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HomeMy WebLinkAbout2024-03-20 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, MARCH 20, 2024 – 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 February 21, 2024, regular meeting. III. PUBLIC HEARINGS 1. VA-008-24: The applicant and property owner, Larry and Georgina Rodesky, are requesting a variance to allow a three-foot, seven-inch (3’7”) separation from an accessory structure for the property at 4891 SW 26 Ave. 2. SP-075-22: The applicant and property owner, Griffin Rd LLC, requests approval of a Site plan, to allow for the construction of a retail plaza on the property located at 3101 Griffin Road. 3. OT-001-24: The applicant, Maverick Liquors, LLC is requesting a waiver from the one- thousand-foot (1,000’) distance separation requirement pertaining to the sale of alcoholic beverages for the property at 4501 Stirling Road. 4. TX-028-23: The applicant, City of Dania Beach, is requesting several text amendments to the City’s sign regulations, to adopt amendments and refinement to the sign code in the Land Development Code. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the board: • CD-095-23 LPA (EAR)- 1st Reading on 02/27 • LU-013-22 Future Land Use Amendment RAC Replenishment- 2nd Reading on 03/12 • TX-042-23 Elimination of Incentives- 2nd Reading on 03/12 • LU-013-23 Future Land Use Amendment- 2nd Reading 03/12 • RZ-081-23 Academy Bus Rezoning- 2nd Reading 03/12 • TX-002-24 Green Building Designs Text Amendment- 2nd Reading continued to 04/09 2. Upcoming meeting dates: April 17, 2024 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, FEBRUARY 21, 2024 – 7:00 P.M. I. ROLL CALL The meeting was called to order at approximately 7:01PM by Chair Robertson. Board Clerk Ibel Larios called the roll. Discussions/actions notated below are not limited to what was typed. Chair W. Quin Robertson, PhD, GISP Present Eve Boutsis, City Attorney Vice Chair Luis G. Rimoli Present Corinne Lajoie, AICP, Deputy Dir Comm Dev Deborah Bell Present Claudia Viviana Batista, Senior PZ Manager Cheryl Baker-Hill Present Ibel Larios, Board Clerk Derrick Hankerson Present(7:08PM) Morris Stowers Absent City Attorney Boutsis swore in the new board member, Deborah Bell, who was welcomed to the board. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the January 17, 2024 regular meeting. Motion was made by Vice Chair Rimoli to approve the minutes of the meeting of the Planning and Zoning Board/Local Planning Agency for January 17, 2024 as presented and was seconded by Board Member Baker-Hill. Motion passed 4-0. Motion was made by Vice Chair Rimoli to excuse the absences of both Board Member Hankerson and Board Member Stowers tonight and was seconded by Chair Robertson. Motion passed 4-0. II. PUBLIC HEARINGS 1. LU-013-23: To establish Future Land Use designation for four (4) newly annexed properties located at 2171, 2181, 2191 SW 42 St & 45-320 N Beach Road. The City Attorney swore in anyone who would be testifying regarding this application. Planning and Zoning Board/Local Planning Agency Minutes 2 February 21, 2024 Deputy Director Community Development Corinne Lajoie presented a PowerPoint presentation to the Board sitting as the Local Planning Agency regarding future land use map amendments. She explained the annexation of the four properties (three on 1/13/23 and one on 4/25/23). Now that the four properties were in the City, we need to establish City of Dania Beach Future Land Use designations on them. She explained the process this would go through. Staff was recommending that the Planning and Zoning Board sitting as the Local Planning Agency make a recommendation of approval for the Ordinance to the City Commission. She explained that the applicant was the City of Dania Beach. There was a representative for Academy Bus here tonight. The Chair asked for questions but there were no board questions. City Attorney Boutsis gave some background information regarding the .2 acre parcel which was part of a larger parcel located partly in Dania Beach and partly in Hollywood and some of the land annexed would be for a City of Dania Beach parking garage at the beach. The other three parcels were a private application. The Chair asked for any members of the public who would like to speak for or against this item. For the record, Board Member Hankerson arrived approximately 7:08PM. David Reich, resident, read into the record an email he typed on February 21, 2024 with the reasons he was requesting changing the Future Land Use and Zoning Maps to accommodate the C-4 zoning required by Dania Beach Ordinance Section 11-290. Chair Robertson called for questions. The Chair said that he thought the future land use for this property was commercial and he was answered by City Attorney Boutsis that the future land use for this property was industrial. Vice Chair Rimoli just wanted to make sure that we were following correctly. The Deputy Director addressed some of Mr. Reich’s concerns that were read into the record. She said that this property was not zoned C-4, did not have eight acres, none of the bus depot provisions in the code apply (wrong district and size) and the applicant was not asking for a bus depot. What they were asking for was that the existing building on the site could be used as an office which was a permitted use in that zoning district. Overnight fleet parking of their owned or leased company vehicles was allowed as an accessory use. A bus depot was not going to be on the parcel Mr. Reich was talking about. This parcel would be for an office and fleet storage. Vice Chair Rimoli remarked that he was clear now and that was how he recalled it from the beginning. There were no other board questions and Mr. Reich asked to speak again. He read into the record that they would use that area for charter bus parking and use the existing structure as a dispatch office. He said it could be called anything but it was a bus depot. They were a bus company calling it parking and an office but it was a bus depot. He suggested making a variance on this and he would not fight it but it was a bus depot. Mr. Reich left the podium and the Chair said he thought a bus depot was where tickets were sold and passengers got on and off buses. He wanted to know if that was the difference and City Attorney Boutsis answered, “amongst other things”. As there were no other board questions and no public comments, the Chair called for a motion. Motion was made by Vice Chair Rimoli to recommend approval of LU-013-23 to the City Commission and was seconded by Board Member Hankerson. Discussion: Vice Chair Rimoli asked David Reich to speak at a City Commission Meeting. He explained that this board was an advisory board that made a recommendation on this to the City Commission. The City Commission would be the decision maker. Motion passed 5-0. 2. RZ-081-23: The Property Owner, Franmar Properties of South Florida LLC, is requesting Rezoning from General Manufacturing (M-2) an Industrial District (Broward County Jurisdiction) to Industrial Research, Office, and Marine Airport Approach District (IROM- AA) (City of Dania Beach Jurisdiction) for the property located at 2171, 2181, and 2191 SW 42nd Street, Dania Beach (Continued from January 17, 2024 Meeting) Planning and Zoning Board/Local Planning Agency Minutes 3 February 21, 2024 Senior PZ Manager Claudia Viviana Batista gave a PowerPoint presentation. She explained that the three parcels still have the Broward County zoning district (M-2) designation (Transportation) and was going through the rezoning process into the City of Dania Beach’s zoning district (IROM-AA) designation (Industrial). There was an existing building on the property. Staff was recommending that the Planning and Zoning Board make a recommendation of approval for this rezoning to the City Commission. The Senior PZ Manager asked for any questions but there were none. For a little background clarification, City Attorney Boutsis explained that the first agenda item was for the future land use map (vision for the next twenty years or so). Once you have that, then the property would need to be zoned consistent to what that vision is and that was what we are doing in this agenda item (going from Transportation to Industrial). The Chair called for board questions. Board Member Hankerson asked for clarity if this had to go to the State and the Senior PZ Manager answered that this was a rezoning approval which would be made by the City Commission and did not have to go to the State for approval. The Deputy Director answered his next question that for a Land Use approval, the State’s Department of Economic Opportunity would make the approval decision. There were no other board questions and the Chair called for members of the public who wanted to speak for or against this item. David Reich, resident, said he still believed this was a commercial ordinance. The City should have changed the IROM zoning to make it clearer. They were going about this in a way that was not correct. The City should be fair and consistent and not have a bus depot in both commercial and industrial zoning districts. This board has the power to send a message by voting “no”. He did not feel he was getting a “fair shake” and this board should look at both sides. Board Member Hankerson had a question for Mr. Reich. He asked him how he foresaw that neighborhood where there were a few homes, what would it look like in ten years? Mr. Reich said he saw this as Academy Bus getting what they want and the houses over there (he himself was there over thirty years), have their own piece of paradise. He did not think that everything had to be paved over. Mr. Hankerson asked his question in another way. Did Mr. Reich think it was reasonable to surmise the same owners would be there ten years from now in an airport approach area which was zoned industrial? Mr. Reich said he would be there as he loved airplanes. He did not live in a crash zone and wanted to retire there. He would be there in ten years from now. His paradise would be dangerous due to vehicular traffic, especially the bus traffic. It would be noisy, smelly, have lights twelve feet high, etc. Why can’t they use the other road? Board Member Hankerson asked the Deputy Director if residential properties rezoned for business activity have a higher value according to the property appraiser? Deputy Director Lajoie answered that was correct generally but she could not answer if it was correct across the board. She said that the properties surrounding this area to the east and north had industrial land use designations. That was why they were suggesting industrial land use on the property for the map as well as zoned industrial. There was an industrial area to the north, it was located west of the airport, and was in the airport approach zoning district. Board Member Hankerson asked the Deputy Director if the City was pushing Mr. Reich’s family out of their home and she answered, “absolutely not”. City Attorney Boutsis asked the Deputy Director if she knew if any other residential home was in that industrial zoned area to which she answered, “no”. City Attorney Boutsis asked Mr. Reich if he lived elsewhere. Mr. Reich answered that he lived somewhere else. He has a house in Fort Lauderdale. His wife and his grandchildren live in the house in Dania. The City could use two collectors and that would not ruin his piece of paradise but coming down a little road would ruin that. Vice Chair Rimoli asked Academy Road’s representative why he could not access that property from Ravenswood rather than coming down 22nd? Leigh Kerr, Planning Consultant, explained that his traffic engineer said what David Reich would like to see could not be done. This was an industrial area and his property should have been rezoned industrial years ago to match the City’s land use plan. Vice Chair Rimoli clarified that what Mr. Kerr spoke about was that his traffic engineer said what Mr. Reich asked for was not feasible. There would be three accesses there creating a non-safe condition. Chair Robertson Planning and Zoning Board/Local Planning Agency Minutes 4 February 21, 2024 reminded that the board was just here for a recommendation on changing the zoning. As there were no other questions from the board and none from the public, the Chair called for a motion. Motion was made by Board Member Hankerson to recommend approval to the City Commission of RZ- 081-23 and was seconded by Vice Chair Rimoli. Motion passed 5-0. 3. TX-096-23: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, Land Development Code (LDC), adding electric vehicle (EV) charging station regulations. Community Development Deputy Director Lajoie presented this item stating this was a request to amend the Land Development Requirements to include regulatory requirements for electric vehicle charging stations. She explained that a consultant drafted the regulations and the Deputy Director went over them. Safeguards were needed because this was about electricity and this would be about new construction (new development, redevelopment and infill development) as it would require substantial alteration of existing structures (requiring a public hearing). Existing buildings would not be required to be retrofitted. It was illegal, by State law, to park a gas vehicle in an electric vehicle charging space which must be clearly marked. As this would be an ordinance (or City law), it did require a recommendation from this board and two readings at City Commission. She informed that an EV charging station regulations presentation was before the Green Advisory Board and they were in favor of this and recommended it. She called for questions and Chair Robertson asked about a minimum of two spaces for commercial or industrial facilities. He wanted to know if the Deputy Director knew of any commercial or industrial property that only had two parking spaces. She said that would be rare but if it is was a hardship, they could come in front of the board and ask for a variance. Chair Robertson called for board questions and Board Member Hankerson asked about regulations later on for hydrogen charging stations. The Deputy Director answered that when hydrogen cars grew in popularity, regulations would have to be added. Regulations were needed for public safety. He told her of one hydrogen charging station already in Dania Beach. As there were no more board questions/comments, the Chair asked if anyone from the public wished to speak for or against the item. David Reich, resident, asked if the electricity was provided for free? The Deputy Director said that in the proposed ordinance, the only place they talk about if the charging was free or not, the free would be an amenity and if there was a cost, it would be considered a business or accessory business requiring a BTR (Business Tax Receipt). It was up to the property owner to decide if there would be a cost or not. Motion was made by Vice Chair Rimoli to recommend approval to the City Commission of TX-096-23 and was seconded by Board Member Baker-Hill. Motion passed 5-0. 4. TX-002-24: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, Land Development Code (LDC), establishing green building design requirements for new development occurring in the city. Community Development Deputy Director Lajoie presented this item stating this was a request to amend the Land Development Requirements to include regulatory requirements for green building design requirements for new development. This was also in front of the Green Advisory Board and they supported it as well. The proposed amendment has a list of 43 building practices which were recommended by the City’s consultant. The Deputy Director explained that project size corresponded with the number of green building initiatives/practices needed. Staff recommended that the board recommended approval to the City Commission of this proposed text amendment. Approval would require the board’s recommendation and two readings at the City Commission. The Chair called for board questions. Board Member Hankerson said he noticed that under the CVS (Central Vacuum System), that the hoses could be in the interior but the canister could not be in an air conditioned area but rather in the garage or Planning and Zoning Board/Local Planning Agency Minutes 5 February 21, 2024 other non-air conditioned space. Also, the washer and dryer must be in the garage, utility room or any other non-air conditioned space. The Deputy Director confirmed that was correct. As there were no other board questions/comments, the Chair called for public comments but there weren’t any. Motion was made by Vice Chair Rimoli to recommend approval to the City Commission of TX-002-24 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. • TX-083-23 Live Local Text Amendment – 2nd Reading on 02/13/24 ♦ Deputy Director Community Development Lajoie reported it passed. 2. Upcoming Meeting Date: Wednesday, March 20, 2024 Chair Robertson asked the City if they could come up with a better time to start the P&Z meeting rather than 7:00PM as this made it a very long day for City Staff. There was a consensus of the board that starting earlier than 7:00PM would be fine. Deputy Director Lajoie would speak with staff and come up with a better time but not before 5:00PM and that time did not interfere with other board meetings. The Deputy Director explained that once the day and time were established, a text amendment would have to be done and that process would have to be accomplished before the new day and time or just a new time was ready to be applied. Board Member Hankerson reminded that there were people who would want to attend or speak at a meeting, so not to make the new time before 5:30PM, especially for working people. V. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 7:53PM. ATTEST: _______________________________ ___________________________________ IBEL LARIOS CHAIR W. QUIN ROBERTSON BOARD CLERK PLANNING AND ZONING BOARD/LPA (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.