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Planning Board Minutes - November 14, 2013

Planning Board Minutes - November 14, 2013 | Planning and Zoning -Meeting Minutes

 

NOVEMBER 14, 2013

THURSDAY, 7:00 P.M.

 

 

  1. ROLL CALL

John Busta, Sid Reese, Robert Abramitis, Chairman Richard Fernandez.

 

Absent: Steve Zelkowitz

 

In Attendance:

Richard Sarafan; Attorney

David Dacquisto; Planning and Zoning Director

Karen Banda; Clerk

 

 

  1. BOARD MEMBER DISCLOSURES

 

  1. ACTION ITEMS: PUBLIC HEARING-

 

Chairman open for discussion

Motion: Table public hearing item to end of meeting.

Moved by John Busta, seconded by Robert Abramitis.

Motion approved unanimously.

 

  1. Comprehensive Plan Amendment.
  2. Recommendation to Village Council on amendments to the Education Element and the Capital Improvement Element.

 

 

Motion: Lift Comprehensive Plan Amendment from table.

Moved by Robert Abramits, seconded by John Busta

      Motion approved unanimously.

 

 

David Dacquisto gave summary of Comprehensive plan Amendment. Annually the village must amend the comprehensive plan to take into account the school facility five year plan and the Village’s Capital Improvement plan. The proposal is to amend the comprehensive plan so that the schools element five year district facility’s work plan is automatically adopted every year. Changes were made to the delete all school maps and to add the new required school maps. The old Capital Improvement plan has also been deleted from the comprehensive plan and only proposes adopting the Capital Improvements over $25,000.00. A Recommendation of approval is requested to report to village council.

 

Public Hearing Open.

 

Eddie Lewis, 9490 NW 1st Avenue made public comment commending P&Z board for an excellent meeting and service. Requested information regarding temporary banners on businesses located on 2nd avenue. Mr. Lewis did not address Comprehensive Plan amendment.

 

Attorney Richard Sarafan directed Mr. Lewis to speak to Planning and Zoning Director outside of hearing or Code Enforcement department after meeting.

 

Public Comment Closed.

 

Board members asked about 5 year school plan. Staff mentioned that originally the state mandated that all the jurisdictions enter into a local agreement with the school board and as part of that agreement one of the requirements is that annually the village adopts the school’s facilities five year work plan. The state dropped the requirement to maintain a school’s element however any municipality with an interlocal agreement must continue to adopt the school’s plan.

The plan is about new of schools and facilities maintenance. 

 

Board members discuss and review amendments.

 

Mr. Abramitis, asks questions regarding capital improvement element. Attorney Richard Sarafan advises that Planning and Zoning does not have budgetary authority. Capital Improvement plan has been approved by council and Planning and Zoning board recommendation of approval is to put it in the Comprehensive Plan. Chairman states that board makes the recommendation to approve the Comprehensive Plan because changes can initiate from Planning and Zoning board.

 

Mr. Busta asked attorney if board had been consistent with approving plan in the past. Attorney stated in the past the only difference was that the board approved the entire Capital Improvement plan and now the only part to be approved would be any improvements made over a certain dollar threshold.

 

Motion: Approve report that staff put together as recommendation to Village Council.

 

Moved by Sid Reese, seconded by John Busta.

Motion approved unanimously.  

 

     

  1. MINUTES

 

  1. October 10, 2013

 

Motion: Approve minutes.

Action: Accept, Moved by Abramitis, Reese.

Minutes approved unanimously.

 

 

  1. SCHEDULED ITEMS

 

  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.”

 

 

 

 

  1. TABLED ITEMS

 

  1. PZ-8-13-201346: 1285 NE 95th Street, (Owner) Robert Frehling, (Applicant) Same, (Agent) Kevin McMorris; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, 500 and Sec. 600, Schedule or Regulations, Site plan review and approval required. New residence. Sec. 523.1 (f) (5). Metal roof.

 

Motion: Lift tabled item from table.

Moved by RobertAbramitis, seconded by John Busta.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Agent Juan Carlos was present on behalf of owner and displayed new plans. The plans showed a new standard hip metal roof. 

 

Chairman addresses board and requests that because of lengthy agenda staff’s standard requirements that have already been published not be read. Board members all agree to request.

 

Mr. Abramitis, asked staff questions about privacy wall shown in plan and code requirements. Staff mentioned code does not specifically address privacy walls but addresses fences and height requirement. Mr. Abramitis asked about location of wall. Staff stated it will be built well into property. Mr. Abramitis asks what mound would look like. Staff stated a geo technical study would have to be conducted because state requires drain field must be 2 ft. above the ground water and on top of that goes the drain field and on top of that you must have a foot of fill to cap off. Depending on water table in that location is what will measure how high the mound will be.   Mr. Abramitis asked about landscaping plan look when finalized. Chairman asks about roof elevations. From eave to crown measurement is 6 ft. Roof is symmetrical.    

 

 

Agent Juan Carlos, addresses changes from previous proposal.

Mathew Lewis, landscape architect explains landscaping plan and shows design. 85% of plants will be native, Florida garden style.

 

Staff makes note to applicant that anything planted in the swale city property will have to be approved by the Public Works director.

 

Mr. Abramitis asked if carport was covered and architect mentioned it is an open air carport. Parking lot from property line is 12 ft. plus or minus depending on where you park car.

 

Mr. Busta asked about height wall, and architect mentioned it is an 8 ft. wall and then drops to 5 ft.

 

 

Public Comment Open

 

Carol Field owner of property 1235 NE 95th asked for clarification of location of proposed wall.

Architect explains where wall will be placed and it is only because they are being consistent with wall extending from cabana.

 

Lucy Walker owner of property 1273 NE 95 St stated after last meeting she and her neighbors met with the Frehling’s and had a pleasant meeting and are very happy to see a significant change in the roof design. She is worried that because a lot of the discussion was mostly about the roof that the wall surrounding the property was not addressed.

 

 Architect mentions that wall will not be going around property and will only be on west side, 35 ft away from property line.

 

Beth Wald owner of property 938 NE 96th St. spoke in support of the Frehling’s as a family. She considers them an asset to the community.

 

Alan Sylvan 1215 NE 95th St. asked if landscape was going to be addressed today. After looking at design he does not believe the swale’s landscaping is in uniformity with community.

 

Staff reiterates previous statement about landscaping in swale would have to be approved first by Public Works director.

 

Robert Frehling stated the house design was aligned with all the houses in the neighborhood and do not intend to plant in the swale, do not want to interrupt the feel of the street. Mrs. Frehling stated the roof will be dove gray.

 

Guillermo Feliz owner of property 1200 NE 96 St. stated he connects with design and personally knows the Frehling’s and would love for them to be his neighbors.

 

Brett Harris owner 1173 NE 103 St. has also known the Frehling’s for many years and believes that the family could have picked any city to build their home and chose Miami Shores, because it is a hidden gem. Supports plan and approves project.

 

Public Hearing Closed

 

 

Chairman asks board to give input on dividing approval of roofs and site plan into separate parts. Board agrees to split.

 

Motion: Approve metal roof with the color being Dove Gray.

Moved by John Busta, seconded by Sid Reese.

Motion approved unanimously.

 

Board discusses 3.5 ft. wall that will possibly surround property if needed.  Discussion based on possible look of wall, height and material.

 

Motion: Approve subject to staff recommendations. Motion does not included approval of the masonry 3.5 ft wall in front yard and no approval of landscaping in the swale.

 

Moved by Robert Abramitis, seconded by Sid Reese.

Motion approved unanimously.

 

                 

Motion: Lift tabled item from table.

Moved by John Busta, seconded by Sid Reese.

Motion approved unanimously.

  1. PZ-9-13-201352: 9705 NE 2nd Avenue, (Owner) Cochran Miami Shores LLC, (Applicant) Pandwe Gibson, (Agent) Shelby Smith; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400, Sec. 504 Signs and Sec. 600. Site plan review and approval required. Wall sign.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Ray Pollack was present on behalf of applicant. No questions made by board.

 

     Motion: Move to accept subject to staff recommendations.

            Moved by Sid Reese, seconded by John Busta.

            Motion approved unanimously.

 

  1. NEW ITEMS

 

  1. PZ-10-13-201355: 1550 NE 104th Street, (Owner) Steve Cagnazzi, (Applicant) Same, (Agent) Mark Campbell; Pursuant to Articles IV, V and VI of Appendix A Zoning. Sec. 400 and Sec. 600. Site plan review and approval required. Addition.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mark Campbell was present as agent. Abramitis questions wall and water that may be trapped behind wall. Mr. Campbell mentions that code states that 1 inch of rain must retain on property for 1 hour. Wall will only be constructed if required to change the system to retain the water.

 

Mr. Abramitis questions approving mounds when the final look of what it will be is not shown. Board discusses potential workshop to explore and become more familiar with new system and possible options.

 

Motion: Approve subject to staff recommendations.

Moved by Robert Abramitis, seconded by Sid Reese.

Motion approved unanimously. 

 

  1. PZ-10-13-201356: 1160 NE 98th Street, (Owner) Frances Allegra, (Applicant) Same, (Agent) Robert Lara AIA; Pursuant to Articles IV, V and VI of Appendix A Zoning. Sec. 400 and Sec. 600. Site plan review and approval required. Addition, second story.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Chairman asked if it was a non-conforming structure. Staff stated it is non-conforming as to set back but when you look at plans there was an approved plan by the Village in 1948. Addition does comply with the code and the addition does not increase the extension of the non-conformity. Robert Lara architect makes presentation of what is being proposed.

 

Motion: Approve subject to staff recommendations.

Moved by John Busta, seconded by Sid Reese.

Vote: Motion passed (Summary: Yes = 3, No = 1, Abstain = 0).

Yes: John Busta, Sid Reese, Robert Abramitis.

No: Chairman Richard Fernandez.

Motion approved.

 

  1. PZ-10-13-201357: 443 NE 103rd Street, (Owner) Hilda Hodge, (Applicant) Same, (Agent) Ivorlee Iles; Pursuant to Articles IV, V and VI of Appendix A Zoning. Sec. 400, 523.1(6)e and Sec. 600. Site plan review and approval required. Metal roof.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Mr. Illes was present and request sandstone color for roof.

 

Motion:  Approve subject to staff recommendations. Approval is for sandstone color.

Moved by John Busta, seconded by Sid Reese.

Motion Approved unanimously.

 

 

  1. PZ-10-13-201358: 1275 NE 94th Street, (Owner) James and Janine Turk, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning. Sec. 400 and Sec. 600. Site plan review and approval required. New residence.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record.

 

Victor Bruce agent was present and comments on description of septic system and states it will be located in front of home. Mr. Abramitis asked about water retention and walls that might surround property. Staff mentioned that it is up to the architect to retain the 1st inch of water onsite and how it is designed depends on owner. Mr. Abramitis asked about look of mound around septic tank. Staff stated no one will really know until a G.O. technical study is done because depending on the water table in the area is the height that might be needed. Victor Bruce agent explained water table. Staff mentioned only shallow rooted plants would be allowed to be planted on top of system which generally  speaking only grass is allowed in order for system to breath. Mr. Abramitis asked if house would be raised. Agent mentioned it would be raised but it would be unnoticeable to public. 

 

Motion: Approve subject to staff recommendations.

Moved by Sid Reese, seconded by John Busta.

Motion approved unanimously.         

 

  1. PZ-10-13-201359: 162 NW 106th Street, (Owner) Claudio Cedrez & Elienay Martinez, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 and Sec. 600. Site plan review and approval required. Addition.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record.

 

Motion:  Approve subject to staff recommendations.

Moved by John Busta, seconded by Sid Reese.

Motion Approved unanimously.

 

 

 

  1. PZ-10-13-201360: 9230 NE 2nd Avenue, (Owner) Carlos & Ashley Diaz, (Applicant) Same, (Agent) Heisel Alvarez; Pursuant to Articles IV, V and VI of Appendix A Zoning. Sec. 400, Sec 518 (2) and Sec. 600, Site plan review and approval required. Fence in the front yard.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record.  Mr. Diaz was present and gave presentation and stated fence material will be ornamental aluminum fence and color is white.

 

Motion:  Approve subject to staff recommendations.

Moved by Robert Abramitis, seconded by Sid Reese.

Motion Approved unanimously.

 

  1. DISCUSSION ITEMS

 

  1. None.

 

  1. NEXT WORKSHOP – November 21, 2013.

 

  1. FAR, Green Space, Open Space and Village Height Limit.

 

  1. NEXT REGULAR HEARING – December 11, 2013.

 

  1. Regular agenda.

 

  1. 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.

 

Chairman requests that staff gather information such as article or presentation on septic system that has been promoted amongst planners as to what needs to be addressed.