happen. Mr. Thomas wanted to know the trend to using the units over the years. The Assistant Director Community Development said that the units have been allocated at a faster pace recently. She further answered him that she was unsure what the market would be like in the future. We might be riding a spike now. Mr. Thomas wanted to know if there was a way to allocate a certain amount of units to a certain type of building and she answered that it was done that way but the County did give them the ability to convert. Mr. Thomas spoke about the analysis and the Assistant Director Community Development said the consultant was here who put together the analysis. She reminded that it took into consideration the infrastructure improvements done over the years. The Assistant Director Community Development answered Mr. Hankerson that a residentially zoned property could not be built in the RAC Hybrid Planning a�:d Zoning Board/Local Planning Agency Minutes 3 February I6, 2022 by someone who owned a lot, if this item did not move forward and we ran out of the remaining almost 800 units. The second part of that question was about someone owning a lot in the western part of the City not in the RAC, and she told him that whatever happens here tonight did not affect the western part of the City. Vice Chair Jones asked about water capacity and the 4,000 units and he was told by the consultant, Leigh Kerr, that this was an important part of the analysis and the City could meet that capacity. Vice Chair Jones said that he saw more flooding within our City and wanted to know if we were shoring up our drainage system. Mr. Kerr answered and Assistant Director Community Development Lajoie added that the City was undertaking the largest drainage project it has ever done costing $25 million. She further clarified that as a site plan comes in front of them, they do look at the drainage for each project of how the water was retained onsite. Community Development Director Eleanor Norena explained to Vice Chair Jones that the City looked at different types of homes based on the market to include all forms of residential dwelling units like single-family, affordable housing, etc. As there were no further Board questions, the Chair opened public comment. The Acting Board Clerk reminded those wlto were attending virtually to raise their hand and if you were in person in the audience, come up to tlee podium. The Chair reminded about the three -minute time allotment for public comment. Below was a summation of what was said by the members of the public and is not limited to what was typed below: Dean Harley, resident, did not want this in his neighborhood. This was 4,000 more units instead of zero. He spoke about the yellow water that comes out of pipes and other things like the staging area at the airport looking terrible. Now more slum and blight. Let's clean up the City where it needed to be cleaned up first as we don't need more houses and congestion. Wait awhile. We need permeability. He did not want this to go through. Jeanette Lago, virtually attending resident, said she was west of I-95 but this did affect everyone in Dania Beach. Everyone west of I-95 was very concerned. We did not need more housing. Traffic was already horrific. Drainage was a problem and so was flooding. She wanted to know if the remote working survey was done in Dania Beach. She did not get one. Wants to know if she would get notice of the Broward County Hearing. The free transportation offered would not work and was not a solution. We did not want more growth. Can't make a left turn onto Griffin, so don't encourage development there. Please don't pass this request. Nicole Vernin, resident, did not want this. Why was the dilapidated home not a picture from Dania Beach? Only billionaire developers were benefitting from this 4,000 home replenishment. They were building up their profits and also build rentals to be paid in perpetuity. Per Mr. Jones' point, as a realtor she sees people fighting over rentals. You need a car in Florida and not walkability and not public transportation. Do not overpopulate our small City, congest our roads, overcrowd our schools and exhaust our infrastructure. If this was already a done deal, we have to look at that. There was no one else online wishing to speak. Janet Mccombes, resident, said that she wanted to know (1) why this wasn't the whole City and just the RAC, (2) what happens if we get this and there is a bust and no one moves here, and (3) do we have applications pending to use up the 4,000 homes? Assistant Director Community Development Lajoie answered that (1) the RAC is a re -development zone to encourage investment and there were State regulations as to what qualifies for this area, (2) because of the governor's executive orders if units were locked up through executive orders, we cannot retrieve them, and (3) we have an Ordinance that would be under new rules to keep interest and give incentives to encourage development. Jerry Genge, resident, said that the traffic problem did not have boundaries. By adding 4,000 new units and other cities driving through our area, it was horrible. He lived here 34 years and adding 4,000 new units would not fix the traffic problem. He did not understand this. Hybrid Planning and Zoning Board/Local Plani:ing Agency Minutes 4 February 16, 2022 Ted Kay, resident, said that we produce in Dania less than 50% of our water and the rest was imported. We have no sewer plant and outsourcing was not a good plan. The traffic was horrendous and the buildings under construction now would add to the traffic plus the 4,000 residential units now being requested. He thought that Mr. Hankerson's question about someone being able to build if they had a lot already in the RAC was a good question. A nice way to do things would be a City vote by the taxpayer. This would take the commissioners off the hook. He used to be a mayor. He would like to put this up for a vote. He suggested that anyone who has a vacant lot there would be good to go and do what you want with the rest. Don't mess with the zoning. It was clarified for those in attendance that the 4,000 dwelling units were not built yet and were not allocated. The City was just replenishing to have those units, if they were needed. Gloria Black, resident, wanted to know if the report they got in 2010 was sufficient for 2022. Something had to change or maybe shift. Assistant Director Community Development Lajoie said that in 2010 when the RAC was established, we got the number for what zoning would allow for densities based on the existing land use before that area was converted to the RAC. That was how they got the original amount for the over 7,800 units. That was just a starting point that was re -formatted into the RAC to encourage investment in the area. The original number was not a maximum count. This new request was to allow for a diversity of housing concentrating on those corridors and to accommodate vehicular trips while preserving existing neighborhoods. This would enhance the live/work/play that was trying to be achieved in this re -development area. All of the changes that Ms. Black asked about were in the Leigh Robinson Kerr report and was the basis for the 4,000 dwelling unit request. Ms. Black said she was not for the request but hoped the City would do a new study and not go by what we did in 2010. Ms. Lajoie said that the analysis for this new request depicted that we could support the 4,000 dwelling unit request. She further explained that if this was approved by the City Commission, it would go to the County for their review to see if they concur with our finding. Terrell Mccombs, resident, said that the zoning of his single-family home was changed without his knowledge in 2010. There was a scribner's error and everything was being pushed too fast. Twenty-five years ago, the City had a plan for alleviating the traffic on U.S. 1. The City's Downtown was on U.S. 1. We could not support any more traffic and hoped the Board would reject this tonight. This was a different environment and not Dania anymore. Assistant Director Community Development Lajoie commented on what was previously said. The City was not building a bridge on West Dania Beach Boulevard. There was great discussion about that and there was a vote. The Director asked for more public comment but no one online and no one in the audience wished to speak. However, one person online did request to speak. Sandra Kralik, virtually attending resident, said that there would be more apartments built in her neighborhood. She was concerned and felt that her neighborhood was being affected. She would prefer hotels because the people would come and go and not be here permanently but they would be spending lots of money. Public comment closed and the Chair called for Board questions. Mr. Thomas understood and sympathized with the residents. We all live here as well and experience what you experience. He asked again for clarity, if the 7,800 plus dwelling units held the City for twelve years, can we aim for a lesser number other than the 4,000? Assistant Director Community Development Lajoie said that 4,000 was the maximum and we could ask for a lesser number. The analysis was based on 4,000 dwelling units. If the City Commission approved this, it would go to the County for their review to see if they agree with our analysis. The County could change the number down from 4,000 but the number would not go up. He further asked if the Commission could reduce the number from 4,000 and she said that the Commission could revise that number. The analysis was done with the inclusion of the improvements to the City's infrastructure. Ms. Lajoie said that the analysis was done in December 2021 when Mr. Kerr was hired. For clarity, the analysis for this request was the one just recently performed in December 2021. The Director Community Development said that the 4,000 units were not allocated and not going to be built. When they are built or allocated to a developer, the developer would make infrastructure improvements to support their property as well. Everything that has happened since 2010 Hybrid Planning and Zoning Board/Local Planning Agency Minutes 5 February 16, 2022 used up most of the dwelling units and the City only had 791 left and that was the reason for the 4,000 dwelling unit request. The Chair granted another question from the public. Dean Harley, resident, asked who paid for the survey and analysis and Assistant City Attorney Boutsis said that the City Commission paid for it. Mr. Harley said that by default it was a biased analysis based on statistics. Public comment closed and Board questions continued. Mr. Hankerson said that he was not a studied or credentialed planner. He was a resident. However, when we hire experts and staff who were members of professional organizations, and this was what they do, he did not typically take it lightly. He had to take their opinions because they studied this. He asked if the RAC only went as far as Old Griffin Road with the exception of the east part. Director Community Development Norena answered in the affirmative. It did not go into Griffin Road. Vice Chair Jones said that change happens and sometimes we did not like change because it affects us in such an uncomfortable way. He realized that the residents were uncomfortable with the change. He asked Ms. Norena if this ran continuously with the CRA boundaries and within the CRA boundaries and she answered in the affirmative. He said there were dilapidated areas and underserved areas and he did not know if this would help or hurt. There was still gentrification to come and he was unsure if that would help or hurt. We could stay as we are and hope that things would blow over. He was torn right now and Ms. Lajoie answered that the purpose for tonight's meeting was for a recommendation to the City Commission and the analysis was provided in the backup. If it went forward from here and from the City Commission, the analysis and the backup would be presented to the County. The timeframe was to allow the County and the State agencies their review. She addressed some comments and said the RAC was a re -development area of 1,300 acres. The RAC and CRA do share boundaries of the same area. The intent was not for gentrification to occur. It was really to focus development within the existing business district and along the corridors. Ms. Norena said that based on the analysis, the City could support the 4,000 unit count. If the County and State review the application and determine a number less than 4,000, the number would be reduced at that time. It had to go through multiple reviews and the 4,000 dwelling units were not a guaranteed number. We asked for 4,000 because the analysis depicted that we could support that number. Chair Robertson said that he was conflicted as well. Their purpose tonight was to make a recommendation to the City Commission. He appreciated all the comments from the public but he would hate to tie the hands of the Commission. He did not take this matter lightly. Mr. Hankerson had a comment. He was not going to bring this up but he told a story about his mother's uncle in Dania in 1939 and that he would be appalled at the number of people living in Dania right now. He further spoke about vibrant places in this country where there are no people now. Young people move out. He was not for 4,000 dwelling units being brought online right away but things were going to change. There were no other Board questions. Motion was made by Derrick Hankerson to approve this agenda item (LU-013-22) and move it to the City Commission was seconded by Vice Chair Jones. Motion passed 4-1 (Board Member Thomas opposett:) City Attorney Boutsis answered someone in the audience that the report was online and it could be gotten from the agenda. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board Assistant Director Community Development Corinne Lajoie said that two actions seen by the Board have passed at the City Commission on lst and 2°a reading. They were both text amendments which she explained. City Attorney Boutsis explained why she pulled from the agenda the Ordinance she drafted on Telecommunications. 2. Upcoming Meeting Date: March 16 2022 Hybrid Planning and Zoning Board/Local Planning Agency Minutes 6 Februmy 16, 2022 There would be a meeting Mr. Hankerson reminded that tomorrow was Random Act of Kindness Day in the U.S. V. MEETING ADJOURNED As all business was frnished and without objection, the meeting was adjourned at approximately 8: 32PM. ATTEST: ' 1 � • 1 :••_�� (Date) �� � I �Q �2iZ 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 Ptanni�:g and Zoning Board/Locat Plm:nit:g Agency Minutes 7 Febrrrru}� I6, 2022