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PLANNING BOARD MINUTES - MARCH 23, 2017

 

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

MARCH 23, 2017

THURSDAY, 7:00 P.M.

In attendance:

David Dacquisto, Planning and Zoning Director

Richard Sarafan, Village Attorney

Mariana Gracia, Clerk

 

I) CALL TO ORDER

1) Roll Call

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

Absent: Mr. Carlos Diaz

II) BOARD MEMBER DISCLOSURES

Chairman Fernandez disclosed that he visited 9179 N. Bayshore Drive and 1155 NE 104 Street visited the property and spoke with Mr. Guerra.

III) 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.”

IV) ACTION ITEMS: PUBLIC HEARINGS; CONTINUED

1) Council request: Planning board to hold a public hearing on an amendment to Chapter 20 Streets, Sidewalks and Other Public Places to create a resident only parking district adjacent the Miami Shores Downtown.

Chairman Fernandez gave a brief introduction as to where we are at regarding this item.

Public Hearing Now Open:

1. Jerry Lance of 246 NE 102 Street and has lived there since 1970. He testified that back when he purchased his property there was never an issue about buying parking permits. He considers this issue to be an invasion of his privacy. He said he already pays taxes and should not have to pay any more taxes. Mr. Lance said that he was not aware that we had become like some main street cities surrounding us and he mentioned some of them. He does not see a major difference between main street and us. Mr. Lance mentioned that he knows about one of the residents here that used to live in Miami Beach that left the Beach due to this problem. If we were to get a big restaurant and he mentioned the possible parking solutions he thought of. He is not in agreement in putting the burden on the residents. He asked if we are going to make some residents buy parking permits then make all of Miami Shores buy parking permits. Each establishment should have their own parking. We have a lot of parking in Miami Shores.

2. Al Crespo of 689 NE 92 Street. Mr. Crespo wanted to make the public aware of a report that was submitted to the Village Manager for re-development of the piece of property across the street. This report suggests the possibility of building up to 5 stories’ high. He said that this is where the 250-person restaurant would be at. He asked the Board if they were aware of this report. He confirms that there is such a report. He mentioned his blog.

3. Michelle Jamie of 230 NE 102 Street. She is in agreement with Mr. Lance. She does not like the idea of having to get a permit. She says that it is a burden on the residents.

Public Hearing Now Closed.

Mr. Snow recommend that action be taken on this item at this time. The Board had some discussion at this time.

Motion to recommend to Council denial of the proposed amendment to chapter 20 regarding the residential only parking district made by Mr. Snow. Chairman Fernandez seconded the Motion.

Board discussion took place at this time. The Board is in agreement that there should be a Workshop to discuss the issue further. The Board asked questions and more discussion took place. The Board suggested to put the burden on the business instead of the residents. Mr. Sarafan gave a point of clarification that this issue has been referred to the Board by the Council to generate a report recommendation. Once the Board generates a report or recommendation, regardless of what the Board says, Council is free to do what they deem proper. He understands the intend of the Motion to communicate that the Board does not think that a specific type of proposal to address an anticipated potential parking problem that does not yet exists need to be done right now. However, if all you do is say no we don’t think so. Then you are given it back to Council with no analysis, no data, no real report and leaving Council free to do whatever they like without the context.

Board discussion took place at this time about the parking study. The Board endorses having a workshop to discuss this further.

Mr. Dacquisto spoke about the way that the Motion should be made and also to include the Minutes.

Ms. Hegedus proposed a Motion for Council to consider recommendations made to the parking analysis with the exception of creating a residential parking district. She discussed the Motion with the Board.

There is discussion about how to make this recommendation. The Board is in consensus to have a workshop for further discussion.

Motion fails to carry 1-3 with Mr. Snow voting in favor.

To be discussed further on April 13, 2017 at 7:00 PM at scheduled workshop.

2) Council request: Planning board to hold a public hearing and provide recommendation on Downtown “Architectural Design Manual.”

a) Consider adoption of the Downtown “Architectural Design Manual” and Village Code of Ordinance amendments to apply the regulations.

The Board is in agreement to discuss at April 13, 2017 scheduled workshop.

3) Village Council request for Board to Hold a Public Hearing and Provide Recommendation on Amending Village Code of Ordinances: ARTICLE II Local Business Tax; Sec. 14-17. - Required; hours for retail sales.

a) Consider permitting 24-Hour gas stations.

Mr. Riley attorney for the Applicant of 24-hour gas station with office located at 333 SE 2 Avenue, Miami on behalf of the Miami Shores Service Station located at 8700 Biscayne Blvd. Mr. Riley gave asked if he need to restate the statements he gave at the last meeting. Mr. Riley spoke about his meeting with the Police Chief Lystad. Mr. Riley spoke about the substation of the Police Department. He gave a brief presentation about 24-hour gas station. He spoke at length about his conversation with the Police Chief Lystad. He assured that he would take direction from the Village Manager and the Chief of Police and would follow their recommendation.

The Board asked questions and made comments.

Mr. Riley proposed what the Board can do with includes conditional use permits.

Chairman Fernandez reported that he spoke with The Village Manager about this item. He spoke briefly about their conversation.

Mr. Dacquisto reports that the Chief’s main concern is the safety of his officers. He was not supportive of the change. This is an amendment to the Code. It has to do with hours of operation. If you change this Section of the Code, then you allow 24- hour station. We allow it or we don’t allow it. This section of the code does not allow you to attach conditions. He clarifies to the Board that what we are talking about today is a request from the Village Council on whether or not we should amend the Section 14-17 which is local business tax it is not the zoning code. If it should be amended to allow 24-hour gas station. Just a point of clarification.

Mr. Sarafan spoke about a provision in the zoning code Sec. 501(22) this talks about use that is not permitted, the sale of food and beverages after certain hours. Secondly, it should be the will of this Board to recommend to the Council a change of what needs to be changed to accommodate 24-hour, your recommendation can be, we recommend a change that allows 24-hour with conditional use. It is no different than what we have for open café. He went through the process that take place in these case. We could set up a regime that allows it subject to conditions.

The Board expressed concern due to this being a B2 district and the fact that there are other B2 district. Concern was expressed about the element that this would bring in.

Mr. Riley he is open to a limited scope proposal and would support any kind of conditions by the Board. He spoke about all the things that would be done to make it a secure site.

Public Hearing Now Open:

1. Jerry Lance of 246 NE 102 Street – spoke against 24-hour gas station. Questioned the fact that the gas station now in place does not have enough lighting, why not make it a lighted area now. He expressed support for the Police Chief. He is against a substation of the Police at the gas station. This would put the employees in harm’s way. He recommends that the Board heeds what the Police Chief says he deems this to be a wise decision. Please take real deep consideration for the Village of Miami Shores.

2. Robert Mengi of 1102 NE 105 Street. He is opposed to 24-hour gas station. He expressed concern about it due to the crime that this would bring to the Village. He questions why we need a 24-hour gas station. He does not believe that the residents of the Village would utilize a 24-hour gas station. There is no reason to change the ordinance. We can enforce what we have now. He mentioned the Shores Motel to illustrate his point.

Public Hearing Now Closed.

Discussion by the Board took place at this time. The Board mentioned all the areas that operate 24-hour gas stations. The Board expressed concern about what happens at these 24-hour gas stations that are in the surrounding areas of Miami Shores. The Board asked why would we want to bring this to the Village of Miami Shores. The Board went over the surrounding areas and their 24-hour gas station. The Board asked questions. Mr. Dacquisto gave brief explanation to the questions. The Board continued to discuss this proposal for 24-hour gas station.

Mr. Busta Motion to Deny permitting 24- hour gas station recommended to Village Council, seconded by Chairman Fernandez. Motion failed 2-2 with Mr. Snow and Ms. Hegedus voting against the Motion.

Motion to Table by Mr. Snow, Seconded by Ms. Hegedus. Motion passed 4-0

V) MINUTES

1) February 23, 2017

Motion to approve with additions and corrections by Mr. Snow, seconded by Ms. Hegedus. Motion carries 4-0

VI) TABLED ITEMS

1) None

VII) NEW ITEMS

1) PZ-2-17-20174: 9179 N Bayshore Drive, (Owner) Frederic Puren, Applicant) Same, (Agent) Tom Robertson; Sec. 701 Appeal on allegation of error, determine land area requirement for residence on septic system.

Motion to approve the appeal with a recommendation for Staff to review the Comprehensive Plan language in regards to the lot area of 15,000 square feet for the installation of a septic system by Ms. Hegedus, seconded by Mr. Snow. Motion carries 3-1 with Mr. Busta voting against it.

2) PZ-2-17-20175: 1155 NE 104th Street, (Owner) Luis and Maria Guerra, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 702 Hardship variance. Sec. 400 Schedule of Regulations; Side yard setback and rear yard setback: Division 15. Waterfront Lands, Sec. 534. Development. (1) and (4); Sec. 600.

Chairman Fernandez disclosed that he did examine this property.

Motion to Table by Mr. Snow, seconded by Mr. Busta. Motion carries 4-0.

3) PZ-2-17-20176: 398 NE 100th Street, (Owner) Paul and Mildred Majoros, (Applicant) Same, (Agent) Same; 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 and two-story addition. Garage conversion.

Motion to approve subject to Staff recommendations by Mr. Hegedus, seconded by Mr. Snow. Motion carries 4-0.

4) PZ-2-17-20177: 8880 Biscayne Blvd, (Owner) Tropical Chevrolet Inc., (Applicant) Same, (Agent) Howard Nudell; 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. Addition and upper level parking deck. Parking lot redesign. Building signage.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Snow. Motion carries 4-0.

5) PZ-2-17-20178: 104 NW 102nd Street, (Owner) Alfredo Patino, (Applicant) Same, (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. One-story addition.

Motion to approve subject to Staff recommendations by Mr. Snow, seconded by Ms. Hegedus. Motion carries 4-0.

6) PZ-2-17-201710: 97th St. Parking Lot, (Owner) Miami Shores Village; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Approval of waiver of plat, plot split.

Mr. Busta disclosed that he had visited the site and gave his observations.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Snow. Motion carries 4-0.

VIII) DISCUSSION

1) Future amendments.

Mr. Dacquisto said he could add the valet parking to the workshop.

The Board agreed to discuss this item at the April 13, 2017 Workshop.

2) Comprehensive Plan Update

Mr. Dacquisto said that he did this in house and made all the changes required by law. It is available online on our website.

He said that he will put together a disk for the Board to review.

Mr. Sarafan asked a question. Mr. Dacquisto said that he was pretty open to suggestions.

Ms. Hegedus asked if they could have a map of the area affected for the workshop? Mr. Dacquisto said yes they can have a map of the area affected. Mr. Dacquisto added that he can do the downtown area affected.

3) Planning board procedures and requirements.

The Board agreed to discuss this item at our next regular meeting.

IX) NEXT WORKSHOP –April 13, 2017.

a) April 13, 2017.

X) NEXT REGULAR BOARD HEARING – April 27, 2017.

XI) ADJOURNMENT

a) 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.

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