pz 1-22-09Planning and zoning January 22, 2009 1
MIAMI SHORES VILLAGE
PLANNING BOARD
REGULAR MEETING JANUARY 22, 2009
The regular meeting of the Miami Shores Planning Board, was held on Wednesday,
January 22, 2009, at the Village Hall. Richard Fernandez, Chair at 7:00 P.M. with the
following persons present, called the meeting to order:
ROLL CALL: Richard Fernandez, Chairman
Robert Abramitis
Sid Reese
Paul Madsen
Norman Powell
ALSO PRESENT: David Dacquisto, Zoning Director
Richard Sarafan, Village Attorney
Valerie Bierley, Clerk
Mr. Sarafan swore in all those participating in the meeting.
MINUTES
Mr. Reese moved to accept the December 3, 2008 minutes. Mr. Powell Seconded the
motion and the vote was unanimous in favor of the motion. 5-0
SCHEDULE ITEMS:
PZ-7-08-200888
Chantal Collier and Darrin Kagele (Owner) (Applicant)
138 NE 106 St.
Errors and Variances, Sec. 701: Appeal on allegation of error. Sec. 523. Quality of
buildings generally, Paint color.
Mr. Dacquisto provided background information and acknowledged the applicant came
to an agreement with staff. There was no motion made to lift from table and as a result
the item has been dropped.
PZ-9-08-200896
Bank Of America (Owner) (Applicant)
9475 NE 2 Ave.
Special Approvals, Sec 600: Sec. 523. Bank remodel, ATM Lobby.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. The Planning & Zoning staff recommended approval of the proposed site
plan with the finding that it is consistent with the technical provisions of the code subject
to compliance with listed conditions. The applicant nor the Board members had questions
for Mr. Dacquisto.
The applicant did not address the Board. The Board questioned the applicant concerning
the light spillage. The applicant discussed safety concerns and agreed to staffs
recommendations as well as the Board’s recommendation to increase the proposed
Planning and zoning January 22, 2009 2
amount of light spillage. Mr. Reese moved to approve the application with the
recommendations set forth by staff and adding the condition to increase lighting. Mr.
Madsen seconded the motion and the vote was unanimous in favor of the motion. 5-0
PZ-12-08-2008102
Franz and Jasmin Rivera (Owner) (Applicant)
Catherine Salow (Agent)
10255 Biscayne Blvd.
Special Approvals, Sec 600: Sec. 523. Site plan approval, Garage Conversion.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. The Planning & Zoning staff recommended approval of the proposed site
plan with the finding that it is consistent with the technical provisions of the code subject
to compliance with listed conditions. The applicant did not ask questions but the Board
members requested clarification on what type of application was before them and
discussed elevation issues.
The applicant addressed the Board concerning their driveway. The Board, after
determining the driveway was not an issue before them, questioned the applicant
concerning the proposed elevation of the garage living space. Mr. Abramitis moved to
approve the application with the recommendations set forth by staff. Mr. Powell
seconded the motion and the vote was unanimous in favor of the motion. 5-0
PZ-12-08-2008103
AVIV Holdings LLC (Owner) (Applicant)
Mark Campbell (Agent)
9545 NE 2ND St.
Sec 600: Sec. 523.: Article IV Schedule of Regulations: Change of use; Restaurant.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. The Planning & Zoning staff recommended approval of the proposed site
plan with the finding that it is consistent with the technical provisions of the code subject
to compliance with listed conditions. The applicant did not question Mr. Dacquisto
however, the Board members had questions concerning the parking designation.
The applicant addressed the Board concerning parking spaces and septic tank issues. The
Board questioned the applicant concerning the parking issues and their end goal of this
project. Mr. Madsen moved to approve the application with the recommendations set
forth by staff. Mr. Reese seconded the motion and the vote was in favor of the motion. 3-
2. Mr. Abramitis and Chairman Fernandez both voted no.
PZ-12-08-2008104
Shores Landing LLC (Owner) (Applicant)
157 NE 97 St..
Special Approvals, Sec 600: Sec. 504. Signs. Wall signs.
Mr. Dacquisto provided background information and summarized the information on the
Staff Report. The Planning & Zoning staff recommended approval of the proposed site
plan with the finding that it is consistent with the technical provisions of the code subject
Planning and zoning January 22, 2009 3
to compliance with listed conditions. The applicant nor the Board members had questions
for Mr. Dacquisto.
The applicant addressed the Board concerning the clarification of the color to be used.
The Board had no questions for the applicant. Mr. Reese moved to approve the
application with the recommendations set forth by staff and the correction made by the
applicant. Mr. Abramitis seconded the motion and the vote was unanimous in favor of the
motion. 5-0
ACTION ITEMS: PUBLIC HEARINGS
a. Approval of Planning Board report to the Village Council on the
amendment to permit Chickees in Miami Shores.
Chairman Fernandez provided background information on what was presented thus far on
the Chickee Hut issue. The Board agreed to include the previously submitted pictures, a
list of insurance coverage that may be required, the October, November, December and
January minutes, all letters submitted along with the report submitted to the Board for
submission to the Council. Chairman Fernandez submitted an article from a newspaper
in the Keys, concerning a Chicka Lodge and the recent fire mishap. Mr. Reese motioned
to open the Public comment and Mr. Madsen seconded the motion. The Public hearing
was opened. Lynn Lewis who represents Mr. and Mrs. Stokesberry presented the past
principle and the current principle of the Miami Shores elementary school who spoke in
favor of the Chickee Huts. Dennis Smith, CBO, MCP (Principal: John Stokesberry)
spoke in favor of the Chickee huts as well. The Board questioned Mr. Smith concerning
Coral Gables regulations on Chickees Huts. Ms. Lewis spoke again reviewing the
testimonies from the speakers and the submittals. Chairman Fernandez asked if there
were any more comments and as no one spoke he closed the Public hearing. Mr.
Fernandez asked with the new testimonies and evidence if any of the board members
wanted to change the current motion but none of the board spoke. Hearing none Mr.
Fernandez proposed to move forward with the report including all evidence and exhibits.
DISCUSSION ITEMS:
a. Draft Zoning Code and Comp Plan amendments.
The Board questioned discussed convenient stores and gas stations in the b(1) district.
NEXT WORKSHOP
The next workshop hearing will be on February 12, 2009
a. Draft Zoning Code.
NEXT REGULAR HEARING
The next regular meeting will be on February 26, 2009
ADJOURNMENT
The January 22, 2008 Planning & Zoning meeting was adjourned at 9:30PM
__________________________ ____________________________
David Dacquisto, Director of Planning Chair, Planning & Zoning Board