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Home My WebLink About2022-12-21 Hybrid Planning and Zoning Board/Local Planning Agency MinutesDANIA BEACH SEA It LIVE LL LOVE 1r. HYBRID (IN PERSON AND VIRTUAL) MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY CONDUCTED USING ZOOM TECHNOLOGY WEDNESDAY, DECEMBER 21, 2022 7:00 PM ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION IS REQUBLED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECELVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: W W W.DANIABEACHFL.GOV. (ORDINANCE #2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABII.ITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICII'ATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CTTY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIl3RATE. iF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. I. ROLL CALL The meeting was called to order at approximately 7:OOPM by Chair Robertson. Board Clerk Ibel Larios called the roll. The board members and staff were attending in person. Chair W. Quin Robertson, PhD, GISP Jonathan L. Thomas Derrick Hankerson Morris Stowers Luis G. Rimoli Present Jon Gurney, Assistant City Attorney Present Corinne Lajoie, AICP, Asst Director Comm Dev Present Ibel Larios, Board Clerk Present Viviana Bautista, P&Z Senior Manager Present Joyce McPhee, Associate Planner II. SWEAR IN NEW BOARD MEMBERS Assistant Director Lajoie introduced the new Assistant City Attorney Jon Gurney who swore in the new board members. Then Assistant Director Lajoie announced that there would be elections for Chair and Vice Chair at the next meeting. III. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board /Local Planning Agency from the September 213 2022 hybrid regular meeting. Motion was made by Jonathan Thomas to approve the minutes of the hybrid meeting of the Planning & Zoning Board/Local Planning Agency for September 21, 2022 as presented and was seconded by Derrick Hankerson. Motion passed 5.0. IV. PUBLIC HEARINGS 1. VA-081-22: The property owner, All South Florida Development Inc., is requesting approval of a Variance to allow a seven feet (7') side setback where a minimum fifteen feet (15') setback is required and driveway width of twenty feet (20') where the maximum width is eighteen feet (18') for the property located at 218 SW 1 Avenue. Assistant Community Development Director Lajoie introduced a new staff member, Joyce McPhee, who would give a PowerPoint presentation for this agenda item. The Associate Planner showed an aerial photo depicting the site/location of the property and then the survey. The lot was narrow and that was a unique circumstance for the proposed two variances. The property was in the Neighborhood Residential District (NBHD-RES) with a land use designation of Regional Activity Center (RAC). The Assistant City Attorney asked for anyone who was speaking on any item tonight to please stand and raise their right hand and he swore them in. Associate Planner McPhee continued her presentation by stating the applicant was proposing the construction of a new single-family home on the property which was currently vacant. She explained the two variances by stating what was required by code and what the applicant was requesting. She said that the applicant supplied a justification statement explaining the need for each variance and how they met the variance criteria. There were no board questions. The applicant, John Bartley, explained the properties that surrounded this property and why he asked for the two variances. There were no board questions. The Chair asked the public if they wished to speak for or against the item. No one wished to speak, so this closed. Motion was made by Derrick Hankerson to approve tlae two Variances requested in VA-081-22 and was seconded by Jonathan Thomas. Motion passed S-0. Assistant City Attorney Gurney apologized for not asking sooner and then inquired about ex pane communications for the first agenda item just heard. There were no disclosures to report. 2. VA-085-22: The property owner, Colby Rosenquist, is requesting approval of a Variance to allow the construction of a dock to extend fifteen feet (15') eight inches (8") from the property line where only eleven feet (11') is allowed and a boat lift to extend thirty-two feet (32') six inches (6") from the property line where only fifteen feet (15') is allowed. Senior Manager Viviana Bautista gave a PowerPoint presentation for this agenda item located at 4405 SW 26 Avenue. She showed an aerial photo depicting the location of the property in the Single -Family 6000 (RS-6000) zone with a Future Land Use (FLUM) designation of Low (5) Residential. She explained the two variances (dock and boatlift) by explaining what was required by code and what the applicant was requesting. She testified about the current site conditions and the proposed variances. She spoke about the neighbor's concern and that the applicant supplied a justification statement explaining the need for each variance and how they met the variance criteria and complied with all the items from the code. She said the applicant's representative was here and also had a presentation. Board Member Rimoli asked where the dock would be located and the Senior Manager showed the location on the map and said they received approval from the South Florida Water Management District for this project. He then wanted to know how far out into the waterway would the dock extend and she answered the total project would stick out thirty- two feet and six inches. He then wanted to know were there any other docks sticking out that far into the waterway and she showed the one she used as an example to demonstrate navigable access. The Senior Manager confirmed to the Chair that they received South Florida Water Management District's approval for this project. There were no other board questions and the consensus was that the board did not need any further presentation. Attorney Hope Calhoun, on behalf of the applicant, said she was here to answer any questions. With no other board or public questions/comments, this was closed. Assistant City Attorney Gurney inquired about ex pane communications for this agenda item but there were no disclosures to report. Motion was made by Luis Rimoli to approve the two Variances requested in VA-085-22 and was seconded by Morris Stowers. Motion passed S-0. 3. TX-087-22: The applicant, the City of Dania Beach, is requesting a text amendment to the City's Code of Ordinances, amending the Public Art regulations. Assistant Director Lajoie explained that for this agenda item, the board was acting in an advisory capacity to the City Commission and would make a recommendation tonight to them. She gave background information stating on December 10, 2019, the City Commission established the Public Art Fund and on Apri126, 2022 they created/appointed the City's Public Art Advisory Board (PAAB). The proposed text amendment clarified the role of the PAAB which would ensure that all public art installed was reviewed by the PAAB and was consistent with the adopted Public Art Master Plan and Guidelines. It defined Public Art and explained that any type of art installed in the City by the City Commission needed the PAAB recommendation even if not utilizing the Public Art Fund. Also, all selections of art pieces and/or artists recommended by the PAAB must comply with the City's Procurement Policy guidelines and must be approved by the City Commission (regardless of cost). Because this was a text amendment changing City Law, it required two readings at the City Commission. Staff recommended approval of the text amendment. Hybrid Planning and Zoning Board/Locnl Planning Agency Minutes 2 December 2I, 2022 Derrick Hankerson asked if the installed art had no cost, did it still need PAAB approval and Assistant Director Lajoie answered in the affirmative explaining that some artists make donations. Luis Rimoli asked a question regarding Pronto Pizza and its mural installed all over the building. Assistant Director Lajoie said the PAAB needed to approve it. To her, this was more an advertisement sign and she explained why. She further stated that Code would be going out there. Pronto Pizza did not get approval for what they did. Also, other properties followed suit. Luis Rimoli wanted clarification if there were no written words but just art, if it would require the PAAB to give its recommendation. Assistant Director Lajoie answered in the affirmative and explained the PAAB process. He further wanted to know if someone had to get an artist's recommendation from the PAAB. The Assistant Director explained that the property owner could choose their artist but we would want the artist's bio which would show what else they have done, etc. Derrick Hankerson spoke about his past experience when a company's logo was considered art and not considered signage. These companies wanted their logo considered artwork and to be prominent and did not want to have this approved by local entities. Assistant Director Lajoie explained that once you put letters or maybe a cup or something else associated with the property, it would become signage. Luis Rimoli worried about too many layers of approval. In his opinion, what Pronto Pizza did was cool and it stands out. Derrick Hankerson thought this was a dilemma of who we were becoming. We have to figure out who we are and who we want to be. Luis Rimoli said this changes what businesses could do in the future. Morris Stowers inquired about if it was art or lettering or both or any of those combinations and what was required. Assistant Director Lajoie said that for murals, they had to have artist renderings. She clarified that the text amendment today was for art installed or commissioned by the City Commission itself. As there were no more questions/comments, this was closed. Motion was made by Luis Rimoli to recommend approval of this agenda item, TX-087-22, to the Ciry Commission and ►vas seconded by Morris Stowers. Motion passed S-0. V. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. i. September 27 Meeting: TX-069-22 Swales (2"d Reading): Approved ii. October 11 Meeting: VC-069-22 Vacation of CW Thomas (2°d Reading): Approved iii. October 25 Meeting: Water Supply (2°d Reading): Approved 2. Upcoming Meeting Date: January 18, 2023 VI. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 7:35PM. ATTEST: (Date) Q?/%I u 0Z3 (Date) �/�6�� 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 Ptnnning and Zoning Board/Locnt PlnnningAgency Minutes 3 December 2I, 2022