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2021-06-10 PB Minutes 1 PLANNING AND ZONING MEETING MINUTES DATE: 6-10-2021 TIME: 6:39 PM COUNCIL CHAMBERS 1) CALL TO ORDER Vice Chair Snow called the meeting to order at 6:39 PM. SWEARING IN OF WITNESSES by Richard Sarafan, 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.” 2) ROLL CALL Present: Vice Chair Snow Ms. Hegedus Mr. Brady Mr. Bolton Absent: Chairman Busta – Excused Abense 3) MINUTES 3. A Approval of the Minutes for April 22, 2021 Motion to approve the minutes for April 22, 2019 made by Mr. Brady, seconded by Mr. Bolton and the Motion was approved 4-0. P&Z April 22, 2021 Meeting Minutes.pdf ACTION ITEM(S): PUBLIC HEARING(S) - NONE 2 4) TABLED ITEMS 4. A STPL-000018-2021 1060 NE 95st Street (Applicant) Ari Pregen and Mellisa Schacter (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 for a garage conversion. STPL-000018-2021_18__Gconversionandreno_wcovenant.pdf 1060 NE 95 ST - Application.pdf 1060 NE 95 ST - Plans.pdf Motion to un-table the item by Mr. Brady, seconded by Mr. Bolton and the Motion was approved 4-0. Board member disclosure by Mr. Brady - He knows the owner of 1060 NE 95 Street. There were no other Board member disclosures. Staff presented the item and his recommendation for approval. The applicant, Mr. Ari Pregen does not have questions for Staff. The Applicant proceeded to present. He proceeded to ask for a variance. Mr. Sarafan said that a variance is not before the Board today. Public Comment Open There was no Public Comment. Public Comment Closed. Motion to approve subject to Staff's recommendations by Mr. Brady, seconded by Mr. Bolton and the Motion was approved 3-1 with Ms. Hegedus voting against the Motion. 5) NEW ITEMS 5. A STPL-000032-2021 260 NE 95 Street (Applicant) Santiago Martinez (Agent) Lou Kallinosis; 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 for an addition. Staff presented the item comprised of a two story addition and stood for questions. There were no questions for Staff. The Applicant and Agent Mr. Martinez and Mr. Kallinosis were present. Mr. Kallinosis thanked the Board. The Board asked questions. There was no public comment. Motion to approve subject to Staff's recommendations and that the windows in the rear and right lowest elevation all be the same by Ms. Hegedus, seconded by Mr. Brady and the Motion was approved 4-0. STPL-000032-2021_32_Santiago_twostoryAddition.pdf 3 260 NE 95 Street - Application.pdf 260 NE 95 Street - Plans.pdf 5. B STPL-000034-2021 1251 NE 94th Street (Applicant) Jonathan Taborda (Agent) Jairo Delgado; Pursuant to Articles VI of Code of Ordinances, Sec. 8.5-17, Appeal of Substantial Improvement Determination. Staff gave an in-depth presentation about the substantial improvement determination. The Board did not have question from Staff. Mr. Ismael Naranjo, Building Official was introduced by Staff. Mr. Naranjo proceeded to give the Board information to support his decision to deny the permit application for Substantial Improvement. The Board asked questions about the value of the house. Discussion in pursuit of the information provided and the actual value of the improvement. The Applicant, Mr. Jonathan Taborda proceeded to testify that he was aware of the fact that some work was done without permit but it was not his intention. Mr. Carlos Vaya, General Contractor testified that the first thing he wanted to do was to meet with Mr. Naranjo. The Building Official expressed his willingness to do whatever it takes to assist the applicant in getting the permits they need. It became apparent that the value of the project was so close to being below the 50% limit that some adjustments to the planned work might resolve the issue. Mr. Sarafan suggested the Board consider tabling the item to allow further efforts in that regard and the Applicant agreed. Motion to table to next month meeting (July 22, 2021) by Mr. Brady, seconded by Ms. Hegedus and the Motion was approved 4-0. STPL-000034-2021_34_Taborda_appealsubimp.pdf 1251 NE 94 Street - Application.pdf 1251 NE 94 Street - Plans.pdf 5. C STPL-000035-2021 9534 NE 2nd Avenue, (Applicant) Loecava LLC (Agent) Stephanie Adams; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations. Site plan review for a change of use and sign. Staff presented the item and recommended approval of this item. The Board asked questions. The Applicant gave a short presentation. There was no public comment. Motion to approve subject to Staff's recommendations by Mr. Bolton, seconded by Mr. Brady and the Motion was approved 4-0. STPL-000035-2021_35_Sobremesa_Changeofuse.pdf 9534 NE 2 Avenue - Application and Plans.pdf 4 5. D STPL-000036-2021 730 NE 101 Street, (Applicant) Carla Anzaldi (Agent) Ariel Villella; 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 for a garage conversion and addition. Staff gave a presentation for the garage conversion and recommended approval. There were no questions from the Board to Staff. Agent, Ariel Villella gave a short presentation and stood for questions. There were no questions from the Board to Applicant. There was no public comment. Motion to approve subject to Staff's recommendations by Ms. Hegedus, seconded by Mr. Brady and the Motion was approved 4-0. STPL-000036-2021_36_Anzaldi_twostoryAddition.pdf 730 NE 101 Street - Application.pdf 730 NE 101 Street - Plans.pdf 5. E STPL-000037-2021 391 NE 103 Street (Applicant) Paula Jackson (Agent) South Winds Construction Group; 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 for an addition, and garage conversion. Staff gave a short presentation for the addition and garage conversion and recommended approval of the item with conditions attached. There were no questions from the Board to Staff. There was no public comment. Motion to approve subject to Staff's recommendations by Ms. Hegedus, seconded by Mr. Bolton and the Motion was approved 4-0. STPL-000037-2021_37_Jackson_Gconversionandadd.pdf 391 NE 103 Street - Application.pdf 391 NE 103 Street - Plans.pdf 5. F SPECIAL PLANNING BOARD HEARING JUNE 10, 2021 STPL-000031-2021 230 NE 97th Street, (Applicant) Lance Harke (Agent) Jennifer McConney; Pursuant to Articles X, Sec. 1001. Consideration for site plan approval and a rezoning for a portion of a parcel from Parking to B-1. Staff gave an in depth presentation of the application. The legal department explained that the application is asking to go from parking to B1 commercial. Staff provided maps to the Board. The Board asked questions. There will be minimum impact to the downtown area. 5 The Applicant Jennifer McConney gave some background information about her application. The new site will be a one story small office. She is willing to compromise with the Board and offered placement of a restricted covenant limiting the height of development to no more than 2 stories and proving for a 30’ buffer. Staff confirmed that for the purpose of amendment has been noticed appropriately. Mailings were done to each resident within 500 feet. Letters of support have been received. Discussion by the Board regarding parking on site. Discussion about zoning and commercial use. The Board discussed appropriate use in area of town we are trying to redevelop. The uses of a B1 was read into the record by Mr. Sarafan. One of the uses being office operation and Architect amongst the uses in B1. Amongst uses not permitted are gas service stations. FLUM and the Rezone Amendment should be considered separately by Vice Chair Snow. Public Comment Open: 1. Mr. John Copeland, resides at 240 NE 97 Street, neighbor. Spoke in support of this application. Public Comment Closed. 1- FLUM -Recommendation from the Planning Board that the Council approve and forward to the State an Amendment to the Comprehensive Plan to re-designate this site from parking to commercial use contingent on proffered covenant by Mr. Brady, seconded by Mr. Bolton and the Motion was approved 4-0. Zoning to B1- Motion to recommend that the Council approve of a change in zoning from parking to B1 consistent and contingent on the Council approval of the Comprehensive Plan Amendment and in reliance of the covenants proffered by the Applicant made by Ms. Hegedus, seconded by Mr. Bolton and the Motion was approved 4-0. Motion to Table the Site Plan Review contingent upon the FLUM and Rezoning Approval by Council and State made by Mr. Brady, seconded by Ms. Hegedus and the Motion was approved 4-0. 6) CONTINUED ITEMS-NONE 7) BOARD MEMBER COMMENTS - No Board Member Comments 8) NEXT REGULAR BOARD HEARING – June 24, 2021 9) ADJOURNMENT - The Meeting Adjourned at 9:30 PM. Motion to Adjourn by Mr. Brady, seconded by Vice Chair Snow and the Motion was approved 4-0.