LimeBike Memorandum of Understanding

PLANNING BOARD MINUTES MAY 25, 2017

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 Carlos Diaz.

Absent: Chairman Richard Fernandez

II) BOARD MEMBER DISCLOSURES

No Board Members Disclosures today.

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

1) Staff request: Planning board to hold hearing to amend the code deleting planning and building review of swale projects and provide for review by the public works department, Chapter 20 and Appendix A Zoning Sec. 521.

Mr. Dacquisto went over his proposal to change our Code language and that the public works department to be authorized to work on the swale. Mr. Sarafan asked if the amendment as being proposed will delete the standards. Mr. Dacquisto answers the question. Mr. Sarafan asked that Mr. Dacquisto change some language in Paragraph 9 of the amendment. Discussion by the Board took place about the covenant being proposed. The Board asked questions of Mr. Dacquisto about the proposed changes. Mr. Dacquisto answers that the public works department has to have the authority to act on the swales. It is not appropriate to have this kind of language in the zoning code. The Board asked for Public works to have an input. Chairman Diaz asked to have some standards in place. There was discussion about what public works does when they go into a site. Mr. Dacquisto said that this amendment gives them the ability to use their judgement. The Board asked if public works is available for questions. The Board agrees with Mr. Dacquisto’s recommendations. Mr. Sarafan clarifies that Staff is looking for a vote to recommend to Village Council to make this change in the Code. Does public works go before or after zoning? Mr. Dacquisto gave a brief analogy of how things go when an application comes in. It always comes down to the Building permits and the Public Works approval. The Board asked questions.

Public Hearing is now open.

No public present for this item.

Public Hearing closed.

Motion to table this item to the next workshop and have the Public Works Director present on June 14, 2017. Seconded by Mr. Snow and the vote was unanimous in favor of the Motion.

V) MINUTES

1) April 27, 2017

Motion to approve Minutes of April 27, 2017 as amended by Mr. Busta. Seconded by Mr. Snow and the Motion passed 4-0.

VI) TABLED ITEMS

1) 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.

Item Tabled until July 27, 2017 Hearing per Village Staff.

VII) NEW ITEMS

1) PZ-4-17-201715: 346 NE 93rd Street, (Owner) Yoko Takarada, (Applicant) Same, (Agent) Mark Campbell; 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. Garage conversion.

Motion to approve subject to Staff recommendations by Mr. Snow. Seconded by Ms. Hegedus and the Motion passed 4-0.

2) PZ-4-17-201716: 1276 NE 93rd Street, (Owner) Seymour and Jill Kantor, (Applicant) Same, (Agent) Victor Bruce; 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. New residence. Metal roof.

Public Comment:

Mr. RV Land of 1268 NE 98 Street. He stated that he is the neighbor on the West side of the Applicant’s property. Mr. Land expressed concern about the land getting saturated with water. Most of the houses there are on pilings. He is wondering if the Applicant is going to put pilings in.

Chairman Diaz said that this is not part of the P&Z approval process. Mr. Dacquisto points out that the Architect is better suited to answer his question.

Mr. Land said that it’s about putting pilings in for stability. Are they going to increase the altitude by adding dirt to make it higher? He expressed concern about the propane tank and it being an object that will be flying around if a hurricane came. This area is prone to flooding even without a hurricane.

Mr. Bruce addressed the issue of the piling. Mr. Land asked to see the plans.

Mr. Bruce explains the grading of the project. Regarding the gas tank it will be strapped safely.

Motion to approve subject to Staff recommendations adding the condition that the A/C units be screened with a gate if possible for serviceability and also that landscape be added to the East and the West side of the property to try to diminish the impact of those blank walls on the adjacent property owners made by Ms. Hegedus. Seconded by Mr. Snow and the Motion passed 4-0.

3) PZ-4-17-201717: 10555 NE 6th Avenue, (Owner) Vivian Medina, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 523.1 (6) e and Sec. 600. Site plan review and approval required. Metal roof.

Motion to approve subject to Staff recommendations by Ms. Hegedus. Seconded by Mr. Busta and the Motion passed 4-0.

4) PZ-4-17-201718: 10555 NE 2nd Court, (Owner) Jorge L Rios, (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 Mr. Busta and the Motion passed 4-0.

5) PZ-4-17-201719: 1053 NE 94th Street, (Owner) 1053 NE 94th Street, (Applicant) Same, (Agent) Max Sturman; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Garage conversion.

Motion to approve subject to Staff recommendations by Mr. Busta. Seconded by Mr. Snow and the Motion passed 4-0.

6) PZ-4-17-201720: 861 NE 91st Terrace, (Owner) Hugo Olle and Maria Del Mar Lopez, (Applicant) Same, (Agent) R-Method Inc.; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. New Residence.

Motion to approve subject to Staff recommendations with the additional condition to enclose the crawling space from the edge of the structure and to reconsider the placement of the relocated trees made by Ms. Hegedus. Seconded by Mr. Diaz and the Motion passed 4-0.

7) PZ-4-17-201721: 940 NE 95th Street, (Owner) Kirk Wagar and Crystal Connor Wagar, (Applicant) Same, (Agent) Maricarmen Martinez; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Two-story addition.

Motion to approve subject to Staff recommendations made by Ms. Hegedus. Seconded by Mr. Busta and the Motion passed 4-0.

8) PZ-4-17-201722: 420 NE 91st Street, (Owner) Property Hounds LLC, (Applicant) Same, (Agent) Stephen Brandt; 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.

Public comment:

Mr. Brian Finnie. 9025 NE 91 Avenue. Neighbor to the West side corner lot. He asked to see the plans for the application. Asked about the one story addition, he wants clarification as to whether it is a second story addition. Mr. Dacquisto responded no it is not a second story addition. Mr. Finnie asked for the conditions by Staff so that he could read them. The Memo was given to him. Mr. Sarafan noticed that the Application did not have a Survey submitted. Mr. Finnie is concerned about privacy. He would like an opportunity to discuss the plans with the Applicant. If the privacy issue is resolved tonight with a fence he would not be upset. The condition of the existing fence is discussed by the Applicant and the Board.

Motion to approve subject to Staff recommendations by Mr. Snow with a condition that a 6’ high privacy fence be done on the Southwest corner up to the end of the garage and a condition added by Mr. Busta to remove the door on the east side of the cabana bath Motion amended by Mr. Snow to include Mr. Busta’s condition. Seconded by Mr. Busta and the Motion passed 4-0.

9) PZ-4-17-201723: 9727 NE 2nd Ave, (Owner) Gator 9723 NE 2nd Ave LLC, (Applicant) Todd Singer, DCPA, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f). Site plan review and approval required. Signs.

Motion to approve subject to Staff recommendation by Mr. Snow. Seconded by Mr. Busta and the Motion passed 4-0.

VIII) DISCUSSION

The Board discussed PZ-4-17-201722 - 420 NE 91 Street regarding what Mr. Busta brought up about the access door by the cabana.

1) Schedule one workshop per month in addition to regular meeting.

Mr. Dacquisto would like to have a Workshop the second Thursday of the month for the next four of five months. The Board agrees to have a Workshop the second Thursday of the month. No meeting in August. Start back up in September.

2) Future amendments.

The Board will talk about this item at our next meeting in June 22, 2017.

3) Comprehensive Plan Update

Will be discussed at a future Workshop in July. Mr. Dacquisto will put it up in the web as a link.

4) Planning board procedures and requirements.

Will be discussed at the Workshop in June.

Mr. Sarafan said that as the Board knows this is a public meeting. All of the discussions about the meeting have to be done in public with a record taken. There should not be any whispering in discussion. If the Board wants to discuss anything get recognized by the Chair and discuss it out loud with a record taken. If there is whispering is could be misperceived as out of the Sunshine. Don’t give the appearance that we are having private discussion. Mr. Sarafan said that every Board does that. It is something that you want to discuss among each other. Get recognized by the Chair and discuss it in public. Another issue is that from time to time you might be tempted to get on your cell phones and look up aerial pictures of the property and that is technically consulting evidence that is not before you in the record. It is little different than a site plan however, we disclose those. If you do this even before the meeting that is something you want to disclose. The Board discussed this issue at this time. Discretion is a part of balance. Mr. Sarafan went over what is permissible and what needs to be disclosed when doing research online.

IX) NEXT WORKSHOP –TBA.

a) TBD.

X) NEXT REGULAR BOARD HEARING –June 22, 2017.

XI) ADJOURNMENT

a) Adjourn.