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MINUTES_PZ17-04-27 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 APRIL 27, 2017 THURSDAY, 7:00 P.M. In attendance: David Dacquisto, Planning and Zoning Director John Arrastia, Assistant Village Attorney Mariana Gracia, Clerk I) CALL TO ORDER 1) Roll Call: Present: Mr. Carlos Diaz, Mr. John Busta, Mr. David Snow, Ms. Irene Hegedus, Chairman Richard Fernandez. II) 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.” III) ACTION ITEMS: PUBLIC HEARINGS; CONTINUED 1) Council request: Planning board to hold a public hearing on an amendment to Chapter 20 Streets, Sidewalks and Other Public Places to create a resident only parking district adjacent the Miami Shores Downtown. The Board had a discussion about having a Motion to re-open this item. Motion to reconsider this item made by Mr. Busta, seconded by Ms. Hegedus and the vote was unanimous in favor of the Motion. Public Hearing now open: 1. Mr. Jerry Lanz of 246 NE 102 Street notified the Board that he did not get notice of this meeting until late this afternoon and also that some of his neighbors could not come to the meeting. He expressed opposition to this proposal and explained why. Residents should not have to be burdened this way. He has lived in Miami Shores for a long time. He went over the reasons why the residents in this area should not be inconvenienced. He is for all of Miami Shores having to pay for parking stickers not just the area around downtown Miami Shores. He gave examples of his neighbors that have parties or for other reasons have a lot of visitors. He gave the scenario of those Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 2 people having to have parking stickers for all of their visitors in some instances. He feels that this should be voted down. He spoke about property values being brought down because of this. 2. Mr. Barry Asmus of 515 NE 101 Street. Mr. Asmus informed the Board of his attendance at the Council Meeting when they voted for waiving the parking restrictions. He said that he explained to the Council at that time that allowing parking in front of their properties would tear down their swales. He said that the Council expressed that they would deal with this item if it and when it became a problem. Mr. Asmus warned about problems that might arise. He mentioned a resident who was affected by the people parking on this gentlemen’s driveway and blocking in this resident’s car from exiting. Residential only parking solution is something he would encourage. Mr. Asmus requested that the Board open it up to a workshop so that residents can have a say. Public Hearing now closed. Mr. Diaz would like to propose to create an amendment to the Code where residents and their guests can be serviced from vehicles parking in the swale. If you are a resident, you can park on the swale as well as your guests. Village Staff can park there too. Instead of putting the burden of cost on the residents if there is an issue at the property they can report it to the Village Police Department and they can come out and either issue a citation or ask the person that is parked on the swale to leave the property. This is a step in between fully issuing the parking permits on the street where we don’t really need it yet. Or addressing the issues for instances that have been brought up tonight. Mr. Diaz mentioned the different scenarios that could happen when people park on the swale. Chairman Fernandez weight in on the issue and gave an example of what has happened regarding different proposals and the solutions that came out at the time. He addressed the issue of taxing the residents in these areas of downtown. The Board asked questions. Mr. Dacquisto gave a brief explanation. Motion to discuss this item further at a workshop by Mr. Snow. Seconded by Mr. Diaz. Discussion by the Board took place at this time. The vote was unanimous in favor of the Motion. 2) Council request: Planning board to hold a public hearing and provide recommendation on Downtown “Architectural Design Manual.” a) Consider adoption of the Downtown “Architectural Design Manual” and Village Code of Ordinance amendments to apply the regulations. Motion to refer this item to a workshop by Mr. Snow. Seconded by Ms. Hegedus and the vote was unanimous in favor of the Motion. Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 3 3) Village Council request for Board to Hold a Public Hearing and Provide Recommendation on Amending Village Code of Ordinances: ARTICLE II Local Business Tax; Sec. 14-17. - Required; hours for retail sales. a) Consider permitting 24-Hour gas stations. Chairman Fernandez recommended to reconsider this matter and to further discuss. Motion to reconsider by Mr. Snow. Seconded by Mr. Busta and the vote was unanimous in favor of the Motion. Public Hearing now open. 1. Mr. Robert Mengi of 1102 NE 105 Street spoke about his meetings with police officers and how they felt about this item. Mentioned the element that would come out to these 24 hour locations and how it would not be good for the community. He briefly went over what could happen in these places if 24-hour was allowed. 2. Mr. Jerry Lanz of 246 NE 102 Street agrees 100 percent with what Mr. Mengi said. Mr. Lanz suggested we need to speak to the Miami- Dade police regarding this issue of 24 hour locations and about the element that it brings in late at night. There are plenty of places where you can get gas where there is safety. He mentioned people mugged at a Shell station nearby. We have enough problems as it is. 3. Bill Riley, Esq., Attorney on behalf of Miami Shores Service Station. Joined by Mr. William Urbieta, owner of the station. Mr. Riley asked that the owner have an opportunity to speak on the issue. Mr. Riley clarified that this Ordinance is only applicable to service stations in the B2 district. He goes on to say that the Ordinance that is before us tonight does not amend, modify or in any other way change your regulation on the sale of beer and wine. Mr. Riley says that they are not asking to change this ordinance. He went over the gas station they bought and brought up the issue of security. They would like to build a state of the art facility. Mr. Riley passed out a photograph to each Board member of a recently modified gas station with the LED lighting. He sayd that safety is a concern for them as well. The attorney mentioned that they do want to make this facility more secure. He said that the only way they can attract the International partner is by changing the ordinance. Mr. Riley mentioned a letter he passed out at last hearing from the City of Miami Police Chief talking about their facility in the City of Miami. Mr. Riley mentioned what the letter said. Mr. Riley testified that the Village Police Chief had told him he did not support it nor oppose the 24-hour gas station. Mr. Riley went over what the Police Chief had told him regarding the issue. He went over the proposed items to make this a safe and secure location. Chairman Fernandez points out that the Chief of Police had submitted a letter to the Board that speaks for itself. Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 4 4. Mr. William Urbieta of 9701 NW 89th Avenue, Medley, FL. Mr. Urbieta testified that his family has been in the business of operating gas stations since 1973. It was a lot easier when you close at 12:00 PM but due to the nature of the business they have had brake ins. He mentioned that because of the lighting in these 24-hour gas stations with state of the art security and a two person shift operators. Criminals do not like well lid up places. Mr. Urbieta testified that they do everything they can in their power to avoid crime. This is a family owned business. The Board asked questions. Mr. Urbieta testified that they had bought these old gas stations and they have tried to bring them into the 21 century. He mentioned that they are the Franchise. He said that 24-hour gas stations require more personnel. He asked the Board to look at the picture they have provided to the Board showing how well lid these 24-hour gas stations are. As a result, crime is low in these locations. 5. Mr. Hunt Davis of 9875 E. Dixie Highway said that he is pleased to see a business owner coming into Miami Shores and investing here. However, he had great concerns about a 24-hour business in Miami Shores. He thinks that if you open it up to one business you are going to have to open it up to others. This is a concern to him. He asked the Board to really consider heavily what is before them and make their recommendation to Council. Think carefully and please don’t take it lightly when recommending to Council. He spoke to the Board and said: your responsibility is to protect and to serve our community not to develop Biscayne Blvd. Mr. Davis urged the Board to weight that very heavily when they make their decision and not to move forward with this at this time. 6. Mr. Ricardo Heredia of 358 NE 105 Street. Said that the character of Miami Shores is the reason why he moved here with his family. They drove by and they liked what they saw in Miami Shores. He is for free marked knowing how tough it is to own a business, but he does not think anything happens at 3:00 AM. Where he lives they’ve had breaking ins up and down 105th Street, but mostly cars. He said that he lives three houses from St. Rose Church. Mr. Heredia said that in the last year or so these break ins happen around 3:00 AM. He is opposed to anything opening 24- hours a day in Miami Shores. That is why we have North Miami. The character of the Village of Miami Shores can be affected negatively once you start opening these 24-hour stations. Public Hearing now closed. Motion to lift from the table by Mr. Busta, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Mr. Diaz asked for Mr. Snow and Ms. Hegedus to provide their stance on this matter. Mr. Snow gave a brief presentation of his take on this issue in favor of 24-hour gas stations. Ms. Hegedus said that she is divided on this issue and gave the reasons why she is for 24-hour station from a convenience perspective. However, she does listen and hears what the public has to say. Mr. Busta noticed that 7-Eleven has opened up a few locations in the surrounding areas. He Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 5 mentioned that these locations had a problem with adult entertainment. Mr. Busta is opposed to 24-hour station in the Shores. As much as he likes to see the transformation of the gas station; he has concerns about it and is not in favor of 24-hour. Mr. Snow asked for clarification of the proposal. He asked, would this include convenience sales in addition to the gas sales. The Chair confirms that yes it is so. Chairman Fernandez asked the Board to please take a look at what this is about. Miami Shores is a residential area surrounded by a major metropolis. We are not Coral Gables or South Beach, or Hollywood Circle. We are a suburb that has always maintained its residential character. Keeping that in mind, in looking at that, Mr. Fernandez asked, what is being served for Miami Shores by doing this? Mr. Fernandez said that Mr. Snow makes an eloquent argument about the downtown corridor. But you have to look at what Mr. Snow does for a living in developing what is coming up Biscayne Blvd. Mr. Fernandez said: I respect what he is doing. At the same score, that is not what Miami Shores should be having. We need to be maintaining our residential character not turning it into a commercial area. We can have some commercial activity on 2nd Avenue, that is fine. The argument has been one that we shut it down. The circumstance is that this is a B2 district and he went over what the Village is divided by B1, B2, A1 and so forth. He mentioned Mr. Dacquisto’s proposal and the fact that Mr. Riley is a very persuasive person. The Chair explains what could happen if we change the B2 district and the impact it would have in our community. The Chair asked the Board to please read the letter from the Chief. He does not see the benefit of 24-hour gas station in Miami Shores. He mentioned a field trip he took late at night and mentioned what he noticed then. This is absolutely opposed to the core of the Shores values said the Chair as he concluded. Mr. Diaz expressed that he is very divided on this issue. He sympathizes with Mr. Urbieta being that he owns a business as well. We want to promote businesses in Miami Shores, but ultimately our responsibility is to protect our community. In looking at other gas stations operating in Miami Shores and they are doing just fine, the one here on 2nd Avenue and he spoke to the fact that they have been able to survive by offering other goods. He gave reasons why 24-hour operation is not good for the community. As much as he would like to help here, he does not feel that it would be good to have 24-hour operation. He mentioned a very vibrant business here downtown that is doing just fine with regular business hours. We are opening ourselves up to allowing this operator to go in and the deal could fall through and we are stuck with the same thing. I really think that because of the fact that it is not servicing our community and not going to help the community, Mr. Diaz is opposed to it. Motion to deny by Mr. Busta, Seconded by Mr. Diaz. Motion passes 4-1 with Mr. Snow voting against the Motion. 4) Council request: Planning board to hold a public hearing on an amendment to Chapter 14 Local Business Tax and Business Regulations to allow and regulate valet parking. a) Consider adoption of regulations to allow, permit and regulate valet parking in the village. Mr. Dacquisto gave a brief introduction for allowing valet parking and spoke about the regulations that are in place. Public Hearing now open: 1. Mr. Ricardo Heredia of 358 NE 105 Street. Mr. Heredia asked if this would take away from public parking. The Board gave a brief answer to his question. Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 6 2. Mr. Jerry Lanz of 246 NE 102 Street. He expressed how much he loves Miami Shores. He has lived in Miami Shores for many years. Changes are going to take place as we evolve, he said. He can and cannot see valet parking. He went over ways that valet parking can happen. Be very careful, he warns, and he is not in favor of this proposal. Public Hearing is now closed. The Board had discussion at this time about valet parking and the advantages it poses. The Board took a brief recess at this time. The Board re-convened at 8:26 PM. Motion to recommend approval to Council by Mr. Snow, seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. Ms. Hegedus made a suggestion on Item #6 on page 30 that the copy of the Agreement Contract be notarized. The Board had discussion at this time about valet parking. Mr. Dacquisto gave an explanation to the questions asked. The Board asked for clarification on the way this proposal reads. IV) MINUTES 1) March 23, 2017 Motion to approve Minutes with amendments by Mr. Snow, Ms. Hegedus Seconded the Motion and the vote was unanimous in favor of the Motion. V) BOARD MEMBER DISCLOSURES VI) TABLED ITEMS 1) PZ-2-17-20175: 1155 NE 104th Street, (Owner) Luis and Maria Guerra, (Applicant) Same, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 702 Hardship variance. Sec. 400 Schedule of Regulations; Side yard setback and rear yard setback: Division 15. Waterfront Lands, Sec. 534. Development. (1) and (4); Sec. 600. Item administratively tabled to next meeting. VII) NEW ITEMS 1) PZ-3-17-20179: 1069 NE 91st Terrace, (Owner) Michael Suman, (Applicant) Same, (Agent) Jose Gomez; 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. Motion to approve subject to Staff recommendations by Mr. Diaz; seconded by Mr. Snow and the vote was unanimous in favor of the Motion. 2) PZ-3-17-201711: 478 NE 92nd Street, (Owner) Thomas White and Christina White, (Applicant) Same, (Agent) Victor Bruce; Pursuant to Articles IV, V and VI of Appendix Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 7 A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval required. One and two-story addition. Motion to approve subject to Staff recommendations by Mr. Busta; sconce by Mr. Snow and the vote was unanimous in favor of the Motion. 3) PZ-3-17-201712: 10533 NE 3rd Court, (Owner) Mauro and Patricia Leder, (Applicant) Same, (Agent) Steve Luria; 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. Motion to approve subject to Staff recommendations by Mr. Diaz; seconded by Mr. Snow and the vote was unanimous in favor of the Motion. 4) PZ-3-17-201713: 218 NW 92nd Street, (Owner) Sergio Torres, (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. Garage conversion. Motion to approve subject to Staff recommendations by Mr. Snow; seconded by Mr. Diaz and the vote was unanimous in favor of the Motion. 5) PZ-3-17-201714: 1008 NE 94th Street, (Owner) Aaron Buchler, (Agent) Chris Fernandez; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. New Residence Public Comment: Mr. Morocco who lives on the East side of the proposed new residence. Mr. Morocco looked at the drawings. He has no objections to the project. Motion to approve subject to Staff’s recommendations with the provisions that the Air Compressors are relocated and not encroach into the rear setback that the owner adopt a covenant that the use is a single family residence by Ms. Hegedus; seconded by Mr. Snow. The Motion failed 3 against, 2 for with Mr. Snow and Ms. Hegedus voting for the Motion. Motion to approve subject to Staff’s recommendation and that the Air Conditioning units be relocated within the setbacks and to grant the request for a fence in the front pursuant to the Ordinance by Mr. Diaz; seconded by Mr. Busta. Motion passes 3 to 2 with Ms. Hegedus and Chairman Fernandez voting against the Motion. VIII) DISCUSSION The Board agreed to move these items to next workshop. 1) Future amendments. 2) Comprehensive Plan Update 3) Planning board procedures and requirements. IX) NEXT WORKSHOP –TBA. a) TBD. X) NEXT REGULAR BOARD HEARING – May 25, 2017. XI) ADJOURNMENT a) Adjourn. Miami Shores Village, Planning Board Meeting Minutes: April 27, 2017 8 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.