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PB MINS 01-27-04  CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 27, 2004 City Commission Chambers 7:30 P.M. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:30 P.M. Action: The Pledge of Allegiance was recited in unison. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Liddy, Mr. Comendeiro, Ms. Yates, Ms. Gibson, and Mr. Mann. Board members absent: Mr. Illas. City staff present: Sanford A. Youkilis, AICP (Acting Planning and Zoning Director), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Administrative Matters (Mr. Morton swore in speakers) Mr. Youkilis informed the Board that the next meeting of Febraury 10, 2004 would be cancelled due to a conflict with City elections. The Commission Chambers will be used for the voting machines. IV. Planning Board Application / Public Hearings PB-03-025 Applicant: Eduardo Rodriguez, Jr. Request: A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO ALLOW FOR THE CREATION OF TWO BUILDABLE LOTS AS PERMITTED BY PROVISIONS SET FORTH IN SECTION 20-4.2(B) OF THE SOUTH MIAMI LAND DEVELOPMENT CODE AND SECTION 28-4 OF THE MIAMI DADE COUNTY CODE PERTAINING TO A WAIVER OF PLAT FOR PROPERTY LOCATED AT 6200 SW 67 AVENUE, SOUTH MIAMI, FLORIDA WITHIN AN “RS-3” LOW DENSITY SINGLE FAMILY RESIDENTIAL ZONING USE DISTRICT; PROVIDING FOR A LEGAL DESCRIPTION; AND PROVIDING FOR AN EEFFECTIVE DATE. Action: Mr. Morton read the item into record and Mr. Youkilis presented the staff report. The applicant’s request consisted of a waiver of plat in order to divide a 1.15 acre tract of land located at 6200 SW 67th Avenue into two building sites. At the Planning Board meeting of November 25, 2003, the Board deferred a similiar waiver of plat request and a variance request to create two building sites. During that meeting, several Board members strongly suggested that the applicant should consider revising his application to avoid a variance request. The applicant has revised his application of waiver of plat to increase the size of the new parcel and to create a curvilinear street frontage meeting the required lot frontage. Mr. Youkilis further stated that the waiver of plat application has met the basic criteria related to lot size, non-conformity, and encroahments. He recommended that the waiver of plat application be approved with the condition that the owner dedicates to the City the new right of way (982sq. ft.) used to create the expanded street frontage for the property. Ms. Ines Marrero, representative for the applicant, thanked the Board and staff for their comments and guidance on the waiver of plat process. Ms. Marrero informed the Board that Mr. Eduardo Rodriguez, Jr currently is the owner of the property and he will accept the conditions and preserve the trees and the character of the property. Furthermore, the applicant stated he would not further sub-divide the property. At this point, Mr. Morton opened the public hearing. Applicant: Eduardo Rodriguez Jr. 6200 SW 67 Ave. Ines Marrero 1 SE 3 Ave. -representative for the applicant Speakers: NAME ADDRESS Tony Sellers 6310 SW 67 Ave. -supported application Mr. Sellers stated that he was a speaker at the Planning Board meeting of November 25, 2003, at which time he voiced his opposition, however, he was now in complete favor of the application because the applicant took into consideration the neighbors’ concerns and addressed them properly. Mr. Commediero wanted the record to show that the applicant has promised to save as many trees as possible on the subject property. Motion: Ms. Yates moved to approve the waiver of plat application with the condition that the owner dedicates to the City the new right of way (982sq. ft.) used to create the expanded street frontage for the property. Mr. Comendeiro seconded the motion. The motion was approved by the following vote. Vote: Ayes 6 Nays 0 V. Planning Board Work Program Action: Mr. Youkilis presented to the Board two additional chapters of the Land Development Code (LDC) Amendments, as recommended by the Zoning Task Force. He explained that the Board at its October 14, 2003 meeting reviewed two chapters of the new LDC, Chapter III Administration (20-3) and Chapter VII Supplemental Regulations (20-7). After review and minor modifications the Board approved both chapters. Mr. Youkilis advised that at tonight’s meeting, Chapter I Purpose, Authority, Enforcement, Definitions and Chapter IV Chapter IV Development Review Process would be reviewed. During 2002 the City’s Zoning Task Force individually reviewed and voted upon each one of the 11 chapters which will constitute the revised Land Development Code. At a meeting on April 3, 2002, the Zoning Task Force reviewed both Chapters I and IV and took action recommending accepting the draft as prepared by staff, however, it was suggested that certain sections be re-studied. Chapter I Purpose, Authority, Enforcement, Definitions (20-1) Mr. Youkilis pointed out that this chapter combines into one chapter, three of the existing 10 articles in the current Land Development Code. The Definition section, Article 20-1.5, brings together all of the definitions contained in multiple locations throughout the current LDC document. Repetitive definitions have been eliminated and a number of definitions have been clarified or updated. During discussion it was suggested that definitions for adult day care and for Local Planning Agency be added. Several minor corrections and revisions were suggested. Mr. Youkilis requested Board members at the end of the meeting to turn in their draft copies if it contained spelling , grammar, or numbering corrections. Motion: Mr. Mann moved to accept the chapter with the changes / modifications proposed by the Board.. Ms. Yates seconded the motion. The motion was approved by the following vote: Vote: Ayes 6 Nays 0 Chapter IV Development Review Process Mr. Youkilis explained that Chapter IV combines the various development review processes with the specific submittal requirements for each application type. It clarifies what is required for each type of application. A new section on applications for conditional uses (new category recommended by the Task Force) has been added. The procedures for review of various types of historic preservation permits have been combined into one section and expanded to include notification. Mr. Youkilis distributed a revised p.22 which updated a new section creating an expanded site plan review process. (Sec.20-4.37(C) Preliminary Site Plan Review). He pointed out that the new process would require all new construction (other than single family) to be reviewed and commented upon by a City departmental review committee, before the item is formally presented to the Planning Board or Design Review Board. In addition, all new construction projects must be posted at the site prior to its review by the Design Review Board. The chapter concludes with an article on appeals, which brings together all of the appeal provisions currently located in different sections of the LDC. During discussion several members requested that the City Attorney be asked if the administrative waiver decision notice should be mandatory instead of a courtesy. Several minor corrections and revisions were suggested. Motion: Mr. Comendeiro moved to approve revised p.22 (Sec.20-4.37(C) Preliminary Site Plan Review as an insert in Chapter 4. Ms. Yates seconded the motion. The motion was approved by the following vote: Vote: Ayes 6 Nays 0 Motion: Mr. Mann moved to approve Chapter 4 of the Land Development Code with the changes / modifications proposed by the Board including request for legal opinion on those sections specified. Ms. Yates seconded the motion. The motion was approved by the following vote: Vote: Ayes 6 Nays 0 Remarks The Board and staff remarks included but were not limited to: 1) Mr. Comendeiro inquired about Board members absenteeism and the regulation regarding the absences. Mr. Youkilis informed that a Board member would have had to miss three consecutive meeting or five meetings in a year for him/her to be removed from the Board, according to the LDC. Mr. Youkilis further stated he would report any member that has met that criteria. Mr. Morton asked about whether an alternate members can be selected. Mr. Youkilis responded that according to the City attorney, an alternate members can not be chosen. Mr. Mann wanted to publicly comment on the median of SW 64 Street landscaping and commend the City and the CRA for the clean-up and replanting which has greatly improved the median. VII. Approval of Minutes Action: The Board duly voted on and approved the minutes of January 13, 2004, as submitted. Vote: Ayes 6 Nays 0 VIII. Next Meeting Action: Mr. Youkilis informed the Board the next Planning Board meeting will be held on February 24, 2004. IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 9:45 PM. SAY K:\PB\PB Minutes\2004 Minutes\MINS 1-27-04.doc