LimeBike Memorandum of Understanding

PLANNING BOARD MINUTES SEPTEMBER 15, 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

Mr. Abramitis visited visited 1255 NE 99 Street, and 9526 NE 2nd Avenue.

Mr. Diaz visited all the new items on the agenda.

Chairman Fernandez visited 9526 NE 2nd Avenue.

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) Continued: 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.

Public Hearing is now open. No one was present from the public. Public Hearing is now closed.

 

The Board discussed the issue. Mr. Abramitis Motion to report to Council that the Board makes a Motion not to allow Bed and Breakfast in Miami Shores and the minutes from July 28, 2016 be attached as corrected as the Board’s report. Seconded by Mr. Busta. The vote was unanimous in favor of the Motion.

V) MINUTES

1) July 28, 2016

Motion to approve with the provision that Chairman Fernandez will make some corrections with the Clerk. Motion by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

VI) TABLED ITEMS

1) 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.

Mr. Dacquisto described the issue from the previous meeting that the board did not believe the proposed fake door design was compatible with the architecture of the residence.

Public comment by Mr. Allen Rubin asked, is it going to be double doors? The Applicant answers is a single door.

Motion to approve the new fake garage door design subject to Staff recommendations by Mr. Diaz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

RECONSIDER ITEM:

1) 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.

New sidewalks in front of new residences build on streets with no other sidewalks was a concern. Mr. Fernandez Moved to reconsider, seconded by Mr. Busta, and the vote was unanimous in favor of the Motion.

Board member’s discussion took place about the issue of the installation of the new sidewalk and ways to go about paying for it. The Board asked questions and made comments.

Mr. Reese Motion to waive the requirement for building a sidewalk. Seconded by Mr. Abramitis. The Motion passed 3 to 2 with Mr. Diaz and Mr. Busta voting against it.

VII) NEW ITEMS

1) PZ-08-16-201658: 9935 NE 13th Ave, (Owner) Fabiano Aguilar, (Applicant) Same, (Agent) Same; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 534 and Sec. 600. Site plan review and approval required. Waterfront development. Boatlift.

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

2) PZ-08-16-201659: 537 NE 96th St, (Owner) Seth Long, (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. Addition to detached cabana.

Motion to Table until the end of the meeting by Mr. Reese, seconded by Mr. Abramitis and the vote was unanimous in favor of the Motion.

At the end of the meeting Mr. Campbell was not in attendance matter has been tabled to next Meeting.

3) PZ-08-16-201660: 9929 NE 4th Ave Rd, (Owner) Marvin List, (Applicant) Same, (Agent) Mark Campbell; 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 Table until the end of the meeting by Mr. Reese, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion.

At the end of the meeting Mr. Campbell was not in attendance. The owner was present but did not wish to represent herself. Matter has been tabled to next meeting.

4) PZ-08-16-201661: 77 NE 100th St, (Owner) Tracy Franklin, Pol Zazadze, (Applicant) Same, (Agent) Mark Campbell; 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 Table until the end of the meeting by Mr. Busta, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

At the end of the meeting Mr. Campbell was not in attendance matter has been tabled to next meeting.

5) PZ-08-16-201662: 157 NW 103 St, (Owner) Cassa Group LLC, (Applicant) Carolina Mizraji, (Agent) Alejandro Caruso; 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. Diaz, seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

6) PZ-08-16-201663: 9526 NE 2nd Ave, (Owner) Todd Leoni, (Applicant) Regina Vlasek, (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. Change of use, office mixed use retail sales, to retail sale of dog supplies and dog treats, pet education and grooming facility.

Mr. Dacquisto read into the record the conditions attached. Mr. Sarafan brought to light that Leo Cava, LLC is in the warranty deed submitted in the application. He would like to see the paperwork from Leo Cava signed and submitted to Staff.

Public comment from Wendy Heffrin testified that she likes the business and loves that this is available.

Mayor Alice Burch would like to suggest that the Board add an item 6 to the list of 5 things and require a fence.

Public comment is now closed.

The Chairman acknowledged that we did receive a number of writings in favor of the Application. These will be submitted to Staff.

Motion to approve subject to adding to the conditions that a fencing for safety reasons be constructed. With the added Amendment that Leo Cava submit proof of ownership to Staff. Seconded by Mr. Diaz and the vote passed 4-1 with Chairman Fernandez voting against it. Chairman Fernandez stated the reasons why he was voting against the Motion.

7) PZ-8-16-201664: 889 NE 97th St, (Owner) Dorado & Catherine Ribetti, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600, Sec. Sec. 702 Hardship variance. Sec. 400. Schedule of Regulations. Yard setbacks. Pool deck and pool water’s edge within the required side yard setback.

Variance request. Corner lot property.

Motion to approve subject to conditions attached that the Applicant be granted a variance by Mr. Diaz. Motion denied for lack of second. Application fails for lack of Motion.

8) PZ-8-16-201665: 910 NE 99th St, (Owner) Hans Krause, (Applicant) Same, (Agent) Ilija Mosscrop; 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 one substitution Paragraph 8 refers to the installation of maintenance and drainage structure, substitute it with the language we can find in Paragraph 6 of PZ 08 1620161 which reads as follows: The site shall not drain out to neighboring properties or any rights of way the plot shall provide storm drainage that detains the first one inch in natural filtered structural facilities. The Applicant is responsible for any site modifications that become necessary to maintain storm and drainage on site that deters the first one inch in natural filtered structural facilities. The Building Official may require architectural engineered drainage plan and report to certify to the Building Official the site will provide storm drainage that will detain the first one inch in natural structural facilities prior to the drainage work commencing on site. The installation of structures on site to control drainage shall require Planning and Zoning Board review and approval. Modifications to the drainage plan approved by the Building Official shall require a signed Architect engineered drainage plan that shall be subject to review and approval of the Building Official and the Planning Director. Changes to drainage structure approved by the Planning and Zoning Board shall require a new site plan review application and review and approval by the Planning and Zoning Board. Applicant to obtain all required Building permits before beginning work. Also an additional requirement of two shade trees to the satisfaction of the Building Official. Seconded by Mr. Diaz and the vote was unanimous in favor of the Motion.

9) PZ-8-16-201666: 9402 NW 2nd Pl, (Owner) Dwight Mobley, (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.

Motion to approve subject to Staff recommendations by Mr. Busta. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

10) PZ-8-16-201667: 9723 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 and Sec. 600. Site plan review and approval required. Change of use, beautician / retail to office mixed use to Medical office, chiropractic.

Motion to approve subject to Staff recommendations by Mr. Abramatis. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

11) PZ-08-16-201668: 9830 NE 2nd Ave, (Owner) Miami Shores Center LLC, (Applicant) Elaiza Irizarry, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Signs.

Motion to approve subject to Staff recommendations by Mr. Diaz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

12) PZ-08-16-201669: 347 NE 98th St, (Owner) Arthur Baker, (Applicant) Same, (Agent) Harry Sanchez; 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. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

13) PZ-08-16-201670: 1192 NE 91st Terr, (Owner) Nicholas Paton, (Applicant) Same, (Agent) Martha Arango; 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. Diaz. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion.

VIII) DISCUSSION

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

2) Council Request: Consider amending, Appendix A, Zoning to include new or modified zoning district(s) and zoning map amendment to replace the Miami-Dade zoning designations of RU1 and RU2 for the annexed land in the north-west corner of the village.

3) Future Comprehensive Plan amendments: Comprehensive Plan 7 Year Update, including possible changes resulting from RMA Downtown Study.

4) Possible Future Zoning Amendments: RMA Downtown Study and Zoning Code rewrite for downtown.

Mr. Dacquisto gave a quick overview of items 1, 2, 3, and 4 for the Board to consider. Mr. Dacquisto recommends setting up a workshop to address these issues.

The Board discussed setting up a workshop to discuss the Utility sheds and maybe one more item. The Chairman suggests having the workshop at the end of the October meeting.

IX) NEXT WORKSHOP – TBA

a) TBD

X) NEXT REGULAR BOARD HEARING – October 13, 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.