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HomeMy WebLinkAbout2023-08-16 Planning and Zoning Board/Local Planning Agency Agenda Packet CITY OF DANIA BEACH PLANNING & ZONING BOARD/ LOCAL PLANNING AGENCY – AGENDA CITY COMMISSION CHAMBERS/ CITY HALL 100 W DANIA BEACH BLVD WEDNESDAY, AUGUST 16, 2023 – 7:00 P.M. - I. ROLL CALL II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board/ Local Planning Agency from the July 19, 2023, regular meeting. III. PUBLIC HEARINGS 1. VA-050-23: The applicant and property owner, Emilia Turc, is requesting a variance to allow a nineteen-foot (19’) high detached garage in the rear of the property located at 262 SW 7th Street. 2. SP-016-23: The applicant, Dania Riverfront, LLC, requests approval of site plan to allow the construction of a 11-unit townhome development on the property located 4664-4680 SW 32nd Avenue. 3. TX-069-23: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, Land Development Code (LDC) amending the site plan regulations regarding duplex use. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the board: no updates. 2. Upcoming meeting dates: Thursday, September 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. CITY OF DANIA BEACH PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY - MINUTES CITY COMMISSION CHAMBERS/CITY HALL 100 W. DANIA BEACH BLVD. WEDNESDAY, JULY 19, 2023 – 7:00 P.M. I. ROLL CALL The meeting was called to order at approximately 7:00PM by Chair Robertson. Board Clerk Larios called the roll. Discussions/actions were notated but were not limited to what was typed. Chair W. Quin Robertson, PhD, GISP Present Eleanor Norena, Director Vice Chair Luis G. Rimoli Present Eve Boutsis, City Attorney Derrick Hankerson Present Viviana Batista, PZ Senior Manager Jonathan L. Thomas Present Ibel Larios, Board Clerk Morris Stowers Present II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the June 21, 2023, regular meeting. Motion was made by Board Member Stowers to approve the minutes of the meeting of the Planning and Zoning Board/Local Planning Agency for June 21, 2023, as presented and was seconded by Board Member Thomas. Motion passed 5-0. III. PUBLIC HEARINGS 1. SP-023-23/VA-048-23: The applicant, Franmar Properties of South Florida, LLC, requests approval of Site Plan and Variance for the development of a site for storage and bus parking for the property generally located on the north side of Southwest 42 Street, between Anglers Avenue/Ravenswood Road and Southwest 22 Avenue. City Attorney Boutsis reviewed the process for the proceedings and said she would swear anyone in (staff, applicant, public, etc.) who would be testifying except for attorneys. Then staff would make their presentation. The board would ask questions of staff. The applicant would then present and answer any board questions and could save some time for rebuttal, if needed. The public hearing would be open, and the general public would speak and/or ask questions which was usually for three minutes. If anyone Planning and Zoning Board/Local Planning Agency Minutes 2 July 19, 2023 requested more time, that was a board decision for additional time. After the public has spoken and questions answered, the public hearing was closed. After board deliberation(s) amongst themselves and question(s) answered, a board decision would be rendered. City Attorney Boutsis then discussed disclosures which were any communication that a board member may have had with the applicant or the applicant’s group (e.g., attorneys, engineers, architects, etc.) or any communication with the public. She spoke about and put on the record, two communications that were from the general public. She explained that one was from David Reich (handwritten and typed). Board Clerk Larios said besides that correspondence, there was also a previous one from David Reich and three videos which were also put on record. City Attorney Boutsis then said there was an email from Darin Persan in support of the bus project application and put on the record. City Attorney Boutsis then asked anyone on the board, if they had any communication with anyone and if they could remain impartial after any communication. Board Member Stowers disclosed his discussion with Josh Freeman about the bus company and informed that nothing said would prejudice him rendering a decision. Board Member Hankerson had a call from Josh Freeman (a registered lobbyist with the City of Dania Beach) who was working on behalf of the applicant trying to move things along. Board Member Hankerson could remain very much unbiased. Board Member Thomas also had a call from Josh Freeman. Board Member Thomas also received emails but he did not know who they were from as he did not have a chance to open them. He could remain unbiased. Vice Chair Rimoli also received a call from Josh Freeman and could remain impartial. He also received emails showing pictures and videos but uncertain as to whom it was from. The City Attorney thought that this might have been from David Reich. Chair Robertson spoke with Josh Freeman for a brief time and said he just summarized the project. The Chair stated that he could remain impartial. He also received the emails with videos. The board had no questions, and staff was ready to present. City Attorney Boutsis swore everyone in who was going to testify tonight on any item. PZ Senior Manager Viviana Batista gave a slide presentation for the application regarding Academy Bus. She explained the location of the four parcels (.79 acres total). The site plan request was for overnight parking for the fleet of buses. The property was vacant and there were no code violations. City Attorney Boutsis explained that about one year ago, the applicant came in and wanted all his property to be in the City of Dania Beach and there was a way to do this annexation through the County. All of the steps have been taken but the effective date she thought would be the end of September 2023 when all of that property would be annexed into the City of Dania Beach. PZ Senior Manager Batista then explained the variance. The Code required parking twenty-five feet away from the property line and they were asking to park fifteen feet closer. This would cause a ten foot setback. She said that multiple property owners have shown support for this project and there were conditions for approval because of concerns voiced. She went over these conditions and answered City Attorney Boutsis’ question regarding the location of the no-parking signs so that buses could not park on the swale or on the street. This agenda item has gone through the Development Review Committee (DRC) and several comments were also conditions of approval. She testified that staff was recommending approval of the site plan and variance and informed that the applicant was here this evening. PZ Senior Manager Batista answered City Attorney Boutsis that the bus company was already located in Dania Beach across the street from the four parcels. They were expanding onto Broward County property that would become Dania Beach property. The south property would be for operations and the north property would be for the fleet parking. City Attorney Boutsis explained that once the Broward County property would be in the jurisdiction of Dania Beach, there would have to be a Future Land Use Amendment to be consistent with the area. She explained about the airport expansion years ago. The City Attorney stated that this whole area used to be a residential area and homes had to be removed. Due to County conditions, this area had to be industrial for the future. She believed that Mr. Reich was one of the last people living in a residential home in this area. There were no board questions, and the applicant came up to the podium. Planning and Zoning Board/Local Planning Agency Minutes 3 July 19, 2023 Kelly Ray, consultant - Leigh Robinson Kerr & Associates, Inc., gave a PowerPoint presentation which showed the existing Academy Bus location and the proposed site. Even though both were owned by Academy, they would operate independent of one another. She then explained about Academy Bus starting with the fact that it was the largest private bus company in America. This Dania site would allow them to support the airport plus any regional events. They were good neighbors who would beautify their property and she spoke about the landscape plan. From the site plan, she showed that there were 27 total bus parking spaces and 38 employee parking spaces. She pointed out access in and out of the property (egress and ingress). City Attorney Boutsis said there were 26 conditions in the resolution, and wanted to know if the applicant had any objections to them. Attorney Leigh Kerr, Leigh Robinson Kerr & Associates, Inc., answered that they were agreeable to them but there were concerns on two conditions. The Future Land Use Changes was one concern, and he would like to do the rezoning right now since the City was updating its whole Comprehensive Plan. They were willing to file a rezoning application right after the annexation became effective September 2023. The other concern was the hours of operation. He explained about disruptions in schedules so there might be times when buses were there before or after the hours of operation. They would need some flexibility for something happening out of the ordinary. City Attorney Boutsis said that the rezoning could not happen without a change in the Future Land Use and explained why it might or might not happen soon. Attorney Kerr requested rebuttal time, if needed, and the Chair granted it. Vice Chair Rimoli asked about the height of the buses and Kelly answered eleven feet six inches – basically twelve feet. Chair Robertson asked if the western border was against the road and she answered yes - the right-of-way, 22nd Avenue. Vice Chair Rimoli asked if the proposed wall on the west side eight feet and he was answered that it was. He then wanted to know why it was not twelve. PZ Senior Manager Batista testified that the Code allowed it to be eight feet high. If they wanted higher, they would need a variance. It was explained that with the wall and vegetation, it would be twelve feet high. Vice Chair Rimoli wanted to know what type of vegetation would be used. Attorney Kerr said it would be both trees and hedges. There was an FPL line there so it would have to be “the right place with the right tree”. Vice Chair Rimoli also wanted to know how the lighting on the property was going to project and from what direction. Attorney Kerr said that staff requested shields and shields and were specified in the plan. The shield would direct the light down. Board Member Hankerson said that the gates were chain link and he assumed the opaque mentioned earlier. Attorney Kerr explained that the rolling gates would be opaque but the west would be a wall. Board Member Hankerson asked about employee parking growth so that there were enough spaces for current and future employees and was answered that there were 38 spaces. Board Member Stowers wanted to know when was peak season for the buses to run. Chris Wass from Academy Bus answered that peak season was usually in the wintertime. Summer months were usually slow. He further answered that the number of employee parking spaces were enough. As there were no other board questions, the Chair opened the public hearing. David Reich, Fort Lauderdale, requested a total of twenty-five minutes for his presentation but Chair Robertson said to start with ten and they would go from there. Mr. Reich spoke about Dania Beach Zoning 110-40 bus depot for storage and maintenance of buses and related office facilities should be used in areas 1, 2, and 3. He said that his areas 1, 2, and 3 were different than what was shown. He spoke about collector roads and said that Ravenswood Road and SW 40th Street were collector roads and SW 22nd Avenue was a local residential street which was not recommended to have buses on. Buses needed to use a collector road to enter their property. He then spoke about the property on the north (area 1) and read 115-40 (bus depot) into the record. He explained that from any street, the buses should not be able to be seen. He was interested in the residential street, SW 22nd Avenue. The buses were twelve feet tall, and he could see them. He spoke about accessory use and zoning and how the building would be used as an accessory use. That meant that it had to be in Dania Beach before the whole thing could go forward. Their site plan was in Broward County for approval, and he explained different scenarios. He wanted to know what the current Dania Beach zoning was for the place on Ravenswood and also did the zoning have to be the same for Dania Beach and Broward County. He did not know those two answers. SW 22nd Avenue dead ends right before the subject site and it would need to vacate land necessary to install a cul-de-sac which might be needed for later use. He spoke Planning and Zoning Board/Local Planning Agency Minutes 4 July 19, 2023 about 115-50 1(d) condition of use and wanted to know how the applicant would stop dissemination of odor, noise, and harsh glare. He pointed out that the area floods immensely and wanted it to be sloped a little bit to make the water run toward the east and not to the west. The light and glare not only came from the parking lot but from the top of the buses with its ring of lights. He proposed a twelve foot cement impervious wall with no breaks in it along the whole west side to keep the buses from being visible on any street. This would not mitigate all the negative affects but would help immensely. By having the buses use the collector roads would mitigate some of the negative affects to the residential property to the west. He asked the board how they would feel if a bus depot was coming to where they lived and affected them in a negative way. He believed the site plan was flawed for area 1 and did not meet the Dania Beach Ordinances. He believed the variance should be denied and did not think the site plan should be approved. He read into the record five things that they had to go by. He said that he believed the stacking should be increased to forty-five feet in area 1 because of the unique circumstances caused by the length of the buses. Do not reduce the stacking, but rather increase it. He disagreed with the applicant and the City of Dania’s staff on their assessment. He said the variance was not compatible with the surrounding residential property directly to the west. It had a detrimental affect on the neighborhood and communities. He disagreed with the applicant and the City of Dania Beach’s staff assessment of that part of the variance. Mr. Reich was again granted more time for the third time because he was speaking for his wife and other people. He said that the requested variance was inconsistent with the goals and policies of the City of Dania Beach in protecting residentially zoned properties and neighborhoods. It was inconsistent with the current community’s character. The proposed variance was not compatible with adjacent residentially zoned property and this variance request would not support the success of the residentially zoned property. He disagreed with the applicant and the City of Dania Beach’s staff assessment to this part of the variance. He felt that the plight of the petitioner was due to the unique circumstances to fit too many parking and storage spaces on such a small piece of property. The City should stand up and protect the neighborhood. The board should stand up for their neighbors and not the developer and the people trying to get the development through. David Reich said again that he disagreed with the applicant and the City of Dania’s staff on their assessment. The variance request would destroy the character, health, and safety of the community. The applicant was not working with neighbors to mitigate the detrimental affects of this project and it was up to the Planning and Zoning Board to step in and protect the neighbors by denying this variance and site plan until all the issues could be sorted out. He explained how he was not given enough time to review the material for tonight’s meeting. This should be denied until everything came into Dania and got sorted out with the zoning. Then let the Planning and Zoning Board do their job and recommend to the Commission and let the Commission do their job. He was reminded again by the Chair that his time was up. Mr. Reich asked if they could look at his videos and photos. City Attorney Boutsis said that she was curious about the arterial road and looked at Section 110-290. She clarified that it was for the commercial 4 district and not this district. Mr. Reich’s videos were played. He explained one video from area 3 and while setting up his other video, board questions were asked. Vice Chair Rimoli asked Mr. Reich if he lived on the property. He answered that he did not live there but further stated who actually lived there. Board Member Hankerson asked the City Attorney about the zoning, IROM. City Attorney Boutsis explained that the County already required Dania to change the Future Land Use to Industrial. Dania was looking into rezoning the whole area to be consistent because the Future Land Use and the Zoning should be consistent. Board Member Hankerson asked Mr. Reich if his property was homesteaded and was told that it was not. Board Member Hankerson wanted to know who would be addressing the cul-de-sac issue that Mr. Reich spoke about. Director Norena answered that this already went through the Development Review Committee (DRC) Review with staff and the City’s consultant and that the traffic engineer was part of that review. This was not a recommendation from the City’s consultant. Board Member Hankerson asked about storm water drainage and the City Attorney said it had to be maintained on the premises. Board Member Stowers asked about the part in Broward County being annexed and the City Attorney affirmed that it was already approved. The City Attorney answered Mr. Stowers that in her opinion, Mr. Reich was the only residential property around there and all the rest were industrial. PZ Senior Manager Batista testified that everything else was industrial except Mr. Reich’s residential property. Mr. Reich testified about his plans for that property with three buildings on it and now Planning and Zoning Board/Local Planning Agency Minutes 5 July 19, 2023 they were going to put a bus depot right next to him. He just wanted them to mitigate the problems/concerns before the board made their recommendation. It did not follow the bus depot zoning. City Attorney Boutsis explained that the zoning he was speaking about was not for this district but rather for the C-4 district. Board Member Hankerson explained that the reason he asked if the property was homesteaded was because he was less willing to “march with Mr. Reich” as it was not a homesteaded property. If it was homesteaded, he personally would “march with Mr. Reich”. Mr. Reich explained why he could not homestead his Dania property. Board Member Thomas felt the same way that Board Member Hankerson felt about it not being homesteaded property. He asked why the buses could not be brought in on Ravenswood Road. Attorney Leigh Kerr explained that it was better access not going through Ravenswood and better efficiency of the site. Board Member Thomas wanted to know if it was tested already that a bus could go down 22nd and maneuver the rest of the way. Attorney Kerr said that part of the Development Review Committee (DRC) Review was to show turning moves. Board Member Thomas asked how open were they to build a twelve foot wall. City Attorney Boutsis said that he would need a variance for a twelve foot wall and it would not be able to be done today. Board Member Thomas asked staff if a car was parked on the swale where the no parking sign would be, what was the process to get it removed. Director Norena answered that as long as the no parking sign was posted, staff could issue tickets and City Attorney Boutsis answered the car could be towed. Mr. Reich said that 42nd Street would work with angle parking and other parking. Board Member Hankerson said to the best of his recollection, the City of Dania Beach fought Broward County for years. We wanted expansion of the north runway. Homes in that area were impacted negatively because of the decision made. This was a consequence of what happened. Maybe this would help long term but probably not tonight. The Chair closed this item and called for a vote. Motion was made by Board Member Hankerson to approve SP-023/VA-048-23 as written and was seconded by Board Member Thomas. Discussion: Vice Chair Rimoli said that Mr. Reich had a BTR (Business Tax Receipt) on his property and that it was a business and the home was not used as a residential property for himself. He also felt that the bus company was doing everything they could to mitigate concerns. He wanted the bus company to take care of the landscape and consistently maintain it. Board Member Thomas asked City Attorney Boutsis about the 26 conditions of which the applicant had a problem with two of them. She explained what the two were and if a condition(s) was modified tonight, it had to be part of this record. Motion passed 5-0. 2. TX-049-23: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, Land Development Code (LDC) amending the parking Garage Column regulations. City Attorney Boutsis said no one needed to be sworn in for this item and explained about striking one sentence from the entire ordinance at 265-140 which required that no column be located within three feet of the entrance of a parking space. This whole requirement was taken out as it made it too restrictive in requirements for a parking structure. Director Norena explained that they were trying to be consistent with other cities and larger developments. Vice Chair Rimoli wanted to know why they wanted it initially and Director Norena explained. Board Member Stowers asked if this was approved, then it did not have to be at three feet and he was answered that he was correct. With no other board questions/comments, this item was opened to the public. As there was no one from the public who wished to speak or ask questions, this item was closed. Motion was made by Board Member Stowers to approve TX-049-23 and was seconded by Board Member Hankerson. Motion passed 5-0. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. • July 11th City Commission: OT-043-23 Dania Beach Distillery alcohol distance waiver. Planning and Zoning Board/Local Planning Agency Minutes 6 July 19, 2023 Director Norena said that it was approved and moving forward. They were coming in for permitting and were doing things in the right order. 2. Upcoming Meeting Date: August 16, 2023 V. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 8:11PM. 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.