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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 3 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 4 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.