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Home My WebLink About2022-04-20 Hybrid Planning and Zoning Board/Local Planning Agency Agenda Packet' V C/TY OF OAN/A BEACH _ PLANNING AND ZONING BOARD /LOCAL PLANNING AGENCY HYBRID (IN PERSON AND VIRTUAL) MEETING Zoom Maeting ID: 880 2253 '1279/ Passcoda: 083882 Wednesday, Aprll 20, 2022 sDEe�n uAve 6E� �i 7:00 PM I. ROLL CALL II. APPROVAL OF MINUTES 1. Approval of Minutes of th¢ Planning and Zoning Boartl/ Local Planning Agency From the March 16, 2022 Hybrid meeting. III. PUBLIC HEARINGS 1. RZ-55-2Y: The applicant, 3851 Stirling Holdings, LLLP, is requesting rezoning (zoning map amendment) from the Single- Family Estate Residential District (E- 1) to the Planned Residential Development District (PRD-I) and application of flexibility for property generally located at 3851 Stirling Road. (Contrnwed,from March 76lt' meeting). 2. TX-19-22: The applicant, City of Dania Beach, is requesting a text amendment to the Public Art Program as identified in the City's Land Development Code. TX-29-22: The applicant, City of Dania Beach, is requesting several text amendments to the City's Code, to adopt amendments and refinements to the Land Development Code. N_ BOARD ITEMS 1 . CiTy Commission actions on items previously heard by the Board. 2. Upcoming meeting dates: May 18, 2022 V. MEETING ADJOURNED Plonning an,! Zoning Bond/ AGENDA H: ICom„uen/tr Dev¢loonent Wnrh Foldenl—PZ BnnrcRP-Z Anrndos11011 ® HYBRID MEETING MINUTES CITY OF DANIA BEACF-I PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY DaNIA BEACH WEDN ES DAY, MARCH 16, 2022 xan.u�.c a.rns �. 7:00 PM s gryQAy�sv$i.�.¢- P ON STA'�'ewfewi ANta P.,Y ANeANNVwl owe a�uHuaE oOHLnrt3 (SIN. O)REG Siawiao�H ��e¢{�OR f�aomwwce wml¢-os. _ f sxou..o co n i' TH! CITY Cl6M1¢'S sxieN5loNp�su A� r�RrRs O n Ortt✓..nC¢ ON� C4LL. Pl6/se sieP Oa1T Im O Tlif ATRWan, w o.mert rvoi I. ROLL CALL The meeting was called to order at approximately 7:02PM and Board Clerk Ibel Larios called the roll. The four Board Members and Staff were attending in person. Chair W. Quin Robertson, PhD, GISP Absent Eve Boutsis, City Attorney Vic¢ Chair Albert C Jones Absent Eleanor Norena, CFM, Director Comm Dev (virtually) Jonathan Thomas Present Corinne Lajoie, A1CP, Ass[ Director Comm Dev Derrick Hankerson Present Richard Lorbeq AICP, Planning end Zoning Manager Traian Thomas Popescu Present Ibel Larios, Board Clerk Charlotte Sloboda (Alternate) Present City Attorney Boutsis explained that since the Chair and Vic¢ Chair were absent, someone should be selected to run this meting. Motion was mode by Jonathrsn Thomas to s¢/ect Derrick Hankersan to ruu mdrsy's meeling arrd wns seconded by Charlotte Slobod». Motion pnrs¢d 4-O. The Pledge o£ Allegiance waa recited. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board /Local Planning Agency £rom the February 16, 2022 hybrid regular meeting. Motion wns mrsde by Jonathon Thomrss to approve th¢ minutex of tlr¢ hybrid meeting oJth¢ P/analog B. Zoning Board/Lrsca/ P/anntug Agency for February I6, 2022 rss pr¢ser+t¢d mrd was s¢cond¢d by 7Yrstan Thomas Popescu. Motion passed 4-Q III. PUBLIC BEARINGS I. RZ-35-2I: The applicant, 3851 Stirling Holdings, LLLP, is requesting rezoning from the Single -Fatuity Estate Residential District (E-]) to th¢ Planned Residential Development District (PRD-I) for property generally located at 3551 Stirling Road. (TO BE CONTINUED) City Attorney Boutsis ezplained thrst ¢v¢n t/tong/� this rsge»drs hens was to b¢ continued, the puht/c was to be invited to speak. Maurice Grny, vtriva/!y attending, wos sworn in by t/se Gty Attorney. He stat¢d that his prap¢rty was /ocated on th¢ west side of the proposed dev¢/apmwrt. A!/ dse properties rsround t/iere wer¢ singe jnnd/y honr¢s and now a d¢v¢/opm¢nt warr[d b¢ broug/rt in. R'ith nror¢ penpt¢ turd rspartmenls, ther¢ would b¢ more trim¢, cmtgestton, trrs,�q ¢tc. He obf¢cted to t/sis proJecl heing bui/Y t/tere at t/eis point in tiro¢ rsnd also objected m tb¢ rezwiLtg. He woe/d /!h¢ to see » deve/npnr¢nt Umt included si»gle; fanri/y /romes. T/r¢ City Attnrirey exPtaln¢d Nrrst the o»/y ihir�g prnpored tonig/it jor lhis ng¢nda item wns the comirrumice to th ¢ n¢x[ mee/iug. She rssk¢d i/Iher¢ was rsaa opposiliva+ !o fl ¢aqua/ conlinuwnre and Mr Gray said h¢ wns not oyposed to the cunlinumac¢. Assistant Direcor Community Development Lrsjoi¢ furHser exp/aiued that this won/d be conliuu¢d !u Y/ee Apri/ 20, 2012 nre¢ting. Motion was made by C/rnrlolle Siobodrs to cantina¢ obis ugeazda t!¢m (RZ-55-21) to t/re next meeling used was seconded by Acting Chair Hank¢rnon. Motion passed 4-O. 2. WA-15-22: The applicant, Mirriam Fossati/Premier Cellars, requests a waiver fi�om [he one thousand (I,000') foot distance separation requirement pertaining to the sale of alcoholic beverages, For the property located at 2530 S State Rad 84, Unit 107. (TO BE CONTIN UE�) Assistant Director Community Development Lajoie explained that the Applicant requested Yhat this agenda item be continued to the April 20, 2022 Meeting. They were working with a managwnent company on the property. The Acting Chair asked if anyone wanted to comment on the possible continuance requested for this property. As no one in the Chamber or online requested to speak, the Chair called for a motion. Motion was made by Jonutlaan Thomas m Conlin eee Heil agenda item (WA-15-21J to Ue¢ Apri/ 20, 2022 meeting and wrss seconded by Truinn TLaonms Popescu. Motion passed 4-O. Staff mambas were sworn in by the Assistant City Attorney. 3. VA-14-22: The applicant, property owner, Irina Loleskie, request a variance to permit a partial six (6' O") foot high Fence on a portion of the £root oFthe property line, where a maximum o£ four (4' O") feet of height is permitted, For the property located at 4561 S W 25 Avenue. Planning and Zoning Manager Lorber explained that he would be making the PowerPoint presentation for this variance application for a fence. He showed a map which depicted the single-family home's location which was owned by the applicant. There was a violation for the proposed fence. He exp]ained that Section 235-30 of the Land Development Code permitted a four foot high fence in the front yard in the RS-6000 zoning district and not a partial six foot high fence in a portion o£ [he Front of the property line. He also showed a schematic and a picture of the six foot fence. The applicant had eighteen letters in support of [he existing fence and gate. The sm'rounding neighbors were in support because of the applicant's safety, security, and privacy. The City did not receive anything in opposition. Mc Lorber went over the flue variance criteria and explained how the applicant met them. He said that Staff was in favor of the variance. He explained about the installation without an approved building permit. The applicant was in attendance this evening. City Attorney Boutsis said that this was in front of the Special Magistrate because it was put up without an approved building permit. The Magistrate allowed time £or compliance and one way to become compliant would be if this variance was approved. The property owner explained to the Magistrate that there were problems with a neighbor and that was why she needed a fence. The applicant, Irina Loleskie, was sworn in. She told the story about her neighbors (a man and a woman) across from her. Her £other is a contractor and he built her £ence for her visual safety among other things. Ms. Loleskie spoke about the neighbor's 4' dog and a 4' fence would not stop their dog. The female neighbor was okay with the fence but the male was not and complained to the City. She described her problems with the neighbor. The fence has helped her use her property and she begged to be able to keep it She did not want to move. Questions Rom the Board were called and 7onathan Thomas asked if there was a police report. Ms. Loleskie answered in the affirmative. She said that it did not help as the law is a shield and not a sword. Charlotte Sloboda spoke about the situation and recapped it briefly. Acting Chair Hankerson wanted to know if a licensed contractor installed the fence. Ms. Loleskie said that they have pulled a permit now as an owner/builder and her father, who built the £ence, is a licensed contractor. Mr. Hankerson said that contractors should know the rules. The Acting Chair asked if anyone from the public (in the Chamber or via Zoom) wanted to speak but no one requested [hat. Motion was mad¢ by C/ear/on¢ Sioboda m approve th¢ voriane¢ requesifor N1is agesadrs ia¢m (VA-14- 22) and wrss seconded by Jonrsthun T/�omrrs. Motion passed 4-O. HYbr/d P/nnn)x8 mnl Zoning SoarNLocof P/aunang Ag¢ncy Mlnua¢.v 2 Morc! !6, 2022 4. TX-19-22: The applicant, City of Dania Beach, is requesting a text amendment to the Public Art Program as identified in the City's Land Development Code. Assistant Director Community Development Lajoie explained that she would be making the Pow¢rPoint presentation for this agenda item. She said that to amend the City's Land Development Code, they needed to eliminate referencing the Cultural Art Council Advisory Board and establish the Public Art Advisory Board. City Attorney Boutsis said that the sunaetted Cultural Art Council Advisory Board had a difFcult time achieving a meeting quorum. Ms. Lajoie said that Staff has been working on the subject of public art since 2019 when the City established the Public Art Ordinance. She spoke about the Public Art Advisory Board (PAAB) and the composition of its membership. There would be seven members made up of both Dania Beach residents and Broward County residents, the City Commission would appoint on¢ City Commissioner to sit as a liaison to the Board, the things members must be knowledgeable in, etc. Slte also went over a list of duties and responsibilities. Since this was a new direction for the City, they have hired an art consultant to administer the public art program who was online to answer any questions. Tonight was just for discussion to ensure we were in agreement. Formal action of the Board would occur on April 20, 2022 when the Board would make its recommendation to the City Commission. City Attorney Boutsis said that they could make their recommendation tonight but theta was an advertising issue and this would have to be brought back to the April 20`^ meeting anyway. Charlotte Sloboda asked about the board members who could either live in the City or live in the County (not all seven board members have to live in the City) and give recommendations to the City Commission about Art. City Attom¢y Boutsis clarified that it was really about the Art Funds. The City had dedicated funds coming in from developers when they did new construction valued over $ I,OOQ000 and paid a fee. As the City did new art projects and would use that fee, the Board would give a recommendation for spending those funds but the City Commission would decide about accepting or rejecting the recommendation. Assistant Director Community Development Lajoie spoke about the Board having a gent deal of art experience to help the City Commission with their art selections. Acting Chair Hankerson wanted to know if the budget would be developed by the Board and the Assistant City Attomey explained that the Board would develop it but the City Commission would approve it Mr. Hankerson said that the developers who contribute would have a new project valued over $1,000,000 at O-5 % . Ms. Lajoie answered that funds would come from only the developer's contributions, no other contributions. As this agenda item was re -advertised, no motion was needed for a continuance to the nazi meeting on April 20, 2022. Ms. Boutsis asked the Board Members, since there was no voting tonight, if they could inform the City Commission if the Board Members were supportive of the Ordinance for their first reading. They voiced that they were supportive. IV. BOARD ITEMS 1. C't� Commission actions on items oreviously heard by the Board. Not discussed. 2. U M £ D t- Ate; l 20 2022 There would be a meeting V. MEETING ADJOURNED As xr77 business wasJisxtshed and without objection, the meeting was odjournrd et opp>•oxtnxotety 7:35PM. ATTEST: HYhriri Plmuah,g � rn/ %nnlu& BonrNLocn/ P/mnxhxg A6rn Y M/oozes 3 March l6. 3023 IHBL LARIOS BOARD CLERK W. QUIN ROBERTSON, CHAIR PLANNING AND ZONING BOARD For more details regarding this meeting of the Planning and Zoning Boa/d/Local Planning Agency, please request a file of the meeting by calling Ibel Larios at (954) 924-6505 X3792 or emailing ilariosQdaniabeachfl.gov. Hyb+ld Plonn/+rg m+d Zonb+g BonndLornl P/m+ning Agen Y NlLx✓er 4 Mnreb )6, 1011 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DANIA BEACH STAFF REPORT SELR. LIVE RLOYE R. DATE: ApAI 20, 2022 TO: Planning R< Zoning Board acting as the Local Plla�nning Agency FROM: Eleanor Norena, CFM, Director � - ` � Cortn ne LaJote, AICP, Assistant Dir or c^.I^^=L=tm= _� w = Richard Lo rber AICP, Planning ffi Zoning Manager �a �` o�ep.m.m-.=e.•�=�•_ e^..^,.<.wea.�a..e.m SUBJECT: RZ-O55-21: The appifca nt, 3861 Stirling Holdings, LLLP, Is requesting rezoning from the Single -Family Estate Residential District (E-1) to the Planned Residential Development District (PRD-1) and an allocation of flexibility units and commercial flexibility for property generally located at 38515t1 cling Road. REQUEST REZONING Rezone from Single -Family Estate Residential District (E-1) to Planned Residential Development District (PRD-1). ALLOCATION OF FLEXIBILITY UNITS Allocate two hundred twenty-one flexibility (221) units and one-third (1/3) acre of commercial flex. PUBLIC HEARING NOTICE This item was duly advertised, posted, and noticed pursuant to Article 610 of the Land Development code. PREVIOUS ACTION At the March 16, 2022 Planning SL Zoning Board meeting, this item was continued to Apr1I 20`^ at the applicants request, to permit them to make modifications to the application. BACKGROUND The applicant is proposing to construct amixed-use development which will have retail/commercial uses on the building's ground floor fronting Stirling Road, and residential apartments above the commercial uses, along with townhomes along the eastern boundary of the property, providing a total of 231 units. The Townhomes serve as an additional buffer For the adjacent single-famtly homes. This request seeks to rezone the subject property from Estate Residential (E-1) to Planned Residential Development (PRO-1). The property's Future Land Use Map designation is also Estate Residential (E). The subject property lies between asingle-family residential community to the east and commercial properties to the west. It is also uniquely encumbered by the presence of large FPL power Sra nsmisslon towers and overhead power lines. To the extent that this proposed development can Planning Sa Zoning Board RZ-O55-21: Koosh Living Rezoning Sa Flex April 20, 2022 Page 2 till in this gap along Stirling Road with something that can be compatible with the surrounding land uses should be pursued. This would conform to similar redevelopments that the City has approved along Griff(n Road, and is ih keeping with the concept of increasing activity along designated transit corridors - Although concern has been raised by some adjacent homeowners to the east that the proposed development is Inappropriate, the design of the proposed development appears to have been prepared to minimize the impact on the neighboring homes. Taller buildings will be setback fiariher away from the residences and an effective landscape buffer will be placed along the property line adjoin ing the neighbors. REZONING Article 645 of the Cit�ls Land Development Code (LDC) states, requests For rezoning shall be referred to the Planning and Zoning Board for recommendation and the City Commission shall determine if the application meets the criteria identify in Section 645-40. The applicant's land use attorney Coker 8c Feiner has prepared a memo Identifying how their request is consistent with the required criteria. Below are listed the specified criteria, followed by a summary of the applicant response and then by Community Development Department stafFs analysis. (1) The request is consistent with the city's comprehensive plan. Applicant Response: The re -zoning request fs consistent with the C/ty's Comprehensive P/pn, espec/p//y Po/!ties 1.2 (ProvJde far o mix of resldentlo/ communit/es which wl// promote q diverse popu/orlon and o heq/thy env/ronment) and 5.1 (Encourage deve/opment to ¢nhgnc¢ the tax bos¢ of the community). This app/!cation inc/udes o requestforf/ex unit o//ocatlon. Once flex units ore o/located the proposed request is consistent with the City's Comprehensive P/on. Furthermore mixed use deve/opment Is consistent with th¢ City's Comprehensive P/an, esp¢cfo//y along arterial corridors The proposed PRO-1 Zoning O/strict serves as a we// -balanced transition between the odJocent prop¢r[ies Co the east and west of the subfect site. East of the site ore residential/sing/e family hams whl/¢ [o the west is a commerclo/ catering hall. Re -zoning the property to PRO-1, which allows mixed use, will o//ow the property to serve as a irgnsiHon between the commerclo/ and resJdenflo/ uses which this property is between. Staff Analysis: The analysis is correct regarding the Comprehensive Plan, flex units, and preference for mixed -use development. (2) The request is consistent with all applicable redevelopment plans, corridor plans, neighborhood plans, and master plans approved by the city commission. Planning &Zoning Board RZ-O55-21: Koosh Living Rezoning Sa Flex April 20, 2D22 Page 3 Applicant Response: The requested re-zon/ng is cons/stem with otl app/icob/e redeye/opment p/ons, corridor p/ans, neighborhood p/ons and master plans to the exfent that such p/ons exist for this ores. Furthermore, the request is consistent w/[h the requirements of fhe PRO-2 Zon/ng Distr/ct In terms of the amount offrontage on an arterial roadway and any commercip/ use on the property w7/! be consistent with the PRO-1 zon/ng requirements fora mixed use deve/opment. Staff Analysis: The analysis is correct regarding consistency with other plans. There is no redevelopment plan or neighborhood plan for this area. (3) The request would not give privileges not generally extended to similarly situated property in the area, or result in an isolated district unrelated to adjacent or nearby districts. Applicant Response: The re -zoning request wJ// not glue pNv!/eges extended to other slm!/oNy situated properties or resu/t in an iso/ofed zon/ng district The subject site the requirements of the PRD-1 District. A/ong the Stirling Rood Corridor there ore commercio//y zoned property wh/ch front Stlydng Rood with res/denrig//y zoned property behind the commerc/a/ property. The PRO Zoning Regulations o//ow for odeve/opment of at /east o 1 acre and sign/f/cant frontage v/ong on orteNq/ roadway. Spec/o/ pr/N/eges ore naY being granted. Staff Analysis: Staff agrees that the property would qualify to be developed under the existing PRD-1 development regulations. a. The request furthers the city's adopted community retleyelopment plan, if applicable. There ore not adopted community redev¢/opment p/ans for this area b. An error or ambiguity must be corrected. There is no error or ambiguity M the Code c. There exists changed or changing conditions which make approval of the request appropriate. Changed conditions exist. MJxed-use deve/opment oppeo/s to younger workers who look for essentip/ services nearby to the area where they qve. The mix means that both uses wi// thrive os the residents use fhe commerc/g/ a/ements of the deve/opment and the commercio/ tenants re/y on the res/dentio/ use for o customer base. As more peop/e work from home, to/ecommute or use rideshore or transit' it is vita/ for there to be nearby commercio/ uses to support the res/dentJo/ use. The mixed use zoning assists reta!//commerdo/ uses surv/ve os the /nternet, especla//y with on-./Jne delivery and purchasing, means that fhe time of the big box retoi/ estob//shmen is or stand-q/one commercio/ deve/opment seem to hove post os many of these stores are disappear/ng. Thus a//owing m/xed use and re-zon/ng to PRO v//aws appropriate use of the commerc/v//y zoned property, especla//y a/ong on ort¢No/ street. Planning � Zoning Board RZ-O55-21: Koosh Living Rezoning Sa Flex April 20, 2022 Page 4 tl. Substantial reasons exist why the property cannot be used in accordance with the existing zoning. The existing zoning district does not a//ow a mixed use de ye/opment. The setback and other requirements of these zoning districts do not take Into account the unique nature of a p/onned dey¢/opment, gs the PRO Zoning District attempts to accompNsh. With the property being burdened by FPffiL easements, the PRO Zoning District is th¢ on/y method by which o// of the property con 6e ud/lzed. e. The rezoning is appropriate for the orde rlY development of the city and is compatible with existing (conforming) adjacent land uses, and planned adjacent land uses. The re- zoning is appropriate for the order/y deve/opment of [he Clty. The re -zoning al/ows o mixed use project which !s not current/y a//owed !n the existing zoning districts, o/ong a major arterlg/roadway that meets the requirements for$ontoge and taro/ /at s/ze. /n addition, the re -zoning and the proposed deve/opment wou/d octuo//y o//ow uses that ore current/y permitted an adjacent /ands but in o more coherent manner. Staff Response: Community Development staff is in general agreement with the applicant's zoning trite ria statement and is supportive of the rezoning request. ALLOCATION OF FLEX The underlying Future Land Use Map designation of Estate Residential permits one (1) dwelling unit per acre, which would yield ten (10) dwelling units for this ten (10) acre site. The applicant's proposal is for two hundred and thirty one (231) units, therefore the applicant is requesting the assignment of two hundred and twenty one (221) residential Flex Units from the city-witle unified Flex Zone. Currently there are seven hundred and eighty four (784) flex units remaining in the City. The application of these flex units would permit the property to be rezoned to PRO-1 and permit the proposed development to occur without the need to apply to Broward County for an amendment changing the underlying Future Land Use Map designation from Estate Residential to a higher density multifamily designation. The applicant is also requesting an allocation of 1/3 acre of commercial flexibility to the southern portion of the subject site. Commercial office or retail uses are allowed on property with a residential land use, provided that the application of flexibility means no more than 5%of the area designated for residential is used for commercial use. In addition, the total area where the flex is being applied cannot exceed a total of 10 acres. RECOMMENDATION This application requires the Planning !3< Zoning Board to make a recommendation to the City Commission. This application will then require two (Z) readings at the City Commission. The PRO-1 Zoning District allows for mixed -use developments on arterial roadways, and this property meets the criteria for rezoning and application of flexibility. Therefore, staff recommends that this item be recommended for approval by the Planning g, Zoning Board. Planning &Zoning Board RZ-O55-21: Koosh Living Rezoning ffi Flex April 20� 2022 Page 5 we °�.: i':.o..i �4® PE.L'!P 9'.&Y' ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST, MADE BY ROD A. FEWER, ESQ., ON BEHALF OF 3851 STIRLING HOLDINGS, LLLP, FOR A REZONING (RZ-O55-21) AND ALLOCATION OF FLEXIBILITY UNITS AND COMMERCIAL FLEXIBILITY (OT-057-21) FOR PROPERTIES GENERALLY LOCATED AT 3851 STRILING ROAD IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WIIICH IS ATTACHED TO THIS OI2.DINANCE; CHANGING THE CUAI2ENT ZONING CLASSIFICATION OF THE PROPERTIES FROM ESTATE (E-1) TO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD-I ), SUBIECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVEAABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, "Land Development Code," ("LDC'� Par[ 6, "Development Review Procedures and Requirements," Article 645 `°Rezoning" of the City Code o£Ordinances (the "City Code"), 3851 Stirling Holdings, LLLP (the "Applicant") has applied to the City of Dania Beach (the "CiTy'� for approval of a Rezoning (RZ-O55-21) from E-lto PRD-1, an allocation of Flexibility ("Flex") Units and for an allocation of Commercial FlexibiliTy (OT- 057-21) of two hundred twenty one (221) residential units and one-third (1/3) of an acre of commercial FexibiliTy for properties generally located aT 3851 Stirling Road, as legally described in Exhibit "A;" and WHEREAS, the City Planning and Zoning Board, sitting as tlae Local Planning Agency, held a duly advertised public hearing on April 20, 2022, and recommended approval of the Rezoning (RZ-O55-21) and Flex Unit and Commercial Flex Allocation (OT-057-21) requests; and WHEREAS, the CiTy Commission conducted two (2) duly noticed public hearings in accordance with law; and WHEREAS, the City Commission finds that the approval of the proposed Rezoning (I2Z- 055-21)and Flex Unit and Commeroial Flex Allocation (OT-057-21) will protect the public health, safeTy, and welfare of the residents of the City, and further the purpose, goals, objectives and policies of the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "WI-IEREAS" clauses are ratified and incorporated as a record of the legislative intent of this Ordinance. Section 2. That pursuant to Chapter 28 "Land Development Code," Par[ 6 "Development Review Procedures and Requirements," Article 645 "Rezoning," the Rezoning request (RZ-O55-21) from Estate IE-I) tc Planned Residential Development District (PAD -I) for the property generally located at 385t Striling Road, as legally described in Exhibit "A," is approved. Section 3. That the assignment of two hundred and twenTy one (221) residential Flex Units (OT-057-21) from the ciTy-wide unified Flex Zone for property legally described in Exhibit "A" is approved. Section 4. That the assignment of one-third (1/3) of an acre of Commercial Flex (OT- 057-21) from the city-wide unified flex zone for the property legally described in Exhibit "A" is approved. Section 5. That issuance of a development permit by a municipality does not in any way create any right on the part of an applicant to obtain a permit finm a state or deferral agency and does not create any liabiliTy on the part of the municipality for issuance of the permit iF the applicant fails to Frst obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validiTy of the remaining portions of this Ordinance. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section S. That this Ordinance shall be effective immediately upon its passage and adoption on second reading. PASSED on first reading on , 2022. PASSED AND ADOPTED on second reading on , 2022. ATTEST: THOMAS SCHNHIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE BOUTISIS, ESQ. CITY ATTORNEY EXHIBIT "A" LEGAL. DESCRIPTION REED LAND CO SLJB 2-32 D 31-50-42 LOT 13 LESS PT THEREOF LYING WITI�IIN 53 OF S/L FOR RD RICaiARD O. COICER JR. PA. ROD A PEtNER RATHRYta R. cOkBH vww orartcEs COKER 8z FEINER POHT IAVDE aLE, FLORiD 933V6-r8gn M E M O R A N D U M Date: January 1 I, 2022 To: City of Dania Beach From: Rod A. Feiner, Fsq. Re-_ 3851 Stirling Holdings, LLLP Re -Zoning 8c Allocation of Flex Unit Request if ofB�att7\A�eZ�]1ixiYrll �YN []t3YC�7� • � T8L8�P EHONAX(994b6o-9696 (gy,)p6r-rBiB rgcoker@cokervfe:nec.com refeiner@amker-fciner.com hccohcr@coker-feiner.com The Applicant and Owner, 3851 Stirling Holdings, LLLP ("Stirling Holdings") is the current owner of this parcel of property and purchased the property in November, 2020. The properly consists of one lot (the property needs to be platted) though it is substantially burdened with two Florida Power � Light easements for both power lines and access and buildings are not allowed to be located within the easement area. In this easement FPBcL has installed power lines. The p(nperty is currently zoned E-1. The Owner acquired the property for the purpose of creating a unified mixed -use development which will have retail/commercial uses on the building's ground floor which fronts Stirling Road and then residential apartments above the commercial uses along with town homes along the eastern boundary of the properly. The townhomes serve as an additional buffer for the adjacent single-family homes. This type of development allows full use of the property as parking and recreational activities can occur in the easement area under the power lines. The proposed development is allowed in the PRD-I Zoning District. Such mixed -use development is essential to help retail/commercial uses survive as the Internet, especially with on-line delivery and purchasing, mean that the time of the big box retail establishments or stand-alone commercial development have past as many of these stores are now filing banla�uptcy and closing locations. RE -ZONING REQUEST A re -zoning from the E-1 to the PRD-I Zoning District.) I- The request is consistent with the City's Comprehensive Plan The re -zoning request is consistent with the City's Comprehensive Plan. The Owner and Applicant, concurrently with this application, has applied to the City for a flex unit allocation. Once flex units are allocated then the proposed request is consistent with the City's Comprehensive Plan. Furthermore, a mixed use development, which is what tke PRD Zoning District allows, is consistent witk the City's Comprehensive Plan, especially along arterial corridors. In addition, the proposed PRD-1 Zoning District serves as awell-balanced transition between the adjacent pavperties to the east and west of the subject site. East of the site are residential/single-Family homes while to the west of the property is a commercial use as a catering hall. Re -zoning the property to PRD-1, which allows mixed use, will allow the property to serve as a transition between the commercial and residential uses which this property is between. In particular, this re -zoning request is consistent with the Following policies o£the Comprehensive Plan: Policy I.1. Provide for a mix of residential communities which will promote a diverse population and a healthy environment. Policy 5.1. Encourage development to enhance the tax base of the community. 2. The request is consistent with all applicable redevelopment plans, corridor plans, neighbordood plans and master plans approved by the City Commission. The requested re -zoning is consistent with all applicable redevelopment plans, cora-idor plans, neighborhood plans and master plans to the extent that such plans exist for this area. Furthermore, [he request is consistent with the requirements of the PRD-1 Zoning District in terms of the amount of Frontage on an arterial roadway and any commercial use on the property will be consistent with the PRD- I zoning requirements for a mixed use development- 3. The request wozrld not give privileges not generally ¢xtended to similarly situated property in the area, or result in on isolated zoning district unrelated to adjacent or nearby districts. The re -zoning request will not give privilegcs extended to other similarly situated properties or result in an isolated zoning district. The PRD Zoning District allows mixed use, commercial and residential uses, to occur on one property provided that certain underlying requirements (frontage on an arterial roadway and property size) are satisfied. In this case the subject site satisfies all of the underlying requirements of the PRD-1 Zoning District Furthermore, along the Stirling Road Corridor there are commercially zoned property which front Stirling Road with residentially zoned property behind the commercial property. The proposed re -zoning allows both the commercial and residential uses to remain and thus the PRD Concurrently with this epplicstioa the Owner/Applicant is also requesting an award of flex units to meet the density allowetl under the PRD-i Zoning- Zoning District will not result in an unrelated or isolated zoning district when compared with adjacent and nearby zoning districts. In addition, the proposed PRD-1 Zoning District serves as a well-balanced transition between the adjacent properties to the east and west of the subject site. Eest of the site are residential/single-family homes while to the west of the property is a commercial use as a catering hall. Re -zoning ffie property to PRD-1, which allows mixed use, will allow the property to serve as a transition between the commercial and residential uses Furthermore, the PRD Zoning Regulations specifically allow for such a development where an amalgamation of property has occurred resulting in at least a 1 acre lot and significant frontage along an arterial roadway. Should another property owner be able to find a lot or lots along an arterial roadway which meets these requirements they will also be able to utilize the mixed use provisions of the PRD Zoning District, thus meaning that special privileges are not being granted. q. The r¢questfurthers the City's adopted communify redevelopment pZgn, ifoppticgble There are not adopted community redevelopment plans for this area but the increase of density and adding commercial uses along an arterial roadway is an established goal in the City's Comprehensive Plan. b. An error or ambiguity must be corrected. There is no error or ambiguity in the Code, but instead the PRD zoning regulations were clariFed to specifically allow mixed use development in certain instances. Following this clarification to the zoning code this property now meets the criteria and thus the re -zoning can be said to satisfy an ambiguity. c. There exists changed or changing conditions whtch make approval of the request gpproprtgte. Changed or changing conditions exist which make approval of this request appropriate. In today's society a mixed use development is essential for commercial development to succeed and the younger generational workers look for a mixed use development where essential services can be provided in the area where they live. The mix o£ residential and corrurtercial mean that both uses will thrive as the residents use the commercial elements of the development and the commercial tenants rely on the residential use for a customer base. As many more people worK from home, telecommute and do not have their own motor vehicles (using rideshare or public transportation) it becomes more vital for there to be nearby commercial uses to support the residential use. A mixed use performs this function perfectly. In addition, the mixed use zoning assists retail/commercial uses survive as the Internet, especially with on- line delivery and purchasing, means that the time of the big box retail establishments or stand-alone commercial development seem to have past as many of these stores are now F ling bankruptcy and closing locations. Thus, allowing mixed use and re -zoning to PRD allows appropriate use of the commercially zoned property, especially along an arterial street. d. Substantial r¢osgns exist why the property cannot be ztsed in accordance with existing zontng. The property cannot be used in accordance with existing zoning. The existing coning district does not allow a mixed use development. In addition, the setback and other requirements of these zoning districts do not take into account the unique nature of a planned development, which is exactly what the PRD Zoning District attempts to accomplish. In addition, with the property being burdened by FPFcL easements the PRD Zoning District is the only method 6y which all of the property can be utilized. e. The rezoning is appropriate for the orderly dev¢lopmenr of the City and is compatible with existing (conforming adjacent land us¢s, and planned adjacent land uses. The re -zoning is appropriate for the orderly development of ffie City. The re -zoning allows a mixed use project, which is not currently allowed in the existing zoning districts, along a major arterial roadway that meets the requirements for frontage and total lot size. In addition, the re -zoning and the proposed development would actually allow uses that are currently permitted on adjacent lands but in a more coherent manner. Telephone: (954) 761-3636 Facsimile: (934) 761-1818 Law Offioce COI�R 8c FEINER 1404 South Andrews Avenue Fort Lauderdale, FL 3331 b-1640 MEMORANDUM To: Hleaaor Norena, Director Corinne Laloie, Asst. Director Richard Locher, Planning 8e x mg Manager l> From: Rod A. Feiner, Esq.:_ ' �- J Date: March 27, 2022 Richard G. Caker, ]r.. P.A. Rod A. Fciaer I[athryn A Coker ryCakacla�coker-£ein cotn rate" ervii cokervfa' e IucokerLaoker-feiner.eom Subject: ICoosh/Stirling Living 3851 Stirling Aoad Request For Alllocatlon of One -Third (l /3) Acre of Commercial Flex to Residential Land Use As you are aware, we represent 3551 Stirling Holdings, LLC {"Owner") who owns the I O acre real property located at 3851 Stirling Road. Tha Owner has filed a re -zoning request from E-1 to PRD- I, an allocation of 221 residential flax units and a for a site plan approval for a mixed use davalopmeat comprised of 231 residential units, 13,500 sq. foot o£ retail facilities aiong with substantial landscaping and amenities. The City Land Uae Designation for the sit¢ is Estate (1) Residential. This category in the Land Us¢ Plan allows fora density of 1 unit per gross acre. The Estate (1) Residential land use designation does not allow for commercial/retail uses. That does not, mean, however, that the proposed development would conflict with the City's Land Uae Plan. To ba compliant with the City's Land Use Plan the Owner is requ¢sting an allocation of 1/3 acre of commercial flexibi3ity to the subject site. t The City's Land Us¢ Plan states that office end/or retail sales or merchandise or services are This is m additton to sae arsidenHe/ flex uaies for which We Applicmt has applied. allowed on propatty with a residential land use provided that the application of flexibllity means ao more than 5^/0 of the area designated for residential is used For ot3fice and/or retail sales or merchandise. In addition, the total area where the flex is being applied cannot exceed a total of 1 O acres. In tivs case the requested allocation of I/3 acre of commercial flexibility meets the requirements far flexibility contained within the City's Lend Use Plan. The requested area of office and/or retail sales or merchandise or smices is Iess than 5^/0 of the area designated Eor residential use. Only one-third Q/3) of an acre of a ten (l O) acre site is being requested for commercial flexibility. Tn addition, the applicant does not own any property adjacent to this site and thus the total acreage oFtha connnercial land use does not exceed a total of 30 acres. Tha proposed request for r;onmTerciel flexibility in a residential area is consiateni with The Goals, Policies and Objectives of the City's Lend Use Plan. Some of the Goals, Policies and Objectives wldch are consistent with this request are es follows: Objective 1. Land Development R¢gulotions shall be maintained which promote orderly growth. development and placement afland uses which will ¢ncourng¢ a mix ofresidentie! types and a good quality of!lfefor the residents of Dania Beach. Policy !.2 Commeretclized activities will be provided to serve the residenm of the community. The proposed allocation of comrnarcia7 flexibility promotes the orderly growth, development and placement ofland uses. Tha proposed commercial flexibility request is for the southern ono-thixd (1/3) of the property. This is the portion of the property which is adjacent to Stirling Road, which is a major arterial roadway in the City. Allocating commercial flexibility to this property serves as swell -balanced transition between the adjacent properties to the east and worst of the subject site. East of the site are residential/single- family homes while to the west ofthe property are commercial uses, including a catering hall. The slight area of requested commercial flexiMlity will help support a transition between the heavier commercial uses to the west and the single-family residential uses to the east. In addition, it has been m expressed goal of the City to have commercial activity adjacent to major arterial streets while preserving the character of residentiai neighborhoods. 'Phis is what was accomplished with the establishment of the PRD-1 Zorting District, which only allows amixed- use development if [here is a certain amount of frontage on an arterial roadway and the property meets certain minimum size requirements. '1'ltis is exactly what is occurring with the requested allocation of conunereial flexibility. All of the proposed commercial uses being proposed are commercia] activities which serve the residents of the community. The applicant is requesting the cotmnarcial flexibility in order to re- zone the property to the PRD-1 Zoning District. The PRD-I Zoning District allows mixed -use development but apeeifically mandates that only certaitt type of commeroiel/retail uses ere allowed. These commercial/retail uses will serve the residents of the corrmtunity as they are neighborhood uses. Pinally, allowing commercial uses to be mixed with residential uses is essential in loday's society far conunercial development to auccced. Younger generational workers look for amixed-use dav¢]opment where essential services ten be provided in the area where they live. Adding commercial flexibility to the property means that both tkte residential and cottunemisl uses will thrive as the residents use the comntemial elements ofthe development and [hc commercial tenants rely on the residential use for a customer base. As many more people work from homq telecotrtmute and do not have their own motor vehicles (using rideshere or pubic transporta8on) it becomes more vital for [hero to be nearby commercial uses to support eisidential uses. The allocation of commercial flexibility performs this function perfectly. The rcguestfor an allocation ofcnmmercialJlexibllity [s also is consistent wt[h Policy 2. /and 2.2 which states [hat factltNes and services well meet the [eve Ls of service outlined in the Comprehensive Plan Elements and allfae[7[ttes wil/ be available and consistent w[th concurrenly requlremenrs.t Response: The proposed allocation of commercial flexibility will not cause any degradation of facilities and services while also satisfying c¢ncurrancy. Iv conjunction with this request the Owner has performed a traffic study which has been reviewed by both FDOT and City consultants. The traffic study shows that Stirling Road, the only roadway which has ingress and egress to the project, will continua to function within acceptable levels of service. Thera is also sufficient capacity for both potabl a watec and sanitary sewer m meet the requirements of the proposed development. Furthermore, [he proposed development will contain all of its own surface water and surface water runoff and thus []tote will be no impact on the City's drainage systems end, in fact, allowing the flexibility allocauon wlll help to improve drainage as drainage facilities will then be constructed on the Owner's property. The proposed request satisfies Objective X of the Land Use Plan and Po![ctes 1Q 1 a[rd 70.1. ObJec[[ve X saa[es the[ "Land development regulations shall be maintained which provide for mtrt-d land uses and other us:ique deva[opmant technfques. " Po[tcy IO.I and 10.2, which implement this Objec[[ve. state: Policy IO.I Innovative side design and lmrd plarzning shall be pw•miKad rvithbr these [and development regu[atlons. Pol[ty 10.2 The permitted uses of the Comprehensive Plan sha[7 permit the mixing of land uses consistent with land development regulations. The City has adopted the PRD-1 Zoning District as part of its land development regulations. The Owner is concurrently requesting to be ro-zoned to this zoning district. Tha PRD-1 Zoning District specifically allows mixed -us¢ davelopmenta provided that certain Frontage on ao arterial roadway exists and the property meets certain minimum size requirements. In this particular case the subject property meets and exceeds both afthase criteria and i[ is appropriate for amixed-use development Co ba constructed on this property. This is ¢specially vue since a majority of iha property is not ' [n eddiuon to Policy 2. ] end 2.2. Objective Vlll end the Policies which vnplemenl Iltia Objeptive are satisfred for dw same reason [leer the rcqucst rotate Policies 2.1 avd 2.2. usable For structures since it is burdened with FPBcL easements. The proposod mixed -use development also provides innovative site design. The design of the building and the proposed project is itmovativa, with substantial landscaping being added Lu the site as well es recreational amenities being added outside ofthe commercial flexibility area. Many of the residential uses ere located over the commercial uses Based on all of the above the Applicant requests that the City allocate '/a acre of commercial flexibility to the southern portion of the property. Such request, as demonstrated above, is consistent with the City's Comprehensive Plan and it also furthers various Objectives and Goals ofthe Comprehensive Piaa - .. Law.OfFices - - - . COI�R 8t FEIIVER 141M South Andrews Avenuo Port Lauderdale, FL 33316-1840 ielcphovc: (954)761 J636 .. E-sail: ref "neQmkrnfcincr.com January ] 9, 2l)22 Re: Notice of Community Mee[ing/Koosh Living Project Dear Neighbor: - Please be advised fleet. this fimr repiesenta 35g1 �Stirliag Holdings, LLLP-. ("Stirling Living"). Stirling Living owns -ties �propertyloeated at 385] Stirling -Road. This property -is sometimes referred to as the "PPL Property" because of the powerlines that nm through the property. The property is gmaerally located on the north side of Stirling Road just west of SW 37t6 Terrace. Stirling Living is pursuing a ra-zoning to PRD-1 along with a site plan to allow amixed-use redevalopmmt on the site: The Ciry's Plaruting 8c Zoning Board is scheduled to considar this item at its February 16, 2022 meeting. As a neighbor to this project we would like to invite you to attend one or all of the following informational meetings to discuss and receive your input on the project. We have scheduled meetings for February 3 and February 9 at 7 p.m. at Koosh Jewelry located at 2790 Stirling Rd, Hollywood, FL 33020. Please bring masks with you ifyou ere going to attend one or a31 of these meetings as we want to comply with appropriate CDC guidelines. In addition, we have scheduled meetings via GoToMeatings oa January 31 and February 8 at 6:30 p.m. The link to attend this virtual meeting is httn '//www t set e/J hKall The access code is 159-353-365 and if you are unable to attend this meeting via computer you can call into tl»'s virtual meetutg by dialing 7-571-317-3112 Please feel free to attend one or al] oftlreae meetings. We value your input. At these meetings we will also have a copy of the prnpoaed site plan though the site plan is not being considered by the Pln+.m� � Zoning Board.. If you have any queatior}s_ or Would like to speak with me outside of the meeting, please feel flee to call me at the phone numliar listed above of e-mail ma at�tha o-mail address above. Sincerely, /s/AodA. Faiaer ROD A. FEINER For the Finn City of Dania Beach, Florida Dapar[m¢n[ of Community Development Planning and Zoning Division (954)924-6605 X3643 (954) 922-2687 Fax DANIA BEACH ern `^r" `�" Standard Development Application Adminis[rativ¢ Variance land Use Am¢ndm¢nt Plat Rezoning Data Rac'd: SIC¢ Plan Sp¢cial Exosptlon PaHtion No.: Varlanoa Other: ^��^^emu vnu. (SEEIPPLl41IpN 1YDc3YWElfI/LEON P.tOES3A9) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL )R IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the apPliration type at the [op of this fans and ^Raqulrod Doeumanta[ion^ checklist to tlerermine the supplemental documents required with eaM appllcatlon. For after the fact appkcanans, the responsible contractor of remM shall be present a[ the board hearing. Their failure to attend may Impact upon [he disposition of your appllcadon. As always, the applicant or their authorized legal agent must be present at ail meetings. All pro3¢<ts must also obmin a building permit from the Clty Building Dfviston. For more InformaHan please reference the Dania Beach Land Development Coda Par[ 6, Development Review Pracaduras and Requlromattta_ Locatlon Address: 3851 Stirling Road Lot(s): N/A Legal Desolption: SBA attachBd ApPlicant/Consultant/Legal Representativa «rrcbon.) Rod A. Rainer, ESq. Block: N/A snbawislon: N/A Recorded Plat Name: Reed Land Company Suddivision (PB 2, Pg 32) Feko Number(s): 504231070740 Address of Applicant: Coker 8. Fainar; 1404 South Andrews Ave., Ft. Lauderdale, FL 33316 Business Telephone: 954-761-3636 Hie: 954-600-9451 Fes: 954-761-1818 E-mall address: rafeiner@cokes-fainer.com Name of Property owner: 3851 Stirling HOldingS, LLLP Address of Property Owner do Coker S Feiner: t404 S. Andrews Ave., Ft. l.auderdela, FL 333[6 Business Telephone: g54JB4-BBtS Home: Fak: Explanation of Raquaat: ra-zoning' allocation at flex units; aka plan approval and Plat (filed separately) For' P/aGr p/ease praNAe prop4seH P/a! Nama fog VuiYaneas phase• attaM LY/Asr/s .SY twrnaist as pew Sact/on b'25.40 o/Ma Land Dave/opm�ne Gods Prop. Net Acreage: 1 O Gross Acreage: 1 O Prop. Square Feo[age: Fxitn„n u<.., Single family home prnnrL.ad use: mixed use development t of4 Vptlelatl OyYD21 Is property owned Indivtdualty, by a corporetlon, association, or a jpint Yen[u re7 voe UTNOIti2E0 REPRESE I/we era fully aware of the request being made [o Ne Clty of Dante BeacA. IF I/We are unable to be presont,I/we hereby authorize nee n. Fomoc eea. eea eoymme.ey enb coLern reme. (individual/firm) to represent ma/us in all maKars related to th(s application. I/wa hereby acknowledge that the applimbta fee was eslabllshed m offset administrative roster and Is no[ refundebl¢. Z/w¢ arc fully aware that all approvals automatically expire within 12 months of City of Oanla Beach Planning and Zoning Boats or City Commfsslon approval, or pursuant to the axplretien tlmafreme listed In Part 6 of Me Dania Beach Land Devalo ment Code..— - STATE OF FLORIDA �� COUNTY OF BROWARD By: The foregoing insVument (Owner �t signaturee) was acknowi¢dged Q-�- 6EFORE ME THIS Z � _� DAY OF .Tt � 1� 20� BY: Sharon Sharaby (Print name of person acknowledging) (loin[ owner signature H appllrobia) '" Nota� c � !��'" M±nniei«a an'�'" �t� -�,/ �� E/p •oirigifOSa .a953 (signature of Notary Public —state of rinY/(_` (] 1 Penconally known X err Peoduead LdandBmllpn Types of IdentMcatlon produced: or DNyers Lloense *Zf joint ownership, both parties must sign. If partnership, corporation or association, an authorized of(Icer must sign on behalf of the group. A notes razed Irattar of au[horizatlon from [ha owner of record must accompany [he application if an authorized agent signs for [ha owner(a). NO APPLIC/ITION WILL BEAUTOMATICALLYSCNEOULEO FOR A MEETING ALL APPllCATIONS MUST BE OE/ERMINED COMPLETE BY.STAFF BEFORE PROCES�SIN6 OCCl/RS. z olu �.w.�e area:. Si11•i��11"Le7 � Printetl: 3/3I/202212:66:3'I PM 1 roaww aueuxs�+vuc caour Page 2 of 3 Order 10: ]162696 'Agency Commission not Included GROSS PRICE ` : $368.60 PACKAGE NAME: SSC Notice of Public Meeting Product(s): Sun Sentinel, Affitlavik Floridapublicnotices.com, Classified ss.com_Legal AdSize(s): 2 Column Run Oate(s): Monday, April 4, 2022 Zone: Full Run Color Spec. B/W Preview NOTICE OF PUBLIC HEARING CRY OF DANIA BEACH. FLORIDA A Public Hearing will be conducted by Me City of DeOfa Beach Planning a Zobipg ROaftl on the following date to consldef Me Tolrowing appliratlon: Tbo Planning 8. ZOnlne Roartl will be COrItlUCdrlg a "H Wild" meetlng in the COR1m18SlOn DATE: uretlnestlay, Apol 20, 2022 TIME: ]:00 p.m. Or a5 SOOn dlefeaf(af a5 the SamO may ba h6ar0 PLACE: Platming ®Zoning fioam "Hybrid" meeting city Commission cnambers Dania Beach Gty Hall tbo west Dania Beach eyd. Dania Beach, FL 33004 of Plaase call 9549246806 Eg[ 3]92 or visit hops://danlabeachR goy/2689/PlannFn$-ZORIn$-60'dfD (Or tletall IOSVIIOtlOnS On nOW t0 8ttand Wnually. SUHIECr: RZ-065-21: The applicank 386t 6tlrhnSS Holdings, LLLP, Is requestln$ rezonmg coning map amendmenq fmm the singgro�camlly Estate Resldentlal D strict (E-t) to the Planned Resldentlal Development Distritt (PR6t) for property generely rotated at 386t stirling ROatl. Tha following Is the proposed Ordinance aF Me mBltaC copies of Me proposed requests or applicable Informatlon are available on Ilne. For more IDfOfmatlOp, please Cell qla Planning OMSron 9t (9647 924-4805 E%L 3]O4 antl Staff vAll dlrectyou to me on-Ilrle proiett Infornradon. Y ronv� � v�� ahnnilno AnNinnn cdwrwsniona�i�r�_ily �n�mcrosiccni^nadafn y, ^��+oa�rpiananv SuitS�ntiriel � Printed: 3/3t/2D22'12:66:31 PM roa�i+a�ecxs.+xwc wove Page 3 of 3 Ord¢r 1�: 7'182698 `Agency Commission not included G RO55 PRICE' $368.60 PACKAGE NAME: SSC Notice of Public Meeting In acmrtlance wIM the Americans wkh Disabpitles Ack�arsons needing assistance W partldpate in any of these proceedings should contact city dark's offlm, too West Dania BBBCh BOOI@Yard, Dania Beam, FIOfIda 330D4, (954) 924-6BOO EXt. 3424, at least 48 hours prior to the meetlng. Application: Retuning and appNcatlon offlexidlity. Applicant 385 � stirring Holdings t11P. Hearing Dates 8, Time: April 20, 2022 at 7:m PM Haaring tocatlon: Planning 8e Zoning Boam'Hybrkl' meatlng Gry commission chambers DaOls Baarn Cary H311 too west Dania Bearn elw. Dania Beach F133004 or Please call 954924-6805 Fxt 3:792 or visit https://danleb mning-spard (w detaN instfuctlons on how to amend vlrtuall contact InfOrmatlOn: Rlchartl torbek Planning aamp; zoning EXt 3440 MM2022 T28269B (954) 924-6805 E2ECElC�:-•,-� -� APR 1 1 20�8 AFFIDAVPT CI'Pi' OF DANIA BEACH, FLORIDA COMMLTNTI'Y DEVF.I..OPMEN'T DEPARTMENT POSTING OF PUBLIC >-T>:'ARIrTG NOTICE SIGN STATE OF FLORIDA COUNTY OF Broward BEFORE IVIE, the undersigned authority, personally appeared Chrlatlna Mathawa who, after being duly swom, deposes and says: 1. I, Christina Mathev✓a , am an individual over the age of 18 years old and (Print Noma) (CFIECK APPLICABLE SPACE) I am the property Owner, OR X I am a representative of the property owner(s), sass surnne i+owirroe utP and for property located at sass snrnna nma <the "Property"), and this -swom statement pertains to the application for rsewmnc ens nexiemb relating to Petition number �_ in the Code of Ordinances of the City o£ Dania Beach, Florida. - 2. Pursuant to Sec. 630-30(B)(1) of the Land Development Code of the Code of Ordinances of the City o£ Dania Beach, Florida, on a m s . 20l zz I posted, oY caused to be posted, a public notice sign along street frontages of the subject Property, with the sign being at least three (3) square feet in area, and between ten (10) and twenty (20) feet from the edge o£ street pavement in a manner so as to be completely visible from the public rights -of - way. The public notice sign was posted more than ten (30) days before the scheduled public hearing. I am aware that the Code Section cited above requires the sign to stet¢ and contain the following information: PLiBLIC HEARING NOTICE - Petition number; Date; Time; and Tel phone number o£the CiTy's CommuniTy Development Department. 3. A true and accurate copy (copies) of the subject signs) is/ere attached to this AfFdavit and incorporated by this reference. FURTHER, AFFIANT SAYS NOTHING MORE. IANT Sworn to and subscribed before me on P7 201a�y NOT PUBLI of Florida at Large My Commission Expires: � 17 av� .P� ��. JEFFERSON DURHAM _ :� Commlealon C HH 894388 =�i"".9ff'toy= EkPMaa February l], 2825 aontle<1N�ITroY Faln Inewenco a00�pPS]Ot9 r �° "4 �� ;j�,. ;: I r r �_ � t ,n,• _ :._�� _, �9� �.�.� � � � - r yf+� 'qua Ti{IS PROPERTY IS THE SUBJECTrOF UPCOMING � �.��•� PUBUC �IEARINGS �A. C.l_,t'.'.][+T�'.\�`JL ^�'R�h�'��2t r`-. �J'C:.J• _ /�f`a�'P1�i�--. ��'^.:T yT' _ �i id ��Tk$jt��r`l!��.i�l�i�Y �'�` \ �Y I r' 1 � '1 �_ j� j �T$ �$ t V � p _`y'�qJk � A ~ r .. �� `1l � c. iiiiJiJiJ'''��. <'t RECI:I JI✓D AFFIDAVIT JAN 1 Y. 2U22 CITY OF DANIA BEACH, FLORIDA COM1K[INITY DEVELOPMENT DEPARTMENT MAII.ING LLST AND LABELS DANIA BEACH SEA IT. LIVE IT. IDVE R. STATE OF FLORIDA COiJNTY OF brow BEFORE ME, the undersigned authority, personally appeared cbrictina Mathawa (q'nt Name) who, after being duly sworn, deposes and says: 1. I am an individual over the age of 18 years old and (CFYECK APPLICABLE SPACE) I am the property Owner of the property identified below, OR x I represent to the City o£Dania Beach, Florida that I am an authorized agent and representative o£the property owner(s), asst stirring Flolaingc LLLP , (Arlin Name aPPropvty Owmr) for the property located at east sgning Roaa (the "Property"), and this (waamal sworn statement pertains to the application for Razoning &Flax Unit Allaratlon (Brieay Eectlbe epplicetian, such as"vte plan eppmveP' w a "wianca" ore "epeelcl ez¢mption'7 relating to Petition numbers) ' 2. Pursuant to Sec. 610-20(D) of the Land Development Code ("LDC") of the Code of Ordinances -of the City o£Dania Beach, Florida, I understand that there is a mailing date deadline for notices and that as the applicant for the petition, I must provide the City with: One (1) set of Mailing Labels, and ' One (1) copy of the mailing list for all property owners who or which own property located within 1,000 feet of the subject property. 3. I understand that I am legally 'responsibie for timely providing the City with the mailing labels and mailing list a minimum of twcnty-five (25) days prior to the mailing date (for projects which may have more than 200 mailings, I understand that City staff may request labels even earlier). The mailing date is 20. I am also aware that pursuant to LDC Sec. 610-30(D)(3), "[T7ha mail notice shall contain substantially the same in£ormat ion as provided in the newspaper advertisement fnr the same application, and shall also contain the legal description of the subject property, the approximate relation to the nearest cross streat(s) and a map or demarcated aerial photograph showing its approximate size, location and relationship to adjacent properties." 4. If I do not timely provide the mailing labels and mailing list, the City will need to delay the processing of the application. _ OWNER OA REPRESENTATIVE: Signature ' PRINT Name JOINT OWNER CIII' APPLICABLE) S ignatura ' PRINT Name Title IF CORPORATION LIA4ITED LIABILITY COMPANY LIMITED PARTNERSIIiP OR OTHER ENTITY• Cutro &Associates Signature Christina Mathews PRINT Name Mng Title On January 'I O 20 �� 'personally appeared Christina Mathews and (if applicable, if there is a co-owner) as the Owners) of the property described above. Such persons) i � ti � ><y to me or produced his/her/their �.�""<�/,�.,. 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"`I �I _ mi = a 3 � � �I �i �� i � � gi _ =i � �'�: �I � gi g i � � $ g' g' ^4 m � 8 ^`I � I �! � i i � � 8aa � �I. � � 8� mj g! 8i g m 8 g �i � � � �I I � � �� ai: a � I �i �� i $aI §I a �) �1 � �1 �� ai � w� Y a �I 9' S^I a a m � -•1 a T 4' m! � Y' a Y'� Y'� � a P f 4 �P Y' � wi i I i I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DAM�A,E eE�A,crt STAFF REPORT DATE: April 20, 2022 TO: Planning and Zoning Board '��7,�,\��" FROM: Eleanor Norena, CFM.4ssistant Dira�(„' % G-•/ Corinna Lajoie, AICP, SUBJECT: TX-019-22: Tha Applicant, the City of Dania Beach, is requesting a . text amendment to the Public Art Program as identified In the City's ' Land Davalopmant Code. REQUEST To amantl the City's Land Davalopmant Coda (LDC) eliminating reference to the Cultural Art Council Advisory Board and astabllshing the Public Art Advisory Board as identiFlad in Article 611 entitletl "Public Art Program". BACKGROUND Tha Clty of Dania Beach has made significant gains recently In the area of Public Art, which include the following actions: - December 1 O, 2019 —City Commission adopted the Public Art Ordinance (0-2018- 025) • February, 2020 —Community Davalopmant began to collect .5% of construction value For development projects on $1 M in value or greater. • October 13, 2020 —City Commission approved Broward County Cultural Arts Division (consultant) to draft the City's Public Art plan (R-2020-115) • Juna 22, 2021 -City Commission adopted the City's Public Art Plan (R-2021 -085) • December 14, 2021 —City Commission approved Public Art Consultant (R-2021- 194) - January, 2022 —City executed contract for Public Art Consultant • January, 2022 —Community Development held orientation meeting Public Art Consultant ' • February 8, 2022 — Cfty Commission dissolved the Cultural Ar[s Council Advisory Boartl (R-2022-021) TEXT AMENDMENT At this time Community Development is requesting the amend the existing provisions in the City's LDC entitled "Public Art Program" to incorporate the Public Art Advisory Board and the processes identified in the City Commission approved Public Art Plan. These processes era identified below. P blic Art Advisory Boartl (PAABI Mam berahio Tha proposed ordinance ItlentiTas the composit{on of the PAAB as followings: Four (4) board members must be knowletlgaabla In ono of the Itlantifiad flaltls of: fine art, 6a employed by any art dealer, art gallery, artists' reprasantative, museum or other entity which derives income from the sale or display of artwork, ba a professional in the field of art, architecture, art history, architectural history, urban planning, landscape architecture, interior design, graphic or product design, urban planners, or possess a minimum of a bachelor's degree in said field from an accredited university, or ba involved In an art program within the community. Dania Beach residents and Browartl County residents will ba eligible to serve on the advisory board. • Three (3) city residents with a strong Interest and knowlatlge of the visual arts; whom shall have bean a resident of the City of Dania Beach for a minimum of six (6) months prior to any such appointment. For the first appointment to the Board, the two members may ba selected from the formerly activa Creative Arts Council Advisory Board. Each of the mambars may be appolntatl by any City Com missionar. Tha City Commission shall appoint ono ('I) City Commissioner to sit es a liaison to the Board. Such appointed City Commissioner liaison shall serve a term consistent with the duration of their election term antl without compensation at the pleasure of the Cify Commission of the City of Dania Beach. Du ea Tha duties and responsibility of the newly created Public Art Advisory Board will include the followln9 tasks: Review and propose artwork items to be acquired untlertha City public art program Issue recommendations to the City Commission for all artwork program acquisitions Oversee the public education, and curatorial aspects of the program • Prapara a budget for staff and other expenditures necessary to operate the program and shall deliver an annual report to the City Commission Screen submissions to recommend to the City Commission for final authorization for each acquisition Review and assist with tlafining the scope of collections for the City's Public Art collection • Review applications from private developers submitted to meat the City's requlremant for public art Collaborate with the City Manager on the development of the Annual Public Art Plan Racommand approval of the Annual Public Art Plan to Clty Commission Ona member will chair Artist Selection Panel meetings for each project and communicate Penal racom mendations Raviaw the Public Art Plan as Headed. Maintain currant knowledge of developments and issues In the visual arts and public art Attend dedication ceremonies for Haw public art projects Participate in community engagement activities for public art Ensure that public art is placed in all sectors of the City. PLANNING AND ZONING BOARD PREVIOUS ACTION On March 'I 6, 2022, the Planning and Zoning Board heard this item and had no question or concerns at that lima. RECOMMENDATION Recommend approval of the ordinance to the City Commission. ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING THE PUBLIC ART ADVISORY BOARD, BY AMENDING ARTICLE 811 ENTITLED, "PUBLIC ART PROGRAM," BY CREATING SECTION 811-1Q, ENTITLED "PUBLIC ART BOARD," AND BY REMOVING ALL REFERENCES IN SECTION 811-20 AND SECTION 811-30 TO THE CREATIVE ARTS COUNCIL ADVISORY BOARD ("CACAB") AS THE CACAB HAS BEEN DISSOLVED; PROVIDING FOR THE APPOIN"I'MENT AND TERMS OF MEMBERS, AS WELL AS DUTIES AND RESPONSIBILITIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Cotnmission has determined that it is advisable to create a Public Art Advisory Board to assist the CiTy on the use of public art funds; and WHEREAS, the City Commission desires to create the Board with the same formality as the Public Art Program was created to ensure transparency and accountability as to any expenditure of funds under th¢ Public Art Program; and WHEREAS, the City Commission wished to implement the recommendations identified in the adopted the Dania Beach Public Art Plan on June 22, 2021, by Resolution number 2021- 085; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Thai Article 811 entitled the "Public Art Program," is amended to create the Public Art Program, at Section 811-130, which states: ARTICLE 811. PUBLIC ART PROGRAM 5¢c. 81Y-20. Definitions_ For the purposes of this section, the following words and phrases shall have the following meanings: Building means any structure that encloses space and is used or built for the shelter or enclosure of persons, businesses, or property. Public arr pion shall mean a plan adopted by the City Commission, pursuant to a recoa�atendation by the Public Art Advisory Board 6iEy-6amnt-iesiea, which shall identify locations for public art and establish a priority order to the City Commission, and which shall be amended from time to time, to ensure a coherent program £or acquisition of public art, and program implementation guidelines. Public place means any exterior area on public or private property within the City which is easily accessible or clearly visible to the general public from adjacent public property such as a street or other public thoroughfare or sidewalk. Sec. 811-30. Public art plan and implementation guidelines. (A) The City Commission shall adopt a public art plan The public art plan and program guidelines shall be reviewed and recommended by the Public Art Advisory Board and shall be adopted by resolution of the City Commission. Amendments to the public art plan and program guidelines shall be reviewed and adopted in the same manner as the initial public art plan and program guidelines. (B) The City Commission shall make final decisions for all public art acquisitions in accordance with this article and the public art plan and implementation guidelines. _ _ _ _ _ __ _ _ -rv.e c:--- Sec. 811-130. Public Art Advisory Board Th � hall be t d P bl' Art Ad B d h b hi meetin d tl s and other responsibilities are as described below: ORDINANCE #2022- (i) Review and assist with definine the scone of collections for the Citv's Public Art Collection f--) R 1' £ $ t d 1 b 'tt d t eet the Citv's recuirement for public art: ("') C II b t 'th th C'tv M ¢ i tkt d 1 t fth Annual Public Art Plan- (' ) R d o al f th Annual P bl" Art Pl t C'tv C i i �) O e member will chair Artist Selection Panel meetines for each oroiect and communicate Panel recommendaflons: (vi) Review the Public Art Plan as needed: (vi') Maintain current knowled¢e of developments and issues in the visual arts and uublic art: (viiil Attend dedication ceremonies for new public art uroiects: <ix) Part t 'tv t £ 't' £ bl' art- (x) Ensure that public art is placed in all sectoa-s of the City. ORDINANCE #2022- Section 2. That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions o{this Ordinance. Section 3. That all ordinances or part of ordinances in conflict with the provisions of the Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on 2022. PASSED AND ADOPTED on second reading on 2022. ATTEST: THOMAS SCHNEIDER, CMC TAMARA JAMES CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECT"NESS: EVE A. BOUTSIS CITY ATTORNEY 4 ORDINANCE #2022- t:ity of Dania Beach. Florida D¢partmenk of Community Developmen! Planning and Zoning Division (954)924-6805 X3643 (954) 922-2687 Fax DANI�BE�ACrH Standard Development Applicati®n ■ ■ DI Administrative Variance Land Usa Amendment Plat Rezoning St[¢ Plan Spacial Excep[ion Variance Other• Date Re�'a• 02/1 6/22 Petltion no.• TX-019-22 (SEEAPPLICATION TYPE SCHEOULEON PAQE53 a 4) THIS APPLICATION WILL NOT BE ACCEPTED UNTIL tT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the [op of this form and "Requlrad Dowmantation" checklist to determine the supplemental docum¢nts required with each application. For after the fact applicatlons, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon th¢ disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City Building DWision. For more Information please reference the Dania Beach Land Development Coda Part 6� Development Review Procedures and Requirements. Location Address: Clty Wlde Lot(s): R¢corded Plat Name: Black: Subdlvislon: Folio Number(s): Legal Description: Appltcant/Consuitant/Legal Representative cdrde one) City of Dania B@aCh Address of Applicant: 100 West Danla Beach BIVd Business Telephone: Home: E-mall address: Name of Property Owner: Address of Property Owner: of Dania Beach Business Telephone: Home: Fax: Fax: TaM amentlmanf to the Public Art Pra9ram as Idanllflatl in SFe Clty ' s Lentl nevalopman[ Cotla Explanation of Request: For P/aGr p/ease prov/de pinnposed P/st Nama for VaNaxer p/ease attach C/'JBsrla 37atamene as per Section 625 40 of the LaiMOava/opm¢nt Code. Prop. Net Acreage: Existing Use: Gross Acreage: Prop. Square Footage: Proposed Use: 1 of 4 Llptletatl l V2U2t Is property owned individually, by a corporation, association, or a joint venture3 AtfTHORIZED REPRESENTATIVE I/we are fully aware of the request being made to the City of Danla Beach. lir i/we are unable to b¢ pres¢nt, I/we hereby authorize (individual/firm) to represent ma/us in all matters related to this application. I/we hereby acknowledge that the applicable fee was established to offset adminis[rative costs and is not refundable. I/we are fully aware that all approvals automatically expire within 12 months of Clty of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant !o the expiration timafrema Itsted in Part 6 of the Dania Beach Land Development Code. STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument Was acKnowledged B / // �% ( w ent signature"`) BEFORE ME THIS J3 �� DAY OF M �^--�-� 20 ��a<- By. (Print name of person acKnowl¢dging) (]pint owner signature if applicable) �O� (. � �A OE601WIE 8%1SW0 Notary C MY COMMISSION Y OO 303020 E%PIRES: March 12. 2023 (Signatu re of Notary Public —State of >_`-��r/"' �"I'�=°vn°a°'��°""�Pi°�kVp°`�n`r` personally Known ✓ or Produced IdanLiflcatlon Type of identifica[ion produced: or Drivers Licens¢ 'k IF joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarized letter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICATION WILL BE AUTOMATICALL Y SCHEOULEO FOR A MEETSNG ALL APPLICATIONS MUST BE OETERMINEO COMPLETE BY STAFF BEFORE PROCESSING OCCURS. 2 of 4 ueealae 11reor .S'ZLTSIelitl.—��7 � Prin[etl: 3/3l/2022 10:46:19AM ��Gl Foauie PuerxsHxNc aaour Page 2 of 3 Order ID: ]t 82]� l 'Agency Commission no[ included GROSS PRICE' $340.40 PACKAGE NAME: SSC Notice of Public Meeting Produci(s): Sun Sentinel, Affidavit, Floridapu blicnotices.com, Classified:ss.com_Legal AdSize(s): 2 Column Run �ate(s): Monday, April 4, 2022 Zone: Full Run Color Spec. B/W Preview NOTICE OF PUBLIC HEARING CRY OF DANIA BEACH, FLORIDA A Pudic Hearing will be cpntluctad by the City of Dania Beach Planning B Zoning Bcard on the following tla[e to consider the tolbwing app$mtbn: The Plannlnf(b mnirat BPam wNl be conducUn$ a'Hybrid' meetln$ In the commission Coronaylrus Disease 2019 (COVIO-19). DATE: wednasaay, Apol 20, 2022 nNtE: ]:00 p.m. pr as sopn thereafter as the same may be heard PLACE: Planning fl ZOMng BOam'Hybnd' mBatlll$ city commisson chambers Dania Beach Clty Hall tOD west Dania Beach BNtl. panla Bearn, FL 33004 Or PieasO Cell 964924-6805 EX[ 3]92 pr Vl�t http3'//denlabeaChR gpV/25a9/Planning-mning-Boom far detail InsVuctions on hoW t0 amend vlrtualry. SDHIECr:TX-019-22: The applicant, Clty pf Dania Beach, Is regnestlng a Laxt amentlment t0 tha Public Art Prpgrem as idendfletl In the Clty'a Land Development code. The fdlowmg Is Me proposed ordnanm W the matter. ,y_w r.nl f�tta PRONDWG FOpPR CONFLICTS; FURTHERppppPROVIDING FORAN EFFECTNE DATE. lonfannatton, pl0aspa Cal Me Plan�nbg DlWsbn at (95am 924-6805 EXL a]loa amid Staff WIII re dmC[yoa to the onbine purled Informadpn. Plee3e DB 9r1VI5ad that if a person deCltlaS t0 appeal any dBCI310n m8de by LOC31 Plan - me proceadn$s Is made Which recom Includes me testimony amp eNtlence upon the appeal Is to basetl. TFle Clty tloes not pmvlde or Prepare such retard pursuant Asa mnz SuT+�*■tinel � � FOR V M P V BIISHIgG OROLJP Ortler lD: 7tH2Tll GROSS PRICE' $340.40 PACKAGE NAME: SSC Notice of Public Meeting In acooraanca with the Americans whh DlsabNitles Act, parsons nestling assistance to partldpa6e In any of mesa proceetlings should contact the Gty Gerk's office, '100 West Dania Baad3 60a1B9anl, Dania BBadl, FIOlIUa 33004, (964) 924-6800 EXt 3424, >tt leant 48 hours prlw to the meetlng. 1�r m Art Program as klendHeO In tta3 Gtys lantl Development 8L J:OD PM Boartl "Hybrltl' meatlng 924-6805 EXt 3704 Ptlntetl: 3/3'I /2022 10:46:'I 9 AM Pag¢ 3 of 3 ' Agency Commission not inclutletl CITV OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT DArt .M BE�srt STAFF REPORT DATE: April 20, 2022 TO: Planning and Zoning Board FROM: Eleanor Norana, CFM, Director ,� Corinna Lajola, AICP, Assistant Dirac or �a^^�ul�!��s=a SUBJECT: TX-029-22: Tha Applicant, the City of Dania Beach, Is requesting a text amendment to the several code provisions idantiflad in the Clty's Land Development Coda. REQUEST 7. To amend the payment in -lieu of parking program to revise the cost par parking space as idantiflad in the City's Land Development Coda (LDC), Section 265-92. 2. To delete the definition for the farm supargraphics sign, as Identified in the City's LDC, Sactlon 505-40(M). 3. To delete raferenc¢ to supergraphlc in the City's LDC, Section 505-50(R). 4. To correct a scrNener's error by referencing the correct provision In the CRy's LDC, Section 505-90(B). 5. To amend painted wall provision to r¢ferenca application section and eliminating reference to suparg raphic signs in the City's LDC, Section 505-770(B)(c). 6. To add shadow study to the list of site plan application requirements as identified In the City's LDC, Section 635-50(EE). 7. To add a definition for mural In the City's LDC, Section 87 7-20. 8. To add mural 9uidalines by creating a new section the City's LDC, Section 877- 740, antitiad 'Mural guidelines'. PUBLIC HEARING NOTICE This Item was duly advertised, posted and noticed pursuant to Article 670 of the LDC. BACKO ROUND On September 74, 2070, the City Commission approved iha Citys new Land Development Coda (LDC) referred to as OneCoda. As staff continues to use the new regulations, scrivanar's errors, Inaccuracies and vague, Imprecise or ambiguous language contln uas to emerge, some of which staff Is proposing to address at this lima. In addition, over time any set of regulations becomes antiquated unless periodically updated. TEXT AMENDMENT Tha following amendments to the Uniflad LDC are proposed: t. Payment in -lieu of parking. This amendment would Increase the cost of payment In -lieu for parking from $6,500 to $30,000 par parking space. The original price of $6,500 was established in 20t0 when cost for construction was lass. Tha price increase proposed In this ordinance reflects iha average cost to construct a parking space In today's market, Including land and conatruction costs. 2. Supargraphic. Staff Is proposing to eliminate the term 'suparg raphic' and replace it with the term 'mural'. This amandmant will eliminate the supergraphic definition in the sign code sactton of the City's LDC. 3. Supargraphic. Staff is proposing to eliminate th¢ t¢rm 'supargraphic' and replace It with the term 'mural' This amandmant will altminata reference to suparg raphics In the LDC 4. Sign This change is to correct a scrivaner's error by referencing the correct provision in the City's LDC to reference monument sign regulations. 5. Painted signs Staff Is proposing to eliminate the term 'suparg raphic' and replace it with the farm 'mural' This amandmant will altminata reference to supargraphfcs In the painted sign provisions of the LDC, as well as correct the section referenced for exemptions. 5. Shadow atudy This amendment will add a shadow study to the list of site plan application requtremants Identified in the City's LDC. 7. Murel definition Tha introduction of murals to our LDC starts with defining this term, which Is proposed in this ordinance. B. Mural guidelines Establishing mural guidelines In the LDC will identify eligibility, the approval process, design guidelines, mural requirements as well as maintenance rasponsibilltles. Recommendation Recommend approval to the Ctty Commission. ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, ENTITLED "LAND DEVELOPMENT CODE", (1) PART 2, ENTITLED "SITE DEVELOPMENT REGULATIONS," ARTICLE 265, ENTITLED "OFF-STREET PARKING REQUIREMENTS" AT 265A2, ENTITLED "PAYMENT IN -LIEU OF PROVIDING OFF-STREET PARKING" IN ORDER TO MODIFY THE OFF -SITE PARKING PAYMENT IN LIEU AMOUNT; (2) AMENDING PART 5, ENTITLED "SITE DEVELOPMENT REGULATIONS," ARTICLE 505, ENTITLED "SIGNAGE REGULATIONS", AT SECTIONS 505-2Q ENTITLED DEFINITIONS, SECTION 505-40, ENTITLED "DETAILED SIGN STANDARDS", SECTION 505-50, ENTITLED "PROHIBITED SIGNS" TO STRIKE SUPERGRAPHICS AND TO ADD MURALS; SECTION 505-90, ENTITLED "SIGNAGE REGULATIONS FfOR THE MIXED -USE CRA FORM -BASED ZONING DISTRICTS (CC, SFED-MU, EDBB-MU, GTWY-MU, NBHD- MU)", AND SECTION 505-170, ENTITLED "NONCONFORMING SIGNS", TO REMOVE REFERENCE TO SUPERGRAPHICS AND TO INCLUDE MURALS; AND (3) PART 6, ENTITLED "DEVELOPMENT REVIEW PROCEDURES AND REQUIREMENTS," AT ARTICLE 635, ENTITLED "SITE PLANS", at SECTION 635-50, ENTITLED "SITE PLAN DATA REQUIREMENTS", TO REQUIRE A SHADOW STUDY AS PART OF THE SLTE PLAN REVIEW PROCESS; AND <4) PART 8, ENTITLED "TECHNICAL APPENDIX," ARTICLE 811, ENTITLED "PUBLIC ART PROGRAM" AT SECTION 811-20, ENTITLED "DEFINITIONS", AND CREATING SECTION 811-140, ENTITLED "MURAL GUIDELINES", TO CREATE A DEFINITION FOR MURALS AND PROCEDURES FOR REVIEW OF MURALS; PROVIDING FOR CODIFICATION, PROVIDING FOR CODIFICATION, CONFLICTS; SEVERA.BILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Cotnmission adopted Section 265-92 pf the Land Development Code entitled "Payment in Lieu of Providing Off -Street Parking," to provide property owners and applicants alternatives in development, to either provide parking on -site, or to pay into the City's off --street parking program; and WHEREAS, the cost o£ constructing a pazking space has increased, and the payment amount to the City's "in -lieu of parking fund" should be updated to keep up with the cost of construction; and WHEREAS, the City Commission is amending the LDC, at Part 5, entitled "Site Development Regulations," Article 505, entitled "Signage Regulations" at 505-40, entitled "Detailed sign standards" to remove reference to supergraphics and to provide a process for mural review and WHEREAS, the City Commission desire to amend the LDC, at Part 6, entitled "Development Review Procedures And Requirements," at Article 635, entitled "Site Plans" to require a shadow study as part of the site plan review process; and WI�REAS, the City Commission desues to amend the LDC, at Part 8, entitled "Technical Appendix," Article. 811, entitled "Public Art Program" at Section 811-20, Entitled "DeFmitions", and to create Section 831-140, entitled "Mural Guidelines", to create a definition for murals and procedures for review of murals; WHEREAS, the proposed amendments are for the benefit of the City and ensure that the City Code is up to date, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Chapter 28, entitled "Land Development Code", Part 2, entitled "Site Development Regulations," Article 265, entitled "Off -Street Parking Requirements" at 265-92, entitled "Payment In -Lieu Of Providing Off -Street Parking", is amended as follows: CHAPTER 28 LAND DEVELOPMENT CODE Article 265. Off -Street Parking Requirements s # N Sec. 265-92. Payment in -lien of providing off-street parking. * . �x (B) Fee catcutatton. The amount of the payment to the payment -in -lieu of parking program shall be determined by the average cost to the city for the construction of a parking space in a parking structure on a program wide basis which shall be determined by the director of finance in coordinafion with the public services director and the community development director. The average cost shall include actual costs and fees for land acquisition, design and planning, legal, engineering, actual construction, and permit review and inspection. (1) New construction and substantial improvements, payment to full required For new construction and substantial improvements to existing construction as defined in section 725-30, the Payment -in -Lieu of Parking fee shall be satisfied by two (2) equal payments ofthree fiReen thousand, Elva-hundred-frf�y-dollars ($3i36 15.000.00) per parking space. The £arst payment shall be made to the community development department prior to issuance of a building permit for a principal building or structure on the lot. The second payment shall be made to the community development department prior to the issuance of the first certificate of occupancy for a principal building. New construction and substantial improvements to existing construction shall not be qualified to participate in a payment in lieu of parking {ee agreement. (2) Existing structures. When expansion, alteration or rehabilitation, or change of use of an existing structure which does not meet the definition of a substantial improvement to existing construction as defined in section 725-30 results in an increased parking requirement as determined in accordance with ttte Code ("Existing Structures"), the in - lieu fee shall be safisfied by one of the following methods: (a) Two (2) equal payments of EHsee fifteen thousand, � dollars ($3i.39 15 000.00) per parking space (certificate of use shall be substituted £or certificate of occupancy for change of building use triggering an increase in parking requirements). (b) For applicants qualified for participation in an in -lieu of parking fee agreement, the applicant shall provide payment to the community development department in the amount of at least filly (50) percent of the amount required by subsection (2)(a) of this section prior to issuance of a certificate of use or certificate of occupancy (whichever occurs sooner), with the remaining balance paid in accordance with subsecflon (C) of this section. The terms and conditions of the payment plan shall be set forth in an in -lieu of parking £ee agreement approved by the director of community development and executed in accordance with section. However, in lieu of continued payments, the in -lieu of parking fee agreement shall provide that a one-time redemption payment may be made at any time for the full amount which remains unpaid under the agreement plus accrued interest. Th t f thi f shall b eviewed on a vearly basis by the Community Development D ar[m t d b d' t d b the C'tv Commission based on estimates of the actual cost of nrovidin¢ pazkine spaces. Section 2. That Chapter 28, enfltled "Land Development Code",.Part 5, entitled "Sit¢ Development Regulations," Article 505, entitled "Signage Regulations" is amended as follows: Chapter 28 Land Development Code Part 5 -Site Development Regulations, Article Soy - Signage Regulations Sec. 505-20. DeTinitions. Sec. Soy-40. Detail¢d sign standards. S¢c. 505-50_ Prohibited signs. Any sign not specifically permitted, exempted, or authorized by this article is prohibited. It shall be unlawful Yo erect, cause to be erected, maintain or cause to be maintained any sign described as follows: w (R) Signs that are painted, pasted, or printed on any curbstone, flagstone, pavement, or any portion of any sidewalk or street, or on any permanent building or permanent structure, excluding sngargagkias murals on building walls, and high -quality hand painted signs with dimensions as described in Section 505-90(V)(8). Sec. 505-90. Signage regulations for the mia¢d-vae CRA form -based zoning districts (CC, SFED-MU, EDBB-MU, GTWY-MU, NBHD-MU). r + (B) Slgn types alZawed. For each district and street type, the Following types of signs aze permitted: ✓ =permitted C = conditionally permitted (i.e. only for certain uses, locations or other qualificatlons pursuant to the regulations referenced in the le$ -hand column). X =not permitted Sign Type CC District SFED-MU, EDBB-MU NBFID- GTWY-MU Districts MU District Street fronts a to which si is oriented Primary Secondary Primary Seconday All streets Streets Streets Streets Streets Permanent signs Awning, canopy ✓ ✓ ✓ ✓ ✓ Directional ✓ J ✓ ✓ ✓ Directory ✓ ✓ ✓ ✓ ✓ Gallery edge ✓ ✓ ✓ ✓ ✓ Incidental information ✓ ✓ ✓ ✓ ✓ Marquee [see subsection 505-130 D C C C X X Menu, drive-thru Permitted if not oriented toward, or screened from, an street Menu, other ✓ ✓ ✓ ✓ ✓ Monument [see subsection 505-90 P O C X C X X Private wayfinding [see subsection 505-90 K Permitted, but shall not be oriented to any street X S¢c. So5-Y70. Nonconforming signs. (B) Signs made nonconforming by previous ordinances. The following provisions from prior ordinances that replaced or amended the city's sign regulations are recited below for informational purposes. (1) Ordinance No. 25-98 declared the following types of signs to be nonconforming, and required their removal no later than five (5) yeazs from the date of adoption of the ordinance: (a) All roof signs, except integal. (b) All pole signs, except those allowed in section 505-130 (special signage regulations by location or type of use) and section 315-50 (signage for hotel overlay district) or any pole sign determined by the community development director, based on a reasonable analysis of the available information, to have been built prior to annexation into the city, which is located within a counTy-owned right -of --way. (c) Painted wall signs, except those meeting the requirements of Section SOS-90fy1(81. and other than sh�ar�aphios-signs murals. Section 3. That Chapter 28, entitled "Land Development Code", Part 6, enflfled "Development Review Procedures and Requirements," at Article 635, entitled "Site Plans" is amended as follows: Chapter 28 Land Development Code Part 6 -Development Review Procedurea and Requirements Article 635 -Site Plans Section 635-50 Site plan data requirements : a w CEE) Shadow study for all buildin¢s 5-stories or taller. Section 4. That Chapter 28, entitled "Land Development Code", Part 8, entitled "Technical Appendix," Article 811, eatifled "Public Art Program" at Section 811-20 Definitions, is amended as follows: Section 813-20 Definitions. Section 8YY-Y40_ Mural guidelines. (A) O Th C't f D B h th t o r'o and d' th £ h to a. Murals are part of the Citv of Dania Beach Public Art Pro¢ram and are subiect to the followin¢ euidelines. Murals located in Dania Beach are an investment in the Public Art Plan and should contribute to the overarchin¢ coals of the elan. b. Murals in Dania Beach are eoverned bv: i. location Con oublic or private nronerty) ii. the use of oublic or private monies. and iii. their duration status (temporary or permanent). c. Mural p ' t rt t 'de of bl' bl' ht f d funded 'th t d Il d t d r al from the PAAB but are sub' t t all C't codes and other ordinances. [! e. Applications for new outdoor murals are reviewed by the Public Art Advisory Board (PAABL with fmal annroval by City Commission. f. M al PP d thr ¢b thi � t fr th C'tv c de (B) EIi ibili - An individual or or anization wishin to create an outd or oral in the Cit of Dania Beach must annly for annroval throueh the Dania Beach Public Art Pro¢ram, re¢ardless of the fundine source. Applicants may be: a. An individual artist or eroup of artists b- A business or buildin¢ owner c. A t-f -p ft ¢ani ti n h hb h d ti d ti al or communitvorsanization. Federal tax-exempt status SOlfc)(31 is not reeuired. (C) Mural Process. 1) � 1' t m is with City P bl" Art t ff/ It t f 'tial f th o osed location. imaeerv. artist's qualifications. fundin¢ sources and buildine owner's annroval. 2) Applicant submits a fully complete Mural Proaam Aonlication. 3) C'ri P bl' Art tafF/ ultant corms that there are no outstandin¢ issues with City of Dania Beach codes. 4) Staff presents the oronosal to the PAAB for review. 5) Th B d d ti nn d th Pt1t1B omntends a I t Cit Council. 6) If d b C 7 taff/consultant sends the artist an official letter of approval and a Notice to Proceed. (D) murals 1) Sunoort of mural by communiri. 2) Stre eth fth art f t d d tr t d t hni 1 skill d rt' 3) Ch t allure d hi t f th 'th h 's on relevance to the s ci£c aroma• 4) �p t f th d th � 1 t' hi t th undin2 environment: 5) Readability and appropriateness of scale: 6) Pl t b "ld' I d" the consideration of door and window coverin¢s: 7) Bud2et and timeline: 8) Contlrmation of ori¢inal work of the artist_ with no violation of convri¢hts: 9) D fl £ rt C tallation allowed on desi¢nated historic mopertv): 11) S 'tab'I'ty f th k f td d' 1 1 din¢ its maintenance and conservation requirements. (E) M I R o t E 1' t must demonstrate drat the will: 1) Create a mural tLat is visually accessible to the public. 2) Use materials that ensure mural loneevity and durability. 3) P t a Urfa d tru tore th t ' t ble and read f Yn 4) M t tandard f arti tic I'ri d 't b'I'ty f the neiehborhood. 5) H pl f a' ti ttt al that th aft f t s d th bl" d that d t ' d bl" If th aft 1 brnitted is not bein¢ adhered to. d th C't h 'dentified a safety risk to either the artist and/or the public. the City has th ht t t k Cl h £ th t f ty ' ddr ed b the artist. 6) U d fftt/[IV t th f h d �al that 'd t to vandalism and weather. 7) Provide a corov of a siened aereement in which the buildin¢ owner commits to keen the mural unchan¢ed and in ¢ood condition £or a minimum of 5 veers forpermanent murals. (F) A. Alteration or removal of murals must be annroved by the PAAB. Alteration or removal of the mural within the first five veers of the date of comnletion is roermitted under the followin¢ circumstances: a. The buildine on which the mural is located is sold. b. Th b 'ldi ¢ p o rtv b tantiall d I d alt d in a wav that precludes continuance of the mural. c. The mural falls into disrepair. Section 5_ That if any section, clause, sentence, or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. That all ordinances or part of ordinances in contlict with the provisions of the Ordinance aze repealed. Section 7. That this Ordinance shall be effective irs�mediately at adoption on second reading. PASSED on first reading on April 12, 2022. PASSED AND ADOPTED on second reading on April 26, 2022. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY TAMARA JAMES MAYOR L:tlty of Dania Beach. Florida Department of Community Development Planning and Zoning Division (954)924-6805 X3643 (954)922-2687 Fax DANIA BEACH °"" NY"t ""`" Standard Development Application Adminis[rative Variance Land Use Amendment Plat Rezoning Site Plan Spacial Exception Variance Other: Dace Ree•a: Pe[itlon No.- TX-029-22 (SEEAPPLIGTION T'PE SCNELWLE ON PAGE59 A 4) TNIS APPLICATION WILL NOT BE ACCEPTED UNTIL I7' IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and ^Required Documen[ation" checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Clty Building Division. For more Information please reference the Dania Beach Land DevelopmenC Coda Part 6. Development Review Procedures and Raquiramen[s_ Location Address: CITY WIDE Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): Legal Description: Applicant/Consultant/Legal Representativecclnaaone) CITY OF CGANIA BEACH Address of Applicant, '100 W MANIA BEACH BL�/IJ Business Telephone: E-mail address: Name of Property Owner: _ Address of Property Owner: Business Telephone: Home: Home: Fax: Fax: EX1'wMENOMENT POORE331NO PAYMENT IN LIEU OF PNRKINO FEES TNO sUpERGRhPHICs Explanatlon of Requas[: T For Pats p/ease provide proposed Mat Name for VaNanc+es please attach GNfar/ +� tc t as per SacY/on 625.40 of Cho Land OaVe/opment Code. Prop. Net Acreage: Grass Acreage: Prop. Square Footage: Existing Use: Proposetl Use: � Gf 4 Uptlela[1 t L202t Is property owned individually, by a corporation, association, or a joint vanture3 I/we are fully aware of the request 6eing matle to the City of Dania Beach. If I/Wa are unable to ba present, I/wa hereby authorize (Individual/firm) to represent ma/us in all matt¢rs relat¢d to this application. I/we hereby acKnowladga that the applicable fee was established to offset adminiskrativ¢ costs and is not refundable. I/we are fully aware that all approvals automatically ¢xpire within 12 months of City of Dania Beach Planning and Zoning Board or City Commission approval, or pursuant to the expiration tlmeframa listed in Part 6 of the �anla Beach Land Oevalopmant Coda. STATE OF FLORIOA COUNTY OF 6ROWARO By: Tha forgoing instru m¢nt (O ar / ent signature'K) Was acKnowletlged BEFORE ME THIS � 6�"' OAY OF r��w�+<,vl— _ 20 Z "Z By. (Print nam�¢ of/p¢rson acicnowledging) Notary�-�'�'� � � � (7olnt owner signature if applicable] (Signature of Notary Public —State of }z•� /��✓��' ] Personally Known i�r Produced Idan[iflcaiion Type of identification produced: . Y:eNP:••... DESOIWIESASINO F �'': MY COMMISSION # 002#3a20 =:y..fa= E%FIRES: M �'1?� 20'N 2�lan "''?e�f�=' BonEee Tl�n�Nou�Y or Drivers License '�If joint ownership, both parties must sign. If partnership, corporation or association, an authorized officer must sign on behalf of the group. A notarised latter of authorization from the owner of record must accompany the application if an authorized agent signs for the owner(s). NO APPLICATION WILL BEAUTOMATICALLYSCNEOULEO FORA MEETING_ ALL APPLICATIONS MUST BE OETERMINEO COMPLETE BY STAFF BEFORE PROCESSING OCCURS_ z .,rn upemae nizozi Silk C,p�+��ei .�� Printed: 3/3l/2D2210:52:51 AM v�aaa.� FORUM PU 9LISHINC 6POUP Page 2 Ui 3 Order ID: T 82]2l `Agency Commission not inclutletl GROSS PRICE' : $396.60 PACKAGE NAME: SSC Noiice of Public Meeting Product(s): Sun Sentinel, Affidavit, Floritlapublicnotices.com, Classified.ss.com_Legal Ad Size(s): 2 Column Run Oate(s): Monday, April 4, 2022 Zone: Full Run Color Spec. BAN Preview NOTICE OF PUBLIC HEAPING CRY OF DAN W BEACH, FLORI OA A PUbIIC H6af111g NHII be COIIdUCteO by the Cky Of Dania B@aCh Planning B ZOmrIg BPBm on the knowing tlate to consider the TOIIowlrlg appllratlgn: The Planning 8. ZOning Bgaftl wYl be cantluctlnR a ^HYbfltl' meatMg In the commission C�ronaNNS DlSeas@ 20t9 (COVIO-19). DATE: wetlnesday, APdl 20, 2022 TIME: J:DO p.m. or as SOOn thereafter as the same may be heartl PLACE: P18rming ®mMng BOam'Hybtltl' meetlng Illy commission chambers Darla Beach dty Hall 1OD W95f Dania Beach Bnm. Dania Beadl FL 330D4 Or Please eah 9549246805 E%[3Z92 Or Wslt https://danlabeaChfL gOV/2589/Planpklg-mmng-Boaltl for detail Insttuctlgns qn how to attentl virtually. SUBIECr:TX-29-22: Tn@ appncani City of Darla Beach Is requesting several tm[t amentl- fllents rothe cit)rs G]tle, m adapt amell(Iments antl reflnemenLS to the land Devalop- ment mda. The fallowing is Me proposetl Ordinance of the matter: Sun.Ses�.tir�el �� FORVM PUHLZ9N[N60ROVG Ortler lD: Jt82J2t GROSS PRICE' : $396,80 PACKAGE NAME: SSC Notice of Public Meeting THIN, PROVIDING FOR CODIFK:ATK]N, CONFUCTS� SEVERABILRY; AND FURTHER, P(20W6 ING FOR AN �FEC11 VE DATE. Cpples of the proppsad requests or apppNcable In(prmatlon are ava8able on Ilne. For more Ip(Onr18)lOn, pleasB Call the PI8On1Og DIWSIOD at (954) 924-6805 Ext 3J04 antl Staff WIII Wrectyou m the oMine project Informatlon. In acmrtlance with ma Anlaticans wkh DlsabNitleS Ack perspns nestling assistance ro participate In any of m@se pmceetlings shoulG contact the Gty GerK's offio@ tpo west Dania Beech pOplavanl, Dania peach, FIOROa 330p4, (954) 924-6800 EXL 3624, at Ieast 48 hours prior m the meeting. Application Ir1(ORrlatlon Appilcatlon site: City Witl@ Plop@Ct:1@XiAm@r W menffi RagD@SC TO HOOP[ am@ntlm8nffi 8nd l@f{n@maOtS LO the IHptlS OBV@IOpRI@nt COD@. .4pppcank city of w Na eeech Hearing Date 8 TIm@: ApHI 20, 2022 at J:m PM H@8!I!1$ LOCaIfOp: PlaOpin$ & ZONp$ ROem'Hyblld� ma@tlp$ Gry Commission chambers Carla baatlt Cby Hall lop west Darla Beach BNtl. Dania @6ach FL 33004 Of PI@a3e Cell 984924-6805 Dct 3192 Or WSYt httOa://OanlabaechB.Yw�zsa9Mlannli - connne laJom, AICH A5315®m DR@C[Of, f954) 924-6806 EXt. 3]O4 J182J21 Prin[etl: 3/3l/2022 t0:52:5T AM Page 3 of 3 Agency Commission no[ Included