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2021-9-30 PB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Interim Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk 41�Alf(�We f�194K Ale PLANNING AND ZONING MEETING MINUTES DATE: September 30, 2021 TIME: 6:30 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Busta called the meeting to order at 6:30 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: Chairman Busta Ms. Hegedus Mr. Snow Mr. Brady Mr. Bolton Also present: Richard Sarafan, Village Attorney Travis Kendall, Planning Director Mariana Gracia, Planning Clerk 3) MINUTES Motion to approve the Minutes of June 24 and July 22, 2021 made by Mr. Brady, seconded by Ms. Hegedus and the Motion was unanimously approved. 3.A Approval of the Minutes for July 22, 2021 P&Z July 22, 2021 Minutes.pdf 3.B Approval of the Minutes for June 24, 2021 P&Z June 24, 2021 Minutes.pdf ACTION ITEM(S): PUBLIC HEARING(S) NONE 4) TABLED ITEMS 4.A STPL-000040-2021 125 NE 104 Street (Applicant) The Jazlaz Group LLC (Agent) Carlos & Brgos Lanza; 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 construction. *Applicant will be submitting for the September meeting. Motion to un-table by Mr. Brady, seconded by Ms. Hegedus and the Motion was unanimously approved. Mr. Kendall gave a short presentation about the new home. The Applicant's Architect presented the changes on the design of the new home. Public Comment Open: 1. Ms. Lisa Sotir of 141 NE 104 Street - Spoke in opposition to the Application. 2. Jeff Clark of 109 NE 104 Street - He is in agreement with Ms. Sotir's opposition to the Application. 3. Adriana Clark of 109 NE 104 Street - Next door neighbor. Spoke in opposition to this Application. 4. Robert Erickson of 69 NE 99 Street - Spoke in support of the Application. 5. Lazaro Acosta - Applicant spoke about why his application should be approved. 6. William Hulme - 196 NE 105 Street - Opposes this home being built. Complained about the generalization arguments by previous comments. 7. Martin Wedemayer of 120 NE 104 Street - Complained about the Applicant wanting to jam a 5,000 square feet house into a single lot. He spoke in opposition to this application. 8. Thomas Castellanos - 77 NE 106 Street - His property is two blocks away from the Applicants property. The Application is out of character with the neighborhood. It belongs somewhere else. He is in opposition to this application. 9. Tyler Seaward - 10450 NE 1 st Avenue - Loves the design and believes that the Board should consider these types of applications further. 10. Martha Stubbs - 828 NE 99 Street - Here to correct the attorney that said Miami shores was not a desirable place to live 60 years ago. She disagrees with that statement. The Applicant spoke to refute the statements given on public comment. He made significant changes to the design. This is going to be his home and needs to justify the money he has invested in this house. Explained that all the requirements by Code have been met. His intend is to live in this house. Public Comment Closed. Motion to deny the item by Mr. Brady, seconded by Mr. Bolton and the Motion failed 3-2 with Mr. Busta, Ms. Hegedus and Mr. Snow against it. Motion to approve subject to Staffs recommendations and with a covenant to remain a single family home made by Ms. Hegedus, seconded by Mr. Snow and the Motion was approved 3-2 with Mr. Brady and Mr. Bolton voting against it. STPL-000040-2021_40_Tazlaz Newconst.pdf 125 NE 104 Street - 2nd Letter of Intent.pdf 125 NE 104 Street - Application.pdf 125 NE 104 Street -Plans 9-13-2021.pdf 4.13 STPL-000058-2021 702 NE 95 Street (Applicant) Ulises Muniz & Laura Rodriguez (Agent) Carlina Arronte; 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. Motion to un-table by Mr. Brady, seconded by Mr. Snow and the Motion was unanimously approved. Mr. Kendall gave a brief overview of the application and recommended approval. There were no questions to Mr. Kendall from the Board. The Applicant did not wish to present. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Bolton, seconded by Mr. Brady and the Motion was unanimously approved. STPL-000058-2021_58_Muniz addition.pdf 702 NE 95 ST - Application.pdf 702 NE 95 ST - Pictures.pdf 702 NE 95 ST - Plans.pdf 4.0 STPL-000047-2021 535 NE 95th Street (Applicant) Garrett & Nayla Moffett (Agent) Luis Valdes Bartroli; 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. Motion to un-table by Mr. Brady, seconded by Mr. Snow and the Motion was unanimously approved. Mr. Kendall gave a brief presentation and recommended approval. There were no questions from the Board to Mr. Kendall. There were drawings submitted at the meeting for this application. The Board asked questions about the setbacks and window placement. There was no public comment. Motion to approve subject to Staffs recommendations by Ms. Hegedus, seconded by Mr. Brady and the Motion was unanimously approved. STPL-000047-2021_47_MoffetttwostoryAddition.pdf 535 NE 95 Street -Letter of Intent 9-13-2021.pdf 535 NE 95 Street - Plans 9-13-2021.pdf 5) NEW ITEMS 5.A STPL-000062-2021 1421 NE 104th Street, (Applicant) Henry Dow Omri (Agent) Trident Environmental Consultants; 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. Mr. Kendall gave a brief presentation and recommends approval. The Board asked Mr. Kendall questions about the application. The Applicant did not wish to present. There was no public comment. Motion to approve subject to Staffs recommendations made by Mr. Brady, seconded by Ms. Hegedus and the Motion was unanimously approved. 1421 NE 104 Street - Application.pdf 1421 NE 104 Street - Plans.pdf 5.B STPL-000063-2021 910 NE 91 Terrace (Applicant) Thibault &Marccia Le Conte (Agent) Shawna Meyer; 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. Mr. Kendall gave a brief presentation and recommended approval. The Board asked questions to Staff. The Applicant agrees to 10' Driveway. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Brady and the Motion was unanimously approved. There was some discussion by the Board about the application. 4 STPL-000063-2021_63_Conte addition.pdf 910 ONE 91 Terrace - Application.pdf 910 ONE 91 Terrace - Plans.pdf 5.0 STPL-000065-2021 246 NW 93rd Street (Applicant) Whalen Group LLC (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. Mr. Kendall gave a brief presentation and recommended approval. There were no questions from the Board. There was no public comment. Motion to approve subject to Staffs recommendations made by Mr. Brady, seconded by Mr. Snow and the Motion was unanimously approved. STPL-000065-2021_65_Whalen_Gconversion wcov.pdf 246 NW 93 Street - Application.pdf 246 NW 93 Street - Plans.pdf 5.1) STPL-000066-2021 9555 NW 2nd Avenue (Applicant) Chloe Hazau & Pamela Del Castillo (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. Mr. Kendall gave a brief presentation and recommended approval. The Board had no questions to Mr. Kendall. The Applicant did not wish to present. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Bolton and the Motion was unanimously approved. S TPL-000066-2021 _66_Hazan_Gconversion.pdf 9555 NW 2 Avenue - Application.pdf 9555 NW 2 Avenue - Plans.pdf 5.E STPL-000067-2021 85 NW 94 Street (Applicant) Jorge Nunez & Magda Salgado (Agent) Victor Bruce; 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. Mr. Kendall gave a brief presentation and recommends approval with a restricted covenant. 5 The Board asked questions. Mr. Sarafan asked about the survey. There was no public comment. Motion to approve subject to Staffs recommendations and that the Elevation prevail over floor plan by Ms. Hegedus, seconded by Mr. Brady and the Motion was unanimously approved. STPL-000067-2021_67 Nunez additionwcov.pdf 85 NW 94 Street - Application.pdf 85 NW 94 Street - Plans.pdf 5.F STPL-000068-2021 1115 NE 91 st 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. Mr. Kendall gave a brief presentation of the two story house and recommends approval. The Board asked questions to Staff. The Board asked questions to Applicant. The Board expressed concern bout boxy looking design. There was consensus about tabling the item and allow for the Architect and Staff to work together for a better design. There was no public comment. Motion to Table by Ms. Hegedus, seconded by Mr. Snow and the Motion was unanimously approved. 1115 NE 91 Street - Application.pdf 1115 NE 91 Street - Plans.pdf STPL-000068-2021_68_Martin Newconst.pdf 5.G STPL-000069-2021 9430 NE 6th Avenue (Applicant) Jean Haisch (Agent) David Baker; 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. Mr. Kendall gave a brief presentation and recommended approval with condition #8 that a restricted covenant for the house to remain a single family house. The Board asked questions. The Applicant states that this is the second time they come before the Board. The Applicant Mr. Baker wanted to add a comment regarding some municipalities that have additional setbacks for second stories that is a great tool to help combat the issue of oversized homes. 0 Motion to approve subject to Staffs recommendations by Mr. Brady, seconded by Mr. Snow and the Motion was unanimously approved. STPL-000069-2021 _69_Haisch_additionwcov.pdf 9430 NE 6 Avenue - Application 9-10-2021.pdf 9430 NE 6 Avenue Plans 9-10-2021.pdf 5.H STPL-000070-2021 9860 NE 5th Avenue Road (Applicant) US Reasearch & Consulting Group Corp (Agent) Jose Sbarra; 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. Mr. Kendall gave a brief presentation and recommended approval or the 4 Bedroom-5 Baths home. The Board asked questions to Staff. Staff said there is a unity of title on this property. The Applicant presented. The Board asked questions to Applicant. There was no public comment. Motion to approve subject to Staffs recommendations, seconded by Mr. Brady and the Motion was unanimously approved. STPL-000070-2021_70_Reasearch Newconst.pdf 9860 NE 5 Avenue Road - Application.pdf 9860 NE 5 Avenue Road - Plans.pdf 5.I STPL-000071-2021(a) 10500 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. 9.b STPL-000071-2021(b) 10500 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 table the item by Mr. Brady, seconded by Mr. Snow and the Motion was approved 4-0 - Ms. Hegedus was out. 10500 Biscayne Blvd. - Application 9-15-2021.pdf 10500 Biscayne Blvd. - Plans.pdf STPL-000071-2021_71_Hotel FLUMrezone Staff ReportNewconst.pdf STPL-000071-2021_7Ib_Hotel Zoningrezone_StaffReport Newconst.pdf 5.J STPL-000072-2021 1081 NE 95 Street (Applicant) Luis Castro (Agent) Jaime Schapiro; 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. Mr. Brady made a disclosure. Mr. Kendall made a short presentation and recommended approval. The Board had no questions. There was no public comment. Motion to approve subject to Staffs recommendations by Mr. Snow, seconded by Mr. Bolton and the Motion was unanimously approved. STPL-000072-2021_72_Castro addition.pdf 1081 NE 95 Street - Application.pdf 1081 NE 95 Street - Plans.pdf 5.K STPL-000073-2021 230 NE 97th Street (Applicant) 1101 Miami Shores LLC (Agent) Jennifer Mconnery; Pursuant to Articles N, 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 office building. Mr. Kendall gave a short presentation and recommended approval. Applicant will leave the parking at 11 spaces instead of 12 spaces. The Board asked questions. The handicap ramp was moved to the side of the building. The landscaping will be kept at maximum. There was no public comment. Motion to approve subject to Staff's recommendations by Ms. Hegedus, seconded by Mr. Brady and the Motion was unanimously approved. STPL-000073 -2021 _73_McConnery_newoffice.pdf 230 NE 97 Street - Application.pdf 230 NE 97 Street - Plans.pdf 5.L STPL-000074-2021 1155 NE 104th Street, (Applicant) Luis Guerra (Agent) Michele Wilson; Pursuant to Articles IV, V and VI of Appendix A Zoning, Sec. 400 Schedule of Regulations, See. 504. (f), (g) (2) and Sec. 600. Site plan review for new dock. Mr. Kendall gave a short presentation about the dock and recommends approval. The Applicant did not wish to present. There was an E-comment read into the record in support of the application.' Motion to approve subject to Staffs recommendations by Mr. Brady, seconded by Mr. Snow and the Motion was unanimously approved. STPL-000074-2021_74_Guerra Dock.pdf 1155 NE 104 Street - Application 9-10-2021.pdf 1155 NE 104 Street - Plans 9-10-2021.pdf 5.M STPL-000075-2021 166 NW 103 Street (Applicant) Jacqueline Small (Agent) Amilcar Melendez; 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. Mr. Kendall gave a short presentation of the two story addition and recommended approval. There were no questions to Mr. Kendall from the Board. The Applicant gave a short presentation. The Board asked questions. Staff asked for a restricted covenant. Ms. Jacqueline Small spoke about the reasons for the separate entrances and split design of the house. There was no public comment. Motion to approve subject to Staffs recommendations with restricted covenant for single family home by Mr. Bolton, seconded by Mr. Brady and the Motion was approved 4-1 with Ms. Hegedus voting against the Motion. STPL-000075-2021 _75_Smal Ladd ition.pdf 166 NW 103 ST - Application.pdf 166 NW 103 ST - Plans.pdf 5.N STPL-000076-2021 26 NW 108 Street (Applicant) Rafael Freitas & Anna Freitas (Agent); 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. Mr. Kendall gave a short presentation and recommended approval based upon the design. The Board asked questions. The Board recommends adding a window on the West elevation. The Applicant agrees to the recommendation to add the window. 9 Ms. Fleitas asked why they needed a window? The Board explained that they don't like blank walls. Staff will work with the Applicant to resolve the issue of the blank wall on the West elevation. Motion to approve subject to Staffs recommendations with the condition that the Applicant will add a window on the West elevation by Ms. Hegedus, seconded by Mr. Brady and the Motion was unanimously approved. STPL-000076-2021 _76_Freitas_addition.pdf 26 NW 108 Street - Application.pdf 26 NW 108 Street - Plans.pdf 6) CONTINUED ITEMS 6.A A) DISCUSSION AND POSSIBLE ACTION REGARDING CHANGES TO THE CODE OF ORDINANCES RELATING TO THE ELIMINATION OF PLANNING BOARD APPROVAL OF COMMERCIAL SIGN APPLICATIONS AND AUTHORIZATION FOR SUCH APPLICATIONS TO BE ADMINISTRATIVELY APPROVED. Signage was discussed by the Board. The requirement for signs to come to the Board for approval. Different logos for franchises coming before the Board. Sign regulation is one of the hardest things to regulate. Staff will draft a policy to send to Mr. Sarafan. B. DISCUSSION AND POSSIBLE ACTION REGARDING CHANGES TO THE CODE OF ORDINANCES RELATING TO THE PERMITTED HEIGHT OF GATES IN THE FRONT YARD. Will be addressed next meeting. C. Discussion of possible amendment to Appendix A (Zoning), Article IV (Establishment of Regulations), Section 410 (Building Permits Schedule of Regulations). Discussion of lot coverage, unit size, set backs, and building height requirements. Discussion about how to address this moving forward. The Board recommends having a special meeting to address this issue. Staff will reach out to the Board via email to set a date for the special meeting. D) Discussion regarding limiting the number of items on an agenda 8-10. The Board is in agreement about limiting the number of items on the agenda to be from 8-10 items. Re- appointments for the Board members. Thank you for your dedicated service. 7) BOARD MEMBER COMMENTS - NONE 8) NEXT REGULAR BOARD HEARING - October 28, 2021 9) ADJOURNMENT 10