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HomeMy WebLinkAbout2023-05-17 Planning and Zoning Board/Local Planning Agency Agenda PacketPlanning and Zoning Board AGENDA H:\Community Development Work Folder\~PZ Board\P-Z Agendas\2022 CITY OF DANIA BEACH PLANNING AND ZONING BOARD / LOCAL PLANNING AGENCY REGULAR MEETING Wednesday, May 17, 2023 7:00 PM I. ROLL CALL II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from the March 15, 2023, regular meeting. III. PUBLIC HEARINGS 1. VC-095-22: The City of Dania Beach is requesting to vacate unimproved Right-of-Way (portion of SW 2nd Terrace and SW 2nd Place) adjacent to the North and South sides of Mullikin Park at 230 SW 1St Court. 2. TX-022-23: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, amending the Public Art regulations allowing for the return of Public Art escrow funds. 3. TX-028-23: The applicant, City of Dania Beach, is requesting several text amendments to the City’s sign regulations, to adopt amendments and refinements to the sign code in the Land Development Code. (Continued to June 21st Meeting) IV. BOARD ITEMS 1. City Commission actions on items previously heard by the board: • TX-096-22: Several text amendments to the City’s Code; Approved by City Commission at 2nd Reading on the April 25th Meeting. 2. Upcoming meeting dates: June 21, 2023 V. MEETING ADJOURNED ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE PLANNING AND ZONING ADVISORY BOARD WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL TWO HUNDRED FIFTY DOLLARS ($250.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019; AMENDED BY ORDINANCE #2019-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. MEETING MINUTES CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY WEDNESDAY, MARCH 15, 2023 7:00 PM I. ROLL CALL The meeting was called to order at approximately 7:01PM by Chair Robertson. Board Clerk Ibel Larios called the roll. Chair W. Quin Robertson, PhD, GISP Present Eve Boutsis, City Attorney Vice Chair Derrick Hankerson Absent Corinne Lajoie, AICP, Asst Director Comm Dev Jonathan L. Thomas (arrived 7:05PM*) Present Ibel Larios, Board Clerk Morris Stowers Present Viviana Bautista, PZ Senior Manager Luis G. Rimoli Present Planning Associate Joyce McPhee Assistant Director Community Development Lajoie suggested a motion to excuse board absences. Motion was made by Chair Robertson to excuse Board Member Hankerson’s and Board Member Thomas’ absences tonight and was seconded by Board Member Stowers. Motion passed 2-1 (Board Member Rimoli opposed). II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the February 15, 2023 hybrid regular meeting. Motion was made by Board Member Stowers to approve the minutes of the hybrid meeting of the Planning & Zoning Board/Local Planning Agency for February 15, 2023 as presented and was seconded by Board Member Rimoli. Motion passed 3-0. *Board Member Jonathan L. Thomas arrived at approximately 7:05PM. III. PUBLIC HEARINGS 1. SP-048-21/ OT-003-23/ OT-004-23/ VA-031-22/ VA-086-22: The property owner, 684 SW 7 Terrace, LLC request approval of a Site Plan, Design Variations, and Variances to allow the construction of a showroom warehouse on the property at 684 SW 7 Avenue. City Attorney Boutsis swore everyone in (staff, applicant, etc.) who was going to speak on this item. Then she asked for any ex-parte communication and there were no board member disclosures. PZ Senior Manager Viviana Bautista gave a slide presentation. She explained the location of this vacant property. By showing the site plan, she explained the reasons for the design variations and the variances. She pointed out that there were two utility easements to the eastern and western buffers and the L-shape of the property. The applicant did a community outreach and the City received one email in support of the item. There were no objections. The applicant also wrote the justifications for the variance criteria. The site plan was reviewed by the Development Review Committee (DRC). Staff’s recommendation was to 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 REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. Planning and Zoning Board/Local Planning Agency Minutes 2 March 15, 2023 approve the Site Plan Resolution, Design Variations, and Variances providing that the remaining DRC comments were made conditions of the approval and must be addressed prior to the issuance of a building permit. She informed that the applicant was in attendance tonight for any questions and she would also answer any questions. Chair Robertson said he was in favor of this application and opened it up to Board questions. Board Member Rimoli wanted to know if the parking would be seen first upon entering the property and was the showroom open to the public. PZ Senior Manager Bautista answered that you would see the parking first and the owner, Gigel David, answered that the showroom was not open to the public and would be by appointment only. Board Member Rimoli asked about inventory because he wanted to know if a large truck had to get in there. The owner explained that it was client’s inventory and most of his trucks were like a van or pick-up truck. The owner also answered that he has four employees in his company. Board Member Thomas said that this was a residential area and he wanted to know the time of deliveries or what were the service hours. He was answered by the applicant that the business was open from 7:00AM to 3:30PM and most deliveries were in the afternoon – after lunch. Board Member Rimoli then asked Staff if the response they received was from a resident and he was answered by PZ Senior Manager Bautista that the response came from a resident to the south, across from the property, who was in favor of the project but wanted the landscape maintained. She explained to the resident about the utility lines. Board Member Rimoli asked about reaching out to the other neighbors on the street to see if they had any concerns about the construction or any other impact to them. Ms. Bautista pulled up the map and explained about the other properties on the street. She said that the applicant sent letters and the property was posted. Board Member Stowers asked about the business fabricating counter tops and Mr. David explained that the product comes pre- finished and they would only trim it in the facility. They just cut it out to fit the size of the job. They would have displays in the showroom of kitchens, vanities, sinks, etc. He wanted to know if the tenants in the duplexes were notified. He was answered about the City’s requirements for notification and that the City had information on the property owners and not information on the tenants. For tenants driving down that road, they would see the signage on the property with notice of the hearing and there was newspaper advertisement. For clarity, he was informed that this was a mixed use neighborhood and this use was authorized. There was a question about the height if it was two stories but it was not. As there were no further board questions and no one from the public wished to speak or ask questions, this was closed. Motion was made by Board Member Rimoli to approve this item, SP-048-21/ OT-003-23/ OT-004-23/ VA-031-22/ VA-086-22 and was seconded by Board Member Stowers. Motion passed 4-0. 2. TX-096-22: The applicant, the City of Dania Beach, is requesting several text amendments to the City’s Code, to adopt amendments and refinements to the Land Development Code. (Continued from the February 15th Meeting) Assistant Director Community Development Lajoie gave a PowerPoint presentation explaining that on September 14, 2010, the City Commission approved the City’s new Land Development Code (LDC) referred to as OneCode. It was a unified development code. At that time, we had three different annexations and, therefore, three different versions of the code. As Staff would use the new regulations, different things showed up like vague and ambiguous language, scrivener’s errors, etc. which Staff hoped to address tonight. She went over the eleven amendments that included but not limited to the subject of Containers, Outdoor Seating, Mobile Food Vendor, etc. All were listed in the Community Development Department Staff Report dated March 15, 2023 re: TX-096-22. She reminded that the Board this evening, for this item, was acting in an advisory role and would make a recommendation to the City Commission where it would go through two readings at the Commission. City Attorney Boutsis said that on page 6 of the draft Ordinance, under Mobile Food Vending Conditions of Use, under (a), going forward we would have to strike it and put RESERVE there and she explained that it was due to changes in State Statute. Chair Robertson called for Board questions/comments. He said that the only thing that bothered him was the styrofoam. City Attorney Boutsis explained that on City property, they were requiring compliance with their Ordinance regarding styrofoam, plastic containers, etc. but the State preempted them from enforcing it anywhere else other than City parks, facilities, etc. As there were no further board questions and no one from the public wished to speak or ask questions, this was closed. Planning and Zoning Board/Local Planning Agency Minutes 3 March 15, 2023 Motion was made by Board Member Rimoli to recommend approval of this agenda item, TX-096-22, to the City Commission and was seconded by Board Member Thomas. Motion passed 4-0. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. None 2. Upcoming Meeting Date: April 26, 2023 This room was being used on the Board’s regular night, so the meeting date was changed to April 26, 2023. Board Member Rimoli was granted time for his personal comment. He said that when buildings were built they looked beautiful but later on that changed, especially in landscaping. We should talk to our Commissioners and City Officials to hold developers responsible for a long-term process for these buildings. They should be held accountable to maintain their buildings and the landscaping at a level and standard we all expect. Assistant Director Community Development Lajoie explained that the way that was enforced was through Code Compliance and there were property standards. City Attorney Boutsis suggested that they could look at places like Miami Beach. The Planning Staff could forward over to Code the site plan itself and have a ticketing system for non-compliance with the site plan for the landscaping portion. V. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 7:37PM. ATTEST: ______________________________ _______________________________________ IBEL LARIOS W. QUIN ROBERTSON, CHAIR BOARD CLERK PLANNING AND ZONING BOARD (Date) (Date) 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.