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HomeMy WebLinkAbout2024-09-18 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, SEPTEMBER 18, 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 August 21, 2024, regular meeting. III. PUBLIC HEARINGS 1. VA-030-24: The applicant and property owner, Wanda Martinez, is requesting a variance for the front setback encroaching for the property located at 4649 SW 35 Ave. 2. VA-032-24: The applicant and property owner, 250 South Federal LLC, is requesting a parking variance for property located at 250 S Federal Highway. IV. BOARD ITEMS 1. City Commission actions on items previously heard by the board: • None 2. Upcoming meeting dates: October 16, 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, AUGUST 21, 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 Absent Corinne Lajoie, AICP, Deputy Dir Comm Dev Board Member Stowers Absent Claudia Viviana Batista, PZ Senior Manager Board Member Hankerson Present Jessica Mackey, Planner Board Member Deborah Bell Present Andrea Sandoval Perez, Associate Planner Board Member Baker-Hill Present Ibel Larios, Board Clerk Motion was made by Board Member Hankerson to excuse Vice Chair Rimoli and Board Member Stowers absence tonight and was seconded by Board Member Bell. Motion passed 4-0. II. APPROVAL OF MINUTES 1. Approval of Minutes of the Planning and Zoning Board / Local Planning Agency from the July 17, 2024, regular meeting. Motion was made by Board Member Hankerson 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 Board Member Baker-Hill. Motion passed 4-0. 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. Planning and Zoning Board/Local Planning Agency Minutes 2 August 21, 2024 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. PZ Manager Batista presented a PowerPoint presentation on the rezoning starting with the property background. She stated the property existing zoning of Single Family Residential 6000 (RS-6000) and the proposed zoning of Planned Residential Development (PRD-1). The property is a parcel to be the Phase 3 of Dania Oaks development, which was previously rezoned as Planned Residential Development (PRD-1). The subject property has an existing single-family home which will be demolish in preparation for the proposed development for the construction of thirteen (13) townhomes. She explained that the Site Plan, Variance, and Flex unit application will move concurrently with the Rezoning request at the second reading by the City Commission. The approval of the flex units will allow the parcel to accommodate thirteen (13) units per acre which is what the applicant is requesting with the site plan. This would create more density which is allowed through the flex unit request established by the Broward County Land Use Plan. The applicant conducted a community outreach meeting on May 21, 2024, and the attendees expressed concern regarding the landscaping and tree preservation, wall and construction, traffic circulation, flood and drainage, and timeline of the project. A summary of the community outreach meeting was included in the agenda package which addressed the neighbor’s concerns. Staff is suggesting the Board recommend approval to the City Commission of the rezoning from RS-6000 to PRD-1 to allow the proposed development of currently utilized land to be developed consistent with development pattern in the immediate vicinity. Chair Robertson asked if any member of the board had any questions before the applicant’s presentation. The applicant’s representative, Dennis Mele, 200 East Broward Blvd, provided a presentation to the board. He provided an overview of the parcel as well as the surrounding properties. He mentioned the developments in the area that have similar density to the one being proposed by his project. Provided photos of the trees in the property that would be preserved and the process the project will be conducting to make sure the landscape will be maintained. Preservation methods would include rubbers materials for pavement and sidewalks. This would allow the pavement to move with the growth of the tree roots and concrete pavers over sand which would be better for drainage and percolation. Board Member Hankerson mentioned that in cases where trees are retained and moved due to the placement of the units, it becomes necessary due to the size of the canopy to significantly trim the trees, would it be necessary in this case. Mr. Mele consulted with his Landscape consultant, that yes, the trees would be trimmed but it will be done according the necessary guidelines and inspected by the City’s Arborist. There were no further questions from the board, so the Chair called for public comments/ questions. Susan Saver, 5521 SW 40 Ave, property owner between Phase I and II of Dania Oaks. Showed concern about the completion of Phase I and II. Concerns regarding the trees as the relocate trees during Phases I and II have all died. Mentioned concerns for the separation wall on the project and would ask that Phases I and II should be completed before moving forward with Phase III. Dennis McGowan, 5551 SW 40 Ave, property owner between Phase I and II of Dania Oaks, expressed concerns about the growing traffic, noise and dust from the construction. Trash being left behind by construction workers attracting wildlife. Believes that monetary compensation should be provided for enduring with the ongoing situation. Carwash vouchers were mentioned by the developer to be provided due to the dust, but it was never done. Carl Shealy, 5101 SW 40 Ave, expressed concerns regarding the drainage ditch filled in front of his property which causes flooding. Since the initial development of the project, flooding and traffic has become worse in the area. Flooding has become a growing issue since the April that 54 cars were flooded in and last month or so 34 more were damaged. He understands that the need for development, but drainage should be the main issue the City focuses on. Planning and Zoning Board/Local Planning Agency Minutes 3 August 21, 2024 Ezekielisha Anseline, 5121 SW 40 Ave, expressed main concerns regarding the flooding that the development brought to the area as this was not an issue before. Drainage should be considered and will need to be fixed as one of his tenants has already lost their vehicle. Fredy Rivera, 5111 SW 40 AVE, professional landscaper, expressed concern regarding the relocation of trees. Concerns regarding the drainage and sewage smell being caused by the flooding. He mentioned needing to call Public Services to investigate the foul smell and the backing up of the sewage. Concerns regarding the traffic and cars speeding down the street to avoid traffic. Mentioned that the 40th street bike lane not being used and believes the money should have been used to fix the drainage, currently the lane is being used to place garbage collection cans. The Chair reminded the board that the decision that was to be made today was a recommendation to the City Commission for the Rezoning of the subject property. Deputy Director Lajoie added that during the second reading of the Rezoning, the project site plan and additional applications would be presented to the Commission. Carl Shealy, 5101 SW 40 Ave, added that the board’s recommendation was approving the project to the Commission. Dennis Mele, the applicant representative, spoke about the flooding caused by the 1,000-year storms that have occurred two years in a row. Spoke about the flooding the area back in June 2024 caused by clogged culvert drain that was found by the City’s public service team. Clarified that the project was built lower than the surrounding properties. Mentioned that the timeline for Phase III would be shorter due to the smaller size of the property. Provided an update regarding the built status of Phase I and II, mentioning that the units were already in the process of final construction. Regarding traffic, a traffic analysis was conducted and showed that they are times when traffic is heavier than usual and as the other residents mentioned, SW 40th Avenue is often used by cars to cut through traffic. He mentioned that the Broward County MPO was the entities responsible for the recent improvements in the street and believes that drainage should have been the main priority. Also, regarding the issue of garbage, the County is the entity that holds the jurisdiction but maybe not maintenance. He will speak to the construction foreman to reenforce the maintenance and the upkeep of the garbage left behind by the contractors. He confirmed that cleaning vouchers will be provided to residents in the area. Regarding the sewage, the main problem would be the flooding. Susan Saver, 5521 SW 40 Ave, added that the Jewish school that is in the area also causes a lot of traffic. With each student having to be dropped off individually, causing more traffic in the area. The new Griffin Road traffic lights manage a lot of the traffic, but she wishes that new lights be installed on Stirling. She believes, updating the traffic lights on Stirling would alleviate the backup traffic leading to her house and the project. City Attorney Boutsis provided clarification that most of the concerns being presented by the residents today are Site Plan related. That while those concerns will not be addressed today as only the rezoning component is being presented and voted on today, their concerns will not go unnoticed, but they will need to address at the time of site plan. Dennis Mele stated that their team in conjunction with the City Engineers will reach out to the Broward County Traffic Engineering division that controls the traffic signals to study the timing of the turning lights to be possibly adjusted. He will be reaching out to the division prior to the site plan. Motion was made by Board Member Hankerson to deny this agenda item (RZ-007-22) and was seconded by Board Member Bell. Motion passed 3-1 (Chair Robertson opposed the motion) Planning and Zoning Board/Local Planning Agency Minutes 4 August 21, 2024 IV. DISCUSSION ITEM 1. Florida Commission Ethics: Form 1 Deputy Director Lajoie reminded Board members if not already submitted, to provide the Florida Commission of Ethics Form 1 as soon as possible. V. BOARD ITEMS 1. City Commission actions on items previously heard by the Board: • None Deputy Director Lajoie said that there were no items. 2. Upcoming meeting dates: September 18, 2024 VI. MEETING ADJOURNED As all business was finished and without objection, the meeting was adjourned at approximately 7:43 PM. 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. RESOLUTION NO. 2024-PZ-005 A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ACCESSORY STRUCTURE SETBACK VARIANCE (VA-030-24) SUBMITTED BY THE PROPERTY OWNER, WANDA MARTINEZ, FOR PROPERTY LOCATED AT 4649 SW 35 AVE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the “LDC”) Part 6 “Development Review Procedures And Requirements,” Article 625, “Variances” of the City Code of Ordinances (the “City Code”), the property owner, Wanda Martinez (the “Applicant”), applied to the City of Dania Beach (the “City”) for approval of the variance (VA-030-24) for property located at 4649 SW 35 Ave, legally described on Exhibit “A” and incorporated by this reference; and WHEREAS, Chapter 28, Part 6 of the LDC Section 625-40 states that the Planning and Zoning Board may grant a variance based on its determination that the Applicant has demonstrated that the criteria identified in the LDC have been satisfied; and WHEREAS, the Applicant proposes to reduce the minimum front setback to twenty-one feet (21’) in lieu of the minimum twenty-five (25’) feet setback as required per section 205-10(A) of the City’s Land Development Code; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the Staff Report analyzes the applicant’s request based on the variances criteria and supports the Applicant’s request; and WHEREAS, the Planning and Zoning Board conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the Planning and Zoning Board found that the Variance (VA-030-24) request is consistent with the LDC and Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED 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 Resolution by this reference. 2 RESOLUTION #2024-PZ-005 Section 2. The application (VA-030-24) is approved consistent with the Site Plan provided in Exhibit “B”. Section 3. That the associated Planning & Zoning Division Staff Report prepared for the above application(s) is/are incorporated into this resolution as findings of fact. Section 4. That pursuant to Section 625-500 “Expiration of Variances,” of the Land Development Code, the variance (VA-030-24) shall automatically expire and become null and void unless the applicant files a complete building permit application with construction drawings for the improvements shown on the site plan, within eighteen (18) months from the date of this Resolution. Section 5. 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 the 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. Section 6. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 7. That this Resolution shall take effect ten (10) days after passage and adoption. PASSED AND ADOPTED on _______, 2024. Motion by __________________________, second by ___________________________. ATTEST: __________ IBEL LARIOS W. QUIN ROBERTSON, PHD, GISP BOARD CLERK CHAIR, PLANNING & ZONING BOARD APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 3 RESOLUTION #2024-PZ-005 EXHIBIT “A” LEGAL DESCRIPTION LOT 48, BLOCK 2, DAVIS ISLES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGE 19, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. ]bZJ<6kÓ288b=ff/ Ó|}~}Ó€Ó 9…¿0Ӂ‚ƒÓ„Ó       F’ÓѬÊӅ¼Ó…¨Ó…®®£ ‰…©Âӓ¬²Ó…ӆɟ¢œ©–Ó ®‘µ¦Ÿ¿Ó”³Ó…ÓfGUBL<ÓA3SGMyÓb<fG8<V7< Ó ®¢…½‘Ó‡Ó…Í…´‘ÓÀ™…ÁÓ™Ó’¬£¥¬Ï¨–ӝ©•µ§…ž¬©Ó½Ó©‘‘Ž‘ŽÓªÓ¬¶Ž‘·Ó¬ӯµ­‰‘½½Ó Ò¬É³Ó ¸‘±Ê½Âӕ¹Ó…©ÒÓ …ŽŽÃ¬«½Ó¬ºÓ…Š‰½½¬µÒӽĻˌ˼½ Ó Ÿ©‹¢ËŽ¨—Ó °¬¬£½ Ó Ž‰¡½ Ó …¨ŽÓŚ‘Ó ¢Ÿ¡1Ó Ó $Ó f`q3b<ÓA==nÓZAÓzZrbÓNZnÓ¤‘©˜Æ›ÓÐÓ͝ŽÇšÓ &Ó f`r3b<ÓA==lÓ[AÓ{ZrbÓC[rf>Ó (Ó g`r3b?Ó A==mÓ[AÓ3MOÓ<xHhnFVBÓIT]<ctIZrfÓ frcA36=fӐ˜Ó8µÌ‘Í…Ò¾Óͅ¢¡Î…Ò½ӏ‰¡½Ó ®¬¬¥½ӽ¬³…—Ó½™‘Ž½ӑȊÓ faq3d=Ó A<<mÓZAÓnD<Ó388IpIZWÓ 3X:ÓZb#ÓÓ +Ó f`q3c<ÓA<<mÓZAÓnE<Ó]c\]Zf<8Ó  466@ijZbyÓjnbr6nrb=hÓ;cGu=w3zfÓ _=S<YnÓ8<6KfÓ <n7Ó -Ó nZn3PÓf`r3b<Ó A@<oÓZAÓnC@ÓIS]<btGZsfÓ 3b<3Ó[XÓzZrbÓ QZnÓ 3ŽŽÓY¬½ Ó'ÓÓ)ÓÓ*Ó,!Ó ]@e7<Xn3B<ÓZAÓ GS^<cvIZrfÓRZnÓ 6Zt<b5B<Ó8ÌŽ‘ÓV¬Ó.ӈÒÓY¬"Ó%Ó  7KHSURSHUW\ZLOOKDYHRISHUYLRXVDUHD 4649 SW 35 Ave 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HOLLYWOOD BLVD #HOLLYWOOD FL 33020 4807 STEIN,BLAINE THOMAS 4641 SW 34 DR FORT LAUDERDALEFL 33312 5517 STEPHENS,JEFFREY & IVANA 4649 SW 37 AVE FORT LAUDERDALEFL 33312 SWAGGERTY,CHERYL 4631 SW 34 DR FORT LAUDERDALEFL 33312 5517 SWIATKOWSKI,ELIZABETH 4448 SW 37 AVE FORT LAUDERDALEFL 33312 5402 SZABADOS,ANDREAFABIAN,ATTILA 4496 SW 34 TER FORT LAUDERDALEFL 33312 TAM,ONELIO EST 1540 SW 119 TER DAVIE FL 33325 4649 TANNETTA,SUNNI 4632 SW 34 TER FORT LAUDERDALEFL 33312 TELLINI,MAURICIOFORTE,EDELAINE L 4600 SW 34 TER FORT LAUDERDALEFL 33312 5425 THOMASSEN,TROY EVAN 4711 SW 34 DR FORT LAUDERDALEFL 33312 TOPEL,ADOLFOTOPEL,LINDA R G 4841 SW 34 TER FORT LAUDERDALEFL 33312 TOTTEN,CLIFFORD LINCOLNTOTTEN,LISA NICOLE 4630 SW 34 DR FORT LAUDERDALEFL 33312 TOWNE,JEANNE MKINGFISHER IRREV TR 3389 SHERIDAN ST #312 HOLLYWOOD FL 33021 TRUELOVE,DOMINIC 4448 SW 34 TER FORT LAUDERDALEFL 33312 5421 TRUINI,ENRICO 4449 SW 35 AVE FORT LAUDERDALEFL 33312 5426 TWERSKY,YAEL 4827 SW 34 AVE FORT LAUDERDALEFL 33312 TY HOANG LIV TRHOANG,TY TRSTEE 4206 PENNYDALE DR GREENSBORO NC 27407 VAGI,ROBERT L & GLORIA J 4451 SW 34 DR FORT LAUDERDALEFL 33312 5513 VELASQUEZ,DIANA M 4861 SW 35 TER FORT LAUDERDALEFL 33312 VINET,JOCELYNLEMIEUX,DIANE 4412 SW 34 TER FORT LAUDERDALEFL 33312 5421 WADE,BRUCE B 4497 SW 35 AVE FORT LAUDERDALEFL 33312 WALKER,ROBERT KENNETH 3700 SW 48 CT FORT LAUDERDALEFL 33312 WALSH,NICOLA JANE 4465 SW 34 TER FORT LAUDERDALEFL 33312 WENDORF,DARYL 4548 SW 37 AVE FORT LAUDERDALEFL 33312 WYCKOFF,CHARLES C JR H/EWYCKOFF,OLIVER J 4571 SW 34 TER FORT LAUDERDALEFL 33312 5422 ZOHAR,GAL 4902 SW 35 TER FORT LAUDERDALEFL 33312 Gasper Arts Parking Variance September 18, 2024 Page 2 Page 2 of 6 • From 2012 to 2019, the Premier Mobile Health Solutions Inc’s BTR was active and overlaps the U.S. Lab & Radiology’s period. • On November 19, 2012, a Certificate of Use to Premier Mobile Health Solutions as an administrative office was issued (CU-12-0297), • On August 29, 2011, a Certificate of Use to U.S. Lab and Radiology, Inc. with a clinical lab as an accessory use was issued (CU-11-0218). • On June 23, 2022, a Certificate of Use to the current property owner, 250 South Federal LLC, was issued for art studio and gallery use (CU-22-135). • In 2023, a BTR was issued to 250 South Federal LLC (Gasper Arts Center) and is still active. According to the Gasper Arts Center website, the art center houses twenty (27) studios, three (3) workspaces, one (1) wheel room, and has an art gallery and gift shop near the entrance. The art center hosts weekly classes that are typically scheduled at 6:30 PM on weekdays, 4:00 PM on Fridays. Two classes are typically held on Saturdays at 10:00 AM and 3:00 PM. No parking data was provided on the Certificate of Use application. A second Certificate of Use (CU-23-204) was issued on September 19, 2024, for the Family Matters Planning and Consulting Inc./Angelic Monument business in Suite/Studio 16, a company that provides insurance service and retail sale of monument signs for cemetery use with the limitation “Retail Sales and showroom only; no manufacturing of monuments on site.” Retail is a permitted use. The suite/studio occupies 106 square feet. No parking data was provided on the Certificate of Use application. VARIANCE PARKING REDUCTION The applicant is requesting a parking variance to waive eight (8) of twenty-seven (27) required parking spaces. One of the existing parking spaces is proposed to be used for the installation of a new monument sign with a color LED display advertising events and studio spaces for the Gasper Arts Center. The existing use operating from this site requires a total of 27 parking spaces per the City’s Land Development Code Section 265-50. The property currently has fourteen (14) on-site parking spaces and six (6) on-street parking spaces for a total of twenty (20) parking spaces to accommodate the use. The applicant is requesting a parking reduction of eight (8) required parking spaces to accommodate a new monument sign on a space facing Federal Highway, and to legalize the parking shortage in record via a variance. The applicant is proposing to add bicycle/scooter parking in the parking space where the monument sign will be installed. Staff recommend that multimodal parking for bicycles/scooters be installed as a condition of approval. Additionally, to facilitate wayfinding to the property, staff recommend that the address of the property be included at the base of the proposed monument sign. Parking was not addressed at that time the certificates of use were issued. This application request will bring the site into conformity with the City’s Land Development Code, provided the variance is granted. Gasper Arts Parking Variance September 18, 2024 Page 3 Page 3 of 6 To support this request, the applicant has identified the hours of operation and has indicated that intensity of the business does not require twenty-seven (27) parking spaces due to the proximity to transit service and proximity to the City Parking Garage. The site is adjacent to Broward County Transit Route 1 service - a frequent route that services US-1 with approximately 20-minute headways. The nearest southbound stop is immediately adjacent to the east side of the property and the nearest northbound stop is approximately 290 feet southeast of property on US-1. The East Route, a City of Dania Beach community shuttle, also provides service within a quarter mile north of property from 9:36 AM to 5:09 with approximately 60-minute headways. Per Section 265-75, the municipal parking garage may be used to serve businesses occupying existing developed sites within one quarter (¼) mile of a municipal garage; the property is 0.27 miles from the municipal parking garage. Furthermore, the conversion of one parking space to provide parking for micromobiliy modes like scooters, motorcycles and bicycles would accommodate different modes of transportation. Community Development staff visited the site on August 21, 2024, at 6:20 PM, 10-minutes before typically scheduled classes, to evaluate parking occupancy. Six (6) out of twenty (20) parking spaces were occupied. Staff visited the site a second time on Friday, September 6, 2024 and observed eleven (11) out of twenty (20) parking spaces were occupied. There appears to be no current parking shortage at the property based on existing use, programing of the site, and the variance criteria, therefore staff can support the request. Section 625 of the City’s Land Development Codes states, the City Commission or Planning and Zoning Board, if applicable, shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve, or approve with conditions the application for variance, based upon its determination that the request meets the criteria identified in Section 625-40, which are identified below. For each criterion, the applicant’s justification statement is provided, as well as Community Development staff’s findings in italics. 1. “That the requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city.” Applicant: The existing site plan does not allow for siting of signage which is not impaired by existing structures, landscaping, and traffic control hardware. The proposed signage complies with the code, but compliance for the signage is limited to areas currently dedicated to parking. The application complies with the basic intent and purpose of the regulation in that the request is to eliminate just one parking space. Stability and appearance are not compromised. Community Development staff agree with this assessment for the elimination of one parking space, resulting in a variance to reduce a total of eight (8) parking spaces. 2. “That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community.” Applicant: The requested variance is compatible with surrounding SFED-MU land uses and the loss of a single parking space will have no attributably detrimental effect. Gasper Arts Parking Variance September 18, 2024 Page 4 Page 4 of 6 Community Development staff finds that given the overall low demand for parking, and the repurposing of the parking space to provide multimodal parking for bicycles and/or scooters, as well as the presence of transit service, the elimination of eight (8) parking spaces is compatible with the surrounding land uses and would not be detrimental to the community. Furthermore, addition of the monument sign would positively impact the stability and appearance of the City by promoting art and culture in the RAC. 3. “That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted Comprehensive Plan, as amended from time to time, and all other similar plans adopted by the city.” Applicant: We believe the addition of the sign reinforces the City’s goals for the establishment of long-term businesses, which generate full time jobs, in the form of a business that contributes to the City’s aspiration for a defined arts district. To do so successfully the applicant must be able to promote their business and upcoming events just as any other business. Community Development staff confirms that the variance request is in keeping with the Goals, Objectives, and Policies of the Dania Beach Comprehensive Plan: • Objective I of the Transportation Element: On an annual basis, through planning and land use regulation, the City shall continue to protect, maintain and improve the functional relationship between the multi-modal transportation system and the future land use map to ensure that the transportation system is convenient and meets the needs of existing and future residents and land use patterns. 9J-5.019(4)(b)2; BC 12.00.00. • Policy 1.11 of the Transportation Element: Support Broward County Transit’s efforts to encourage improved access to public transit through the provision of bicycle facilities, such as storage lockers, at appropriate locations, as new development occurs. • Policy 1.27 of the Transportation Element: The City’s Land Development Regulations shall require adequate on-site parking for all land uses. 9J-5.019(4) (c) 3. • Policy 2.4 of the Transportation Element: Encourage joint use of driveways and parking areas, and encourage the use of cross access easements among adjoining property owners to allow circulation between sites and reduce the number of vehicular access points along roadways. 9J-5.019(4) (c)7. • Policy 1.2 of the Future Land Use Element: Commercialized activities will be provided to serve the residents of the community. • Policy 5.1 of the Future Land Use Element: Encourage development to enhance the tax base of the community. • Policy 8.4 of the Future Land Use Element: Adequate vehicular parking shall be provided for new development in accordance with the land development regulations. Gasper Arts Parking Variance September 18, 2024 Page 5 Page 5 of 6 4. “That the plight of the petitioner is due to unique circumstances of the property or petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome.” Applicant: The unique siting of the existing building at 70 feet back from the street, with the parking on the street side, puts compliance with the signage code in conflict with the parking code. Due to the lot size constraints, for the applicant adhere to adding eight (8) parking spaces, one of which would be reserved for a monument sign and multi-modal parking, adherence to the subject regulations is unnecessarily burdensome. 5. “That the variance requested is the minimum variance that is necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community.” Applicant: The variance being requested is the minimum request to afford relief to the petitioner while preserving, even enhancing, the character health safety and welfare of the community. For the applicant to conform to minimum parking requirements and to comply with regulations to add a monument, adherence to the subject regulations is unnecessarily burdensome. COMMUNITY OUTREACH Community outreach was requested of the applicant by staff. Notices to 257 property owners within 500 feet of the property were mailed on July 18, 2024. The applicant conducted a virtual community outreach meeting via Zoom on July 31, 2024, at 10:00 AM. No attendees from the public attended the meeting. The meeting was concluded after 20 minutes. One member of the public representing Alligator’s Cycling Bicycling Shop emailed the applicant and indicating that they are in favor of a new Gasper Arts sign being installed, but had safety concerns about the location of the proposed monument sign itself. The applicant responded that no additional hazard would be imposed and provided illustrations of the sign location using pictures that the respondent provided and that the sign complies with all code requirements for signage. Staff confirm that monument is not within the sight triangle. In addition, a building permit will be required prior to the installation of the monument sign, which will include review by electrical, engineering, structural and zoning reviewers. One member of the community, Helena Frosbutter (133 SW 3rd Street) called Community Development staff with concerns about parking shortages during events that occur approximately every one to two months. She indicated that the swale immediately west of the property is used as parking for event attendees and asked if it is possible to have parallel parking constructed there. This request was relayed to public service. To avoid issues relating to overflow parking, staff recommend that attendees to large events be informed that they can utilize the municipal parking garage due to its proximity to the property. Gasper Arts Parking Variance September 18, 2024 Page 6 Page 6 of 6 This application supports the City’s objective to create an Arts District. Furthermore, this application supports the Comprehensive Plan by furthering the following goals, objectives and policies: • Objective I of the Transportation Element: On an annual basis, through planning and land use regulation, the City shall continue to protect, maintain and improve the functional relationship between the multi-modal transportation system and the future land use map to ensure that the transportation system is convenient and meets the needs of existing and future residents and land use patterns. 9J-5.019(4)(b)2; BC 12.00.00. • Policy 1.11 of the Transportation Element: Support Broward County Transit’s efforts to encourage improved access to public transit through the provision of bicycle facilities, such as storage lockers, at appropriate locations, as new development occurs. • Policy 1.27 of the Transportation Element: The City’s Land Development Regulations shall require adequate on-site parking for all land uses. 9J-5.019(4) (c) 3. • Policy 2.4 of the Transportation Element: Encourage joint use of driveways and parking areas, and encourage the use of cross access easements among adjoining property owners to allow circulation between sites and reduce the number of vehicular access points along roadways. 9J- 5.019(4) (c)7. • Policy 1.2 of the Future Land Use Element: Commercialized activities will be provided to serve the residents of the community. • Policy 5.1 of the Future Land Use Element: Encourage development to enhance the tax base of the community. • Policy 8.4 of the Future Land Use Element: Adequate vehicular parking shall be provided for new development in accordance with the land development regulations. STAFF RECOMMENDATION There appears to be no current parking shortage at the property based on existing use, and programing of the site. In addition, the requested variances meet the City's variance criteria. Therefore, staff recommend approval of the resolution provide installation of bicycle/scooter parking, attendees to major events be informed that parking is available at the municipal garage, and that the property address be included on the base of the proposed monument sign as a condition of the approval. RESOLUTION NO. 2024-PZ-006 A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PARKING VARIANCE (VA-032-24) SUBMITTED BY THE PROPERTY OWNER, 250 SOUTH FEDERAL HIGHWAY LLC, FOR PROPERTY LOCATED AT 250 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 28, the Land Development Code (the “LDC”) Part 6 “Development Review Procedures And Requirements,” Article 625, “Variances” of the City Code of Ordinances (the “City Code”), the property owner, 250 South Federal Highway LLC (the “Applicant”), applied to the City of Dania Beach (the “City”) for approval of the variance (VA- 032-24) for property located at 250 South Federal Highway, legally described on Exhibit “A” and incorporated by this reference; and WHEREAS, Chapter 28, Part 6 of the LDC Section 625-40 states that the Planning and Zoning Board may grant a variance based on its determination that the Applicant has demonstrated that the criteria identified in the LDC have been satisfied; and WHEREAS, the Applicant proposes to reduce the required number of parking spaces from twenty-seven (27) to nineteen (19) as required per section 265-50 of the City’s Land Development Code; and WHEREAS, the Applicant has provided sufficient justification demonstrating compliance with the approval criteria to meet the requirements of the Code; and WHEREAS, the Staff Report analyzes the applicant’s request based on the variances criteria and supports the Applicant’s request; and WHEREAS, the Planning and Zoning Board conducted a duly noticed public hearing in accordance with Article 610 of the LDC; and WHEREAS, the Planning and Zoning Board found that the Variances (VA-032-24) requests are consistent with the LDC and Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED 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 Resolution by this reference. 2 RESOLUTION #2024-PZ-006 Section 2. The applications (VA-032-24) for a variance to Section 265-50 to reduce the required number of parking spaces from twenty-seven (27) to nineteen (19) is approved consistent with the Site Plan provided in Exhibit “B”. Section 3. That the associated Planning & Zoning Division Staff Report prepared for the above application(s) is/are incorporated into this resolution as findings of fact. Section 4. That the approval granted by this Resolution is subject to the Applicant's compliance with the following conditions: 1. The installation of bicycle racks and scooter parking is required. Provide rack details for review before the permit for sign issuance. (Planning and Zoning) 2. Attendees to major events be informed that parking is available at the municipal garage. (Planning and Zoning) 3. The property address be included on the base of the proposed monument sign (Planning and Zoning). Section 5. That pursuant to Section 625-500 “Expiration of Variances,” of the Land Development Code, the variances (VA-032-24) shall automatically expire and become null and void unless the applicant files a complete building permit application with construction drawings for the improvements shown on the site plan, within eighteen (18) months from the date of this Resolution. Section 6. 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 the 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. Section 7. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 8. That this Resolution shall take effect ten (10) days after passage and adoption. PASSED AND ADOPTED on __________________, 2024. Motion by __________________________, second by ___________________________. 3 RESOLUTION #2024-PZ-006 ATTEST: __________ IBEL LARIOS W. QUIN ROBERTSON, PHD, GISP BOARD CLERK CHAIR, PLANNING & ZONING BOARD APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 4 RESOLUTION #2024-PZ-006 EXHIBIT “A” LEGAL DESCRIPTION PARK HILL 1-163 D LOT 13 LESS ST RD, LOT 14 LESS ST RD, LOT 15,16 BLK A 485 S Federal Highway Dania Beach, FL 33004 954.629.2694 City of Dania Beach Planning Department 100 W Dania Beach Blvd. Dania Beach, Fl 33004 26 August, 2024 Re: Gasper Arts 250 S Federal Highway Dania Beach, FL 33004 Justification Criteria Statement for Variance Application On behalf of the owners of the subject property, we are requesting a Variance to eliminate one existing parking space in order to add a monument sign. Both the parking and the building are existing and the building was renovated in 2020 by the Gaspers to create an Art Gallery. The variance to section 265-50 is required as the setback limitations for a monument sign limit the sign the space that is already allocated for parking. Section 265-50 requires 4 spaces plus 1/400 square feet for a total of 27 spaces. It is our hope that the Planning Board will support the variance being requested. We believe the request is necessary and valid due to the physical limitation of the existing site and parking, and the uncommon positioning of the existing building on the site. Further, we believe the sign will be invaluable to Gasper Arts to explain to the public their programming as well as an enhancement to Dania Beach burgeoning Arts District. History The building appears to have originally been an automobile service shop, followed by extended vacancies and several years as a medical testing laboratory. Approval of the medical laboratory resulted in the addition of six on street parking spaces adjacent to the property via a cooperative land agreement between the city and then property owners. The building is a single story reinforced concrete masonry structure that was renovated with permits in 2020 to convert to Gasper Arts. The renovation included significant interior alterations and the addition of storefront windows to the Federal Highway side of the building to bring it more inline with the LDC and the City’s intentions for the development of the SFED- MU district. Gasper Arts has been in business for just over two years and is considered an anchor business for Dania Beaches Arts District. They employ six persons part time and are open to the public Tuesday thru Saturday from 1 to 6 PM. They offer weekly classes in ceramics, host group and solo art exhibits on an ongoing basis and has been the location of a SoFar Concert and a Choose954 Meetup. The number of attendees to classes is limited to a dozen and they are typically group events (birthdays, bridals, valentines day).The ribbon cutting was probably the largest event to date, and thus far there have been no parking problems. Paid members have 24/7 access. The property fronts on South Federal Highway and there is a public bus stop fronting the property. Gasper Arts Variance Request 26 August, 2024 Page Two As to the unique circumstances of the site: 1. The parking is located street side of the building instead of behind it. Surely this is a function of its original purpose as an automobile repair shop. DB LDC requires a (5) five foot setback from Federal Highway and 15% of the lot width from adjacent property to the north. This positions the sign in an existing parking space. The sign would consume the street half of the parking space and the remaining portion could still be used for scooter and motorcycle parking. 2. The sign code does not permit a digital sign to be building mounted. Even if it did, the the building is set back so far from the street that visibility of the sign is impaired to near irrelevance. 3. Existing mature trees further impair visibility of the front facade of the building where one would normally consider effective signage. Variance for Parking Reduction, Section 265-50 Schedule of Minimum Off-street Parking Requirements, where required parking is (4) spaces plus 1/400 for a total of 27 spaces. Currently there are 20 spaces. The requested reduction will result in 19 spaces remaining: 1. The requested variance maintains the basic intent and purpose of the subject regulations, particularly as it affects the stability and appearance of the city: The existing site plan does not allow for siting of signage which is not impaired by existing structures, landscaping and traffic control hardware. The proposed signage complies with the code, but compliance for for the signage is limited to areas currently dedicated to parking. The application complies with the basic intent and purpose of the regulation in that the request is to eliminate just one parking space. Stability and appearance are not compromised. 2. That the requested variance is otherwise compatible with the surrounding land uses and would not be detrimental to the community; The requested variance is compatible with surrounding SFED_MU land uses and the loss of a single parking space will have no attributably detrimental affect. 3. That the requested variance is consistent with, and in furtherance of, the goals, objectives and policies of the adopted comprehensive plan, as amended from time to time, and all similar plans adopted by the city; We believe the addition of the sign reinforces the City’s goals for the establishment of long term businesses, which generate full time jobs, in the form of a business that contributes to the City’s aspiration for a defined arts district. To do so successfully the applicant must be able to promote their business and upcoming events just as any other business. Gasper Arts Variance Request 26 August, 2024 Page Three 4. That the plight of the petitioner is due to unique circumstances of the property or the petitioner which would render conformity with the strict requirements of the subject regulations unnecessarily burdensome: The unique siting of the existing building at 70 feet back from the street, with the parking on the street side, puts compliance with the signage code in conflict with the parking code. 5. That the variance requested is the minimum variance necessary to afford relief to the petitioner, while preserving the character, health, safety and welfare of the community; The variance being requested is the minimum request to afford relief to the petitioner while preserving, even enhancing, the character health safety and welfare of the community. On Jul 25, 2024, at 9:35 AM, Alligator's Cycling-Tam <tam@alligatorscycling.com> wrote: Hello Scot, RE: Gasper Arts Variance for Sign US1/SW 3 St I'm in favor of a new sign for Gasper Arts, however, I'm not in favor of installing it closer to the sidewalk/US1 which I believe the Site Plan shows. ***Could you please resend your letter with a legible copy of the Site Plan? (The print is too small.) I'm opposed to the variance for the following reasons: 1. Additional Traffic Hazard Turning Right onto US1. The sign will further obstruct the view of southbound US1 traffic at the intersection of SW 3rd St/US1. Driving eastbound at SW 3rd St at the traffic light on US1, the view to check traffic to the left prior to making a right onto US1 is already unsafe. The view is obstructed by utility boxes, trees, bus stop, poles, etc. There is no additional hazard. The sign has limited visibility due to existing obstructions. However, the Gaspers are confident it will help their business so I am trying to make this happen. From the road, both northbound and southbound traffic WILL have visibility of the sign, and that is what they are looking for. The signage on the building is too far back from the street to see. I have noted where the sign would be in your photographs as that should help you understand where it is actually located. The mailing was prepared by a third party and perhaps there was some deterioration in quality when they reproduced the image? I have attached a crisp copy of the site plan for your review. To remedy the situation, install a sensor at the traffic light that will allow the stoplight to turn red within 1 minute. Right now, the wait is ridiculous. Possibly, around a 5 minute wait or even longer. I appreciate this concern and I too am an avid cyclist. However, this is way outside the scope of this project. Timing for these lights is a very complex process. That said, perhaps Dania Beach can look into this for you. Either way, it has no relationship to the request to eliminate a parking space. 2. A grade school, school zone, school crossing & a school crossing guard are all located at the intersection of SW 3 St & the very busy US1. Installing a sign closer to US1 than currently allowed may further distract drivers and make it unsafe for students, the school crossing guard and other pedestrians using the crosswalks on US1 & on SW 3rd St. We are not asking for a variance to install the sign closer to US than allowed. We are asking for a variance to eliminate one parking space to accomodate the sign. The proposed location and size of the sign complies with all of the code requirements for signage, and no variance is requested or required. I am not in favor of approving the variance due to safety reasons. Sincerely, 8/28/24, 12:22 PM Untitled attachment 00044.htm file:///C:/Users/jmackey/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/3604WTXH/Untitled attachment 00044.htm 1/2 Tamyra Barnard 239 SW 1 Ct Dania Beach FL 33004 954-296-6808 8/28/24, 12:22 PM Untitled attachment 00044.htm file:///C:/Users/jmackey/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/3604WTXH/Untitled attachment 00044.htm 2/2 From:Helena To:Mackey, Jessica Subject:Re guarding parking variance for 250 Date:Friday, September 6, 2024 7:49:31 PM CAUTION: This email originated from outside the City of Dania Beach. Do not click links or open attachments unless you recognize the sender and expect the content. Miss Mackey , as we discussed the other day, they actually need more parking spaces if they are going to have events at the art building, besides the classes that they hold, when they have had an event , they have had issues with parking along SW1 ave, the swale areas are not wide enough and the cars hang in the road, or they are forced to pull on the side walk to get off the road, and there is no where for them to park behind the building, so if they want to keep it to 19 parking spaces , then they need to rethink how many people to invite to an event, or find a larger place to hold there events, thank you for listening, Mrs Helena Frosbutter. Sent from my iPad Order ID:7689259 Page 3 of 3 8/28/2024 11:25:39 AMPrinted: GROSS PRICE * :$251.10 * Agency Commission not included SSC_Notice of Public MeetingPACKAGE NAME: