MIAMI SHORES VILLAGE

PLANNING AND ZONING BOARD

REGULAR MEETING OCTOBER 16, 2003

 

The regular meeting of the Miami Shores Planning and Zoning Board was held on Thursday, October 16, 2003, at the Village Hall.  The meeting was called to order by Richard Fernandez, Chairman at 7:00 P.M. with the following persons present:

 

ITEM I: ROLL CALL:            Richard Fernandez, Chairman

                                                W. Robert Abramitis

                                                Cesar Sastre (Arrived at 7:10PM)       

            Donald Shockey (Arrived at 7:12PM)  

                                                Tim Crutchfield

 

 

ALSO PRESENT:                   Al Berg, Planning & Zoning Director

                                                Irene M. Fajardo, Recording Secretary

                                                Richard Sarafan, Village Attorney        

 

Mr. Sarafan swore in all those participating in the meeting.

                         

ITEM II: SITE VISITING DISCLOSURE

 

Mr. Crutchfield visited all the sites and had contact with one of the neighbors in regard to the tennis facility.  Mr. Abramitis visited all the properties and spoke to Mr. Berg and Mr. Sarafan in regards to the tennis court and the rezoning issue on 6th Ave.  He also disclosed that he had conversations with a resident named Mr. Rengstl in regards to the tennis facility.  Chairman Fernandez disclosed that he had visited all the sites and had conversations with Mr. Rengstl, Steve Johnson, and Bob Blum in regards to the Miami Shores Country Club and the Miami Country Day School. 

 

Chairman Fernandez explained the procedures in regards to the Planning and Zoning Board and the appeals made by the residents.

 

ITEM III: APPROVAL OF MINUTES-September 18, 2003

 

The approval of the minutes was tabled until the end of the meeting.

 

ITEM IV: SCHEDULE ITEMS

 

Case #: PZ03-1016-01

Owner: William and Pearl Haney (owner)

Address: 9105 NW 1 Ave.

Sec.604: Site plan approval-garage enclosure

 

Mr. Berg explained the basis of the request, the site conditions, and recommended tabling of the application pending resolution of the items stated in the memorandum.  The applicant is requesting site plan approval to enclose an existing 24’X 20’ garage consisting of 480 square feet.  The garage will be used for a family area.  Mr. Berg explained that the garage enclosure has all the appearances of a rental.  Staff recommended that the outside door be eliminated and a window substituted.  The patio and entrance area are located in the setback and cannot be approved without a variance.  Also, the garden wall will have to be approved by the Planning and Zoning Board since it is in the front yard.  The property owner, Mr. Haney, was there to present the case.  Mr. Haney explained that the intention of the garage enclosure is for his elderly mother who is confined to a wheelchair.  The idea is to have her live independently with her own kitchen and cooking facilities.  He added an outside door and walkway in order for his mother to independently enter and leave the house without going around the property since that is the only wheel accessible entry.  The Board discussed the changes proposed by Mr. Haney and recommended alternatives such as adding an entry to the unit by the inside of the house, making it accessible to the rest of the property without the need of the outside door.  It was noted that a wheelchair would not be accessible to the rest of Mr. Haney’s house.  The Board’s main concern was that the enclosure would become a possible future rental unit.  Mr. Haney confirmed that the unit would not be rented.  The Board explained that their concerns where in regards to future owners. After further discussion, Mr. Sastre made a motion to table the case in order for the applicant to discuss staff’s recommendation with Mr. Berg.  Mr. Crutchfield seconded the motion.  Motion passed 5-0. 

 

Case #: PZ03-1016-02

Owner: Miami Country Day School

Address: 10653 NE 6th Ave.

Sec. 301: Zoning district change

Sec. 604: Site plan approval-addition

 

Mr. Berg explained the basis of the request, the site conditions, and recommended approval of the rezoning request.  The applicant is also requesting site plan approval for a new building to be used as a classroom.  In June 2000, the applicant sought approval, which was granted by the Council, to operate three classrooms at the site under Section 609 of the zoning code.  Staff did not recommend approval of the proposed site plan until scaled drawings, with the necessary details, are submitted for staff review.  The drawings must show the new building’s relationship to the existing structure, a drainage plan, an elevation certificate, lighting plans, and landscaping plans.  The Board inquired about the ownership of 107th Street and how the responsibility of additional traffic and street crossing will be divided between the Village and the county.  They inquired about the size of the structure and the parking requirements.  The Board also expressed their concerns in regards to the school buying future properties in order to expand the facility.  They were concerned about the traffic impact and pedestrian crossings in the neighboring properties.  They were also concerned about the dimensions of the building being harmonious with the immediate properties.  The architect, Max Sturman, and the Head of School, John Davis, were there to present the case.  Mr. Sturman withdrew the site plan application and stated that he would like for only the rezoning to be heard as advised by Mr. Berg.  Mr. Sturman stated that he was trying to comply with the current land use and that they would enter a cross-covenant with the Village and a Pilot program which allows for the Village to collect a fee for the land use.  Mr. Sturman also explained that they are doing a traffic study for the campus which will include the section of Miami Shores in order to better understand traffic issues around the area.  Chairman Fernandez opened the hearing for public comments.  Most residents that reside near the school were opposed to the rezoning.  Mrs. Caruso of 10601 NE 6 Ave., Miss Feinberg of 544 NE 106 St., and Mr. Griffin of 529 NE 106 St., all spoke against the rezoning.  The residents felt that there would be increase in traffic and a danger to pedestrian crossings.  They also stated that the new addition would not be harmonious with the surrounding properties since it will affect the overall residential mood of the Village.  Chairman Fernandez closed the hearing for public comments. The Head of School, John Davis stated that the proposal does not change the traffic situation.  He also stated that the school will not be purchasing residential properties to expand the facility.  The Board inquired about the number of students in school.  Mr. Sturman stated that they were close to the maximum allowed.  The county has put a cap of 1000 students on the school.  The Board then proceeded to discuss the dimensions of the new addition and stated that the facility must keep in line with the comprehensive plan.  The Board stated that a report must be generated stating the pros and cons of the rezoning to submit to Council.  After a brief discussion, Mr. Sastre made a motion to approve the rezoning and amend the portion of our zoning map with a finding of fact that it is consistent with the comprehensive plan.  Mr. Crutchfield seconded the motion for discussion.  Mr. Crutchfield stated that he was not concerned with the school purchasing residential properties to further expand the facility but instead he was concerned with the impact on the neighboring properties.  He also inquired if the Board had to always approve a rezoning.  Mr. Sarafan stated that a resident had the discretion of requesting a rezoning with positive expectations, if the rezoning is consistent with the current land use plan.  Chairman Fernandez inquired if the motion needed to be amended to include that the applicant agrees to do the Pilot program and the cross covenant with the Village.  The motion was not amended since the applicant agreed to do both the Pilot program and the cross covenant.  Mr. Sastre made the motion with that understanding.  All the Board members agreed that the request is consistent with the current land use plan.  Motion passed 4-1.  (Mr. Shockey voted no).

 

Case #: PZ03-1016-03

Owner: Miami Shores Country Club/Howard Orlen, Tennis Facility

Address: 801 NE 100 St.

Sec. 604: Site plan approval

 

Mr. Berg explained the basis of the request, the site conditions, and recommended not to approve the site plan at this time.  Mr. Berg stated that the proposed lighting plan meets the code requirements but a signed and sealed plan has not been submitted.  Mr. Berg stated that the issues regarding light spillage, noise, the operating hours of the facility, and additional landscaping have not been addressed.  The applicant, Howard Orlen, was there to present the case.  He stated that the facility would be opened until 9:00pm and explained that the lighting proposed would be low-impact lighting with reflectors. He also stated that a landscaping plan was submitted.  Mr. Berg stated that the items were submitted late and therefore he was not able to review them before giving them to the Board.   Allan Richbell, and his associate, Jason Florio, from Florida Lighting, were there to give a presentation showing the proposed lighting and spillage using computer imaging.  They proceeded to give the presentation.  The Board inquired about the sealed plans.  Mr. Richbell explained that the proposed lighting shown on the computer image needs to be given to the engineer in order to make the plans and have them sealed.  There was discussion on how landscaping would serve as a buffer for the lights.  Chairman Fernandez opened the hearing for public comments.  Residents in the surrounding properties had different opinions in regards to the lighting.  Mike Rotundo of 920 NE 100 St., Mr Miller of 890 NE 100 St., and Mr. Regnstl of 665 Grand Concourse, all spoke against the proposed lighting.  Ms. Oyarzun of 860 NE 98 St., Mr. Carr of 246 NE 101 St., and Ms. Bloom of 1450 NE 103 St., spoke in favor of the proposal.  The residents in favor were tennis players who stated that nighttime was the only time that they could play.  They also stated that they were not concern with the light spillage since they were going to use low-impact lighting.  The residents that were not in favor did not believe that there would not be any light spillage onto their properties.  They were also concerned with the noise caused by the tennis balls.  A sample of the lights proposed would allow them to get an idea of what they would look like.   Chairman Fernandez closed the hearing for public comments.  The Board was concerned that the plans were not sealed.  After further discussion, Mr. Sastre made a motion to table the case until all the sealed plans are submitted and reviewed by Mr. Berg.  Mr. Crutchfield seconded the motion.  Motion passed 5-0.

 

Case #: PZ03-0717-02

Owner: Lawrence Green

Address: 861 NE 91 Terr.

Sec. 604: Site plan approval-new house

 

Mr. Berg explained the basis of the request, the site conditions, and recommended approval with the following conditions:

 

  1. The 16’tree must be successfully relocated.
  2. An additional 12’ tree must be added in the energy conservation area.
  3. Two 12’ trees must be added.
  4. The driveway must be reduced to 16.’
  5. The walkway must be reduced in width to allow additional drainage.
  6. An elevation certificate must be provided that would meet FEMA and Dade County standards.

 

The applicant; Lawrence Green, was there to present the case.  Mr. Green did not have any questions for Mr. Berg.  The Board discussed the brick paving and the relocation of the trees.  Mr. Berg explained that if after relocating the tree, the tree dies, DERM will require that it be replaced with a smaller tree.  The Board inquired about how the tree will be relocated.  Mr. Berg attempted to explain how a tree gets relocated and confirmed that a professional arborist will be the one doing the relocation.  A concern was with regards to the double-wide garage door and that it was not a harmonious with the neighborhood.  The Board inquired about the unity of title and building restrictions on the lots.  They further discussed the relocation of the oak tree.  The architect, Michael Scavuzzo, was there to present the case.  Mr. Scavuzzo stated that he brought a revised plan for the driveway which shows that he will comply with staff’s recommendations.  The Board expressed their concerns about how far the driveway extends in the side of the property. They do not want the neighbors to have a view of a vehicle right next to their property line.  Mr. Scavuzzo attempted to explain why the driveway will be built so far back to the side of the house.  He also stated that they will install plenty of landscaping to address the Board’s concern with the neighboring property.  Mr. Scavuzzo explained that all the landscaping will be done under the supervision of a professional arborist including the relocation of the oak tree.  He also confirmed that he would add the window details on all the windows of the property and that he would add the panels on the garage doors in order to make them more harmonious.  Mr. Scavuzzo also agreed to comply with all of staff’s recommendations.  After further discussion, Mr. Sastre made a motion to approve the site plan with all of the modifications and staff’s recommendations agreed upon by Mr. Scavuzzo and with all of staff’s recommendations.  Mr. Abramitis seconded the motion.  Motion passed 4-1. (Mr. Crutchfield voted no).

 

V. DISCUSSION:

 

The Board discussed the procedures for the new meeting.  They schedule the first workshop for October 30, 2003 at 6:00pm.

 

ITEM III: APPROVAL OF MINUTES-September 18, 2003

 

Mr. Sastre made a motion to approve the September 18, 2003 minutes.  Mr. Crutchfield seconded the motion.  Motion passed 5-0.

 

VI. NEXT MEETING.

 

The next meeting will be on November 20, 2003

 

VII. ADJOURNMENT

 

The October 16, 2003 Planning and Zoning meeting, was adjourned at 10:15pm.