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Board Minutes PZ 12-05-24_unbound MIAMI SHORES VILLAGE DEPARTMENT OF PLANNING & ZONING 10050 NE 2nd Avenue Miami Shores, FL 33037-2304 www.miamishoresvillage.com Main Number: 305-795-2207 Fax Number: 305-756-8972 David A. Dacquisto AICP, CFM, Director MIAMI SHORES VILLAGE PLANNING BOARD MEETING Village Hall Council Chambers 10050 NE 2nd Avenue, Miami Shores May 24, 2012 Thursday, 7:00 P.M. I. Roll Call. Present: Richard Fernandez, Chair, Sid Reese, Paul Madsen, John Busta, David Dacquisto, Director of Planning and Zoning (Not voting), Richard Sarafan, Village Attorney (Not voting), Norm Bruhn, Building Official (Not voting). Absent/Excused: Robert Abramitis. ROLL CALL: 7:04 Robert Abramitis present. II. BOARD MEMBER DISCLOSURES III. ACTION ITEMS: PUBLIC HEARINGS a. During the regularly scheduled Council Meeting of Tuesday, January 17, 2012, Councilman Loffredo raised the issue of xeriscaping for front yards. Following a brief discussion, a motion was made, seconded and unanimously passed to have the Planning & Zoning Board research and report back to the Council as to whether creating an amendment to the Code for xeriscaping (Florida Friendly Landscaping) in the front would be appropriate. Mr. Chairman gave overview of last meeting in regard to xeriscaping. Public Hearing Open. Richard Criswell gave presentation regarding xeriscaping and put together information packet to why it should be allowed. Mr. Criswell addressed two concerns that board had brought up at the last board meeting. Public Hearing closed. Mr. Chairman asked Mr. Dacquisto about laws and codes. Mr. Sarafan mentioned what our code states and what information was presented at the last meeting. Mr. Chairman asked Mr. Flores questions regarding xeriscape and how common of an issue it has become in Miami Shores. Mr. Flores mentioned that as our neighbors become more aware of our environmental issues and water shortage they are looking for friendlier landscaping. Mr. Abramitis asked about what percentage of Mr. Criswell’s property is covered with non-living ground cover. Mr. Flores answered that it was more than 50%. Mr. Madsen asked if gravel is permitted on any part of the property and Mr. Flores mentioned what our code states, which is 200 sq. ft. of gravel is only permitted as a storage pad for boats. Mr. Madsen made a comment about our code and how our current regulations already are set correctly and there is no need to adopt Miami Dade’s regulations. Mr. Dacquisto made comments regarding code and how we can already use Florida Friendly landscaping, just cannot use gravel or stone as complete ground cover. Mr. Chairman asked board to express opinions on issue to report back to Village council. Miami Shores Village, Planning Board Meeting Agenda: May 24, 2012 2 Mr. Madsen already sees that the code is in place correctly and we are already where we need to be and no need to amend code. Mr. Busta asked Mr. Flores about other municipalities and how they were adapting the xeriscape issue or Florida Friendly program. Mr. Flores mentioned that some cities have adopted the Florida yards and Neighborhood Program but most don’t have any program, and no one has anything about xeriscaping. Mr. Dacquisto said that a couple of municipalities have the ordinance but there is too much to regulate, they only reference the Florida Yards & Neighborhoods Handbook. Mr. Busta made comment that stones and rocks are hard to maintain to its original clean look. Mr. Busta has an open mind but needs to do further investigation. Mr. Reese does not have a decision because of lack of knowledge but does agree that we do not have to amend code. Mr. Abramitis said that he likes the way Miami Shores looks and mentioned code already reflects what should be and has no reason to change it. Mr. Chairman agreed with Mr. Abramitis. Motion: Staff shall draft and bring before the Board for final review and adoption a report and recommendation to Village Council, summarizing the information received and noting: A) That “zeriscaping” is more of a south west concept, not generally favored in S. Florida; but rather the county expert (and University sponsored programs) favor “Fla. Friendly Landscaping”. B) Current code provisions give great latitude and much freedom/ flexibility to property owners; and our code is not inconsistent with Fla. Friendly Landscaping. C) Planning Board recommends against replacing existing code provisions that require all open spaces (with certain exceptions) be planted with grass, sod or living ground cover as the alternatives present safety, aesthetic, maintenance and enforcement issues. Moved by Robert Abramits, Seconded by Sid Reese. No Discussion. Motion Passed Unanimously. b. During the regularly scheduled Council Meeting of Tuesday, February 7, 2012, the village council discussed the ordinance permitting hybrid roofs and making the amendment permanent. Following discussion, a motion was made, seconded and unanimously passed to have the Planning & Zoning Board hold a public hearing to review and consider an amendment to the existing hybrid roof amendment Sec. 523.1 (k) to allow solar panels on the rear roof only and to eliminate the restriction on how far apart the rows of clay tile may be laid. Public hearing open. Public hearing closed. Mr. Busta recalled saying that he did not like what roof could end up looking like because of pictures that were presented at the last meeting. Mr. Chairman mentioned how many different ways solar panels can be placed and not only laid one way. Mr. Abramitis made note of what he had asked at the previous meeting, which was how m uch will be used inside house and how much energy will be saved and person that was present for public hearing evaded the question and so he does not feel great about that system since it would also change characteristics of Miami Shores. Mr. Madsen would consider an amendment to allow solar panels on the rear of roof only and not eliminate restriction in place because of look. Mr. Busta mentioned that this is not a harmonious product and a drastic change. Does not have a problem with solar panels placed on the rear of the roof and restriction on how far apart should not be eliminated. Mr. Dacquisto clarified what council is requesting. Mr. Reese is all for improvements and he does not understand why it should be changed. By law we cannot keep residents from having solar panels but does not feel the code should be changed. Mr. Abramitis does not see the need for a change, it would be a mistake to allow more of a reveal. Mr. Chairman is ok with the solar Miami Shores Village, Planning Board Meeting Agenda: May 24, 2012 3 panels in the rear only and not to eliminate restriction. There are all kinds of ways to have solar power under code without needing any change. Mr. Chairman mentioned that a report should come back that takes into account what board has considered and PZ board recommends not to amend code and not to eliminate restriction on how far apart the rows of clay tile may be laid. Motion for report to reflect the basis on which board has determined not to recommend a change. Moved by John Busta, Seconded by Paul Madsen. No Discussion. Motion Passed Unanimously. MINUTES Motion: Approve minutes, Action: Accept, Moved by John Busta, Seconded by Paul Madsen. c. April 26, 2012 IV. SCHEDULED ITEMS 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.” TABLED ITEMS None NEW ITEMS 1. PZ-4-12-201212: 380 NE 91st Street, (Owner) Brian Wolstenholme, (Applicant) Same, (Agent) Alex Ramos; Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval. Garage conversion. 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 Alex Ramos was present but did not have any questions for staff. No questions by staff or board. Motion to Approve subject to staff recommendations. Action: Accept; Moved by John Busta, Seconded by Sid Reese. Motion passed unanimously. 2. PZ-4-12-201213: 1263 NE 101st Street, (Owner) Claudio Rodriguez, (Applicant) Same, (Agent) James G Smith II; Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval. Addition and remodeling. 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. Chairman had questions regarding expansion and structure. Mr. Dacquisto mentioned that issue will be dealt with Building official. No questions by board. Comment by Mr. Reese about value of property and there is a 50% rule. Agent James G Smith II agreed with percent rule and was aware of rule. Motion to Approve subject to staff recommendations. Action: Accept; Moved by Robert Abramitis, Seconded by Sid Reese. Motion passed unanimously. 3. PZ-4-12-201215: 9713 NE 2nd Avenue, (Owner) Tanya De La Rosa, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and IV of Appendix A Zoning, Special site plan review and approval. Façade improvements, awning. Miami Shores Village, Planning Board Meeting Agenda: May 24, 2012 4 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. Bruce was present but did not have any questions. Mr. Sarafan asked questions about material and signage. Mr. Abramitis asked if we can make a motion that parapet and awning have approval by board before placing signage. Mr. Bruce made note that they are not or will not be placing signage now or in the future on the awning or parapet. Motion to Approve subject to staff recommendations with additional requirement that no signage will be placed on the parapet and awning. Action: Accept; Moved by Robert Abramitis, Seconded by Paul Madsen. Motion Passed unanimously. 4. PZ-4-12-201216: 9069 and 9071 Biscayne Boulevard, (Owner) Shores Square Properties LLC, (Applicant) Laura Lucas, (Agent) Same; 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. No questions by board members. Mr. Sarafan asked about master sign agreement of this location. No questions by staff or board members. Motion to Approve subject to staff recommendations. Action: Accept; Moved by John Busta, Seconded by Paul Madsen. Motion Passed unanimously. V. DISCUSSION ITEMS a. Review of zoning code, dates for workshops and establishing process for review. Mr. Chairman asked when this issue began and Mr. Dacquisto mentioned about 6 yrs. ago. Mr. Chairman mentioned why this issue began and it was because of issues pertaining to 2nd Avenue. Code that is present now is about 75 pages and revision is about 300 pages. Mr. Chairman’s has concerns about overregulation and council has presented an issue but there currently is no problem. There is no real outcry about concerns and Mr. Reese mentioned a company that came by raising issues but really was not necessary. Mr. Reese said that there are some things that can be tweaked but not changing the whole thing. Mr. Sarafan mentioned that back in the day there was a perception that the then in place building code was not conducive to business that was happening at the moment, like flipping homes and leaving. Our present economy is not what it was when this issue was brought up. Mr. Abramitis asked question about what is our charge from council, do we need to change, or overhaul it completely or amend certain areas of the code. Mr. Sarafan said that there isn’t really a charge by council or resolution that this board has to make but will check with Village Clerk’s minutes to clarify charge. Mr. Busta had a question about how much money has been spent on researching this issue. Mr. Sarafan said that he did not have a sum to give. Mr. Busta said that he did not feel that money should be spent on something that does not even need change. Mr. Sarafan mentioned that this board should not worry about that because village manager is aware of what should be spent. Mr. Chairman mentioned that there have been amendments to the code that needed to be changed at one time and that was ok, but the whole code was not changed. Mr. Dacquisto made notes about good recommendations in the new code that could be changed on the existing code. Mr. Chairman asked if we had time pressure on this issue and Mr. Dacquisto mentioned that Village Manager is being pressured and therefore there is a request to analyze code. Mr. Chairman requests that we find out what is our exact charge from council by asking Village Clerk and reconvene in June. VI. NEXT WORKSHOP Miami Shores Village, Planning Board Meeting Agenda: May 24, 2012 5 a. None scheduled. VII. NEXT REGULAR HEARING – June 28, 2012 a. Regular agenda. VIII. 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.