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HomeMy WebLinkAbout2022-03-16 Hybrid Planning and Zoning Board/Local Planning Agency MinutesDANIA BEACH SEA IT LIVE tr. LOVE Ir. HYBRID MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING COMMUNICATIONS MEDIA TECHNOLOGY WEDNESDAY, MARCH 16, 2022 7000 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OP'I'HE PROCEEDING. AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION 1S REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAIU OR RECEIVED IN CONNECTION IVITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONB HUNDRED DOLLARS ($100,00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: W W W.DANIABEACHFL.GOV. (ORDINANCE N2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN AN'r' OP TFtESE PROCEEDINGS SHOULD CONTACT' THE C11'Y CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 330045 (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR To THE MEETING. !N CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NO'f 'f0 INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. I. ROLL CALL The meeting was called to order at approximately 7:02PM 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 Vice Chair Albert C Jones Absent Jonathan Thomas Present Derrick Hankerson Present Traian Thomas Popescu Present Charlotte Sloboda (Alternate) Present Eve Boutsis, City Attorney Eleanor Norena, CFM, Director Conan Dev (virtually) Corinne Lajoie, AICP, Asst Director Comm Dev Richard Lorber, AICP, Planning and Zoning Manager IbeI Larios, Board Clerk City Attorney Boutsis explained that since the Chair and Vice Chair were absent, someone should be selected to run this meeting. Motion was made by Jonathan Thomas to select Derrick Hankerson to run todgv's meeting and was seconded by Charlotte Sloboda. Motion passed 44. The Pledge of Allegiance was recited. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board /Local Planning Agency from the February 16, 2022 hybrid regular meeting. Motion was made by Jonathan Thomas to approve the minutes of the lrybr•id meeting of the Planning & Zoning Board/Local Planning Agency for February 16, 2022 as presented atul was seconded by Trairaea Thomas Popescu. Motion passed 4.0. III. PUBLIC HEARINGS 1. RZ-55-21: The applicant, 3851 Stirling Holdings, LLLP, is requesting rezoning from the Single -Family Estate Residential District (&I) to the Planned Residential Development District (PRD-1) for property generally located at 3851 Stirling Road. (TO BE CONTINUED) City Attorney Boutsis explained that even though this agenda item was to be continued, the public was to be invited to speak. Maurice Gray, virtually attending, was sworn in by t/re City Attorney. He stated that his property was located on the west side of the proposed development. All the properties around there were single fancily homes and now a development would be brought ill. With more people and apartments, there would be more crime, congestion, traffic, etc. He objected to this project being built there at this point in time and also objected to the rezoning. He would like to see a development that included single family homes. The City Attorney explained that the orrly thing proposed tonight for this agenda item was tl:e continuance to tl:e next meeting. She asked if there was an opposition to the actual continuance and Mr. Gray said l:e was not opposed to the continr�ance. Assistant Director Community Development Lajoie further explained that this would be continued to the Apri120, 2022 meeting. Motion was made by Charlotte Sloboda to continue this agenda item (RZ-55-21) to the next meeting and was seconded by Acting Chair Hankerson. Motion passed 4-0. 2. WA-15-22: The applicant, Mirriam Fossati/Premier Cellars, requests a waiver from the one thousand (1,000') foot distance separation requirement pertaining to the sale of alcoholic beverages, for the property located at 2830 S State Rad 84, Unit 107. (TO BE CONTINUED) Assistant Director Community Development Lajoie explained that the Applicant requested that this agenda item be continued to the Apri120, 2022 Meeting. They were working with a management 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 Jonathan Thomas to continue this agenda item (WA-15-21) to tl:e April 20, 2022 meeting and was seconded by Traian T/comas Popescu. Motion passed 4-0. Staff members 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' 0") foot high fence on a portion of the front of the property line, where a maximum of four (4' 0") feet of height is permitted, for the property located at 4561 SW 25 Avenue. Planning and Zoning Manager Lorber explained that he would be malting 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 explained 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 of the 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 the existing fence and gate.. The surrounding neighbors were in support because of the applicant's safety, security, and privacy. The City did not receive anything in opposition. Mr. Lorber went over the five 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 for 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 father is a contractor and he built her fence 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 properly and she begged to be able to keep it. She did not want to move. Questions from the Board were called and Jonathan 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 sihiation 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 fence, 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 that. Motion was made by Charlotte Sloboda to approve the variance request for this agenda item (VA-14- 22) and was seconded by Jonathan Thomas. Motion passed 4-0. Hybrid Plnnning and Zon/ieg Boar�ULocal P/air�:ing Agency Minutes 2 March 16, 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 PowerPoint 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 sunsetted Cultural Art Council Advisory Board had a difficult 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 one City Commissioner to sit as a liaison to the Board, the things members must be knowledgeable in, etc. She 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 ofthe Board would occur on Apri120, 2022 when the Board would make its recommendation to the City Commission. City Attorney Boutsis said that they could make their recommendation tonight but there was an advertising issue and this would have to be brought back to the Apri120`" 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 Attorney 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 $1,000,000 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 great 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 Attorney 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 0.5%. 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 next 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. City Commission actions on items previously heard by the Board. Not discussed. 2. Upcoming Meeting Date: April 20, 2022 There would be a meeting V. MEETING ADJOURNED As all business was ftnished and without objection, the meeting ti��as ac jor�r�7ed at appr•oxifr7ately 7: 35PIYI. Hybrid Planning and Zoning Board/Locnl Planning Agency Minutes 3 March I6, 2022 ATTEST: LARIOS tD CLERK W. QUIN ROBERTSON, CHAIR PLANNING AND ZONING BOARD ZZ For more details regarding this meeting of the Planning and Zoning Board/Local Planning Agency, please request a file of the meeting by calling Ibel Larios at (954) 924-6805 X3792 or emailing ilarios@daniabeachfl.gov. Hybrid Plnnnrng and Zacing Bonr�ULoca! Planning Agency Minutes 4 March 16, 2022