LimeBike Memorandum of Understanding

PLANNING BOARD MINUTES JULY 28, 2016

 

I) CALL TO ORDER

1) Roll Call

Mr. Carlos Diaz, Mr. John Busta, Mr. Sid Reese, Mr. Robert Abramitis, Chairman Richard Fernandez.

II) BOARD MEMBER DISCLOSURES

 

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 HEARING

1) Council request: Division 21. HOTELS, Sec. 543. Hotels. Review, consider and recommend whether or not to amend the code to allow bed and breakfast as a permitted use and if allowed the recommended code language.

Mr. Dacquisto gave a brief explanation of what the Village Council has asked the Board to consider allowing bed and breakfast in a residential area, the Board has the options to pursue it or to ask Staff to draw language. Mr. Dacquisto states that he had looked into other jurisdictions in Miami-Dade and found that they do not allow bed and breakfast in family zones. So basically Mr. Dacquisto could not find anywhere that they were permitted. They are permitted in multifamily districts but is not something that is very common in single family districts. Presently they are not allowed in Miami Shores it would take a zoning code amendment to allow bed and breakfast. Staff did draw a bed and breakfast notes for talking points for the Board. The Board asked for the stats from the Motel from the Police Department. Mr. Dacquisto states that he was not able to get the vacation rentals from the police department.

Public Hearing is now open.

Laurie Niece of 9510 Biscayne Blvd., a two story home. States that it would be an asset to have a bed and breakfast at her home. It would not interfere with traffic on Biscayne Blvd. To have one place where relatives could come and visit. They are very close to the Country Club. She wishes the Board would consider.

Salvatore Niece of 9510 Biscayne Blvd. Advocated for an overlay to enhance the area where this is permitted.

Public hearing is now closed.

Mr. Reese Motion to reopen the Public hearing, seconded by Mr. Abramitis and the vote was unanimous in favor of the Motion.

Mr. George Mallow of 370 NE 105 testified that the bed and breakfast are governed by the DBPR by the Hotels and Restaurants which is truly what they are. Because of that there is a zoning conflict there. Mr. Mallow expressed the grief that the vacation rentals have caused him and his family. He has had people trespassing his property. His daughter Audrie said: This is causing disruption to my home and I can’t have proper sleep and I think this is very important for a good education. Mr. Mallow voiced his concern about vacation rental and the need for some kind of regulation for these places. The Board asked what DBPR means and Mr. Mallow said it is the Division of Business and Professional Regulation is who regulates these places.

Discussion postponed to the end of the meeting.

V) MINUTES

1) June 23, 2016

Motion to Approve the minutes by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

VI) TABLED ITEMS

1) None

VII) NEW ITEMS

1) PZ-06-16-201651: 325 NE 104th Street, (Owner) Luis and Carrie Reynoso, (Applicant) Same, (Agent) Robert Lara; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 523.1 and Sec. 600. Site plan review and approval required. One story addition.

Motion to approve subject to Staff recommendations by Mr. Busta, seconded by Mr. Diaz. Mr. Abramitis proposes an Amendment that the Pavement in the driveway if it has not been permitted be brought into compliance as per our current code. Mr. Busta accepts the amendment, Mr. Diaz accepts the amendment and the vote was unanimous in favor of the Motion with the Amendment as stated.

2) WITHDRAWN - PZ-06-16-201652: 10533 NE 3rd Court, (Owner) Mauro and Patricia Leder, (Applicant) Same, (Agent) Steve Luria; 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.

This item has been withdrawn permanently.

3) PZ-06-16-201653: 9300 Biscayne Blvd, (Owner) Gabriel Cosentino, (Applicant) Same, (Agent) Abner Nunez; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 523.1 and Sec. 600. Site plan review and approval required. One story addition.

Motion to approve subject to Staff recommendations with the additional requirement that the Air conditioner be placed in a location that meets code requirements, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

4) PZ-06-16-201654: 1104 NE 98th Street, (Owner) Daniel Nava, (Applicant) Same, (Agent) Hani Flicki; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 523.1 and Sec. 600. Site plan review and approval required. New residence.

Motion by Mr. Abramitis to approve subject to Staff recommendations with the added requirement that all code provisions be met and another requirement that is if there are going to be any mounds or walls constructed as a result of the engineer’s drainage plan that it comes before this Board, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

5) PZ-06-16-201655: 395 NE 92nd Street, (Owner) Hugo Mijares, (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. Garage conversion.

Motion by Mr. Diaz to approve subject to Staff recommendations, seconded by Mr. Busta and the vote was unanimous in favor of the Motion.

6) PZ-06-16-201656: 424 NE 103rd Street, (Owner) Nara Unnash, (Applicant) Same, (Agent) Miguel Diaz-Perna; 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, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion.

7) PZ-7-16-201657: 1255 NE 99th Street, (Owner) Josh Wollowick, (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. Garage conversion.

The Board expressed concern about having more opening into the house, more windows. There is concern about non-functional garage doors. They don’t really match the residential area. New guest room can be made into an apartment. Why an exit into a side yard? Discussion took place about Ingress/Egress in the property. The Board is opposed to having an exit to the alleyway. The Board rather have a window in its place. The Board needs more detail and amend the plans.

Motion to table by Mr. Abramitis, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

VIII) DISCUSSION

1) Council request: Review, consider and recommend whether or not to amend the code to allow bed and breakfast as a permitted use and if allowed the recommended code language.

Mr. Diaz, we all understand that vacation rental is similar to Bed and Breakfast but also different. Mr. Diaz does not necessarily agree that all residential area be converted into a Bed and Breakfast but it is a different types of business from a vacation rental. Mr. Busta would like to ask his fellow Board Members, as far as a Bed and Breakfast goes, having not stayed in one before. He has seen advertisements and read articles about it but I guess my question is in a Bed and Breakfast do the owner’s a Bed and Breakfast live at the designated Bed and Breakfast? Mr. Abramitis said that it might be the intent of the law, but laws are broken every day on a regular basis. I don’t know that we want to incur the expense of building a bureaucracy to make sure that the law is followed in regard to Bed and Breakfast. Mr. Busta said that the gentleman that was speaking publicly about the vacation rentals which is a wide open thing that the owners aren’t there. Once again there is no guarantee that the owners are going to stay on the property if it is designated as a Bed and Breakfast. Mr. Busta thinks that a lot more information is needed. Mr. Abramitis, the biggest problem I see, and I think in an ideal world in the right location these things could be good but we are in a very urban area that is full of palm trees and nice neighborhoods. How do you regulate it to make sure that you don’t end up with truly undesirable tenants and to the point that even the owners would become victims of crimes but I personally would not want a stream of transients parading in and out of the house next door, particularly when I am trying to raise small children, that is the reality of the world we live in today, there is a reason why Mr. Dacquisto could find no other community at least in South Florida that allowed these things in single residential areas. If someone wants to open a motel or open a bed and breakfast they can go to areas that are zoned in communities that have different expectations. The problem is not any different operator or even the concept. How do you maintain it I mean at the Motel where we have a report on what goes on at that hotel, the laws apply to hotels, but how well can they be regulated? The way they regulate it is you send a squad car and they drag these people out of there and it is all after the fact. And just like that gentleman, I could probably make a good case for the community but yet we see given human nature how do they play out. You could plan on situations when only nice people come and they bring nice family activity and they go to bed at 8 of clock like everybody, they also watch TV until 10 PM and there is no way to tell them from everybody else but that is not reality. We only need one problem and we don’t have the means in our small community to develop a bureaucracy to proceed to police these things. Mr. Abramitis I am not in favor of this. Mr. Busta presents the issue of parking, where are these people going to park. Are they going to infringe on the neighbors and take their parking spots? Mr. Abramitis brings up the issue of additional traffic, there is a whole different mindset that is in play here. Chairman Fernandez expresses that he is very strongly opposed to this. This community has been founded upon a single family residential concept, we have done many things to try to maintain that character. The law now has been broadening because of what is the definition of a family. We’ve had circumstances where we have extended families in certain cases. Which puts overloads in septic tanks, the parking, the water supply, which even in one case overloaded the electric supply. I would remind you of the house where they came in with a plan and the plan was a multi-story building with a center courtyard and rooms around the outside and I think that Mr. Abramitis was the one that pointed to this as a motel. Chairman Fernandez continues and what was the motel purpose. What they were doing was renting by the room. The question was, are they renting by the hour as well? There were others. I have to applaud Mr. Abramitis because he has been the one pointing out these things as he did tonight about the additional entrance and creating basically rental properties. We try very hard to make it so that you have basically a family in a location which is what the original intend was and not turn it into a commercial enterprise. If you are renting by the room, it’s a commercial enterprise. Let’s also take a look at what the State says, how does the State license this? They license it through DBPR (Department of Business and Professional Regulation) which in fact carries over for hotels. If the State is treating it as a hotel, who are we to say that it is not. This type of an approach is not appropriate in our community. We’ve got various zoning classifications, we realize that if you say in this classification R district you are now going to have a permit for bed and breakfast, what are you going to do? Then are bed and breakfasts approved in all of the R. Let’s take a look at some of our bigger homes, we have Grand Concourse I can’t remember the name, the husband was an Attorney and the wife was a Nursing Professor at Barry. They had this monster home, probably over 4500 square feet, two stories three lots, their business went down. What happened, they were literally renting rooms to students at Barry, they had an 8-bedroom house full of Barry students and claimed they were being tutored at this house. They actually came and made that claim here. Think about it, if you ended up with a similar home set up for bed and breakfast, and you got 8 rooms, wow that is a lot of money. How are you going to manage who is coming in, who is going out and what are the neighbors going to stay with all the traffic that is going in and out. You can plan for the nicest thing and I am sure that your intention is to have a nice place, but the reality is. I remember the bars when I was a kid there were some of the nicest you could ever have, but by the time I got older those bars were decrepit, because what happens is that the clientele changes. I believe completely that those guys would take care of it, but what happens to the guy who buys it afterwards. What about the guy who comes subsequent to it? What is going to happen then? We have a hard enough time here at the Village and I had asked for this report, and I am still interested in the house next to Mr. Mallow and as to what is coming out of the police report. Chairman Fernandez shows the police report on the Motel to the Board and says: this is damming. These are the complaints only from the motel only through 2014. What we have is basically motel characteristics that would apply to these things. Then you get into these other parts: liquor license and all of that kind of things, do you really want to even go there. Trying to go ahead and generate a whole bureaucracy to deal with this and every house in the R districts that is what I say about special exceptions, we don’t have that in the village, some communities do, where they would say okay there is a special exception here and there is only so many that can be dealt with that way for instance, in one of our limiting factor dealing with Adult Living Facilities, you can’t barred them but you can zone them and we have it where there is 1,000 feet or 1500 feet separation for the ALFs it’s a separation that you have to have. We have enough to do to have to go around trying to regulate this. For all those reasons I am adamantly opposed to this. Chairman Fernandez says that he feels very sorry for Mr. Mallow’s situation. Mr. Mallow has a huge problem on his hands. It just has a way of changing and I would suggest the same thing would take place here. For all the reasons I think it’s a bad idea. Mr. Diaz says I am sure that the intent is to have something nice and very upscale but you are right with time this could completely evolve on us and the community is going to be very displeased with some situations where people could take advantage of what we have here and it would be really tough for us to regulate it, hence what we have here with the Motel and it is almost impossible to do anything at this point. Chairman Fernandez says it’s a long complicated story, but fundamentally we did not regulate vacation rentals at a time when we could have, the State came in and they usurped the local municipalities. They basically said okay you can have these vacation homes regulated by these hotel people. You can have these daily rental house. Why did I buy in the single family homes area? There is a backlash occurring in the state, a whole lot of people complaining, and I have to give credit to Hunt Davis he has been right out in front on this. He has been up to Tallahassee. He was doing everything he could to go ahead. Mr. Diaz says that the Council had proposed to change the vacation rental model and so that we can regulate it, we can fine them, they could lose their license. Chairman Fernandez says there lies the problem, if the horse is out of the barn, how are you going to get it back in. That is my real big concern. I will give you a fine example these folks open up a bed and breakfast and somebody else comes in and decides I am going mask in an ALF (Adult Living Facility) and what I am going to do is I am going to come in there and I am going to rent individual rooms to people who require additional services; either they are physically impaired, they are mentally impaired, they are drug impaired and suddenly that bed and breakfast is turning into a dormitory. Which you could very easily do and you can’t discriminate against those people, so how would you stop that kind of thing. The next thing that happens is you have people wandering into the streets. Wandering at night everything else happening. Mr. Diaz says that we do have Barry University in the community so it would be big business to rent the rooms, like you said to students this can cause all kinds of issues too. I won’t support it. Mr. Abramitis, I do not support it and I think we should make those views known to Council for whatever its worth. I think it is our obligation to give them our advice. Mr. Reese, I wanted to live in a one family dwelling and continue to want to live in a one family dwelling. I have a big house its more than I need but I wanted to live in a one family dwelling, I am not for changing it at all. Mr. Busta, I am not willing to amend the code, to change anything that doesn’t exists now. I think there are some people that would probably do a good job with it but the majority overall I just don’t see it working, I have a lot of single family homes in my area that get rented out and I could tell you the problems that happen to people when they just rent the house to people. They don’t take care of them, undesirables come in. You get the ones from Barry that are rentals. Using an adult to secure the rental and then next month here comes the student. Parties at night and traffic. I have been here 31 years and when you are used to having peace and quiet you like to retain that. I am not in favor of it, sorry.

Chairman Ferandez suggests to table the matter, requesting a report from Staff. Mr. Busta, it is my understanding that the state regulates vacation rentals which means that there is no local control and that is just totally out of your hands at that point. Discussion took place about the various laws that apply but you can’t regulate the activity and the people who rent homes which do not have occupational license. Mr. Reese said he is strongly against this. The confers regarding what they will recommend to Council.

The Board asked Mr. Dacquisto if he could have a draft for the Board to look at before the next meeting.

Motion to Table to September 15, 2015 by Mr. Abramitis, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion.

Mr. Dacquisto spoke briefly about the annexed area and mentioned that this would be something to consider at a workshop.

2) Consider amending, Sec. 516 (5) Utility sheds to remove required 15 ft. setback between residence and accessory structures of 120 sq. ft. or less.

Mr. Dacquisto spoke about the 15 ft, setback between residence and accessory structures. Chairman Fernandez requested to put this on our next regular meeting on September 15, 2016. Mr. Abramitis asked if the traffic study would be done before the annexed meeting on September 15, 2016. Mr. Dacquisto responds that it would not be done before then.

IX) NEXT WORKSHOP – TBA

a) TBD

X) NEXT REGULAR BOARD HEARING – September 15, 2016.

XI) ADJOURNMENT

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.