Last night, as it is customary for the 2nd Monday of the month, the Village Council held a Zoning Hearing to consider 5 zoning items. Residents attended in person and virtually. Approximately 30 viewers watched on Facebook as the quasi-judicial proceedings took place. After presentations by staff, testimony from experts and witnesses and Council discussion, the Village Council decided as follows:
Item 1:
Location: B-1 Zoning District
Applicant: Village of Palmetto Bay Municipality
Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND DEVELOPMENT AND ZONING; AMENDING THE ZONING CODE, SECTION 30-50.16, “B-1” “LIMITED BUSINESS DISTRICT” PROVIDING FOR B-1 ZONING CHANGES WITH REGARD TO: CLASSIFICATION OF USES, LOT DIMENSIONAL REGULATIONS, BUILDING HEIGHTS AND SETBACKS; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration) (Second Reading)
Planning staff presented a report showing several changes to the B-1 District, which refers to the Limited Business zoning district along the US 1 corridor. Those changes included language to exclude walk-up windows and operations that produce smoke closer than 300 feet of a residential property, include medical offices, and eliminate duplications and inconsistencies from the zoning code as it pertains to the B-1 District.
Item 2:
Location: B-2 Zoning District
Applicant: Village of Palmetto Bay Municipality
Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND DEVELOPMENT AND ZONING; AMENDING THE ZONING CODE, SECTION 30-50.17, “B-2” “BUSINESS DISTRICT” PROVIDING FOR B-2 ZONING CHANGES WITH REGARD TO: CLASSIFICATION OF USES, LOT DIMENSIONAL REGULATIONS, BUILDING HEIGHTS AND SETBACKS; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration) (Second Reading)
This area refers to the business district around Old Cutler Road. Changes on second reading include corrections having to do with heights to ensure that all sections of the code pertaining to this district limit height to 45 feet, language to prohibit uses that cause outdoor smoke or noxious odors closer than 300 feet of a residential area and the addition of provisions to allow the continuance of legally, non-conforming uses that have received zoning verification letters or for something that is already in the ground. Item passed and was enacted on second reading.
Item 3:
Location: Downtown
Applicant: Village of Palmetto Bay Municipality
Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND DEVELOPMENT AND ZONING; AMENDING THE ZONING CODE, SECTION 30-50.23, “DOWNTOWN”; PROVIDING FOR CHANGES TO SIDEWALK DIMENSIONAL REGULATIONS TO REDUCE ELEVEN (11)-FOOT WIDTH TO SIX (6) FEET THROUGHOUT THE DISTRICT EXCEPT ALONG FRANJO ROAD WHICH SHALL REQUIRE TEN (10) FEET IN WIDTH; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. (Sponsored by Administration) (First Reading)
The item proposes a revision of the language to allow for a 6-foot wide sidewalk throughout the Downtown District along what are considered to be "typical streets", which refer to all locations that are not on US 1, from the required 11-foot width. This would exclude Franjo Road where a 10-foot wide sidewalk would be required. According to the staff report the recommendation comes from the reevaluation of pedestrian connectivity by decreasing impervious hardscaped areas and increasing the pervious landscaped areas of multi-modal and pedestrian networks, creating more beautified green areas that aide in the reduction of stormwater runoff and surface urban temperatures while still providing adequate width for pedestrian mobility. The item must return to the Council on second reading before any changes are enacted.
Item 4:
Location:9000 SW 174th Street
Property Folio:33-5033-000-0220
Applicant: Fairchild Bay Subdivision, LLC
Application:VPB-21-002
Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY FLORIDA; AMENDING THE ZONING MAP, REFERRED TO IN SECTION 30-10.5 TO CHANGE THE ZONING DESIGNATION FROM “AGRICULTURAL” (“AG”), PERMITTING 1 SINGLE-FAMILY RESIDENTIAL UNIT PER 5 GROSS ACRES TO “ESTATE MODIFIED SINGLE-FAMILY” (“E-M”), PERMITTING ONE DWELLING UNIT PER 15,000 NET SQUARE FEET OF LAND; PROVIDING FOR CONFLICTING PROVISIONS AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading)
This ordinance was read on first reading. The Estate Modified Single Family residential would allow for single-family residential dwellings, home office, non-commercial boat piers, municipal buildings, recreation buildings, golf courses, day care, religious facilities, and group homes. The rezoning would only apply to the subject property. The applicant considered building 5 single family homes on the property. The item failed on first reading and will therefore not come back before Council for second reading.
Item 5:
Location:17777, 17901, 18001, 18101 OLD CUTLER ROAD
Property Folio:33-5035-013-0010; 33-5035-013-0020
Applicant:17777 OLD CUTLER ROAD, LLC A/K/A PALMETTO BAY VILLAGE CENTER
Application:VPB-16-005
Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, REQUESTING SITE PLAN APPROVAL FOR A MULTI-FAMILY DEVELOPMENT PURSUANT TO ORDINANCE 2016-14 AND RESOLUTION 2016-28; A REQUEST TO ACCEPT A SPECIAL WARRANTY DEED, A DECLARATION OF RESTRICTIONS, COVENANTS AND RESERVATIONS AND A RESTRICTIVE COVENANT.
At the hearing, the Village Attorney raised several issues regarding this application. One mater concerned the ability of the applicant to transfer residential development rights from a portion of the applicant’s property that is zoned “interim”. The other matter concerns the 1985 Covenant of Restrictions placed on the property by Miami-Dade County. A portion of the property identified in the Covenant can only have 140 residential units without a variance to increase density. However, in the current site plan, that property cannot be definitively identified. Additionally, the Village Attorney gave the opinion that despite previous advice to the Council, the 1985 Covenant is still in effect. The item was continued for the Zoning Hearing on November 15th.
