HomeMy WebLinkAbout2024-08-21 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 21, 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
July 17, 2024, regular meeting.
III. PUBLIC HEARINGS
1. RZ-007-22: The property owner, BCDD Oaks Place LLC, is requesting Rezoning from
Single-Family District (RS-6000) to Planned Residential Development District (PRD-1)
for the property located at 5571 SW 40th Avenue.
IV. DISCUSSION ITEM
1. Florida Commission Ethics: Form 1
V. BOARD ITEMS
1. City Commission actions on items previously heard by the board:
• None
2. Upcoming meeting dates: September 18, 2024
VI. 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 17, 2024 – 7:00 P.M.
I. ROLL CALL
The meeting was called to order at approximately 7:00PM by Chair Robertson. Board Clerk Ibel Larios
called the roll. Discussions/actions notated below were not limited to what was typed.
Chair W. Quin Robertson, PhD, GISP Present Eve A. Boutsis, City Attorney
Vice Chair Luis G. Rimoli Present Eleanor Norena, CFM, Director Comm Dev
Board Member Deborah Bell Present Corinne Lajoie, AICP, Deputy Dir Comm Dev
Board Member Joanna Granett Present Claudia Viviana Batista, PZ Senior Manager
Board Member Morris Stowers Present Jonathan Cady, Planner
Andrea Sandoval Perez, Associate Planner
Ibel Larios, Board Clerk
II. APPROVAL OF MINUTES
1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the
June 20, 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 June 20, 2024 as presented and was seconded by Vice Chair
Rimoli. Motion passed 5-0.
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 from the
June 20th meeting)
City Attorney Boutsis swore in anyone who would be testifying on this and the next agenda item. She also
called for board member (ex-parte communication) disclosures but there were no disclosures.
Planning and Zoning Board/Local Planning Agency Minutes 2 July 17, 2024
Planner Jonathan Cady gave a PowerPoint presentation on these variances starting with the property
background. He stated that the zoning was Neighborhood Residential (NBHD-RES) with an existing use
of Single-Family (Homestead). He showed the property on a Location Map. The applicant was proposing
to demolish the existing home and redevelop the site with a modern two-story home with a roof deck. He
explained that because it was a redevelopment, it would not affect the Regional Activity Center (RAC)
residential units. The first variance request was for the driveway width (to fit two cars) and the second
variance request was for frontage type (for a proposed front porch). He displayed pictures of the existing
structure and then the rendering of the proposed structure. The applicant provided a justification statement
addressing how the request was consistent with each variance criteria and Staff’s analysis was in the board
packet. The applicant hosted a community outreach meeting on July 11, 2024. There was no opposition
to the proposal and a neighbor expressed approval of the project. There was a concern about stormwater
retention but the lot complied with the impervious regulation of 63% maximum. Staff recommended
approval of the resolution. Chair Robertson asked about landscaping and Planner Cady showed the slide
on the screen that depicted how the landscape would look. The planner said that the applicant also had a
presentation.
Ari Sklar, architect, was the applicant’s representative. He explained why they had to request two variances
for this narrow lot while trying to comply with everything that they could. He also spoke about the
walkways on both sides of the home with ramps and explained that the clients’ son was wheelchair bound.
He showed an aerial of the homes on the street with a variety of different sized properties. He said among
others, they had a landscape architect involved with this project. He spoke about raising the house five feet
because of the flood level and that they felt they made a nice project meeting the city’s requirements and
their clients’ needs. He was then joined by Adina Kaufman, architect. As there were no board questions,
the Chair called for public comments/questions but there weren’t any.
Motion was made by Vice Chair Rimoli to approved this agenda item (VA-016-24/VA-017-24) and was
seconded by Board Member Stowers. Motion passed 5-0.
2. VA-028-24: The property owner, Rina Apel, is requesting a variance to reduce the
required side setback and minimum lot width requirements from Code Sec. 205-10 for a
lot split request for three single-family homes for the property located at 1405 NW 10th
Street.
City Attorney Boutsis called for board member (ex-parte communication) disclosures but there were no
disclosures. Those who requested to speak on this item were previously sworn in.
Planner Jonathan Cady gave a PowerPoint presentation on this variance starting with the property
background. He stated that the zoning was Single-Family Residential 6000 (RS-6000) with an existing use
of Single-Family and Multifamily Structure. The property has two dwelling structures attached in between
by a breezeway and a shed. For many years, it was used as a community residential home (Assisted Living
Facility). The applicant was proposing to demolish the largest structure, the connecting breezeway and the
shed while leaving the other dwelling structure and split the lot into three parcels. By splitting the lot into
three parcels, it made those parcels small and non-conforming and the proposed variance would solve that.
The variance request was for lot width and side setback. He showed the plan of the existing structure and
then the plan of the proposed renovation with the one existing one-story structure remaining on one parcel
and two new, two-story single-family homes would be constructed. There would be one two-story single-
family home on each of the two remaining parcels, that would meet the Land Development Code. He
showed a concept rendering of what was being proposed and a photo of the existing condition. The planner
pointed out the existing home that they proposed to remain on one lot. Then he showed the structure to be
demolished on the proposed second lot, and then the third lot where the shed was proposed to be
demolished. The applicant provided a justification statement addressing how the request was consistent
with each variance criteria and Staff’s analysis was in the board packet. The applicant conducted a
community outreach meeting on July 15, 2024. The attendees had concerns about single-family homes
Planning and Zoning Board/Local Planning Agency Minutes 3 July 17, 2024
being used as short-term rentals. The city received letters communicating concerns about docking and
mooring facilities and how that would affect the turn radius of their boat. The planner stated that the
requested variance met the city’s variance criteria and Staff recommended approval of the resolution.
Deputy Director Corinne Lajoie stated that they received letters of concern (about five) that should be in
the board packet. City Attorney Boutsis was answered that the applicant was here to answer any questions.
The attorney explained that community requests were noted but unfortunately, there were only a certain
amount of things that the city could do. Cities have home rule power but that has been taken away more
and more by the state. She said that this application had to do with lots and was not dealing with docks,
pilings, moorings, etc. We were not granting a dock right now. Florida was truly a property rights state
which protected the rights of the property owner much more than the city’s home rule authority. These
variances tonight were for the lot width and the side setbacks.
Community Development Director Eleanor Norena clarified that the letter that was submitted regarding
blocking of the waterway, etc. would be handled through Code Enforcement if there were any violations.
This was not what this application was about tonight and, therefore, would not be handled during the site
plan approval process. City Attorney Boutsis reminded that they would have to go through the South
Florida Water Management District, the Army Corps of Engineers, and the City. Vice Chair Rimoli wanted
to know why the dock issue came up in the first place and Deputy Director Lajoie said that was because of
the letter distributed tonight. She further answered him that Staff was not approached regarding putting
docks in. He thought it was odd to bring up docks, if nothing was said. Chair Robertson wanted to know
if a five foot side setback was approved before and the Deputy Director answered that it was. In fact, five
feet was the standard awhile ago. She answered the Chair that this setback was to allow for lawnmowers,
etc. There were no other board questions and the applicant had a presentation.
The owner’s representative, Aleksej Bereznoj, the designer for the project, pointed out that all the lots on
the street were 50’ wide. All the houses were single-family homes and some were duplexes. He explained
that a previous owner combined this space and used it for an Assisted Living Facility. The current owner
did not run an Assisted Living Facility and the best use of the property would be to split the lot and construct
single-family homes. The existing structure would have a 5’ setback on one side and the new structures
would have a 7’ setback in compliance with the current code. If the old structure was to be demolished,
there was the ability to build new within the setback criteria. There were no board questions for the designer
so the Chair called for public comments/questions. The Chair reminded about the three-minute public
comment timeframe.
Victor Lohmann stated his thanks for the time the board members volunteered themselves to be on this
board. Mr. Lohmann testified that the applicant’s variances were valid uses of variance statutes, however,
this was a change of use as much as it was a variance. It was an Assisted Living Facility for almost fifty
years. The use of the waterway behind this commercially used facility created a turning basin which others
in the community relied upon for many years for waterway access as it was a narrow canal. He spoke about
an incident last year when there was a tenant in the property using it for a boatyard repair facility. That was
resolved to everyone’s satisfaction. The city owned sole jurisdiction over the waterway. The Army Corps
of Engineers in Broward County did not have jurisdiction over this portion of the Intercoastal waterway.
Mr. Lohmann was a builder/developer and said that if this turning basin was diminished or removed, it
would negatively affect the property values in the adjoining neighborhood. If a change of use was
functionally granted through the variance process, the petitioner or a subsequent landowner could seek to
construct or moor their vessel at the waterfront location. He would like to support the variances this evening
but that would be conditioned on the applicant adding a deed restriction to the subject property that
prohibited further encroachment into the waterway so that the turning basin remained intact.
Jayne Post stated that the street the property was on contained single-story multifamily residences. The
rest of the neighborhood was single-family homes that were not rentals. By splitting this property, there
would be more multifamily and she felt that rentals were always a problem for things like parking, property
values, tenants, etc. She felt that changing this to three lots, would promote more rentals instead of trying
Planning and Zoning Board/Local Planning Agency Minutes 4 July 17, 2024
to keep it more single-family and keep property values higher. The neighborhood dealt with the airport and
did not need anything else to lower property values. She would like this kept single-family homeownership
and not rentals. She felt splitting the property would promote rentals. Her other point was a 5’ setback was
so small and there had to be a reason the code changed it to 7’. Ms. Post passed her three minutes but the
Chair granted her more time. Most of the homes there were single-story and the property owners were
concerned about the two-story height. The owner of this property could choose to sell it and just because
they could not sell it at their price, was not a reason to split the property up. She felt that they were
requesting the variance so that they could make their property more marketable. She suggested keeping
the existing structure the way they wanted to on a parcel and not to split the remaining property into two
parcels. Let that property become two parcels and not three. She was opposed to three lots. Vice Chair
Rimoli asked the Deputy Director and she answered that the two new homes would have 7’ setbacks and
only the existing structure would have a 5’ setback. Ms. Post was called back to the microphone and
answered that she did have a concern about rentals. City Attorney Boutsis explained that the City could
not control whether a person owned or rented a property. Director Norena explained that the proposed site
plan had the least density (single-family on each lot). The 5’ setback variance would allow the existing
structure to remain and not be demolished. Deputy Director Lajoie answered that the 5’ setback would be
legal, if the variance was granted tonight.
The owner’s designer clarified that this area was zoned for single-family and duplexes and you could build
up to two stories over there on that street. If they decide to demolish that property or a new owner would
demolish it, a new home would have to be built under the new code calling for a 7’ side setback.
Rina Apel, property owner, said she never rented the property and that her granddaughter lived in the house.
People lived in that house for fifty years in pain and she wanted to take that pain away and make the
neighborhood beautiful. It was like a hospital that was falling apart. The property would become better
and very beautiful. She could live there and her grandson could live there. She never intended to rent it
and did not know why that was even said. There were no other public comments/questions.
Board Member Stowers said that we were going from two residential houses to three and that the owner
said she did not intend to rent. However, the City could not control if she rented or not. Also, adding an
extra residence could cause problems and definitely added another family to that block. City Attorney
Boutsis explained that in the Assisted Living Facility, many people lived there. Deputy Director Lajoie
reminded that since the structures existed, a variance would still be necessary. Board Member Granett
wanted clarification that the emails received were mostly regarding the seawall. Deputy Director Lajoie
answered that the letters received were mostly regarding the waterway. Vice Chair Rimoli said he was a
proponent of homeownership in Dania and felt there were way too many rentals there. He was against
Airbnb and rentals but we could not control that. He would have to say, “yes”, on this project. He liked
that single-family homes would be built and the family would utilize it that way. Chair Robertson said that
if a property was for sale, anyone could buy it and do what they wanted with it.
Motion was made by Vice Chair Rimoli to approve agenda item (VA-028-24) and was seconded by Board
Member Granett. Motion passed 4-1 (Board Member Stowers opposed this agenda item).
IV. BOARD ITEMS
1. City Commission actions on items previously heard by the Board:
• TX-097-24 Artificial Turf – 2nd Reading on 07/09
• TX-007-24 Shipping Container - 1st Reading on 06/25 & 2nd reading on 07/09
• CD-095-23 LPA (EAR) Comp Plan – 2nd reading on 07/09
Deputy Director Lajoie said that all three items were second readings at the City Commission and were
approved.
2. Upcoming meeting dates: August 21, 2024
Planning and Zoning Board/Local Planning Agency Minutes 5 July 17, 2024
Motion was made by Vice Chair Rimoli to excuse Board Member Hankerson’s absence tonight and was
seconded by Board Member Stowers. Motion passed 5-0.
V. MEETING ADJOURNED
As all business was finished and without objection, the meeting was adjourned at approximately 7:50PM.
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 X3643 or emailing
ilarios@daniabeachfl.gov.
1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST, MADE BY PROPERTY
OWNER, BCDD OAKS PLACE LLC, TO REZONE LAND BEARING THE
ADDRESS OF 5571 SOUTHWEST 40 AVENUE, IN THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CURRENT ZONING
CLASSIFICATION FROM SINGLE-FAMILY 6000 RESIDENTIAL (RS-6000)
TO PLANNED RESIDENTIAL DEVELOPMENT DISTRICT (PRD-
1)(APPLICATION NO. RZ-007-22); AND AMENDING THE CITY’S ZONING
MAP TO REFLECT THE REZONING OF THE PARCEL; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 28, the “Land Development Code,” Part 6,
“Development Review Procedures and Requirements,” Article 645, “Rezoning” of the City Code
of Ordinances (the “City Code”), Greenspoon Marder, LLP, on behalf of BCDD Oaks Place LLC,
(the “Applicant”) has applied to the City of Dania Beach (the “City”) for approval of a rezoning
(RZ-007-22), for property located at 5571 SW 40 Avenue and legally described in Exhibit “A”; a
copy of which is made a part of and incorporated into this Ordinance by this reference; and
WHEREAS, the City’s Comprehensive Plan at the Future Land Use Map (FLUM)
designates the property identified in Exhibit “A” as Low (5) Density Residential, and
WHREAS, the rezoning request is consistent with the Comprehensive Plan by seeking for
the approval of eight (8) Flex units for the increased density proposed; and
WHEREAS, pursuant to FLUM Policy 1.4.1.1, the City may rearrange the residential
densities shown on the Broward County Land Use Map utilizing “flexibility units”; and
WHEREAS, flexibility units are defined as the difference between the number of dwelling
units permitted with a flexibility zone by the Broward County Future Land Use Map and the
number of dwelling units permitted within the flexibility zone by the City’s FLUM; and
WHEREAS, the LDC at 150-220 provides that density shall be determined by the City
Commission in accordance with the provisions of the Comprehensive Plan (including allocation
of flex and reserve units, if applicable). Residential density shall not exceed five (5) units per gross
acre for single-family cluster developments; eight (8) units per gross acre for other single-family
and two-family developments; and
2
WHEREAS, the Applicant is seeking to rezone the property from Residential Single
Family (RS-6000) to Planned Residential Development (PRD-1) for the construction of 13
townhomes part of Dania Oaks Phase III; and
WHEREAS, the City Planning and Zoning Board, sitting as the Local Planning Agency,
held a duly advertised public hearing on August 21, 2024, and determined that the proposed
rezoning is consistent with the goals and objectives of the City of Dania Beach Comprehensive
Plan (the “Comprehensive Plan”), and therefore, recommended approval of the proposed rezoning;
and
WHEREAS, the City Commission is to conduct two (2) duly noticed public hearings in
accordance with law to enact the rezoning ordinance and map; and
WHEREAS, the City Commission finds that the approval of the proposed rezoning will
protect the public health, safety, and welfare of the residents of the City, and furthers the purpose,
goals, objectives and policies of the Comprehensive Plan; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing “WHEREAS” clauses are ratified and confirmed as
being true and correct and they are made a specific part of this Ordinance.
Section 2. That pursuant to Chapter 28 the “Land Development Code,” Part 6,
“Development Review Procedures and Requirements”, Article 645, “Rezoning” of the City Code,
the rezoning request (RZ-007-22) from the Single-Family 6000 Residential (RS-6000) to the
Planned Residential Development (PRD-1) zoning classification for the property located at 5571
SW 40 Avenue, in the City of a Dania Beach, Florida, as legally described in Exhibit “A”, is
approved.
Section 3. That the City’s zoning map is amended, as described in Exhibit “B”, which
exhibit is attached and incorporated by reference into this Ordinance.
Section 4. That the issuance of a development permit by a municipality does not in any
way create any right on the part of an applicant to obtain a permit from a state or federal agency,
and does not create any liability on the part of the municipality for issuance of the permit if the
applicant fails to obtain requisite approvals or does not fulfill the obligations imposed by a state
or federal agency, or undertakes actions that result in a violation of state or federal law.
3
Section 5. That the associated Planning & Zoning Division Staff Report prepared for
the above application(s) is incorporated into this ordinance as findings of fact.
Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to the extent of such conflict.
Section 8. That this Ordinance shall be codified by the City.
Section 9. That this Ordinance shall be effective 10 days after passage on second
reading.
PASSED on first reading on __________________, 2024.
PASSED AND ADOPTED on second reading on __________________, 2024.
Motion by __________________________, second by ___________________________.
FINAL VOTE ON ADOPTION:
Commissioner Joyce Davis ______
Commissioner Tamara James ______
Commissioner Marco Salvino ______
Vice Mayor Lori Lewellen ______
Mayor Archibald J. Ryan IV ______
ATTEST:
ELORA RIERA, MMC ARCHIBALD J. RYAN IV
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
4
EXHIBIT “A”
LEGAL DESCRIPTION
5
EXHIBIT “B”
Julian Bobilev, AICP
PNC Building
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, Florida 33301
Direct Phone: 954.527.2485
Email: julian.bobilev@gmlaw.com
Atlanta Boca Raton Chicago Denver Edison Ft. Lauderdale Las Vegas Los Angeles Miami
Naples New York Orlando Portland Scottsdale Tallahassee Tampa West Palm Beach
30556.0007
48121609v1
February 1, 2024
VIA DRC UPLOAD
Ms. Corinne Lajoie, AICP
Assistant Director
Community Development Department
City of Dania Beach
100 W Dania Beach Blvd
Dania Beach, FL 33004
Re: Dania Oaks Place Phase III Rezoning Criteria
Dear Ms. Lajoie:
The applicant is requesting to Rezone the subject 1.134 -acre1 property from the current
Zoning category of RS-6000 (Single-family 6000 Residential) to PRD-1 (Planned
Residential Development District), for the purpose of developing 13 townhome-style units
(9 townhomes and two duplexes) on the parcel. The existing Land Use is L-5 (Low 5
Residential), which allows 5 dwelling units per acre. The applicant is also requesting 8
flexibility units, because the 1.134 acreage permits up to 5 dwelling units with the current
Land Use designation and the associated proposed Site Plan and Plat include a total of
13 dwelling units.
Below, we have addressed:
1) Criteria in Sec. 645-40 of the City’s Land Development Code (LDC) for a rezoning; and
2) Criteria in Sec. 105-220.E of the City’s LDC specific to a PRD-1 district
- - - - - - - - - - - - - -
Sec. 645-40. - Review criteria; city commission action.
(A) An application for a rezoning shall be reviewed in accordance with the following
criteria:
- - - - - - - - - - - - - -
(1) The request is consistent with the City's Comprehensive Plan.
The request to Rezone this property is consistent with the City’s Comprehensive Plan.
The underlying Land Use designation for this property is L -5 Low (5) Residential, which
permits 5 units per acre. The property is just over 1 acre in size, which would permit 5
1 All references are to gross acreage.
February 1, 2024
Page No. 2
30556.0007
48121609v1
dwelling units. The proposed plan incorporates 13 townhouse units; consequently, the
applicant is requesting 8 flex units as well.
Objective I, Policy 1.1 of the Future Land Use Element states that the City should “provide
for a mix of residential communities which will promote a diverse population and a healthy
environment.” The proposed townhouse community which is adjacent to a mix of
established multi-family and single-family residential neighborhoods offers a viable,
quality and attainable housing type to existing and future residents which also meets a
need with current market trends for housing. The larger surrounding community includes
land uses with a variety of permitted residential densities ranging from low density of 3 or
5 units per acre to irregular density of 12-13.5 units per acre to 16 and 25 units per acre.
Objective IX Policy 9.2 states that all proposed development and future land uses shall
be compatible with adjacent land uses. This application is compatible with the
surrounding residential uses and the proposed site plan will have vehicular ingress from
West Oak Way connecting to property already being constructed by the applicant. The
street on which the proposed townhome un its are proposed to be located will have
vehicular egress only onto Southwest 40th Avenue.
(2) The request is consistent with all applicable redevelopment plans, corridor
plans, neighborhood plans, and master plans approved by the City Commission.
The request is consistent with the Comprehensive Plan and Land Development Code
provisions and all applicable City Commission-approved plans for this property, as it is
not part of a redevelopment area.
(3) The request would not give privileges not generally extended to similarly
situated property in the area, or result in an isolated district unrelated to adjacent
or nearby districts; and
a. The request furthers the city's adopted community redevelopment plan, if applicable;
or
b. An error or ambiguity must be corrected; or
c. There exists changed or changing conditions which make approval of the request
appropriate; or
d. Substantial reasons exist why the property cannot be used in accordance with the
existing zoning; or
e. The rezoning is appropriate for the orderly development of the city and is compatible
with existing (conforming) adjacent land uses, and planned adjacent land uses.
This request would not grant any special privileges not generally extended to similarly
situated property in the area, or result in an isolated district unrelated to adjacent or
nearby districts, as it is within a primarily residential area of the City, as denoted in 3(e)
above and will be built to the City’s land development standards.
The proposed Rezoning is appropriate for the orderly development of the City as this area
was already envisioned for residential development. The proposed rezoning is
February 1, 2024
Page No. 3
30556.0007
48121609v1
compatible with the surrounding area. The subject property is bordered by properties that
have either single-family or multi-family residential designations, as follows:
North RS-6000 (5 to 10 du/ac) directly north; farther north is PRD-1
zoning on property currently owned by and being developed
by the project applicant
South RS-6000 (5 to 10 du/ac)
West RM-2 (Multiple Family, 25 du/ac)
East (across SW 40th Ave) RS-12000 (5 du/ac)
Vehicular circulation on this property will be one-way only with egress onto SW 40th
Avenue and the proposed townhomes will be an integral part of the Oaks Place
community that is currently being developed by the applicant.
Sec. 105-220 (E) General standards; site development plan
(1) The site development plan shall be consistent with the comprehensive plan and
where applicable, the community redevelopment area plan.
As already noted above under Criterion (1) of Sec. 645-40, the site plan is consistent with
the City’s Comprehensive Plan.
(2) The site development plan shall provide for an effective and unified treatment
of the development possibilities on the project site.
The project site has an existing single-family home. The lot is 352’6” deep but only has
127’6” of street frontage, resulting in an almost 3 to 1 lot width to depth ratio. Most of the
other properties in the vicinity have lot ratios that are much closer to square. As a result,
it is difficult to re-develop the project site except with townhouses (or multi-family
buildings) that are aligned in a west-east direction. Given the proximity of the existing
Dania Oaks Phase I/II site, the applicant has chosen to connect the project to this existing
development, forming an integral townhouse community.
(3) Application of the principles of new urbanism is encouraged where appropriate
with respect to the location of parking, building orientation and open space.
The site has been designed as a medium-density townhome development with clustering
of units into duplex, 4-unit, and 5-unit townhome groups. The resulting development will
provide needed housing units while minimizing use of land. A 5-foot-wide sidewalk will
provide pedestrian access out onto SW 40th Ave and throughout the broader
development.
Buildings are all oriented to face the street. Every unit is provided with a generous second-
floor balcony. The balcony represents a semi-public space that provides a transition from
the public space of the roadway/sidewalk to the private space of each dwe lling unit. Due
to the architectural projections on both sides of the balconies, each balcony is screened
February 1, 2024
Page No. 4
30556.0007
48121609v1
from the adjacent ones. As such, the balconies provide privacy while also allowing the
residents to keep “eyes on the street” for community and safety.
(4) The design of buildings and parking facilities shall take advantage of the natural
features and topography of the project site, where appropriate.
The roadway and building placement have been designed in such a way as to minimize
the removal of specimen trees, as discussed in more detail under Criterion 6 below.
(5) All buildings shall be arranged so as to be accessible to emergency vehicles.
As shown on the life and safety plan (Sheet LS-1.0), all buildings will be accessible to
emergency vehicles. Fire trucks will enter the overall development at the north project
entrance and drive on North Oak Place and West Oak Way to access the four townhome
groups on the project site. Sufficient turning radii are provided on all roads and a new fire
hydrant is being provided along the north property boundary.
(6) Existing specimen trees shall, to the greatest extent possible, be preserved or
relocated on site and integrated into the landscape plan.
The proposed plan preserves 7 of the on-site specimen trees, including 6 of the 14
specimen live oaks. See Sheet TD-1 markup attached, which shows the trees which will
be saved with plan. It is a tremendous accomplishment to save almost half of the
specimen live oaks on the site considering is being re-developed from a single-family
residence to a 13-unit development, and will ensure the project lives up to the name
“Dania Oaks Place”. This was possible due to creative design and utilization of the
flexibility to modify dimensional standards as permitted in the PRD-1 district. The
proposed site plan includes a variety of setbacks and building separations as well as three
different building group types (duplex, 4-unit, and 5-unit). Below are example of some of
the design elements that resulted in tree preservation:
• We are requesting flexibility per the PRD-1 regulations to reduce the building
separation between Building #13 and Building #12 from the standard 15 feet to 13
feet 8 inches. This will then allow us to increase the separation between Building
#12 and Building #11 to 18 feet 6 inches, providing room to preserve specimen
live oak #33, which is between those buildings.
• Approximately half of the new roadway (South Oaks Place II) will be built with
flexible pavement to ensure that specimen live oaks #2 and #35 and specimen
strangler fig #56 have room for their roots to grow.
• The new roadway also narrows from 24 feet to 19 feet at the west end, creating a
bulb-out that that allows for the preservation of strangler fig #56 as well as several
non-specimen trees (Alexander palms).
• Similarly, two portions of sidewalk adjacent to specimen live oaks #34 and #54 will
be built from flexible rubber rather than concrete to allow the tree roots to grow.
February 1, 2024
Page No. 5
30556.0007
48121609v1
• In several locations where the fence lines are adjacent to trees, the fence will “jog”
accordingly around the tree.
(7) Roads, pedestrian walks and open space shall be designed as integral parts of
an overall site design.
The project is part of the larger Dania Oaks development, Phases I/II of which are nearing
completion. A number of amenities are clustered at the northeast corner of the overall
development, including a clubhouse, pool, and future playground.
Roadway access is provided to all units and building groups. Sidewalks are provided
along all roadways, including a pedestrian entrance and sidewalk off SW 40 th Ave that is
separated from the vehicular entrance to minimize pedestrian conflicts. Seven crosswalks
provide further connectivity. As also noted under criterion #6, the roadway was carefully
designed with elements such as a bulb-out, flexible pavement, and flexible sidewalk to
maximize specimen tree preservation.
(8) Parking areas shall be landscaped and screened from public view to mitigate
their visual impact.
Two to three parking spaces are provided on pavers in the front yard of each townhouse
unit. The project site will have four townhouse groupings: two duplexes, a 4-unit building,
and a 5-unit building. For each unit of the 4-unit building, the initial parking space is under
the overhang of the 2nd floor, which effectively screens it. Each townhouse grouping will
also have landscaped areas in the unit front yards, most of which will either be planted
with a 16-foot-tall live oak, or will retain existing specimen live oaks. As the live oaks grow
in size, it will provide further screening for the additional parking space(s) that are not
underneath the balcony overhang. Please see below as an illustration.
February 1, 2024
Page No. 6
30556.0007
48121609v1
(9) Parking areas shall be designed with careful regard to orderly arrangement,
landscaping and ease of access, and shall be developed as an integral part of an
overall site design.
Two to three parking spaces have been provided for each townhouse unit, resulting in the
provision of 28 spaces. In addition, 5 guest parking spaces are located on the east side
of the dead-end portion of West Oak Way, in the southwest corner of the site. The total
amount of parking provided is 33 spaces whereas the Code requirement is 29 spaces.
(10) The site development plan shall be designed to be compatible with existing
and conforming development, and proposed development in the area
surrounding the project site.
The site plan has been designed to be consistent in every way with the approved Dania
Oaks Phase I/II development to the north, including unit sizes and lot sizes.
It should be noted that the site directly to the west has been approved for a 6-story
apartment complex with 275 dwelling units. Meanwhile, properties to the south are
zoned RS-6000 (5 to 10 du/acre) and properties to the east, across SW 40th Ave, are
zoned RS-12000 (5 du/acre). Accordingly, the site at its proposed density of 11.46
units/acre would provide an appropriate transition from the lower-density areas to the
south and east to the multi-family areas to the west.
February 1, 2024
Page No. 7
30556.0007
48121609v1
Thank you for your consideration of this application.
Sincerely,
GREENSPOON MARDER LLP
Julian Bobilev, AICP
SW 54TH CT.
SW
4
0
T
H
A
V
E
.
SURVEY SITE
SW 60TH ST. / STIRLING RD.
SW
3
7
T
H
T
E
R
R
.
ST
A
T
E
R
O
A
D
N
O
.
7
/
U
.
S
.
H
W
Y
.
N
O
.
4
4
1
SW 56TH ST.
SW 56TH CT.
SHADY RIDGE RD. /
SW 54TH ST.
S
W
4
0
T
H
A
V
E
N
U
E
SW 56TH
STREET
CL
CL
S87°56'15"W 352.55'
N
0
3
°
0
3
'
3
8
"
W
1
2
7
.
5
2
'
N87°56'15"E 352.55'
S
0
3
°
0
3
'
3
8
"
E
1
2
7
.
5
2
'
W
E
S
T
O
A
K
W
A
Y
POINT OF
BEGINNING
O
N
E
S
T
O
R
Y
B
U
I
L
D
I
N
G
ONE STORY
BUILDING
O
N
E
S
T
O
R
Y
B
U
I
L
D
I
N
G
POINT OF COMMENCEMENT
ORDER NO.: 69725
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
CLIENT: BCD DANIA OAKS LLC
SURVEY DATE: 08/05/22
SCALE: 1" = 20'DRAWN BY: L.H.
BYREVISIONSNO.
CHECKED BY: J.F.P.
VICINITY MAP
.
¨
¨
¨
GRAPHIC SCALE
NOTES:
LEGAL DESCRIPTION:
CL
LEGEND & ABBREVIATIONS
5571 SW 40TH AVENUE
DANIA BEACH, FLORIDA 33314
(CITY OF DANIA BEACH, BROWARD COUNTY)
CERTIFICATION:
Sold To:
City of Dania Beach- City Clerk's Office - CU00117511
100 W. Dania Beach Blvd
Dania Beach,FL 33004-3699
Bill To:
City of Dania Beach- City Clerk's Office - CU00117511
100 W. Dania Beach Blvd
Dania Beach,FL 33004-3699
Published Daily
Fort Lauderdale, Broward County, Florida
Boca Raton, Palm Beach County, Florida
Miami, Miami-Dade County, Florida
State Of Florida
County Of Orange
Before the undersigned authority personally appeared
Rose Williams, who on oath says that he or she is a duly authorized representative of the SUN- SENTINEL,
a DAILY newspaper published in BROWARD/PALM BEACH/MIAMI-DADE County, Florida; that the
attached copy of advertisement, being a Legal Notice in:
The matter of 11720-Notice of Public Meeting ,
Was published in said newspaper by print in the issues of, and by publication on the
newspaper¶s website, if authorized on Aug 05, 2024
RZ-007-22 Aug 21, 2024 Hearing
Affiant further says that the newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Signature of Affiant
Sworn to and subscribed before me this: August 06, 2024.
Signature of Notary Public
Name of Notary, Typed, Printed, or Stamped
Personally Known (X) or Produced Identification ( )
Affidavit Delivery Method: E-Mail
Affidavit Email Address: ilarios@daniabeachfl.gov
7675420
SUN-SENTINEL
Order # - 7675420
SUN-SENTINEL