MINUTES_PZ16-06-23_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
JUNE 23, 2016
THURSDAY, 7:00 P.M.
I) CALL TO ORDER
1) Roll Call
Present: Mr. Carlos Diaz, Mr. John Busta, Mr. Sid Reese, Mr. Robert Abramitis,
Chairman Richard Fernandez.
II) BOARD MEMBER DISCLOSURES
Mr. Abramitis disclosed he had visited all the properties on the agenda. Mr. Diaz disclosed
he had visited all the properties 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, Sec. 518, hedges.
Mr. Dacquisto gave a brief introduction of the items included in the package to the Board
and he mentioned that there are some suggestions for amendments. Mr. Dacquisto told
the board that Council has already dealt with hedges in the front yards on busy streets
and they would like for the Board to take a look at the hedge height in side and rear
yards. Mr. Dacquisto stated that if the Board wanted to match what was approved for the
front along busy streets an amendment from 7’ to 8’ in the side and rear would be
required. There was some talk at the Village Council of going even higher than that.
No one present from the public. Public hearing is now closed.
Chairman Fernandez said that Mr. Dacquisto clearly outlined the number of times that the
Board has addressed this issue. Chairman Fernandez spoke briefly about the number of
meetings the Board has held on this issue. Chairman Fernandez proposes passing the
Amendment as it is. Mr. Sarafan made some clarification as to what is being voted on
tonight. The Board made comments on the definition of hedges. Mr. Abramits
understands that what is being proposed at the moment is to remove this notion of palm
trees as hedges, and the problem he sees with that, and there are examples he could
point people to, if you have dense palm trees as those Arecas you can end up with 20-30
feet high of total shade and what that will do to your neighbors is completely shade their
yard, it might make it undesirable for a swimming pool, it might make it difficult to comply
with the Code Enforcement requirements for ground cover and grass and would be unfair
to the neighbors. There would be no daylight or air circulation in their backyard. He is
opposed to that notion for those reasons. Chairman Fernandez clarifies that Mr.
Abramitis proposal is to include palms and trees as hedges. Mr. Abramitis says not to
change the definition and if we send this forward to Council to at least have the minutes
express my thoughts that it really is not fair to the people on the other side. Board
Miami Shores Village, Planning Board Meeting
Minutes: June 23, 2016
2
discussion took place about exclusion of palms and trees from the definition of hedges.
Interior plats can be affected by these palms and trees planted on the other sides. Mr.
Sarafan clarifies that the way the definition currently exists leave room for the code
enforcement officers to make judgements. He says that we should probably not exclude
palms and trees from that definition. Mr. Busta is not in favor of excluding palms and
trees. He would like to see trees and palms stay in the definition of hedges. The Board
discussed the height of hedges and its impact on the neighbors. Consensus was that
there would be no change to the definition of hedge and that hedges could be up to 8 ft.
in height in side and rear yards.
Mr. Abramitis Motion to forward to Council the ordinance with no change to the definition
of hedge and that hedges could be up to 8 ft. in height in side and rear yards. Seconded
by Mr. Reese and the vote passed 4-1 with Mr. Diaz voting against it.
2) Amendment, Division 17, Sec. 536. Design standards and 537. Maintenance standards.
[Florida Friendly Landscaping, ground cover requirements]
Mr. Dacquisto gave a brief introduction. At the last meeting the Board gave some
direction to Staff to include landscape stone in the ordinance. Mr. Dacquisto read into the
record the recommendation given to the Board in their packages.
No one present from the public. Public hearing now closed.
Mr. Fernandez gave a brief overview of the item. Mr. Fernandez asked about a fence
that was put up on 96th street. Mr. Dacquisto explains that this fence was approved by
Council.
Mr. Diaz we should not have a percentage of sod to achieve uniformity its rather an issue
of maintenance than percentage. Mr. Diaz what is the purpose of having a distance on
the hedges Section 536 item #6 you are putting a distance restriction on front hedges.
The board and staff was not sure where the idea originated. The board discussed
requiring 25% of the front yard to be grass or 50%. The Board expressed that is our duty
to protect property values. Maintenance issues are addressed in Mr. Dacquisto’s
proposal. Mr. Diaz 25% minimum of front yard shall be sod unless special exception by
this Board. Mr. Busta agrees. Mr. Abramitis 50% grass with no special exception and be
required to adhere to a landscape plan. Mr. Reese leave it up to Staff. Mr. Fernandez 37
½ with no special exceptions.
Mr. Abramitis Motion that we forward the proposed ordinance with the changes made by
the board to Council with our recommendation, the first is that 536 -6 addressing hedges
that language be inserted to provide for site triangle, second part of the Motion is that a
requirement that a minimum of 37 ½ percent of the front yard be grass.
Seconded by Mr. Reese and the vote passed 4-1 with Mr. Diaz voting against it.
V) MINUTES
1) May 26, 2016 – Retract comment by Mr. Diaz on Page 2. Motion to approve with
changes by Mr. John Busta, seconded by Mr. Sid Reese and the vote was unanimous in
favor of the Motion.
2) June 14, 2016 – Motion to Approve by Mr. John Busta, seconded by Mr. Sid Reese and
the vote was unanimous in favor of the Motion.
VI) TABLED ITEMS
1) 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.
Miami Shores Village, Planning Board Meeting
Minutes: June 23, 2016
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Motion to lift from the table by Mr. Sid Reese, seconded by Mr. Carlos Diaz and the vote
was unanimous in favor of the Motion.
Motion to approve subject to Staff recommendations by Mr. Carlos Diaz, seconded by Mr.
Sid Reese and the vote was unanimous in favor of the Motion.
VII) NEW ITEMS
1) PZ-05-16-201649: 1460 NE 103rd Street, (Owner) Christopher & Monica Savits,
(Applicant) Same, (Agent) Isabella Rosete; 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 rear addition and new one-story front entry.
Motion to approve subject to Staff recommendations by Mr. Sid Reese, seconded by Mr.
Carlos Diaz and the vote was unanimous in favor of the Motion.
2) PZ-06-16-201650: 1037 NE 91st Terrace, (Owner) Lance & Alison Harke, (Applicant)
Same, (Agent) Dario Giacomelli; Pursuant to Articles IV, V and VI of Appendix A Zoning,
Sec. 400 Schedule of Regulations, Sec. 523.1 and Sec. 600. Site plan review and
approval required. One story addition. Metal roof.
Dario Giaccomelli was present and wished to present. Mr. Giaccomelli gave an
extensive presentation on his project.
Motion to approve subject to Staff recommendations and with the added condition that
the roof color be Stone White instead of the proposed Bone White by Mr. John Busta,
seconded by Mr. Sid Reese and the vote was unanimous in favor of the Motion.
VIII) DISCUSSION
1) Council request: Review, consider and recommend whether or not to amend the code to
allow bed and breakfast as a permitted use and if allowed the recommended code
language.
The Board asked Mr. Sarafan how this came about. Mr. Sarafan told the board it was as
simple as someone coming before Council and asking if they could have a Bed and
Breakfast. We don’t have language that allows Bed and Breakfast currently in the Code.
The Board expressed concern about having a Bed and Breakfast next door. Vacation
Rentals was brought up by the Board. The Board commented on Bed and Breakfast.
Mr. Dacquisto gave out documents prepared for the Board. The Board expressed
concern about this issue. Mr. Sarafan stated the public hearing will give the public a
chance to speak on the issue. Mr. Dacquisto read into the record his research into what
other municipalities do. He read into the record the information he provided the Board.
Mr. Sarafan requested that the Board ask for more information from Staff. There is
nothing currently in our code that regulates vacation homes. Discussion took place about
regulation of these places. The Board asked questions to Mr. Dacquisto about the
definition provided in his proposal. The Board wants to know the sort of problems have
happened in this hotels in the village. Mr. Sarafan states that many of the problems that
have happened in this hotel is due to the fact that you can get a room there real cheap
and probably not the same schedule that you would see in a Bed and Breakfast. The
Board sees potential problems with these invitation of transients in the area.
Public Comment by Dennis Murphy – commented that he was looking for temporary
housing for an employee and found out that it was very expensive.
Item to be brought up to a Public Hearing
IX) NEXT WORKSHOP – TBA
a) TBD
X) NEXT REGULAR BOARD HEARING – July 28, 2016.
Miami Shores Village, Planning Board Meeting
Minutes: June 23, 2016
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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.