P&Z Minutes 12-10-15_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
DECEMBER 10, 2015
THURSDAY, 7:00 P.M.
In Attendance:
Richard Sarafan, Village Attorney
David Dacquisto, Director of Planning & Zoning
Mariana Gracia, Clerk
I) CALL TO ORDER
1) Roll Call
Present: Mr. Carlos Diaz, Mr. John Busta, Mr. Sid Reese, Jr., Mr. Robert Abramitis,
Chairman Richard Fernandez.
II) BOARD MEMBER DISCLOSURES
Mr. Abramitis disclosed he had visited tabled item #1, New item #1 and new item #5.
Mr. Diaz disclosed he had visited all the items on the agenda for tonight’s hearing.
Mr. Busta disclosed he had visited all the items on the agenda as well.
Chairman Fernandez disclosed that new item #1 – 861 NE 91 Terrace – there is a
reference to a Christopher Fernandez, my son’s name is Christopher – this
Christopher is not my son.
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) MINUTES
1) November 12, 2015
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Minutes: December 10, 2015
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There was a Motion to approve by Mr. Busta, seconded by Mr. Reese and the
vote was unanimous in favor of the Motion.
V) ACTION ITEMS: PUBLIC HEARING
1) Florida Friendly Landscaping.
Public hearing is open.
Ms. Jean Lee of 30 NW 100 Terrace testified. Ms. Lee mentioned she had sent
an email requesting a modification of one sentence in the code. This would allow
the residents to have a little bit more of a leeway in planting ground cover
particularly under shade. She said that the residents love their shade and they
don’t particularly want to trim their trees. The sentence they are asking to
change was in section 537 section A (2) where currently the code reads: Ground
cover use in lieu of grass shall be of one uniform type through a given lawn area
and shall not be permitted to become adulterated with weeds.
Ms. Lee suggested: Ground cover used in lieu of grass may be of multiple
species and maintained in a neat and well-kept appearance.
Just that one sentence would mean a lot to the residents Ms. Lee said. Being a
Landscape Architect she is constantly dealing with these issues at State, local
and Federal level. Where they are all headed with this is to allow more diversity
in species planted that would allow more pollinators, wild life to feed on various
plants. Ms. Lee said that their intent is to allow more species that will be kept in a
neat and attractive manner. It can also be mowed but it also provides these
added benefits.
Mr. Sarafan says he received some information he thought he forwarded to Mr.
Dacquisto. It was basically what Ms. Lee said. A little bit of a background, well
before the last revision of the code we’ve always had a provision for open space
to be covered by ground cover. Ground cover speaking in gross generality is
defined in the code and in general it could be grass or other types of ground
cover that further provides ground covering. It doesn’t have to be grass. Mr.
Sarafan says that his understanding of the term grass monoculture is as provided
in the code it currently reads: Ground cover use in lieu of grass…. Let me just
stop here. You are allowed to use ground cover that’s not grass if it meets the
definition of ground cover but ground cover use in lieu of grass shall be of one
uniform type. That is the concern that I heard expressed tonight and previously.
Which is maybe you could see your way clear to allow us to use more than one
uniform type. The concept that they are suggesting is to change that one
sentence to allow that. Mr. Sarafan says he thinks this is not really about Florida
Friendly per se, because if you heard from Staff you hear that our code is not
inconsistent with Florida Friendly. You could do Florida Friendly with our code.
However, this is a different concern that they are expressing which was
expressed in front of the Council as well. It is a tight discrete amendment that
they are proposing.
Public hearing is closed.
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The Board made comments and questions. Mr. Sarafan asked Ms. Lee to
provide a copy of the email she sent. Ms. Lee submitted a copy of the portion of
the code being discussed. Chairman Fernandez suggested for Staff to put
together a proposed amendment to the code not that we are going to act on it but
we need to see what’s surrounding it. Discussion about what Staff is going to
provide. Mr. Sarafan says: Consider putting into A (1) which talks about the
length of the grass and lawn that you might want to say: or other ground cover.
Mr. Dacquisto says that it is actually more involved than that, He has already
looked at what needs to be done but there is a ripple effect and when you
change one thing in a code it affects other provisions but he understands what
needs to be done..
Chairman Fernandez proposed to take this item to our next Workshop. Mr.
Sarafan asked the Chair if submitted in advance would the Board consider acting
on the different types of ground cover being proposed.
Board discussion took place about Workshops coming up.
Decks and Hedge height Workshop set for January 14, 2016 at 7:00 PM –
Conference Room.
Barry University Workshop set for January 21, 2016 at 7:00 PM. - Conference
Room.
VI) TABLED ITEMS
1) PZ-10-15-2015226: 1086 NE 96th Street, (Owner) Ana Rojas, (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. One story addition, Garage conversion.
Motion to lift from the table by Mr. Reese, seconded by Mr. Diaz and the vote
was unanimous in favor of the Motion.
Mr. Dacquisto provided information relating to the application which includes a one
story addition, Garage conversion. Mr. Dacquisto: We heard all the elements dealing
with the addition and garage conversion last month. The only outstanding item was
the replacement of the garage parking with the additional legal parking on site. Mr.
Dacquisto says: that the Board did not like the option that was offered before, Mr.
Campbell and I looked at the site to try to come up with parking that would work.
They both looked at the option of a circular driveway in the front; given the narrowest
of the lot this was not possible. Mr. Dacquisto says: The plan presented today has
an T shaped driveway in the front yard. The benefit to this is that the driveway can
be narrower not the 24’ wide driveway we were looking at before. It is a better
design, better option, it does require you to back into 96th Street but this is the
situation when you have parking in the front. Not the best situation but it does work
and there is some potential to enter NE 96th St without backing out if only one car is
parked on the driveway with some manuvering. Staff is recommending approval of
the one story addition with the garage conversion with the conditions attached. Mr.
Mark Campbell of 373 NE 92nd Street was present and wished to present. Mr.
Campbell testified that his Client only has one car. Mr. Campbell presented his new
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design which includes an T shaped driveway in the front. He also said that because
of the pool there were some extra measures needed for safety. There is still enough
room for a septic system to go in the front in case they need it. The Board asked
questions. Mr. Campbell highlights in the plans where the driveway is going to be.
He pointed out where the grass will be. Mr. Sarafan asked questions. The
maximum allowed hedge height is 2.5. Mr. Busta Motion to approve subject to Staff
recommendations, seconded by Mr. Reese and the Motion passed 4-1 with Mr.
Abramitis voting against it.
VII) NEW ITEMS
1) PZ-11-15-2015228: 861 NE 91st Terrace, (Owner) Christopher and Rebecca
Fernandez, (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. New residence.
Mr. Dacquisto provided information relating to the application which includes a
brand new residence. It is a modern design with a flat roof. It exceeds the
minimum area requirement. Mr. Dacquisto described the surrounding houses by
the proposed plans. There is 3 Bedrooms, 2 baths with an additional bathroom
in the main floor. Attached garage which will accommodate two vehicles as
required by code, Staff is recommending approval with 14 conditions attached.
Mr. Chris Fernandez of 340 West Flagler Street was present along with his wife
Rebecca who is the interior designer. The Applicant, Mr. Fernandez proceeded
to present. It is a two story addition with privacy screen by the bedroom on the
second story. In addition to privacy it also reduces the heat from coming in. The
Board asked questions. The Architect, Mr. Fernandez responds with pictures of
similar homes in the area. He said that there will not be any additional landscape
added to the front of the residence. Chairman Fernandez asked the size of the
lot. The Architect, Mr. Fernandez says: 76’ wide X 140’. Chairman Fernandez
points out that this is a minimum lot. He expresses concern about proximity to
the neighbors and the lack of landscaping. The Board also expressed concern
about the lack of landscaping. Chairman Fernandez says: A landscape plan
would be appropriate. Mr. Sarafan points out that there is an existing plan that
shows the trees that are going to be removed. The Board suggests the Architect
get together with Mr. Dacquisto to address landscaping providing more in the
front to soften the house from the front street. Motion to table by Mr. Abramitis,
seconded by Mr. Diaz and the vote was unanimous in favor of the Motion.
2) PZ-11-15-2015230: 465 Grand Concourse, (Owner) Julian & Debra Montero,
(Applicant) Same, (Agent) Jorge Nuche; Pursuant to Articles IV, V and VI of
Appendix A Zoning, Sec. 400 and Sec. 600. Site plan review and approval
required. One-story addition.
Mr. Dacquisto provided information relating to the application which includes a
one story addition. The one story addition is approximately 590 square feet.
Located in the rear SW corner of the residence, the addition will include a new
den and cabana bath. The den itself has a closet and can potentially be utilized
as a bedroom. The addition is compatible with the 1950’s residential
construction. The design is compatible with the neighboring community and
meets code provision. Staff is recommending approval with 10 conditions
attached. Architect, Jorge Nuche of 3170 SW 111th Avenue was present to
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present. Mr. Nuche testified that his Client wished to enhance the back and
family area, created a cabana bath so that the kids could come in. Mr. Busta,
Motion to approve subject to Staff recommendations. Mr. Reese seconded the
Motion and the vote was unanimous in favor of the Motion.
3) PZ-11-15-2015231: 1481 NE 104th Street, (Owner) James Breen, (Applicant)
Same, (Agent) Ana Gutierrez; Pursuant to Articles IV, V and VI of Appendix A
Zoning, Sec. 400 and Sec. 600. Site plan review and approval required. One-
story addition.
Mr. Dacquisto provided information relating to the application which includes a
one story addition. The one story addition is a covered terrace over an existing
patio. No additional ground work is necessary and the terrace won’t extend past
the concrete pad. The addition is open on three sides. The flat section of the
mansard roof is less than 300 square feet. This is an AE9 flood zone so all the
requirements for construction in flood zone will apply. The applicant will have to
comply with all the requirements of the Building Code as set out by the Building
Official. The addition does blend in with the existing architecture of the 1950’s
residence. It does meet code requirement. Staff is recommending approval with
the conditions as attached. Ana Gutierrez of 1481 NE 104th Street was present
and wished to testify. The concrete slab already exists and the owner was a nice
shade and a space to relax. The Board asked questions. Ms. Gutierrez
responds that they are proposing a 300 square roof. Mr. Abramitis, Motion to
approve subject to Staff recommendations. Mr. Busta seconded the Motion and
the vote was unanimous in favor of the Motion.
4) PZ-11-15-2015232: 339 NE 100th Street, (Owner) Glenn Daidone, (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. One story addition, Garage conversion.
Mr. Dacquisto provided information relating to the application which includes a
one story addition, Garage conversion. The applicant is proposing a garage
conversion and to enclose a covered porch that extends between the residence
and garage. The Applicant is going to remove part of the existing driveway and
will have a circular driveway in front of the residence. The garage door will be
removed and a window put in its place so it will be more integrated into the
house. There is room to park two cars on site. Staff is recommending approval
for the conversion with the 6 conditions that are attached. Harry Sanchez of
4175 SW 98th Court; Mr. Sanchez states that Mr. Dacquisto has provided
information relating to the garage conversion and it includes an additional
bathroom with a walking closet. Converting the screened porch into a master
bedroom a portion of the rear porch into a laundry room; they are doing some
interior remodeling to the other side of the house. The Board asked questions.
Mr. Dacquisto responds that the Board is looking at the architectural design and
zoning compliance of the application. The construction details are left for the
Building Official. The Board makes comments. Mr. Dacquisto says that if the
Board puts in a condition that the driveway has to be a concrete or brick that is
what they have to do. If you just approve a driveway then administratively the
Building Official and I will approve what the Building Code and the City will allow
and what the City will allow is any of those options. The Board made comments
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and explains in which situation the Applicant would have to come back to the
Board for approval. Mr. Busta, Motion to approve subject to Staff
recommendations. Mr. Reese seconded the Motion and the vote was unanimous
in favor of the Motion.
VIII) DISCUSSION
1) Barry University Campus Master Plan – Set for January 21, 2016
IX) NEXT WORKSHOP – January 14, 2016, 7:00 p.m.
1) Deck regulations. Front yard hedge height limit along high traffic streets
X) NEXT REGULAR BOARD HEARING – January 28, 2015.
XI) ADJOURNMENT