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MINUTES_PZ17-06-22 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 22, 2017 THURSDAY, 7:00 P.M. In attendance: David Dacquisto, Planning and Zoning Director Omar Bradford, Assistant Village Attorney Mariana Gracia, Clerk I) CALL TO ORDER 1) Roll Call Present: Mr. John Busta, Mr. David Snow, Ms. Irene Hegedus, Chairman Richard Fernandez. Absent: Mr. Carlos Diaz Note: Chairman Fernandez informed the Board that Mr. Diaz will be living us. He is moving up north. Chairman Fernandez welcomed Omar Bradford, Assistant Village Attorney. II) BOARD MEMBER DISCLOSURES There were no board member’s disclosures. 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 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. Mr. Dacquisto read into the record what the proposal entails. He mentioned that the Board has talked about this a few times before. It is up to the Board to recommend to the Village Council now. Public Hearing is now open. No members of the public are present to comment. Miami Shores Village, Planning Board Meeting Minutes: June 22, 2017 2 Public Hearing is now closed. Mr. Snow Motion to recommend denial, not to proceed with the amendment. Board discussion took place at this time. The Board made some comments. Motion Seconded by Ms. Hegedus. Motion passed 4-0 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. Mr. Dacquisto gave a brief introduction as to the item being considered. Public Hearing is now open. No members of the public are present to comment. Public Hearing is now closed. Mr. Snow Motion to recommend approval of the Ordinance for the Architectural Design Manual as is. Motion Seconded by Mr. Busta. Board discussion took place at this time regarding parking. Vote Passed 3-1 with Chairman Fernandez voting against the Motion. 3) Staff request: Planning board to hold hearing to amend the code deleting planning and building review of swale projects and provide for review by the public works department, Chapter 20 and Appendix A Zoning Sec. 521. a) Consider adoption of “Public Works Permits” and Village Code of Ordinance amendments to apply the regulations. Mr. Dacquisto gave a brief introduction about the proposed adoption of this Ordinance. He said that Mr. Chris Miranda from the Public Works Department is present for questions. Staff is asking that this Ordinance be approved. Public Hearing now open. No members of the public are present to comment. Public Hearing is now closed. Ms. Hegedus Motion to recommend approval of the swales to be incorporated to the Public Works permitting process as long as the Public Works standards or regulations are modified to incorporate the standards being applied in the permitting process. Mr. Dacquisto will draft a set of policies for this item. Motion Seconded by Mr. Snow. Miami Shores Village, Planning Board Meeting Minutes: June 22, 2017 3 Board discussion took place at this time. The Chair has a concern that there is no appeal process provided. He asked that the City Attorney should address this issue. Motion passed 4-0 I) MINUTES 1) May 25, 2017 Mr. Busta Motion to approve the minutes of May 25, 2017. Seconded by Ms. Hegedus and the vote passed 4-0. II) 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. Mr. Snow Motion to lift Item from table. Seconded by Mr. Busta and the vote passed 4-0. Mr. Dacquisto gave a brief explanation of where this item is in the process. He asked that the item be tabled again. The Board discussion took place at this time. The Chair suggested a Motion to table to a certain time. Further Board discussion took place. Mr. Dacquisto informed the Board that the applicant was told by the Building Official as to what he needed to do. He gave all the details about the case. The Board commented that it has been four months and we have not heard from the Applicant. Mr. Busta informed the Board about the amount of monies that was forgiven and settled for an amount of somewhere in the $9,000.00. Staff informed the Board that Mr. Guerra was aware that the item had been tabled to the June Hearing. Mr. and Mrs. Guerra were not present. Mr. Dacquisto informed the Board that the Application is for a Variance to construct a deck across the back of Mr. Guerra’s property and a dock lower over the water. The proposed deck on top runs from property line to property line. There are no setbacks accounted for. The Chair noted that we have taken testimony on this item and that the Applicant had an opportunity to come before this Board before. Staff states that the item has been properly posted on the website. Miami Shores Village, Planning Board Meeting Minutes: June 22, 2017 4 Mr. Busta made a Motion to deny the application. Seconded by Mr. Snow and the vote passed 4-0. VII) NEW ITEMS 1) PZ-5-17-201724: 391 NE 103rd Street, (Owner) Paula Jackson, (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. One-story addition. Ms. Paula Jackson of 391 NE 103rd Street was present. Mr. Dacquisto gave a brief presentation about this item. The Board asked questions of Mr. Dacquisto. Mr. Dacquisto informed the Board that this was an application for a flat roof that is permitted as long as it is not seen from the front. The Board expressed concern about the gutter located in the back of the house and all the water pouring into the pool. Mr. Dacquisto informed the Board that this will be taken care of by the Building Official. The Applicant says that the color can be any color that is approved she just needs some shade in the back of the house. The Chair said that he had no problem with Mr. Dacquisto making decisions for this kinds of Applications, but that Mr. Dacquisto will be leaving in January and we don’t know who is coming in his place. Mr. Dacquisto said that one of his conditions is that the approval is pending the Building Official approval. The Applicant gave a brief presentation about what she is allowed to do to give a little shade in the back of her property. Mr. Busta made a Motion to approve subject to Staff’s recommendations. Seconded by Mr. Snow and the vote passed 4-0. VIII) DISCUSSION 1) Future amendments. Mr. Dacquisto said that this item will be discussed at our next workshop in July 13, 2017. He asked the Board to give Staff any information they might want to share before the meeting and Staff will disseminate accordingly. 2) Comprehensive Plan Update Board discussion took place at this time. Mr. Dacquisto said that we are almost a year behind schedule on this item. He gave the reasons why this is the case. He is hoping that we could push it through to Council. Miami Shores Village, Planning Board Meeting Minutes: June 22, 2017 5 The Board asked questions. Mr. Dacquisto would like additional thoughts from the Board. He said that new ideas are welcomed. Mr. Dacquisto said that there was a time when he would approve things of this nature without it coming before the Board. The Board does not deal with sheds that is handled administratively. 3) Planning board procedures and requirements. To be discussed at next workshop July 13, 2017. Mr. Dacquisto informed the Board that the second Thursday of the month works better for the workshops. IX) NEXT WORKSHOP –July 13, 2017. a) TBD. X) NEXT REGULAR BOARD HEARING –July 27, 2017. Note: There is no August meeting, the board meets September 14, 2017 XI) ADJOURNMENT a) Adjourn 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.