LimeBike Memorandum of Understanding

MIAMI SHORES VILLAGE PLANNING AND ZONING BOARD REGULAR MEETING September 7, 2005

The regular meeting of the Miami Shores Planning and Zoning Board was held on Wednesday, September 7, 2005, 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 (Absent)

Tim Crutchfield

Sid Reese

W. Robert Abramitis

 

ALSO PRESENT: 

Al Berg, Planning & Zoning Director  

Richard Sarafan, Village Attorney

Emilia S. Palmer, Recording Secretary

 

ABSENT:  Cesar Sastre (Absent.)

 

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

Chairman Fernandez disclosed that he visited 137 NW 108 St, 301 NE 101 St, 9523 NE 2 Ave, 128 NW 99 St, 955 NE 95 ST, 9450 NE 2 Ave.

Mr. Abramitis disclosed that he visited all the sites.

Mr. Reese disclosed that he visited all the sites

ITEM II: APPROVAL OF MINUTES-

Chairman Fernandez made a motion to approve the June 23, 2005. Mr. Crutchfield seconded. The vote was unanimous.

ITEM III: SCHEDULE ITEMS

PZ05-0825-03
M. S.V.C., Gladys Matz (owner)
Tri-Village Realty (Tenant)
9523 NE 2 Ave
Sec. 604: Site plan approval-Sign.

Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application for a window sign with a 12'' logo and 6 ½ letter for Tri State Realty that will be 13 sq. ft., and a door sign, that will be 2'x1' total with the names of the broker and realtor to about 2 ½ . Mr. Berg stated that the site is zoned B-1 which allows 1 ½ square of signage per lineal foot of building wall facing the street in the front. They would be allowed 16 square feet where 24 square feet (16 x 1 ½) are allowed. He also stated that the lettering and logo are proportionately done and the color would work well with the façade. He stated that is anticipated that the owner will be submitting a sign survey for the entire building and additional awning lettering. After a brief discussion from the Board, Mr. Crutchfield made a motion to approve the application. Mr. Reese seconded. Motion passed (4-0).

PZ05-0825-06
Lorraine & Edward Duffy (owner)
137 NW 108 St
Sec. 701: Appeal Admin. Official- carport covers color

Mr. Berg explained the basis of the request, and the site conditions, and recommended a different color which more appropriately for the building and its existing roof and wall color scheme. Mr. Berg stated that the applicant applied for color approval of a new awning (orange) which it was denied by the Administrative Official. Mrs. Lorraine Duffy was present (owner). She stated that the color coordinates with the property roof and the awning is not too visible on NW 8th street. Mr. Crutchfield stated that is possible that the color will fade out with some time. Chairman Fernandez asked if there is a chart of the manufactures of other colors. Mrs. Duffy presented a chart of other color, which was reviewed by Mr. Berg. After a short discussion Mrs. Duffy agreed to change the color. After a discussion from the Board, Mr. Crutchfield made a motion to table the application. Mr. Abramitis seconded. Motion passed (4-0).

PZ05-0825-10
South Florida Fidelity (owner)
Food n Such (Tenant)
8849 Biscayne Boulevard

Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application subject to removal of the sign on the window and the telephone number, to reduced the cabinet sign size to 18''x 10', this would allowed Food n Such to be at the requested height (10''), West Indian/American at the requested height (5''), Convenience Store (3''). Mr. Berg explained that the site is zoned B-2 which allows 3 square feet of signage per lineal foot of building wall. The tenant will occupy a space with 40 feet of frontage and would be allowed 120 square feet (40x3=120) of area. Ms. Hazel Chamber (tenant) was present. Ms. Chambers doesn't agree on the removal of the telephone number. Mr. Abramitis suggested eliminating one sign and replacing with the phone number. Mr. Crutchfield suggested eliminating the phone number and replacing it with 5' white vinyl letter on the window or door. After discussion from the Board Mr. Crutchfield made a motion to approve the application subject to the height of the sign to be modify to 2 feet and removal of the telephone number from the sign and replace it with 5' white vinyl letter on the window or door. Mr. Reese seconded. Mr. Abramitis and Chairman Fernandez stated the 18''x 10' is consistent with other signage in the area. Motion failed (2-2). Mr. Abramitis and Chairman Fernandez voting no. Mr. Abramitis made a new motion to approve the sign application subject to reduce the size to 18''x10' with same color scheme and replacing the telephone number on the door. Mr. Crutchfield seconded. Motion passed (4-0).

PZ05-0224-04
James Smith (agent)
Simone Mayer (owner)
128 NE 99 St
Sec. 604: Site plan approval-garage enclosure/addition

Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application based on the Council recommendation. This application was denied by the Planning & Zoning Board on April 28, 2005. The applicants appeared before the Village Council and the Council voted 5-0 that the applicants did not need a variance and that they should return to the board for site plan approval. Mr. Berg stated that the county standard for driveways install on the right of way is 15 feet back from the corner. He also noticed that there is concrete slab

PZ05-825-01
Christina Ricci (owner)
128 NE 99 ST
Sec. 516 (e): requesting variance for vinyl shed where only metal is permitted.

Mr. Berg explained the basis of the request, and the site conditions, and recommended denial of the request. Mr. Berg stated that Section 516(e) of the zoning code provided for erection of metal shed but does not allow the use of other material except masonry (exterior walls). He also stated that vinyl shed have been discussed in the past and are clearly not allowed by our code, and that there is an issue of safety and product approval and what would happen in the event of a hurricane. Ms. Christina Ricci was present. Ms. Ricci stated that her shed is safe with wind lows up to 150 MPH. The property owner submitted a structural evaluation report from the manufacture. Mr. Berg stated that there is no permit on file for the shed and that currently fines from Code Enforcement Department. Mr. Abramitis asked if there was any inspection on the shed. Ms. Ricci responded no. Mr. Reese stated agrees that vinyl shed are well develop than steel shed and suggested to table until the there is a change of code. Mr. Crutchfield stated that the application doesn't meet the variance regulations. After discussion from the Board, Mr. Abramitis made a motion to deny the application for a variance. Mr. Crutchfield seconded. Motion passed (4-0).

PZ05-0825-02
Donald Stobs (owner)
9505 NE 5 Ave
Sec.701: Appeal of Admin. Official; Sec 521(b) 2(b): paving in the right of way.

Mr. Berg explained the basis of the request, and the site conditions, and recommended denial of the request. Mr. Berg stated that the applicant doesn't have a survey which is requires for a permit, also that there was no permit obtained for the right of way paving. The applicant has been cited by Code Enforcement for not maintaining the asphalt and for not maintaining the grass. Mr. Berg also stated that staff has been diligently working on improving the appearance of the community by not allowing excessive paving and requiring street trees, landscaping, and drainage. The requirement, as well as Miami- Dade County, limits driveway widths to 20'. Mr. Donald Stobs was present. Mr. Stobs doesn't agree that he need a survey for the parkway. Mr. Berg stated that the applicant is allowed 50% of length and when you paved 60 feet of right way there will be no drainage. Mr. stated that cut a 5 foot angle to south end of the right of way to keep it from running to the roots of an oak tree, and also that he doesn't want a circular driveway because he already have enough landscaping on the property. Currently the property owner has to parking spaces within the setback. After discussion from the Board, Mr. Crutchfield made a motion to approve the application subject to 5 foot cut back between the parking area to the sidewalk. Mr. Reese seconded. Motion passed (4-0).

PZ05-0825-04
Mark Campbell (agent)
Cary Lubetsky
9953 NE 4 Ave Road.
Sec. 604: site plan approval-garage enclosure/covered entry.

Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the application. Mr. stated that the applicant is requesting to erect a new garage at the front of the residence and that the property is improved with a deck, pool, and a large circular driveway in the front which will connect to the existing driveway. He also stated that the proposed garage will add parking to the residence. Mr. Berg is concerned about the encroachment (patio, deck, concrete) in the side setback. He stated that the garage will have a pitched roof with matching color-through tile. Mr. Mark Campbell (agent) was present. Mr. Campbell stated that the impervious area will be consistent with Village code. After discussion from the Board, Mr. Crutchfield made a motion to approve the application subject to removal of the encroachment on the pool deck onto the setback. Motion failed for lack of second. Mr. crutch field made a new motion to approve the application subject to removal of the encroachment. Mr. Reese seconded. Motion passed (4-0).

At this time, Ari Sklar offer to move the signage application and to let the other applicants to go before the Board.

Mr. Crutchfield made a motion to hear all the case on the tonight's agenda. Motion failed for lack of a second.

PZ05-0623-02
M.S.V.C., Llc (owner)
Village Center (Ari Sklar)
9450 NE 2nd Ave
Sec. 604: Site plan approval-sign survey.

Mr. Berg explained the basis of the request, the site conditions, and recommended that the sign proposal be re-studied. He stated that it should be more consistent with 14'' backlight for all signs. The window signs need to be detailed and some of the signs need to be scaled down. The rear signage should not be lit. The monument sign should have setback 7'. The Miami Shores Village Center sign should be the same size on the front. A curvilinear sign should be the same installed on the corners to be consistent with other signs on 2nd Avenue. He stated that the applicant is proposing 14'' and 16'' green reverse channel neon lighting with logo for all stores in the front. The signs would come with logos with an assumed size of 14'' or 16''and would be of a color selected by the tenant. The end stores would receive a 16'' sign logo; the interior stores would receive a 14'' sign and logo. Each store would also receive a 30'' x 6 ½'' projecting (blade signs) sign. Rear signs with 3'' letter and addresses are also proposed. An optional window sign is proposed for each tenant and vinyl letters of 1' are proposed for each tenant's front door. A monument sign, 7' high and 7'4'' long are proposed along 95 Street. The Miami Shores Village Center sign will be reversed channel letter, back lit, 10'' in front, and 10'' aluminum in the rear (not lit). Another sign is proposed for his south side, rear. All the blade signs will be consistence with the color and font of 14' except for the logos. Mr. Ari Sklar of Miami Shores Village Center (architect) was present. Chairman Fernandez was concerned about the removal of specimen tree and removal of other trees and plants. After discussion from the Board, Mr. Crutchfield made a motion to approve the staff recommendation. Mr. Abramatis seconded. Motion passed (4-0)

PZ05-0526-02
M.S.V.C., Llc (owner)
Jeffrey Wolfe (tenant)
Anthony Austin (tenant)
Wolfe's Wine Shop
9450 NE 2nd Ave
Sec. 604: Site plan approval-wine shop

Mr. Berg explained the basis of the request, and the site conditions, and recommended approval of the 2 APS license for wine shop which is an approved retail use. The application was table in April pending resolution of the distance requirements and a liquor distance survey. Mr. Berg stated that the space will occupy approximately 1260 square feet of area. He also stated that the parking requirements are met 2 spaces per this location. After discussion from the Board, Mr. Crutchfield made a motion to approve the application. Mr. Reese seconded. Motion passed (3-1). Chairman voted no.

PZ05-0825-05
Chuck Longdon, Agent, Starbucks
M.S.V.C., Llc (owner)
Village Center (Ari Sklar)
9450 NE 2nd Ave
Sec. 604: Site plan approval: open air café

Mr. Berg explained the basis of the request, and the site condition, and recommended approval of the application, subject to the deletion of the signs, the outdoor speakers, and owner's approval. The application will be presented to the Village Council with the Planning Board recommendations. Mr. Berg explained that there are extra parking spaces. Since the outdoor is over 100 square feet of area, he concluded that 9 parking spaces will require for the interior customer area and outdoor café. Chairman Fernandez is concerned about the parking and there is no lighting package to rule on the application. Mr. Crutchfield suggested that if the owner's can work out an agreement with other businesses for some share parking. Mr. Berg stated that there is no lighting plan. Ari Sklar (agent) was present. Mr. Sklar stated that they are negotiating with Bank of America for the use of parking spaces. He also stated that there is an approved lighting package. Mr. Abramitis stated what he recalls that the discussion from the Board members indicated that all retail use was original plan and nothing for take-out or sit down restaurant. Some of the Board members agree that there is not enough information to rule on the application. Mr. Sklar stated that the hours of operation differ from each business. After discussion from the Board, Mr. Abramitis made a motion to table the application. Motion failed for lack of second. Mr. Crutchfield made a new motion to approve the application for new use and to recommend to the Village Council for approval of the application. Motion failed for lack of second. After further discussion Mr. Reese made a motion to table the application. Mr. Abramitis seconded. Motion passed (3-1). (Mr. Crutchfield voted no).

V. NEXT MEETING.

The next regular meeting will be on September 29, 2005.

V. ADJOURNMENT

The remaining of the cases will be rescheduled for the next meeting.

Mr. Abramitis made a motion to adjourn. Mr. Reese seconded. Motion passed (3-1). (Mr. Crutchfield voted no).

The September 7, 2005 Planning & Zoning meeting was adjourned at 11:00 P.M