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2021-10-28 PB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk Ge PLANNING AND ZONING MEETING MINUTES DATE: October 28, 2021 TIME: 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting was called to order at 6:00 PM by Chairman Busta. 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: Mr. Brady Mr. Snow Mr. Bolton Chairman Busta Absent: Ms. Hegedus - Excused Absence Also present: Richard Sarafan, Village Attorney Travis Kendall, Planning and Zoning Director Mariana Gracia, Planning and Zoning Clerk Board member disclosures: Mr. Brady visited 1115 NE 91 Street and 1501 NE 103 Street. Mr. Bolton visited 1501 NE 103 Street. 3) MINUTES 1 Mr. Brady made a Motion to approve the minutes of September 30, 2021, seconded by Mr. Snow and the Motion was approved 4-0. 3.A Approval of the Minutes - September 30, 2021 P&Z Minutes for September 30 2021.pdf 4) TABLED ITEMS 4.A STPL-000068-2021 1115 NE 91st Street (Applicant) Dywaine Martin (Agent) Juan Zapata 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 new single family home Motion to un-table the item by Mr. Brady, Seconded by Mr. Snow and the Motion was approved 4-0. Staff made a short presentation an recommended approval with the conditions attached. There were no question from the Board to Mr. Kendall. Mr. Zapata made a short presentation and stood for questions. The Board asked questions and expressed concern about the massive building. The Board expressed appreciation for the changes made to the application. There was no Public Comment. Motion to approve with the conditions attached made by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0. STPL-000068-2021 _68_Martin_Newconst. pdf 1115 NE 91 Street - Application.pdf 1115 NE 91 Street - Plans 10-18-2021.pdf 4.B STPL-000071-2021(a) 10050 Biscayne Boulevard (Applicant) ICUC Holdings Inc. (Agent) Stern & Stern Properties; Robert Bailine (Greenberg Traurig); Pursuant to Florida statutes 163.3161, 163.3184, and 163.3187 requesting a recommendation to be forwarded to the Village Council to amend the adopted Future Land Use Map from Multi -Family Residential, to Commercial. STPL-000071-2021(b) 10050 Biscayne Boulevard (Applicant) ICUC Holdings Inc. (Agent) Stern & Stern Properties; Robert Bailine (Greenberg Traurig); Requesting a recommendation to be forwarded to the Village Council to amend the adopted Zoning Map from Motel/Multi-Family Residential, to Commercial. This Item was heard at the end of the Agenda to accommodate. STPL-000071-2021_71b_Hotel_Zoningrezone_Staff Report_Newconst.pdf 10500 Biscayne Blvd. - Application.pdf 10500 Biscayne Blvd. - Plans 10-18-2021.pdf 5) NEW ITEMS 5.A STPL-000077-2021 1280 NE 105th Street, (Applicant) Miami Shores Villas LLC (Agent) Southern Marine; 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 new dock. Staff made a short presentation and recommended approval with the conditions attached. The Board asked questions. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Bolton and the Motion was approved 4-0. STPL-000077-2021 _77_Miamishoresvillas_Dock. pdf 1280 NE 105 Street - Application.pdf 1280 NE 105 Street - Survey and Plans.pdf 5.B STPL-000078-2021 443 NE 94th Street, (Applicant) Paolo & Itziar Dina (Agent) Seth Long; 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 gave a short presentation about the application and recommended approval with the conditions attached. There were no questions from the Board to Staff. The applicant preferred not to present and stood for questions. The Board asked questions. The applicant introduced some pictures to the Board. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0. STPL-000078-2021 _78_Dina_addition. pdf 443 NE 94 Street - Application.pdf 443 NE 94 Street - Plans.pdf 5.0 STPL-000079-2021 1015 NE 97th Street (Applicant) Diego Cruces and Elisa Robbin (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. Staff made a short presentation and recommended approval with the conditions attached. The Board asked questions. The applicant did not wish to present. The Board commented on the relatively minor renovation. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Brady and the Motion was approved 4-0. STPL-000079-2021 _79_Robbin_Gconversion. pdf 1015 NE 97 Street - Application.pdf 1015 NE 97 Street - Plans.pdf 5.D STPL-000080-2021 54 NW 95 Street (Applicant) Laritza Rosales (Agent) Carmen Diaz; 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 gave a short presentation and recommended approval with the conditions attached to include a restricted covenant included in #8 of the Staff report. There were no questions from the Board. The Board asked applicant about a landscape plan. Applicant responded that there will not be any trees cut, on the contrary they will add trees. There was no public comment. Motion to approve subject to Staffs recommendations with a restricted covenant that the house will remain a single home by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0. STPL-000080-2021 _80_Rosales_addition. pdf 54 NW 95 Street - Application. pdf 54 NW 95 Street - Plans.pdf 54 NW 95 Street - Survey.pdf 5.E STPL-000082-2021 190 NW 93rd Street (Applicant) J Cobb Investements LLC (Agent) Alter Gambarte & Ivonne Sanchez; 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 made a short presentation and recommended approval with the conditions attached. There were no questions to Staff. The roof will be Barrel tile material. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Brady and the Motion was approved 4-0. STPL-000082-2021 _82_Cobb_addition. pdf 190 NW 93 Street - Application. pdf 190 NW 93 Street - Plans.pdf 55 STPL-000083-2021 1501 NE103 Street (Applicant) Daniel Finol (Agent) Pedro Ramos 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 new single family home. Staff gave a presentation about the new construction of a two story home and recommended approval. The Board asked questions to Staff. The Applicant presented the Application with details. The Board asked questions. The Board expressed concern about the massiveness of the building. The Board gave some examples of big houses around the area where this application is located. The Board likes the design and gave some comments. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Brady, seconded by Mr. Busta and the Motion was tied 2-2 with Mr. Bolton and Mr. Snow against it. Motion to table to a time certain by Mr. Busta, seconded by Mr. Brady and the Motion was approved 4-0. STPL-000083-2021_83_Finol_New Construction. pdf 1501 NE 103 Street - Application.pdf 1501 NE 103 Street - Plans.pdf 6) CONTINUED ITEMS 6.A STPL-000071-2021(a) 10050 Biscayne Boulevard (Applicant) ICUC Holdings Inc. (Agent) Stern & Stern Properties; Robert Bailine (Greenberg Traurig); Pursuant to Florida statutes 163.3161, 163.3184, and 163.3187 requesting a recommendation to be forwarded to the Village Council to amend the adopted Future Land Use Map from Multi -Family Residential, to Commercial. STPL-000071-2021(b) 10050 Biscayne Boulevard (Applicant) ICUC Holdings Inc. (Agent) Stern & Stern Properties; Robert Bailine (Greenberg Traurig); Requesting a recommendation to be forwarded to the Village Council to amend the adopted Zoning Map from Motel/Multi-Family Residential, to Commercial. Motion to un-table the item by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0. Staff presented the items to be considered by the Board. 1. Changes to FLUM. 2. Rezoning from A2 to B2 - Multifamily to Commercial zoning. Staff recommends denial of the application for the conditions which are specified on the Staff Report. The Applicant's representative, Council Clarissa Newfeld proceeded to give a power point presentation with all the reasons why the Board should approve. The Village Attorney shimmed in as to what is before the Board today. There was extensive discussion between Staff and the Applicant. Staff read in Policy 3.3 of the Code or Ordinances. Public comment is open: 1. Carol Cocchi of 1089 NE 104 Street - Spoke in support of Staffs recommendations for denial. 2. Luis Guerra of 1155 NE 104 Street - Spoke in support of Staffs recommendations for denial. 3. Pedro Chavalier of 1175 NE 105 Street - Spoke in support of Staffs recommendations for denial. 4. Diane Loffredo of 1200 NE 105 Street - Spoke in support of Staffs recommendations for denial. 5. Janet Goodman of 1174 NE 105 Street - Spoke in support of Staffs recommendations for denial. 6. Ms. Tam - Spoke in support of Staffs recommendations for denial. 7. Melissa Lewis of 10618 NE 10th Place - Spoke in support of the Application. 8. Michael Cudlipp of 1099 NE 104 Street - Spoke in support of Staffs recommendations for denial. 9. Noel Franz of 10396 NE 104 Street - Spoke in support of Staffs recommendations for denial. 10. Patrice Gilliespie Smith of 358 NE 101 Street - Spoke in support of Staffs recommendations for denial. 11. Noel Franz of 1038 NE 104 Street - Spoke in support of Staffs recommendations for denial. 12. Officer Rivers of Miami Shores PD - Gave crime stats and the use of commercial sites for organized crime. He supports Staffs recommendations for denial. 13. Lorena Guerra - Lives across the canal - Concerned about more strangers and more traffic - Spoke in support of Staffs recommendations for denial. Public Comment Closed. Applicant's representatives spoke in detail responding to Public Comments. There was discussion between Staff and the Applicant regarding the uses of the land as of now. The Board asked questions. The Board members each took a turn to thank the members of the community for the public comments. There was applause for each one of the Board members. Motion for FLUM to recommend to Council not to amend the code from multifamily to Commercial by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0. Motion to recommend to Council to deny the application for the zoning map to be amended by Mr. Snow, seconded by Mr. Brady and the Motion was approved 4-0. 10500 Biscayne Blvd. - Application.pdf 10500 Biscayne Blvd. - Plans 10-18-2021.pdf 7) BOARD MEMBER COMMENTS 7.A Discussion and possible action for changing the maximum permitted height of gates or structures in the front yard. Staff presented the item of changing the maximum permitted height of gates or structures in the front yard. The Board discussed this item at length. Staff answered questions by the Board. Motion to recommend to council not to amend the ordinance regarding height of fences in the front yard by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0. Discussion regarding the maximum area of artificial grass in the rear yard. Staff presented the discussion item regarding the maximum area of artificial grass in the rear yard. Discussion by the Board about maintenance concerns. The Board would like more direction from Staff. Mr. Sarafan informed the Board that this Council is data driven. Data needs to be presented to them when the item goes before them. The Board would like the Sustainability Committee to give their input about artificial turf and its effect on climate change. Motion to table the item to have the Sustainability Committee's input before voting on this item by Mr. Brady, seconded by Mr. Snow and the Motion was approved 3-1 with Mr. Bolton voting against it. 8) NEXT REGULAR BOARD HEARING -November 18, 2021 9) ADJOURNMENT — The meeting adjourned.