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HomeMy WebLinkAbout2024-04-17 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, APRIL 17, 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 March 20, 2024, regular meeting. III. PUBLIC HEARINGS 1. VA-016-24/VA-017-24: The property owners, Robert, and Sandra DeVlieger, are requesting variances for the redevelopment of a new two (2) story, single-family home with a roof deck for the property located at 313 NE 2nd Avenue. (Continued) 2. TX-097-23: The applicant, the City of Dania Beach, is requesting a text amendment to the City’s Code of Ordinances, Land Development Code (LDC) establishing artificial turf regulations. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the board: • TX-096-23 Electric Car Charging Stations- 1st Reading 03/26 & 2nd Reading 04/09 • TX-002-24 Green Building Designs Text Amendment- 2nd Reading 04/09 • TX-083-23 Live local text Amend- 2nd Reading 04/09 • TX-028-23 Sign Code Text Amendment- 1st Reading on 04/09 • OT-001-24 Alcohol Distance Waiver- Presented on 04/09 2. Upcoming meeting dates: May 15, 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, MARCH 20, 2024 – 7:00 P.M. Motion was made by Board Member Granett to have Board Member Hankerson as Acting Chair tonight and was seconded by Board Member Stowers. Motion passed 4-0. I. ROLL CALL The meeting was called to order at approximately 7:05PM by Acting Chair Hankerson. Board Clerk Ibel Larios called the roll. Discussions/actions notated below were not limited to what was typed. Chair W. Quin Robertson, PhD, GISP Absent Eve Boutsis, City Attorney (Absent) Vice Chair Luis G. Rimoli Absent Corinne Lajoie, AICP, Deputy Dir Comm Dev Deborah Bell Present Claudia Viviana Batista, PZ Manager Joanna Granett Present Ibel Larios, Board Clerk Derrick Hankerson Present Morris Stowers Present Motion was made by Board Member Stowers to excuse the absences of both Chair Robertson and Vice Chair Rimoli tonight and was seconded by Acting Chair Hankerson. Motion passed 4-0. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the February 21, 2024 regular meeting. Motion was made by Board Member Granett to approve the minutes of the meeting of the Planning and Zoning Board/Local Planning Agency for February 21, 2024 as presented and was seconded by Board Member Bell. Motion passed 4-0. Planning and Zoning Board/Local Planning Agency Minutes 2 March 20, 2024 II. 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. Deputy Director Community Development Corinne Lajoie read the agenda item into the record. She also swore in anyone who would be testifying on this agenda item. Senior PZ Manager Batista presented a PowerPoint presentation for the item. It has a Residential (RD- 8000) Zoning Designation and has a two-family (duplex) existing use. It was a homestead property as the owners lived on the premises. The property owners were requesting a variance to allow a 3’7” setback separation between the main structure and the accessory structure which was to be used as a detached music studio where a minimum setback of 10 feet was required. The studio would be used as a hobby room enabling the personal enjoyment of the musician owner, Larry Rodesky. It would give him easier access from the main structure as he used a wheelchair for mobility. There was an existing Oak Tree nearby which made it difficult to meet the standards of the Code. She explained the only condition was a recorded deed restriction that would not increase the density as the proposed accessory structure was for a music studio and not intended for living purposes prior to the Certificate of Occupancy (CO) issuance. It would remain like this even if the house changed ownership. The requested variance met all the variance criteria. She said that Staff was recommending approval of the resolution providing the condition of approval was completed prior to the issuance of the CO. Acting Chair Hankerson asked the Board if they had questions for Staff. Board Member Granett asked how the restriction on the accessory structure of not being used for living purposes would be enforced if the home was sold. Senior PZ Manager Batista explained about the recorded deed restriction into perpetuity that the hobby room, even if ownership was transferred to another owner, would remain an accessory space/building not for occupancy. The Acting Chair called for public comments for or against this agenda item. Fred Nagler, architect for the project – homeowners’ representative, testified that it was a music room with a fully handicap accessible bathroom and would not be used for a habitable space. As there were no other board questions and no other public comments, the Chair called for a motion. Motion was made by Board Member Stowers to approve VA-008-24 as presented and was seconded by Board Member Bell. Motion passed 4-0. 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. Deputy Director Community Development Corinne Lajoie read the agenda item into the record. She also swore in anyone who would be testifying on this agenda item. Senior PZ Manager Batista presented a PowerPoint presentation. The existing zoning was Community Business (C-2), the future land use was Commercial (C) and the existing use was Vacant. The site acreage was .76 acre. The proposed development would consist of a 7,969 sq. ft. retail building subdivided into 5 units with one loading area, 31 parking spaces and 4 bike spaces. They were not creating any new entrances and their loading and dumpster garbage were screened by the building. She showed a rendering of what it would look like and that it matched architecturally the existing facility. The applicant sent notices and conducted an in-person community outreach which was attended by one of the recipients of the notice. The City has not received any objection to this project. The site plan was reviewed by the Development Review Committee (DRC) and all Tier 1 comments were addressed. Tier 2 comments were conditions of approval. All outstanding Staff comments would be addressed prior to the issuance of a building permit. As of now, Staff was recommending approval of the resolution for the site plan providing that the remaining DRC comments were made conditions of approval and must be addressed prior to the issuance of a building Planning and Zoning Board/Local Planning Agency Minutes 3 March 20, 2024 permit. She called for Board questions. Board Member Stowers asked if there were leases right now or was it all speculative and the PZ Manager said that she did not know of any leases as of yet. Board Member Granett complimented on the uniformity with the surrounding building and asked if a traffic survey was done. The Senior PZ Manager answered that one traffic survey was done and explained that since they were not creating a new opening and using an existing one, they were not creating any other issues for Griffin Road. In answer to what time of year the traffic study was done, she answered that she would have to check the report itself. After looking it up, Deputy Director Lajoie said it was done May 2023 and updated July 2023. As there were no other Board questions, the Acting Chair called for public comments for or against this agenda item as well as inviting the applicant to speak. Marta and Eduardo Charosky, applicant’s representatives, testified that the owner wanted to unify the look by matching the design of the existing building. They also followed the instructions from the City. They used the same entrance so that traffic would not be affected. As there were no Board questions for the applicant’s representatives, the Acting Chair called for public comments but there were none. Motion was made by Board Member Granett to approve SP-075-22 as presented and was seconded by Board Member Stowers. Motion passed 4-0. 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. Deputy Director Community Development Corinne Lajoie read the agenda item into the record. She also swore in anyone who would be testifying on this agenda item. Senior PZ Manager Batista presented a PowerPoint presentation for an alcohol distance waiver. The existing zoning was Community Business (C-2), the future land use was Commercial (C), and the existing use was Commercial. The site acreage is .38 acre. The proposed use was for a package liquor store with off-premises consumption. This was a permitted use at this location if separation requirements were met. The proposal was to use the existing 850 sq. ft. building requiring four parking spaces for the current real estate office. The proposed package liquor store would also require four parking spaces. The waiver request was to allow a three hundred two feet (302’) separation from the proposed package liquor store from an existing daycare facility located in the City of Hollywood where the Land Development Code required one thousand (1,000’) feet – Code Section 110-50(B). Staff has requested that the applicant reach out to the community regarding their application. This has not occurred yet. The applicant planned to conduct a formal outreach in addition to contacting the most immediate neighbors prior to March 26, 2024. Staff was requesting that the applicant hold a formal community outreach prior to the item being scheduled at the City Commission Meeting. Even though there were four parking spaces in existence, a condition of approval recommended by Staff was that the applicant must submit for a permit for stripping the four parking spaces to define them prior to the issuance of a Certificate of Use and Business Tax Receipt. Staff recommended the Planning and Zoning Board recommend approval to the City Commission of the resolution provided the applicant obtained the required Building Permit, Certificate of Use, and Business Tax Receipt prior to the business opening. The Chair called for Board questions for Staff. Board Member Granett requested clarification of the distance between the educational daycare facility and the proposed liquor store and Deputy Director Lajoie read the answer into the record. As there were no other Board questions, the Acting Chair called for public comments for or against this agenda item. David Ross, North Hollywood resident, provided a picture/diagram and pointed out things like another liquor store 391 feet away from the daycare, school right next to the daycare which was thirty-seven feet away from where this liquor store would be opened, trash on the ground from the other liquor store down the street, etc. This did not make sense to him. There were no Board questions for the speaker. However, Acting Chair Hankerson said that the numbers he gave were a little different than the numbers presented Planning and Zoning Board/Local Planning Agency Minutes 4 March 20, 2024 tonight. Mr. Ross answered that he measured 391’ from the liquor store to the proposed liquor store and 65’ feet from the liquor store to the daycare. Mr. Ross also testified that he spoke to the daycare owner who was told that they would buy her building and she felt intimidated. He was recommending that the City Commission not adopt this. Barry Sharpe, Hialeah address, said he prepared a presentation and passed copies to the Board Members and Staff seated at the dais. He said, among other things, that he did not see a benefit for the City of Dania Beach other than to get more taxes but property values may go down. He was informed by Deputy Director Lajoie that he had three minutes to speak. He explained the alcohol density for the area and spoke about developing that property for something other than a liquor store. He cautioned that with an approval, more costs (e.g., the police) would be involved and the stigma for a saturation of liquor stores. The only good thing about this he felt was that the vagrants would have another place to go to. The Acting Chair asked the Board if they had any questions/comments and there weren’t any. The Acting Chair asked if there was a deed restriction on the property and Deputy Director Lajoie answered that they were not asking for deed restrictions on the property. The Acting Chair then asked Mr. Sharpe about what he mentioned about recommending approval could bring vagrants to that area when the previous speaker said that vagrants were already hanging out there. He asked Mr. Sharpe that if remodeling this facility into a liquor store would be disadvantageous to the neighborhood in terms of vagrancies. Mr. Sharpe answered that he has contacted the City of Hollywood on an ongoing basis trying to get rid of people from there. He felt it was not the liquor store but rather the alcohol density that was critical. Kristina Rassi, owner of two Sweeney’s Liquors, said she dealt daily with vagrants, clientele, and the community. Community to her means safety. This facility would be right in front of a school and as a woman she would not feel safe bringing children to the school. She then spoke as a businesswoman about bringing a liquor store so close to another liquor store competitively. When she looked in Dania for her liquor store, she did not ask for a variance because she felt that the City had rules and regulations in place, especially when there was a school involved. There were no Board questions for her. James Jean-Francois, PA, counsel for Sweeney’s, said he was located in Hollywood, Florida. He spoke about the three entities (Sweeney’s Liquor Store, the school, and the proposed liquor store) and the possibility that there were three jurisdictions involved (Dania, Hollywood, and the Seminoles). With multiple liquor stores so close to each other, you did not know what could happen. They opposed having an additional liquor store opened within that area. The Acting Chair asked the Board if they had questions for the attorney but no one did except the Acting Chair who said that BSO served as Dania Beach’s law enforcement agency and wanted to know if they have interlocal agreements with Hollywood and with the Seminoles. Deputy Director Lajoie could not answer that question tonight. Acting Chair Hankerson said he knew that BSO could be called from Dania Beach and if necessary could arrest someone in Hollywood. He was unsure about the Seminoles. He told the attorney that he was glad he brought this subject up. Barry Sharpe was granted more time to speak by the Acting Chair. He testified that BSO did not come there and he had to call the City of Hollywood. He was told by the City of Hollywood that they send the vagrants across the street and it was not a problem anymore. Hope Calhoun, business address in Boca Raton, said she was counsel for Maverick Liquors, the applicant. She spoke about City Code that provided four very clear criteria that had to be met by the applicant in order to allow for the requested alcohol distance waiver. The application with the four criteria was in the backup material provided to the Board. She said there was no evidence presented this evening that contradicted the evidence they presented in their application. What was heard tonight were opinions, concerns from people in the same business her client was trying to get into, etc. Competition was part of every business. She went over the four criteria very briefly for the record. The Acting Chair asked if anyone on the Board had questions for the attorney but there were none. He asked if there was anyone else who wanted to speak on anything that was not brought up previously at this meeting. Planning and Zoning Board/Local Planning Agency Minutes 5 March 20, 2024 Barry Sharpe spoke again and said he had a whole presentation and was limited in his speaking time but the counsel had more than three minutes. He was thanked for his question. The Acting Chair brought this back to the Board as there were no other questions/comments. He reminded the Board that their vote tonight was for whether or not they were recommending this tonight to the City Commission. Board Member Stowers said his concern was not the business concern nor the competition but rather his concern was about the closeness this was to the daycare/school. There would be children coming and going and there were vagrants hanging around there. There was no motion or recommendation made and the Acting Chair said that they have not moved this forward. He reminded the audience that he gave everyone the opportunity to speak before he brought this back to the Board. However, he granted Attorney Calhoun and Mr. Sharpe the opportunity to speak again. Attorney Calhoun spoke about the distance separation. Just to be clear, they were 302’ from the school. The picture of the school right next door to the proposed liquor store was not accurate. She said that the liquor survey in the Board Packet was done by a professional. Pearl Ben Yoram said the school was a daycare and not an academic institution. She explained that the code specifically spoke of an academic school and not a daycare. Board Member Bell wanted to know what school the crosswalk was for, and David Ross answered. The Acting Chair said the public hearing was closed and asked the Board for a recommendation. As the City Attorney was not present, the Acting Chair asked Staff if he had to ask either for or against recommending or just let it hang. Deputy Director Lajoie explained that failure to have a motion would be brought forth to the City Commission as the Board’s recommendation of denial. He asked the Board if they wanted to recommend that the City Commission move this item or if they wanted to recommend a denial. Board Member Stowers clarified that if the recommendation was denial, the City Commission could still vote on this item. Deputy Director Lajoie reminded that the City Commission had the final say and would vote on the item. The Acting Chair announced that in this matter, there was no motion brought forward. Deputy Director Lajoie explained the item was advertised for next week’s City Commission Meeting but that date was continued to the April 9, 2024 Meeting to allow the applicant to do community outreach. The Acting Chair thanked everyone for their comments and time. 4. TX-028-23: The applicant, the 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. Community Development Deputy Director Lajoie read the agenda item into the record and presented this item. As no one requested to speak for or against this item, she just swore herself in. She explained that it has been awhile (since 2010) that they updated the sign code. The text amendments incorporate several changes and she explained them. The text amendment application would require two readings by the City Commission for approval. The Community Development Department recommended that the Planning and Zoning Board recommend approval of the proposed text amendments to the City Commission. There were no Board questions for Staff. Board Member Stowers inquired and Deputy Director Lajoie explained that they were trying to make it easier for business owners and simpler for administration. Motion was made by Board Member Stowers to recommend approval to the City Commission of TX-028- 23 and was seconded by Board Member Granett. For Discussion: Acting Chair Hankerson asked and Deputy Director Lajoie answered that a wall sign was attached to a building. He then asked about Incentive Signs and she explained. She further answered that a sign was letters and numbers and most of the rest of the building would be a mural. If someone came in with artwork Planning and Zoning Board/Local Planning Agency Minutes 6 March 20, 2024 that contained letters or numbers, it would be considered a sign. He then asked about non-commercial signs which were approximately the same size and format as political signs with metal things in the ground. He noticed two signs on swales from a realtor in that size and format. He inquired if they would be considered non-commercial or commercial signs because they were for a realtor. She answered that they would be commercial signs. He wanted to know if anyone in the audience had any questions or comments but there were no requests. Motion passed 4-0. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the Board. Deputy Director Lajoie spoke on the current status of the six items listed below. • 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 Date: Wednesday, April 17, 2024 V. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 8:16PM. ATTEST: _______________________________ ___________________________________ IBEL LARIOS W. QUIN ROBERTSON, PHD, GISP BOARD CLERK CHAIR, 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.