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MINUTES_PZ16-05-26_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 26, 2016 THURSDAY, 7:00 P.M. I) CALL TO ORDER 1) Roll Call Present: Mr. Carlos Diaz, Mr. Sid Reese, Mr. Robert Abramitis, Chairman Richard Fernandez. Absent: Mr. John Busta II) BOARD MEMBER DISCLOSURES Mr. Abramitis visited 175 NW 109th Street, 1296 NE 99th Street, 138 NE 107th Street, 560 NE 93rd Street, 118 NE 102nd Avenue, Mr. Reese visited all of the items on the agenda, Mr. Diaz visited all of the items on the agenda. 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) ACTION ITEMS: PUBLIC HEARING 1) Amendment, Division 17, Sec. 536. Design standards and 537. Maintenance standards. [Florida Friendly Landscaping, ground cover requirements] Public Hearing now open. Ms. Collen Huff was present from the public. She expressed concern for safety in the site triangle. She lives next to a heavily landscaped swale. 1219 NE 100 Street. 1. She would like to for the Board to recommend that the swales be compliant with the site regulations. 2. She would like for thorny plants not to be permitted in the swales. 3. Not to allow heavy hedges or thick greenery on the swales. These three things are what she is recommending to the Board. Ms. Huff testified about the neighbor’s swale bushes being cut back and how the neighbor was not happy with this. She emphasized the fact that we need to be able to see. Public comment now closed. Chairman Fernandez asked if Ms. Huff had a chance to look at the Board’s proposal. Chairman Fernandez said that the City has unlimited authority on the swales. Mr. Sarafan states that persons who plant in the swales without the City’s go ahead are in violation of the code and we do try to enforce that. Public hearing is now closed. Mr. Dacquisto gave a brief presentation about the sections discussed at our last Workshop. Minimum standard not to exceed 25% grass. 10% of the front yard to be landscape rock. Discussion about ground coverage. Ground cover must be of one uniform type. Limit 24” for low ground cover. Clause no planting allowed without the approval of the Public Works Director. The village has sufficient authority to ensure the safety of the public in the swales. It is possible for the Public Works Director to have a policy to say what the range of plantings are. Mr. Sarafan made a legal observation regarding the swales. He is in agreement if the Board leaves the approval of the swales up to the Public Works Director. The other matter is a couple of editorials of paragraph 536- a- 2 there need to be a definition of non-growth area. Paragraph- a- 3 up to 10% of Miami Shores Village, Planning Board Meeting Minutes: May 26, 2016 2 the area of the front yard and sub-paragraph e vegetable garden we don’t need the exception anymore. The Board asked questions. Motion to table to the end of the Meeting by Mr. Abramitis, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. Motion to lift from the table by Mr. Abramitis, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Motion passed 4-0. Public not present at this time. The Board reconvenes, there were two concerns one being allowing ornamental rocks in parts of the swale, secondly the way it was drafted allowing no ground cover at all in side and rear yards. Definition for non-growth area was one of the issues. Everything in the swales is the village. Safety issues is a concern. Height of things in the swales. Board discussion took place at this time. The Chair would like to see a complete package before coming to a conclusion in this matter. Site triangle is brought up by the Board. Mr. Sarafan, addressing site triangles, if there was an accident or someone gets hurt the village would be sued because it is our swale. He Suggests the Board recommend to the council that public works and code enforcement enforce site triangle in the swales. Board discussion about the swales took place. The Chair asks to have Mr. Dacquisto come back with some language where it talks about safety issue in the swales. Mr. Dacquisto suggests to just have the administration to see about site triangles in the swales. He asks for more direction from the Board about what to write. Mr. Sarafan points out to the draft in front of them that with some tweaks not using the landscaping rock for parking and not to allow it to be unduly muddy. Mr. Sarafan read into the record the proposed language. Green space area not covered by approved living ground cover. The Board expressed concern about 25% of grass in the front. Board discussion took place about the portion of green space to be allowed in front yard. 50% can be driveway. The Board discussed allowing up to 25% to be something other than grass. There is a concensus that there needs to be more grass. Discussion about 75% of the open 24” high low grown cover. The issue of grandfathering is discussed. Consensus to leave to the administration to enforce. All of it has to be grass or approved ground cover. There was no vote on this issue at this time. V) MINUTES 1) April 28, 2016 Minutes were approved provided the Clerk’s revision of the pound amount in item 13 of the agenda. Motion by Mr. Abramitis, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. VI) TABLED ITEMS 1) None VII) NEW ITEMS 1) PZ-04-16-201640: 175 NW 109th St, (Owner) JCAS Fund Corp, (Applicant) Same, (Agent) Eric Certain; 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. Garage conversion. There was no public comment. Mr. Diaz points out the covered patio area on the east side of the property. The question is, is this part of the house legal. Discussion took place about this part of the plans. Mr. Juan Annichiarico explains that this is part of the house and it is legal. Motion to table to the end of the meeting by Mr. Abramitis, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. Motion to lift from the table by Mr. Abramitis, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. Miami Shores Village, Planning Board Meeting Minutes: May 26, 2016 3 Mr. Dacquisto found original plans that revealed that the part of the house in question is legal. Motion to approve subject to Staff’s recommendations by Mr. Diaz, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. 2) PZ-04-16-201641: 10151 NE 14th Avenue, (Owner) Carbonell #3307 LLC, (Applicant) Same, (Agent) Claudia Rozo; 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. There was no public comment. Applicant’s Agent presented request. Motion to approve subject to Staff recommendations by Mr. Abramitis, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. 3) PZ-04-16-201642: 1266 NE 94th Street, (Owner) Robert Netkin, (Applicant) Same, (Agent) Ulises Wiltz Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 523.1 (6) e and Sec. 600. Site plan review and approval required. Metal roof. There was no public comment. Mr. Dacquisto states that there is a reflectivity of 68. Discussion took place about the color of the metal roof being proposed. The Board expressed concern about the brightness of the metal roof. Applicant’s Agent presented request. Applicant’s Agent says that the metal roof has an R value of 68. Mr. Wiltz argues that from an R 28 to an R 68 there is substantial energy savings. Mr. Abramitis asked if the testimony is that no portion of the roof would be visible from the street. Chairman Fernandez states that experts that have come before the Board have said that the metal has little to do with the energy. The Applicant Mr. Robert Netkin spoke about the fact that he has no knowledge of the R factor. He states that he would be willing to change the color of the roof. The Board took a short break. Reconvened and Mr. Wiltz states that he would like to amend his application to go with the dove grey color for the metal roof. Motion to approve with the additional condition that the roof be dove grey in color and that we do not approve the original R68 rating subject to Staff recommendations by Mr. Abramitis. Seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. 4) PZ-04-16-201643: 1296 NE 99th Street, (Owner) Filpo Properties LLC, (Applicant) Same, (Agent) Cesar Lucero; 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. Second story addition and façade improvement. There was no public comment. The Applicant’s Architect presented the case. Motion to approve subject to Staff recommendations by Mr. Diaz, seconded by Mr. Reese and he vote was unanimous in favor of the Motion. Motion passed 4-0. Miami Shores Village, Planning Board Meeting Minutes: May 26, 2016 4 5) PZ-04-16-201644: 9338 NW 2nd Place, (Owner) Mathew Parker, (Applicant) Same, (Agent) David Van Hoeven; 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. There was no public comment. The Applicant’s Agent presented the case. There was an issue with parking that needs to be resolved. Motion to table to the next meeting by Mr. Reese, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Motion passed 4-0 6) PZ-04-16-201645: 150 NE 108th Street, (Owner) Jeffrey Kolokoff & Emily Bradfute, (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 and garage conversion. There was no public comment. The Applicant’s Agent presented the case. Motion to approve subject to Staff recommendations by Mr. Abramitis, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. 7) PZ-04-16-201646: 138 NE 107th Street, (Owner) Walker & Christine Sainvil, (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. There was no public comment. The Applicant’s Agent presented the case. Motion to approve subject to Staff’s recommendations by Mr. Diaz, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. 8) PZ-04-16-201647: 560 NE 93rd Street, (Owner) Magdiel & Martha Fernandez, (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 and façade improvement. There was no public comment. The Applicant’s Agent presented the case. Motion to approve subject to Staff’s recommendations by Mr. Diaz, seconded by Mr. Reese and the vote was unanimous in favor of the Motion. Motion passed 4-0. 9) PZ-04-16-201648: 118 NE 102nd Avenue, (Owner) Karon Coleman & John Ise, (Applicant) Same, (Agent) Victor Bruce; 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 front and rear additions, façade improvements. Garage conversion. There was no public comment. The Applicant’s Agent presented the case. Motion to approve subject to Staff’s recommendations by Mr. Reese, seconded by Mr. Abramitis and the vote was unanimous in favor of the Motion. Motion passed 4-0. Miami Shores Village, Planning Board Meeting Minutes: May 26, 2016 5 VIII) DISCUSSION 1) Wood, composite material pool deck setbacks. The Board discussed wood decks and used some examples. IX) NEXT WORKSHOP – June 14 1) Sec. 518 Fences, walls and hedges. a) Council request to consider hedge height, front, side and rear, hedge height in front yard along busy streets, eliminating special provisions for “reverse corner plots,” hedge definition. Mr. Dacquisto asked the Board to please take a look at his Staff Report for this workshop. Mr. Sarafan gave a brief report on what Council had discussed. Chairman Fernandez states that the Board has sixty days to bring forth a proposal. X) NEXT REGULAR BOARD HEARING – June 23, 2016. XI) 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.