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P&Z Minutes-Workshop 09-02-15 _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 WORKSHOP Village Hall Conference Room 10050 NE 2nd Avenue, Miami Shores SEPTEMBER 2, 2015 WEDNESDAY, 7:00 P.M. I) ROLL CALL Present: Mac Glinn, John Busta, Robert Abramitis, Sid Reese, Richard Fernandez. In Attendance: David Dacquisto, Director Richard Sarafan, Village Attorney Mariana Gracia, Clerk II) DISCUSSION ITEM Mr. Fernandez requested the Board to consider rearranging the items on the Agenda with the ribbons to go first, then the decks and finally the recommendation to the Village Council for changes to Appendix A Zoning. 1) Discuss amending the code to allow alternative materials between driveway pads and ribbons. Mr. Dacquisto provided information regarding the use of artificial turf in the parking space. He spoke about concerns about lead and how most of the material is now lead free. There are different grades of artificial turf. Most places require an eight year warranty on the artificial turf. Most artificial turf companies will give you a four year warranty if installed by homeowner due to the fact that they don’t expect it to last eight years. Mr. Dacquisto spoke about the material and how it comes loose sometimes if not properly installed. Mr. Sarafan asked is it water permeable, Mr. Dacquisto says yes and no, based on proper installation. You have a rock base underneath it. Further he continued to explain the way that the artificial turf is installed. So, it is probably permeable for most part. Mr. Dacquisto directed the Board to the draft language he had provided for them. You could consider the use of river rock instead of artificial turf. He added that river rock tends to stay put. Mr. Abramitis asked questions about the permeability of the artificial turf. Mr. Dacquisto responds that it should be permeable. Mr. Abramitis asked about the installation of artificial turf. Mr. Fernandez expresses his concerns and asked the Board to look for places like Hialeah that allow artificial turf and see how bad it looks. He mentioned the areas he had visited and gave some examples of the artificial turf used. He recalled Miami Shores Village, Planning Board Workshop Minutes 9-2-15 Workshop 2 the applicant that came before the Board last meeting that used artificial turf and did not pull a permit. The maintenance factor is high. He does not see this as a good idea the material fades it looks awful. Mr. Busta commented on the fact that he had seen the artificial turf installed in different areas and it looked good. Mr. Glinn had personal experience with pavers and the areas between pavers had issues and he had to eventually get river rocks in. He shares the Chairman’s concerns. He mentioned the different kinds of rocks that can be used as an alternative. Mr. Abramitis spoke about not being too keen about river stones. Ribbons would look good. Mr. Reese does not particularly like this idea. Mr. Fernandez mentioned that grass is better. Mr. Glinn would support the river rocks in the wider areas and in the narrow places the artificial turf. Mr. Dacquisto said that we don’t really have anything regarding the width of the concrete slabs. He said that when at first it was two to four inches and now we see four to eight inches. Normally speaking the cities don’t want you driving on these materials. He explains that with small gaps the tire will king of fridge with the material which is not a big issue but once you start to get to six inches your tires fall in the hole and damages the artificial turf. The Board discusses further the artificial turf and what they have seen happen when the tires rub on this material. Mr. Dacquisto says that this kind of material is just not made to drive on. Mr. Busta expresses his not liking this material. The Board discusses the hot tires going over this material. The Board asked the question where we got this from. Mr. Fernandez explains that we had an applicant before the Board requesting a variance and that is how we got this. Public comment from Ms. Carolina Rios of 150 NE 103 Street said that she does not know about the specific case that came before the board but that she is in a similar situation where is now being kept on hold until the matter is resolved by the Board. There is an issue that the sprinkler water from the well is damaging to cars. The material beneath the turf in her case is concrete so that if they were to install the artificial tur there would not be weeds. Pavers are very costly. Mr. Glinn spoke in favor of Ms. Rios comment. The Board discusses the way the driveways can be installed and then they can put river rocks. The Board believes that the spacing between pavers should be left to the site plan approval in our meetings. The Board requested that Mr. Dacquisto prepare documents supporting the use of river rocks and artificial turf. Ms. Rios asked what should she do at this point and liability. Mr. Dacquisto said that she should take care of any liability issues she may have as that is a separate issue. What this Board is going to do is consider whether or not to allow artificial turf or river rocks at our next meeting. She was advised to come to next meeting so that she could see the outcome. 2) Provide an interpretation of the zoning code regarding the approved location of decks and applicable setbacks. Discuss amending the code as necessary. Mr. Dacquisto gave some information on decks. The zoning code doesn’t mention decks at all. It talks about principal structures and accessory structures it was never a big issue in the past. Staff interprets the code as best they can as has previous Staff. Now we are getting into so many new decks and site situations that it’s getting to a point where we need to have some direction. He layed out the issues. The question is under the present code if a deck is attached to the house is it now part of the house subject to setbacks for the house. If it’s not attached to the house then is a deck and accessory structure. If Miami Shores Village, Planning Board Workshop Minutes 9-2-15 Workshop 3 it is accessory structure then it’s a required 15’ setback. Mr. Dacquisto continued to give more details as set forth in his Staff Report. He says that as it is now our code says we cannot have accessory structures in the side yard. For example our code says you cannot have a deck in the side yard if it considered an accessory structure. Mr. Dacquisto is looking for some direction from the Board to go forth. Mr. Fernandez says that this is raised due to an applicant that came before the Board. He had not pulled permits and went ahead and built the deck on the side yard. Mr. Sarafan commented on how to approach the issue. Mr. Dacquisto stated that the original reason for separation between structures was due to fire codes and a 10’ or 15’ separation as in our case automatically met the fire code for building separation and eliminated the need for fire walls. Mr. Sarafan comments on the issue at hand. Mr. Fernandez says that this may be a broader issue than just decks. He asked the Board for comments. The Board agrees that we are discussing the issue due to an Applicant. Mr. Fernandez says there is a reason why the Board should consider abolishing the 15’ setbacks. Mr. Dacquisto says that the Applicant that came before the Board built to 2 ft. of the property line. There is no interpretation that would fix that. He explains that for him it raised the issue that it was a corner house so it has different setbacks and the whole question is if it is attached to the house what setbacks apply and if it is not what setbacks apply. There was the question of 10’ or 15’ setback. Discussion about the setbacks as it is now. The Board spoke about the potential freeze that is there now due to the ambiguity in the code. Mr. Sarafan says that what the Board might want to consider is bigger issues as to whether the Board wants to consider the separation and second whether we want to define and provide for decks. Mr. Fernandez asked the Board is they all agree that if the deck is attached to the wall it would comply with the code for house setbacks. Mr. Glinn asked if t there is a separate treatment of patios in the code. Mr. Dacquisto explains that a pool patio is to be 10’ setback. He added that a pool deck a lot of the regulation comes from the building code some zoning codes can be 30” or above. Below 30” it does not require a railing. Above 30” now you are starting to intrude into your neighbors spacing. Those things are usually regulated differently. We can have one, two or three different regulations depending on how that intrudes into your neighbor’s space. Discussion about setbacks that need to be put in place for attached decks. Mr. Dacquisto said that he needs more direction from the Board. Mr. Fernandez proposed and there was a consensus to treat attached decks as part of the house for setback purposes. 3) Village Council request review and recommendation: Recommend to the Village Council that the proposed changes to Appendix A Zoning be adopted; or that the proposed changes be adopted as amended; or recommend that no changes be adopted. New language is underlined deleted language is struck through. Schedule of Regulations: Strikeout and Add: Restaurant Miami Shores Village, Planning Board Workshop Minutes 9-2-15 Workshop 4 The following permitted uses shall only be subject to Planning and Zoning Board site plan review where a new parking lot is proposed or an existing parking lot is reconfigured. Restaurant - Subject to Chapter 4 Alcoholic Beverages and Sec. 4-2 Special approval required if applicable. Bar – Subject to Chapter 4 Alcoholic Beverages and Sec. 4-2 Special approval required. Wine Bar – Subject to Chapter 4 Alcoholic Beverages and Sec. 4-2 Special approval required. To the list of permitted uses in B1 District, they are automatically added to the list of permitted uses in the B-2 district. Sec. 501. [Prohibited uses.] No use shall hereafter be established in any district unless the same is included among the uses permitted in such district as set forth in the schedule adopted by Article IV, either by specific listing or by the application of standards specified in this ordinance. For the purpose of clarification, the following list sets forth uses that are among those that shall not be deemed to be permitted anywhere in the village: (2) The sale of alcoholic beverages, as the same is defined in Florida Statutes 1955, Chapter 561.01 for consumption on the premises, except on the premises occupied by a country club or in an S-2 district, and except in a district zoned S-1 with reference to the sale of beer and wine as defined by the law of the State of Florida. as permitted under Chapter 4 Alcoholic Beverages. Sec. 521. Required off-street parking. (a) Schedule of off-street parking. D. Restaurant, Alcoholic beverage establishments; New construction 1 space/100 sq. ft. gross floor area; There shall be no off-street parking requirement for any restaurant or alcoholic beverage establishment located in a building for which a certificate of occupancy was issued on or before December 31, 2014. New construction shall be defined as any new principal building or structure for which a certificate of occupancy was issued on or after January 1, 2015, or any addition or improvement to a building or structure the cost of which exceeds fifty (50%) percent of the total assessed value of the building or structure before the improvement. Miami Shores Village, Planning Board Workshop Minutes 9-2-15 Workshop 5 Delete the following section and add requirements for granting special approvals to Chapter 4 Alcoholic Beverages: Sec. 610. Granting of special approval to restaurants for consumption of beer and wine on premises. Mr. Dacquisto provided information regarding the proposed changes to the Liquor Ordinance and the changes that the Board has to consider in Appendix A. One change is to schedule of regulations. Now we only allow restaurants, not bars or Wine Bars. The proposed change would allow restaurants, bars and wine bars without review by this Board except for the parking lots and change of parking. The liquor part will be covered under Chapter 4 of the liquor ordinance. Sec 610 of the zoning code would be deleted and the regulation moved to Chapter 4. There are two new sections added to regulate liquor licensing for hard liquor sales and bars and Wine Bar. He gave his interpretation of Wine Bar and Restaurants. Prohibited uses he changed Section 5.01 to say what we are allowing. Required parking, basically there is no required parking unless a new building is constructed or significantly enlarged. Mr. Fernandez expressed his concern about the neighbors in the vicinity of 2nd Avenue and what is being proposed to be bars. He expresses concern about the proposed bars. He mentioned that now we have a position where the Village Manager is now in the position to make the decision. If Council wants to make the decision let Council make the decision. It does not make any sense to have the Village Manager make that decision. Mr. Fernandez has further concerns about what is being proposed. Use changes are his understanding they no longer come before this Board. The Board looks at the paperwork provided by Mr. Dacquisto. Mr. Fernandez says he is concerned about package stores and bars on Second Avenue. Radical change from what Council ran for office. Background checks are not going to make a difference. There is just no real provision. He spoke about the 500’ separation between the establishments and the residential area. Chili’s operating hours are closing at 11:00 PM. He mentioned all of the establishments that sell alcohol and the times they close. Compared to what is being proposed for the Wine Bars to close at 1:00 PM. He suggests cutting the operating hours of these establishments. Mr. Sarafan says that in concept this expansion has already passed first reading. Everything Mr. Fernandez has just addressed is in Chapter 4. This is not in the zoning code. It’s a matter of law, regulation, and liquor licensee’s is preserved preempted to be the State of Florida Legislature with a few exceptions, Municipalities can regulate location including separation from other licensee’s, you can regulate hours and you can regulate sanitary issues which has been interpreted by Municipalities to regulate seating. The only places where liquor can be served are the University and the Country Club which is controlled by contract. So now what the Council is trying to do is that they need a zoning code approval to eliminate the prohibition. There Miami Shores Village, Planning Board Workshop Minutes 9-2-15 Workshop 6 is a parking code. Mr. Fernandez expresses concern about the Board having a recommendation after the Council has already voted on the issue. Mr. Sarafan states that it is correct that the Council will probably enact regulations for things that are not yet lawful in the Village. Mr. Fernandez says that if Council has already scheduled this and the Board will not be able to act until we have our next meeting on the 17th of September and their Council meeting is on the 8th of September. Mr. Sarafan states that he agrees that it is entirely possible the Council will approve regulations for use that at the time could not yet be legal. Mr. Sarafan states that the Council is entitled to and would benefit from your considered evaluation and your detailed recommendation. He clarifies that the Council is passing on something that would be acted on if and when it becomes lawful. It is possible that if and when they see your recommendation they would consider and decide not to make it lawful. In which case will have an ordinance that would regulate something that cannot lawfully be done. The Board asked questions. In Chapter 4 there are the existing regulations. It is currently prohibited. Zoning code needs to be amended. Fix the language to remove the prohibitions. Comments made by Mr. Abramitis. Mr. Sarafan gives an example of zoning code regulations. Council has priority. This is about process. Your opinion should not be constrained by what they have already decided to do. You should tell them what you think about the overall concept before you. Which is do we modify the current prohibitions. Mr. Sarafan stated that the component before the council may not implement the changes desired by council until Appendix A Zoning Code is amended. That may or may not involve a continuance. Council has a very intelligent attorney that may ask if we adopt this are we adopting something that is not yet legal. The answer to that is yes. Mr. Abramitis asked if the Board takes a negative position what would happen. Mr. Sarafan says that regardless of what the Board’s position is you should tell Council this. The Board discusses the matter further. Mr. Sarafan states that Council has asked Staff to prepare it in such a fashion so that it would not require the unavailable parking. These are all concerns that should be addressed by the Board when recommending to the Council. Mr. Dacquisto states that there may be some things that the Board may like about the draft that the Board could recommend to the Council. Further he states the different scenarios that the Board could recommend to the Council. Mr. Fernandez recommends that the Board would be inclined to accept a restaurant with hard liquor properly licensed by the State. Mr. Abramitis expresses concern about the idea. Mr. Fernandez do we have a tentative consensus about the restaurant with a liquor license. Mr. Glinn states that for the most part he supports what has been presented here. In terms of the residential parking he would like to see a protection clause. He would like to see a closing time of midnight. Council wanted wine bars to be able to sell wine by the bottle. The way I have drafted only wine bars can sell by the bottle. Mr. Abramitis brought up the issue about live entertainment. Mr. Dacquisto spoke about the issue. Mr. Sarafan spoke about the first amendment protection. Mr. Fernandez says based upon what has been discussed he very Miami Shores Village, Planning Board Workshop Minutes 9-2-15 Workshop 7 frankly would like to go back and look at this proposal before making a decision. There is a consensus about having this discussion at the next scheduled meeting. Mr. Sarafan asks if the consensus of this Board is to informally meet with Staff. Mr. Reese made comments. Mr. Fernandez comments about communicating with Mr. Dacquisto. Mr. Sarafan clarifies that Mr. Dacquisto cannot be used as a conduit for these communications. There is no problem with the Board communicating to Mr. Dacquisto their concerns. There is a discussion about what is lawful and how to communicate to Mr. Dacquisto. Mr. Fernandez said that a liquor license would cost $100,000.00. The Board comments about the issue. Mr. Sarafan says that the Board simply saying that this will be done does not mean that it will be done. Mr. Fernandez asks how the Board feels about the 1:00 PM closing time. Mr. Dacquisto says that the Board could make a recommendation as to the closing time. Mr. Fernandez would like to see this in our next meeting agenda. Mr. Sarafan commented that having a public hearing not only is a good idea but also is required. It could be that if it is made public that there could be a good amount of people for public comment or there could be none. It could be that unless the Board requests it this will only be on our website. Mr. Fernandez would like a mailer be done to let people know about next hearing. The Board agrees that this should be requested. NEXT WORKSHOP – TBA. III) NEXT REGULAR HEARING – September 17, 2015. 1) Regular agenda. 2) Discussion and Action Items: Recommendation to Village Council: a) Village Council Request: Planning Board to provide recommendation to the village council on the zoning code amendments to Appendix A Zoning related to alcoholic beverages and ancillary parking. IV) ADJOURNMENT