LimeBike Memorandum of Understanding

October 12, 2017

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

 

October 12, 2017

THURSDAY, 7:00 P.M.

In attendance:

David Dacquisto, Planning and Zoning Director

Travis Kendall, Planning and Zoning Director

Al Gonzalez, Assistant Village Attorney

Mariana Gracia, Clerk

  1. CALL TO ORDER

    1. Roll Call

      Present: Mr. John Busta, Mr. David Snow, Ms. Irene Hegedus, Chairman Richard Fernandez.

  2. BOARD MEMBER DISCLOSURES

    Chairman Fernandez disclosed that he visited 9935 NE 13th Avenue

    Mr. Busta disclosed that he visited 672 NE 98th Street

  3. SWEARING IN OF WITNESSES

    1. SWEARING IN OF WITNESSES BY VILLAGE ATTORNEY:

      “Do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth.”

  4. ACTION ITEMS: PUBLIC HEARINGS; CONTINUED

      1. Council request for a planning board report and recommendation to consider allowing administrative review of metal roofs.

        Public Hearing is now open. No members of the public were present.

        Public Hearing is now closed.

        Mr. David Dacquisto gave a brief introduction regagarding consideration to allow administrative review of metal roofs. He gave more information about the white color roof and the reason for this condition.   The Board discussed the issue with the color of the roof and its reflectivity. Discussion took place about supporting Staff’s recommendation. Spanish S Metal tile was discussed by the Board.

        Motion to recommend the Ordinance as written by Staff, Motion by Ms. Irene Hegedus, seconded by Mr. John Busta and the vote passed 4-0.

      2. Council request for a planning board report and recommendation to adopt an ordinance setting a minimum height for seawalls.

        Public Hearing is now open. No members of the public were present at this time.

        Public Hearing is now closed.

        Travis Kendal, Planning and Zoning Director gave a brief presentation about the recommendation to adopt an ordinance setting a minimum height for seawalls. He pointed out to the information provided to the Board with significant background information about seawalls. Mr. Kendall mentioned that there were four seawalls in the village that failed in the last storm. They have applied for new seawalls permits. Chairman Fernandez asked Staff if the Village Council is considering an outside firm to look at this issue Mr. Kendall said that he does not know for a fact that Council intends to hire an outside firm to look at this. Chairman Fernandez, there appears to be intend to do that. Chairman Fernandez, this has been looked at in the past and there were some issues that need to be addressed by an expert. This issue should be tabled until further investigation is done. The Board spoke about the grants that are available and asked how long would a study regarding seawalls take? Mr. Dacquisto said that it is a broad scope and what they are looking at, with a the study in the background, there is a question as to if the Board should proceed with this item. The Board asked questions.

        Public comment by Mr. Fabian Aguilar of 9935 NE 13th Avenue.

        Mr. Aguilar mentioned that the issue is the time it takes to get the permits which takes so long. After the storm there was significant erosion at the different areas affected. Because the permitting process takes so long the neighbors were not able to get the repairs done to their seawalls. Mr. Aguilar was concerned about this.

        The Board commented regarding the permitting time frame for seawalls. Staff said that anything can be done as long as DERM permits it. Emergency repairs would have to go through the permitting process. Mr. Dacquisto said that as long as they are okay with DERM the Village is processing them. Miami Shores does not have any special review going on at this time.

        There was more discussion about metal anchors in seawalls by the Board. Staff said that we would have to limit it. Ms. Hegedus asked why we are tabeling the matter. Discussion took place regarding further studies about seawalls being done by consultants.

        Motion to table until such time as the report is submitted by Mr. John Busta, seconded by Mr. David Snow and the vote passed 3-1 with Ms. Irene Hegedus voting against the Motion.

  1. MINUTES

    1. September 28, 2017

      Motion to approve minutes by Ms. Irene Hegedus, seconded by Mr. Busta and the vote passed 4-0.

  2. TABLED ITEMS

    1. PZ-8-17-201737: 185 NE 100th Street, (Owner) Daniel Ricardo and Fernandez Soto, (Applicant) Same, (Agent) Joshua Shemtov; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. One story addition and extensive remodeling.

      Motion to lift from table by Mr. John Busta, seconded by Mr. David Snow and the vote passed 4-0.

      Motion to approve subject to Staff’s recommendations by Mr. David Snow, seconded by Ms. Irene Hegedus and the vote passed 4-0.

  3. NEW ITEMS

    1. PZ-10-12-201750: 71 NE 97th Street, (Owner/applicant) Myron Novak, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required for a rear addition.

      Motion to approve subject to Staff’s recommendations by Mr. John Busta, seconded by Mr. David Snow and the vote passed 4-0.

    2. PZ-10-12-201751: 672 NE 98th Street, (Owner) Carol Invest USA (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Plat approval for the subdivision of a lot.

      Mr. Travis Kendall provided a brief presentation with the conclusion that the split lot is not consistent with the surrounding areas. Staff recommendation is for denial.

      Chandler Finley, Esquire of Finley & Bologna Int’l, 100 SE 2nd Street, #3800, Miami, FL 33131 was present and wished to ask questions to Staff.

      Mr. Travis Kendall explained that he based his recommendation for denial upon extensive review of the surrounding areas.

      The Board asked questions and made comments about the remainder lots.

      Staff commented that the House would face the East.

      Discussion took place about the map provided by Staff. The Board asked questions.

      There is concern about the safety of the children in this area. There is no requirement to grant a subdivision of plat. The Board asked the Assistant Village Attorney Mr. Gonzalez whether the Board was required to grant approval of the subdivision of plat. The Assistant Village Attorney indicates No, there was no such requirement.

              1. Public comment by Mr. Michael Weston of 660 NE 98 Street – The property to the West of the lot in question. Has lived here since 1998. He asked who the owner would be? He has had an unpleasant experience regarding the construction at 672 NE 98th Street. He spoke about a dumpster at this site that has been used for dumping trash from other areas. This is a concern to him. He is neutral to the splitting of the lot. He believes that the splitting of the lot is not harmonious with the surrounding areas.

              2. Public comment by Mr. William Coke of 685 NE 97th Street – has lived there for 25 years. The property to the South. He has several concerns regarding this item and also about their only parking being in the back of his property. His ingress and egress is in the alleyway. His concern is with the construction and where they are going to put a driveway to get in and out of the property. There are children in this area and people that would be affected. What is that going to do to the childrens presence in this area. He is not in favor of subdividing the lot.

              3. Public comment by Mr. Manny Haddad of 9820 NE 5th Avenue Road – The property on the North side of Constitution Park. He supports Staff’s recommendation for denial of the subdivision of the lot. It sets a bad precedent. He believes this is a potential for macmansion which would not be in character with the existing architecture and quality of the neighborhood. It increases density and he does not think that the lot is big enough. He doesn’t think that a two story house would be consistent with the character of the neighborhood.

The Board asked questions dealing with site plan to Staff. If its faced to the East it would have to have a driveway is their concern. Staff responds that any review would have to come back to the Board for consideration.

Mr. Finley, Attorney for the Applicant, submitted additional information to support case. He proceeded to present to the Board addressing the concerns the Board has and in support of the subdivision of the lot that should be approved, according to the Attorney. He mentioned the map submitted by Staff. Mr. Finley agrees with the Board that their concern with public safety is valid. Vacant lots are not harmonious with the neighborhood and attracts nuisance, he states. He adds that Staff agrees that the lot meets all the requirements. Mr. Finley states that the denial is based on harmonious with the neighborhood and is not consistent. He points out that this property will be very harmonious in his opinion.

Chairman Fernandez notes that the items submitted by Mr. Finley –

The picture with the big tree –Exhibit A

The one with the car out front – Exhibit B

The one with numbering of various lots – Exhibit C

The one with the yellow highlight – Exhibit D

Mr. Finley concludes by stating that the issue is with the Staff recommendations for denial based on it being harmonious with the neighborhood which is inconsistent. He said that the owner is willing to work with the City if the City would want to put any conditions. He advocates for the owner to split the lot. He retracts his statement that said that the owners have a right to split the property. Chairman Fernandez clarifies that they have a right to apply.

There was discussion at this point regarding the densely landscaped property. Chairman Fernandez invited the public to approach the bench to take a look at the picture in question. The Board looked at all the Exhibits and addressed each one of them.

Mr. Finley addressed the concerns of public comments regarding the dumpster. The alleyway will remain the way it is now. He would agree to any conditions that the City would like to add.

Board discussion took place at this point with regards to the size of this lot. The Board asked questions and commented about the split of this lot. Ms. Hegedus and Mr. Snow expessed their reasons for their support of granting the splitting of the lot. Mr. Busta expressed concerns about the way the house faces and the safety issues with it.

Motion to support Staff’s recommendation for denial by Chairman Richard Fernandez, seconded by Mr. John Busta and the vote fails to carry 2-2 with Mr. David Snow and Ms. Irene Hegedus voting against the Motion.

Discussion by the Board took place about having another Motion. The Board concluded that another Motion was not appropriate.

Chairman Fernandez announced that he was not going to be back to Chair the P&Z Board Hearings anymore, it was a pleasure serving for so many years.

    1. PZ-10-12-201752: 9935 NE 13th Avenue, (Owner) Fabiano Aguilar & Mariana Livore (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required for a rear addition.

      Motion to approve subject to Staff’s recommendations by Ms. Irene Hegedus, seconded by Mr. David Snow and the vote passed 4-0.

      Now, Chairman Fernandez stroke the gable to end the meeting.

  1. DISCUSSION

  1. NEXT WORKSHOP –TBD.

      1. TBD.

  2. NEXT REGULAR BOARD HEARING –November 16, 2017.

  3. ADJOURNMENT

      1. Adjourn

        Pursuant to Chapter 286.0105, Florida Statutes, if person decides to appeal any matter considered at such meeting or hearing, he 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 based.

        Miami Shores Village complies with the provisions of the American with Disability Act. If you are a disabled person requiring any accommodations or assistance, including materials in accessible format, a sign language interpreter (5 days’ notice required), or information, please notify the Village Clerk’s office of such need at least 72 hours (3 days) in advance.