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Planning Board Minutes - September 20 2012 Thursday, 7:00 P.M.

MIAMI SHORES VILLAGE PLANNING BOARD MEETING

 

Village Hall Council Chambers

10050 NE 2nd Avenue, Miami Shores

 

September 20, 2012

Thursday, 7:00 P.M.

 

 

  1. I.ROLL CALL

Roll Call.

Present: Richard Fernandez, Chair, Sid Reese, Paul Madsen, Robert Abramitis, David Dacquisto, Director of Planning and Zoning (Not voting).

Absent/Excused: John Busta, Richard Sarafan, Village Attorney, Norm Bruhn, and Building Official.

 

 

  1. II.BOARD MEMBER DISCLOSURES

 

  1. III.ACTION ITEMS: PUBLIC HEARINGS

 

  1. a.None.

 

  1. IV.MINUTES
  2. a.July 26, 2012

 

Motion: Approve minutes. Action: Accept, Moved by Paul Madsen, Seconded by Sid Reese.

Minutes approved unanimously.

 

  1. V.SCHEDULED ITEMS

 

SWEARING IN OF WITNESSES BY Chairman Fernandez:

“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.”

 

TABLED ITEMS

   None

 

NEW ITEMS

 

  1. 1.PZ-8-12-201227: 9710 NE 2nd Avenue, (Owner) Shores Landing LLC, (Applicant) Optima Medical Center, (Agent) Jose Arencibia; Pursuant to Articles V and VI of Appendix A Zoning, Special Site plan review and approval. 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. Jose Arencibia was present as owner of Medical Center. Mr. Chairman asked Mr. Arencibia if he was the owner of the Medical Center and asked about background information of office, to which Mr. Arencibia answered that he is the owner and that office is a Primary Physician’s office. Mr. Reese asked questions regarding any difficulty in obtaining signage.

 

 

Motion to Approve subject to staff recommendations.

Action: Accept; Moved by Robert Abramitis, Seconded by Paul Madsen.

Motion passed unanimously.

 

  1. 2.PZ-8-12-201228: 441 Grand Concourse, (Owner) Nicole Borenstein, (Applicant) Same, (Agent) Adriana Rojas; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special site plan review and approval. Fences 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. Nicole Borenstein and Agent Adrian Rojas were present and they did not have any questions for staff. Mr. Chairman asked questions regarding planting in the front yard and there are no concerns by staff. Mr. Madsen asked about fencing in the side yard as part of application and staff mentioned that only fence in front yard is presented for approval by P&Z board. Mr. Madsen also asked for a definition of what board on board fence means and staff answered it is more like a solid fence rather than a picket fence, no spacing. Mr. Chairman asked to see what board on board would look like and agent had a sample of a board on board fence. Both sides will look exactly the same, like a shadow box. It will be pressured treated lumber.

 

Motion to Approve subject to staff recommendations and approve the application with the added condition that no part of the bracing is seen from outside the property and that the fence in its entirety contains finish sides on both sides.

Action: Accept; Moved by Robert Abramitis, Seconded by Paul Madsen.

Motion passed unanimously.

 

  1. 3.PZ-8-12-201229: 9027 and 9037 Biscayne Boulevard, (Owner) Shores Square Properties, (Applicant) Edmundo Tamayo, (Agent) Liliana Pato; Pursuant to Articles V and VI of Appendix A Zoning, Special Site plan review and approval. Wall sign.

 

Discussion by board and staff about approved party representing applicant.

 

Mr. Dacquisto provided background information, summarized the information on the staff report and read the staff recommendation and conditions of approval into the record. Liliana Pato was present as agent and did not have any questions for staff. Mr. Abramitis asked questions about two signs and what the recommendations were given by staff. Discussion on the need of two occupational licenses since there will be two signs. In the past board has discussed that occupational licenses should correspond to signage. Liliana Pato was present and explained they did not have two licenses and had only an occupational license as a Medical Doctor Office. Discussion by board to table approval until applicant speaks to Village Clerk in reference to the appropriate licensing.

 

Motion to table application. Action: Table. Moved by Robert Abramitis, Seconded by Richard Fernandez, Chairman.

 

Vote: Yes. Sid Reese, Robert Abramitis, Richard Fernandez.

No: Paul Madsen

Motion passed.

 

  1. 4.PZ-8-12-201230: 9703 NE 2nd Avenue, (Owner) Cochran Miami Shores LLC, (Applicant) Ray Pollock, (Agent) Shelby Smith; Pursuant to Articles IV, V and VI of Appendix A Zoning, Special Site plan review and approval. Change of use to barber shop; and 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 and Mr. Shelby Smith were present and did not have questions for staff. Pandwe Gibson authorized by Applicant and Agent made presentation regarding space is design to be retail/spa for men club. Board members asked about code and staff addressed concerns.

 

Motion: Approve change of use subject to Staff recommendations. Action: Accept. Moved by Paul Madsen, Seconded by Sid Reese.

Motion passed unanimously.

 

Motion: Approve sign subject to Staff recommendations. Action: Accept. Moved by Paul Madsen, Seconded by Robert Abramitis.

Motion passed unanimously.

 

  1. 5.PZ-8-12-201231: 9705 NE 2nd Avenue, (Owner) Cochran Miami Shores LLC, (Applicant) Pandwe Gibson, (Agent) Shelby Smith; Pursuant to Articles V and VI of Appendix A Zoning, Special Site plan review and approval. 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.

 

Pandwe Gibson was present and gave presentation on what business entails. Mr. Abramitis asked applicant if it was possible to remove red background outlining business phone number and applicant agreed to remove red background.

 

Motion: Approve sign subject to Staff recommendations, with added condition that the red background outlining the phone number is removed.

Action: Accept; Moved by Robert Abramitis, seconded by Sid Reese.

Motion passed unanimously.

 

  1. VI.DISCUSSION ITEMS

 

 

  1. a.Transmittal of zoning code amendments for planning board review and recommendation.

 

Mr. Dacquisto gave summary of Village council meeting and council has given the P&Z board a charge to look into amending the zoning code. Take the current zoning code and modify as necessary. Mr. Dacquisto has reviewed code and has made changes to certain areas that were errors in the code and needed to be changed, changes based on previous board discussions through the years and the board’s previous interpretations. Some of the changes that have been incorporated are from what village council discussion at Tuesday’s meeting. Board members asked Mr. Dacquisto questions regarding code amendments and reasons behind changes. Questions were as follows:

 

  1. 1.Changes regarding roofs, we currently have a list of metal roof colors and suggestion is not to put a list of suggested colors since colors have to be approved by P&Z board.
  2. 2.In terms of uses, we now have list of when site plan review is required.
  3. 3.Regarding concerns about xeriscaping. Mr. Dacquisto explained that Florida Friendly is the term that is used in Florida, Barbara McAdam clarified that the term “xeriscape” is not what they use in Florida. Mr. Dacquisto did state at council meeting that planning and zoning board is not against Florida Friendly and the position of the board is that you can do it under the existing ordinance. Staff explained to the board that in order to place Florida Friendly in the Ordinance, the code will have to be amended to add 30 or 40 pages of landscape requirements. Other cities have just adopted the Florida Friendly manual but by adopting a manual as a sole regulation you have no real regulation as a manual contains suggestions and not the necessary regulatory language. Speaking to the Code Enforcement official, most of the landscaping that is in our village is already allowed. There is not much that you can’t do that our code doesn’t allow, we don’t allow you to cover your yard with rocks and don’t allow you to leave dead trees.

 

  1. 4.There are some changes in parking districts B1.

 

  1. 5.Mr. Abramitis had concerns that a new limited multi-use district had not been created for the canal area where the motel is situated and for Tropical Chevrolet. Staff did not put that in our code but if board wants to go to a B3 zone then it can be incorporated down the road if there is a proposal in front of board. Discussion on topic.

 

Mr. Reese made comments about council meeting regarding Florida Friendly.

 

Mr. Dacquisto mentioned that there was much concern on how this board viewed Florida Friendly and how somehow word was spread in the community that this board opposed Florida Friendly and this was very far from the truth. It was made very clear to the council by the Staff report presented to the council that this board supported the concept of Florida Friendly but it was also the position of this board that there is nothing in our code that would prevent you from having a Florida Friendly landscape yard so no change to the code was necessary.

 

Board Discussion: Mr. Abramitis and the Planning and zoning board have in the past and continue to support Florida Friendly and believe that the current code already allows it. Staff report that Planning Director, Dave Dacquisto presented to Village Council reflects recommendations from P&Z board in which state current code provisions give great latitude and much freedom/flexibility to property owners. The Miami Shores Code is not inconsistent with “Florida Friendly Landscaping”.

 

Plan workshops in October and November. Request to have Village Attorney present at meeting.

 

  1. VII.NEXT WORKSHOP

 

  1. a.None scheduled.

 

  1. VIII.NEXT REGULAR HEARING – October 11, 2012.

 

  1. a.Regular agenda.

 

  1. IX.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.