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MINUTES_PZ2018-04-26MIAMI SHORES VILLAGE PLANNING BOARD MEETING Village Hall Council Chambers 10050 NE 2 "d Avenue, Miami Shores April 26, 2018 THURSDAY, 6:30 P.M. In attendance: Richard Sarafan, Village Attorney Travis Kendall, Planning and Zoning Director Mariana Gracia, Clerk I) CALL TO ORDER 1) Roll Call Present: Mr. Harrison Bergman, Mr. Daniel Brady, Mr. David Snow, Ms. Irene Hegedus, Chairman John Busta. II) BOARD MEMBER DISCLOSURES — None disclosed. 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; I) MINUTES 1) March 22, 2018 Motion to approve Minutes of March 22, 2018 by Ms. Hegedus, seconded by Mr. Brady and the vote was unanimous in favor of the Motion. II) TABLED ITEMS 1) PZ- 3- 22 -18 -21 1205 NE 95' Street, Robert Bailey (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Exterior renovation (entry feature). Motion to move from tabled item by Mr. Bergman, seconded by Mr. Snow and the vote was unanimous in favor of the Motion. ��nrte� ly �• °°Fp'^ MIAMI SHORES VILLAGE DEPARTMENT OF PLANNING & ZONING 04 10050 NE 2n° Avenue Miami Shores, FL 33037 -2304 www.miamishoresvillage.com Main Number: 305 - 795 -2207 Fax Number: 305 - 756 -8972 Travis Kendall, Director MIAMI SHORES VILLAGE PLANNING BOARD MEETING Village Hall Council Chambers 10050 NE 2 "d Avenue, Miami Shores April 26, 2018 THURSDAY, 6:30 P.M. In attendance: Richard Sarafan, Village Attorney Travis Kendall, Planning and Zoning Director Mariana Gracia, Clerk I) CALL TO ORDER 1) Roll Call Present: Mr. Harrison Bergman, Mr. Daniel Brady, Mr. David Snow, Ms. Irene Hegedus, Chairman John Busta. II) BOARD MEMBER DISCLOSURES — None disclosed. 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; I) MINUTES 1) March 22, 2018 Motion to approve Minutes of March 22, 2018 by Ms. Hegedus, seconded by Mr. Brady and the vote was unanimous in favor of the Motion. II) TABLED ITEMS 1) PZ- 3- 22 -18 -21 1205 NE 95' Street, Robert Bailey (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Exterior renovation (entry feature). Motion to move from tabled item by Mr. Bergman, seconded by Mr. Snow and the vote was unanimous in favor of the Motion. Motion to approve subject to Staff's recommendations by Mr. Brady, seconded by Mr. Bergman and the vote was unanimous in favor of the Motion. III) NEW ITEMS 1) PZ- 4- 26 -18 -23 319 Grand Concourse, Bijan Toghiani & Kristen Robinson (Owners), have filed an application for site plan review before the Planning Board on the above property. The applicants seek approval: 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, for an addition. Motion to approve subject to Staffs recommendations with the additional condition that all sidewalks leading to doors remain 5 feet away or match the contour of the sidewalks away from the house by Ms. Hegedus, seconded by Mr. Brady and the vote was unanimous in favor of the Motion. 2) PZ- 4- 26 -18 -24 9204 NE 3' Avenue Miami Shores FL 33138, Nick Schroeder and Jordan Delaney (Owners), have filed an application for site plan review before the Planning Board on the above property. The applicants seek approval: 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, for an addition. Mr. Victor Bruce clarified that this is an addendum to their approved plans before the P &Z Board. Motion to approve subject to Staffs recommendations for additional space on the second floor by Mr. Brady, seconded by Ms. Hegedus and the vote was unanimous in favor of the Motion. 3) PZ- 4- 26 -18 -25 9104 NE 10 Avenue, Rafael Cordero (Owner), (Agent) Cesar Molina; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review for a garage conversion. Motion to approve subject to Staffs recommendations with the condition that the windows throughout the house remain consistent with existing windows by Ms. Hegedus, seconded by Mr. Snow and the vote was unanimous in favor of the Motion. 4) PZ- 4- 26 -18 -26 9723 NE 2 "d Avenue, (Owner) 9723 Ne 2nd Avenue LLC, (Applicant) Todd Singer, (Agent) Meri Brewster; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Signs. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Ms. Hegedus and the vote was unanimous in favor of the Motion. 5) PZ- 4- 26 -18 -27 9430 Biscayne Blvd, Tajha LLC (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval for an addition. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Brady and the vote was unanimous in favor of the Motion. Miami Shores Village, Planning Board Meeting 2 6) PZ- 4- 26 -18 -28 9801 NE 2 "d Avenue, 9801 Park LLC (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review. Motion to approve subject to Staff's recommendations with the addition to include that the material shall be permeable to ensure adequate drainage and irrigation for landscape feature subject to Public Works review by Mr. Snow, seconded by Mr. Brady and the vote was unanimous in favor of the Motion. 7) PZ- 4- 26 -18 -29 398 NE 100 Street, Paul & Mildred Majoros, (Owners), have filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval for a garage conversion. Motion to approve subject to Staff's recommendations by Ms. Hegedus, seconded by Mr. Snow and the vote was unanimous in favor of the Motion. 8) PZ- 4- 26- 18 -30: 9050 Biscayne Blvd, (Owner) Northern Trust Bank, (Applicant) Starbucks, (Agent) Art Sign Company; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Signs. Motion to approve subject to Staff's recommendations by Mr. Snow, seconded by Mr. Bergman and the vote was unanimous in favor of the Motion. 9) PZ- 4- 26 -18 -31 : 123 NW 109t" Street, (Owner) Marie Bobo, has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Exterior renovation (entry feature). Motion to table by Mr. Brady, seconded by Mr. Bergman and the vote was unanimous in favor of the Motion. 10) PZ- 4- 26 -18 -32 46 NE 93rd Street, Marcos Ledesma (Owner), has filed an application for site plan review before the Planning Board on the above property. The applicant seeks approval: Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations and Sec. 600. Site plan review and approval for a garage conversion Motion to approve subject to Staff's recommendations with two additional conditions that the driveway conform to the standards required and that the additional windows conform with the existing windows and that Staff will review when permitting by Mr. Brady, seconded by Mr. Bergman and the vote was unanimous in favor of the Motion. 11) PZ- 4- 26- 18 -33: 9628 NE 2 "d Avenue, (Owner) Palazzo Leoni LLC, (Applicant) Greater Miami Chamber of Commerce, (Agent) None; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, Sec. 504. (f), (g) (2) and Sec. 600. Site plan review and approval required. Change of Use. Staff recommends hearing this application without the owner's presence, Mr. Todd Leoni is out of the country. Miami Shores Village, Planning Board Meeting Motion to approve subject to Staff's recommendations by Mr. Snow, seconded by Ms. Hegedus and the vote was unanimous in favor of the Motion. IV) CONTINUED ITEMS: a) Fences Walls and Hedges in front yards' adjacent parks Mr. Kendall introduced this item with a brief explanation as to the proposal for 6 foot fences, walls, hedges adjacent to parks. Staff recommendation is for approval. Public Hearing now open: Attorney Tom Robertson with Calverdell, Fernandez and Marquez law firm at 200 S. Biscayne Blvd., Suite 850. He is here representing the Bernard's that were here seeking a variance a few months ago. Mr. Robertson proceeded to present their case as to allow a 6 -foot fence facing the park for privacy. The variance was denied. Mr. Robertson states that he is very pleased with Staff's recommendations. The Board asked questions. The Board made comments about fences around parks. Public Hearing now closed. Mr. Sarafan states that the Board is now in the legislative part of the hearing and gave direction to the Board as to what they are to consider, not to consider a particular residence. There was discussion by the Board and Staff at this time about this issue. Mr. Sarafan gave an example of a variance that had been considered in the past and made his point as to what is being considered by the Board. The Board requested more information from Staff to assist them. Staff informs that there is at least one other lot within the Village that meets the requirements for this. The Board had comments and expressed support for this legislation provided that the language be clarified. Motion to recommend to Council that 6 foot fences, hedges along property lines contiguous to parks but only to the extent of the contiguous property line fronting the property on this park including that area that is considered the front yard only for that portion adjacent to the park by Mr. Bergman, seconded by Ms. Hegedus and the vote was unanimous in favor of the Motion. Mr. Brady amended the Motion to request Staff to provide the Board with an Ordinance which they can review that there is no approval and any recommendation of any kind in any particular ordinance be approved simply that an ordinance addressing the issue be prepared by Staff and presented to the P & Z Board, seconded by Mr. Bergman and the vote was unanimous in favor of the amended Motion. Staff clarifies that the Ordinances that he drafts are only proposals to Council and that Council can change them if they wish to. Discussion took place at this time regarding the drafting of ordinances b) Generators in the Front Yard Staff gave a brief presentation about generators in the front yard. Miami Shores Village, Planning Board Meeting 4 Discussion took place about the issue of noise and the type of generators that will minimize the impact. The Board suggests putting the generators on 6 foot platforms and that should solve the issue. Staff recommends only in property zoned VE. There was discussion about the legislation as drafted. There was discussion about the document provided by Staff to view all the municipalities that allow generators in the different setbacks. The Board does not have a problem with the legislation but expressed that the residents have reservations regarding generators in the front yard. Discussion took place at this time about the impact that this would have on the residents. Staff clarifies that he is not referring to the first 25 feet of the forward portion of the property. We are only considering VE zones. Staff mentioned that the elevated generators by the water were inundated by last hurricane waives. The Board as a majority is not for changing this legislation and would like to see more support from the community. The Board would like to leave it just the way it is. 3 for -2 against. Staff proposes to bring the legislation back after the hurricane season this year. V) PUBLIC HEARING ITEMS a) Rear additions of less than 750 square feet shall not require Planning and Zoning Approval Staff gave a brief presentation at to his recommendation to administratively approving rear additions of less than 750 square feet without the Planning and Zoning Approval. There was Board discussion as to how big a 750 square feet would be, they are in agreement that it is a big addition. Further discussion as to what kind of additions would be considered for this change. 400 square feet is the number that the Board feels is to be considered by Staff administratively approved. Discussion took place about the size of these additions by the Board and Staff. Anything above 400 square feet would have to come before the Board. The Board is in agreement with this change. Public Hearing now open. There are no members of the public present. Public Hearing now closed. Miami Shores Village, Planning Board Meeting b) Finished Floor elevations shall be measured from the minimum fema floodplain elevation requirement in determining maximum permitted height. Reduction of the maximum permitted height in VE 11 zones to from 37(currently) to 30, and clarify the code to read the maximum permitted height in a residential district is 2 stories not to exceed thirty feet. Staff gave a brief presentation about this finished floor elevations according to fema floodplain elevation and what the code currently permits. Discussion took place about the elevations number and where it should be measured from. Miami Shores is 2 feet above fema flood plain elevation. The Board asked questions and Staff gave his interpretation of the mean height. Swimming pools on the roof were mentioned briefly. Mr. Sarafan read into the record the current code for building height. The current definition of building level was read into the record by Mr. Sarafan. The Board asked questions about zones and legal heights. There was consensus to bring the item back before the Board. VIII) DISCUSSION IX) NEXT REGULAR BOARD HEARING — May 24, 2018. X) 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. Miami Shores Village, Planning Board Meeting