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2023-3-23 (Revision) PB Minutes (2)1 Mayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Timothy Crutchfield Councilmember Wesley Castellanos Esmond Scott, Village Manager Sarah Johnston, Village Attorney Ysabely Rodriguez, Village Clerk MEETING MINUTES March 23,2023 INSERT TIME 6:30PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Mr. Busta called the meeting to order at 6:30 PM 2) ROLL CALL Present Mr. Finkelstein (Left early at 8:44pm due to an emergency) Chair Mr. Busta Mr. O’Hara Mr. Bolton Absent Mr. Brady Also, Present Chanae Woods Village Attorney Claudia Hasbun Planning and Zoning Director Alizgreeth Tezen Planning and Zoning Technician 3) MINUTES Approval of Minutes for February 23, 2023 2023-2-23 PB Minutes (Revised).pdf Mr. O’Hara stated an error on page 1 item 3 in previous minutes, 5-0 instead of 3-0 Motion to approve with edit by Mr. Finkelstein seconded by Mr. O'Hara. 4-0 4) ACTION ITEM (S) Historic Designation Review Home by Architect- Alfred Browning Parker Owner: Jennifer Frehling Address: 1115 NE 97th ST. 2 Ms. Hasbun read the letter out loud by the home owner for not being able to attend the meeting in person. The request of the letter is to move forward to approving the home as a historical designation. Mr. Bolton stated that there is no documentation that this application went to the historic board and got approved. Ms. Hasbun brought up the minutes of November 16, 2022 from the Historic Preservation Board stating that there was a motion to recommend an approval on item 4; for property on 1115 NE 97 ST as a historic designation voted 4-0. Ms. Woods stated that this is the last application that will be presented to the planning and zoning board and this is an additional step taken to make this a recommended designation of historic approval per the previous code, as current code has changed, the applicant is no longer required a recommendation for approval from the planning and zoning board instead, it will be moved from historic preservation board straight to council. Public Comment: Historic Preservation Board Member (Chair Ms. Patricia Bonaduce & historic preservation board member Jeffrey Saadeh spoke at the podium) Ms. Patricia Bonaduce Chair of the historic preservation board came to the podium to recommend approval of the property to a historic designation. Ms. Chair Bonaduce stated that this is an original design by the architect Mr. Alfred Browning Parker and the petition is to preserve the integrity of the history of the structure in correlation to Miami Shores Village and the rest of the homes designed by the architect. Mr. Bolton asked if the historic preservation board is keeping records or knows how many homes by Mr. Alfred Browning Parker are in Miami Shores? Ms. Chair Bonaduce stated that it is difficult to answer that question because there is research in place to check every home/structure to ensure the accuracy of which are from Mr. Alfred Browning Parker or other similar renowned architects and designers. Mr. Jeffrey Saadeh from Historic Preservation Board spoke and added that the research is being conducted to ensure every home is being properly designated and that one additional home was located and is also another Alfred Browing Parker home. Based on some data presented, Mr. Saadeh stated that there are 500 homes designed by Mr. Alfred Browning Parker in South Florida as it currently stands. Motion to approve recommendation by Mr. Bolton Seconded by Mr. O’Hara 4-0. 1115 NE 97 St Historic Designation Package.pdf 1115 NE 97 ST Historic Designation PLANS.pdf Ordinance Amendment of Board Name to "Planning and Zoning Board" Ms. Hasbun stated that request was made by council member Alice Burch, even though this is not a zoning code section it still affects the board but it is not a land use regulation and it is just a name change and all the sections of the code where looked into during this process. Chair Mr. Busta, asked will this be uniform and in the charter to which Ms. Woods stated that it will be placed in the code of ordinances but in the charter will be amended differently. Mr. Bolton asked about line 61 and 21 in (c). designation of historic landmarks and Ms. Woods stated that was a typo and will be taken care of once the changes are made in the historic designation. Motion to approve recommendation by Mr. Finkelstein and seconded by Mr. O’Hara 4-0. sj(MSV) Planning and zoning Ordinance (Draft 3) (1).pdf Disclosures: All board members visited the properties; Swearing in of the Witnesses by Attorney Chanae Woods 3 Will everyone that is going to testify tonight, please raise your right hand and swear to tell the truth, the whole truth and nothing but the truth. ACTION ITEM(S): PUBLIC HEARING(S) 5) NEW ITEMS 5A. RSP-23-15 Owner: Daniel Jaramillo Applicant: Daniel Jaramillo Agent: Juan Zapata Address: 549 NE 95th ST. Request: The applicant is requesting site plan approval for a new one-story single-family structure with 5,326 square foot of area, consisting of 5 bedrooms and 6.5 bathrooms. Juan Zapata (Agent went to the podium) Mr. O’Hara asked the agent to walk the board members through the project for a new single-family home. Mr. Zapata stated that it's a 5-bedroom single-family home with some flat roof areas and different levels as well as parapets, different texture and materials to differentiate, office, also stated that it's an open floor plan, a pool and pool deck, internal garden and it provides an open driveway. Chair Mr. Busta asked Ms. Hasbun if in the packages, have there been any changes made that doesn’t require photos of the surrounding homes in relation to the property? to which Ms. Hasbun stated no. Ms. Hasbun stated that the existing home will be demolished in the future not as it was stated in the staff report, per typo. Mr. O'Hara stated that there is a lot of blank wall massing, and the orientation of the windows are flanking on the left side yard instead of the front yard and is there a way to break up the massing to accommodate the ambiguity of large blank walls for the neighbors. Mr. Zapata stated that the intent for that design is to provide privacy and landscaping will be added to accommodate those blank walls. The other comment is regarding the constants of the address of the house if it can be rearranged to the street. Mr. Bolton asked about the height of the different roof types and how that is being shown in sheet A-6, to which Mr. Zapata added that it’s a sample for the material and not the actual design. Mr. Bolton asked about the height of the living room area, and it was stated that it will be 12 feet ceiling. Chair Mr. Busta asked to submit a landscape plan as well. Motion to approve by Mr. Bolton and Seconded by Mr. O'Hara 4-0. RSP-23-15.pdf RSP-23-15- 549 NE 95 ST -Application.pdf RSP-23-15- 549 NE 95 ST -Plans.pdf 5B. RSP-23-16 Owner: David & Leslie Hart Applicant: David & Leslie Hart 4 Agent: Seth Long Address: 381 NE 98th ST. Request: The applicant is requesting site plan approval for a garage conversion. Mr. Seth Long (Agent spoke at podium) and Mr. Julian Klein (Architect) Mr. O’Hara asked can the plans be added in the agenda as the link is not shown to have the plans. Mr. Bolton asked about what is going to be the change to the exterior of the project the street elevation of the foyer and asked about the south facing window being removed and Mr. Seth stated that it's going to bring back the original conditions of the house. Mr. Bolton stated that in sheet A-201 has a brick texture and is that going to be changed and Mr. Seth stated that it will be replaced with stucco. Mr. Chair Busta asked about the stone of the chimney and Mr. Seth stated that it will not be replaced and kept the same. Motion to approve by Mr. O’Hara seconded by Mr. Bolton 4-0. RSP-23-16.pdf RSP-23-16- 381 NE 98 ST -Application.pdf RSP-23-16- 381 NE 98 ST -Plans.pdf 5C. RSP-23-17 Owner: Michael Hunt & Kristen Ashburn Applicant: Victor Bruce Agent: Victor Bruce Address: 434 NE 95th ST. Request: The Applicant is requesting site plan approval for a two-story addition of approximately 2,642 square feet of area with a covered terrace. Marcela Bruce (Mr. Bruce’s Wife) Mr. O’Hara asked Ms. Bruce to go over the project to the board. Ms. Bruce stated that there is a privacy wall and a second story is being added and demolishing a flat roof to the back of the home. Mr. O’Hara asked about the front proposal affecting the art deco design, Page A-3 and A-8, shows an entrance feature is being shown and that it is blocking the current trim and style of the façade. Ms. Ashburn (Owner) spoke at the podium She stated that she is not looking to remove the front design proposal and stated that it's a safety feature to help when opening the door and wanted to move forward with the wall and arched element to provide privacy for her and her children that reside in the home. The homeowner stated that the front is going to be a type of foyer to protect the outside elements and provide privacy to the main street of 95th. This will create more light in the front without having to use blinds. Provide a barrier from the outside elements with the use wooden shutter louver doors and helps with air flow. Mr. O’Hara stated that he knows the issues with living in a busy street. He stated that the style of what the homeowner is trying to do does not match the art deco feel and it looks different. Ms. Woods stated that there are no architectural design standards in the code. Mr. Finklestein stated that this is a beautiful design and does not like the modern items. Mr. Bolton stated that he agrees with Mr. O’Hara and likes the art deco design. Motion to approve by Mr. Finklestein and Seconded by Mr. Bolton. 3-1. RSP-23-17.pdf 5 RSP-23-17- 434 NE 95 ST -Application.pdf RSP-23-17- 434 NE 95 ST -Plans.pdf 5D. RSP-23-18 Owner: Lance and Jennifer Tinkler Applicant: Lance and Jennifer Tinkler Agent: Relvy Moronta Hernandez Address: 620 NE 101st ST. Request: The applicant is requesting site plan approval for outdoor accessory structures consisting of two gazebos and an outdoor bath, totaling up to 1,233 square feet. Front façade improvements are also included. Mr. Relvy (Agent) Mr. Lance Tinkler (Owner) Presentation made by Mr. Relvy showcasing a gazebo with roof slabs and showing the finish of the outdoor bathroom, concrete slab canopy and a front step with water feature. Aluminum screen with low elevation to the sidewalk. A pool and deck as well. Mr. O’Hara stated that he appreciated the presentation bought forth to the public. Mr. Bolton asked about the water feature, if there adding fish? both Mr. Tinkler and Mr. Relvy stated that no fish feature will be added. Another question was asked about the T-square structure outdoor restroom, and asked if there is intention for providing a buffer or privacy to the proposal? Mr. Tinkler specified that the incorporation of landscape will help for privacy and will be added. Motion to approve by Mr. O’Hara Second by Mr. Bolton 4-0. RSP-23-18.pdf RSP-23-18- 620 NE 101 ST -Application.pdf RSP-23-18- 620 NE 101 ST -Plans.pdf RSP-23-18- 620 NE 101 ST -survey.pdf 5E. RSP-23-19 Owner: Wendy M. Gallego Applicant: Wendy M. Gallego Agent: Jose Alberto Sbarra Address: 1036 NE 96th ST. Request: The applicant is requesting site plan approval for an architectural style modification from Spanish Revival to a Contemporary, this includes roof replacement from a pitch to a flat concrete roof with parapets, a façade modification and new exterior materials. In addition, there is a rear addition of less than 400 square feet being requested. Mr. Jose A. Sbarra (Agent) Mr. O’Hara asked about the original elevations, plans and sections. Ms. Hasbun pulled up the original set of plans and presented them to the board. Mr. Sbarra stated that the home was not structurally sound, so the chimney had to be replaced and the roof was also rotten and needed to be replaced as well. The addition played a factor in the process of the home renovation after further determining through the process that this projects original application was not moving forward due to economic, and design issues. Mr. O’Hara stated that he likes the design of the house’s roof than the previous and the issue that he has is the description is not clear to the public in terms of the request being brought in the application description. Mr. O’Hara indicated that the request should match the plans and asked to have the previously approved plans with this agenda. Mr. Bolton is asking is there an overlay on the concrete slab and Mr. Sbarra is stating that it was demolished and some walls were refurbished to maintain the structural integrity of the home. 6 Motion to approve by Mr. O’Hara with the requirement of development order with history of property and seconded by Mr. Finklestein 4-0. RSP-23-19.pdf RSP-23-19- 1036 NE 96 ST -Application.pdf RSP-23-19- 1036 NE 96 ST -Plans.pdf 1036 NE 96 Street - Application.pdf (Previous Application) 1036 NE 96 Street - Plans.pdf (Previous Application) 5F. RSP-23-21 Owner: Alex Ochoa Applicant: Alex Ochoa Agent: Wesley Castellanos Address: 1249 NE 97th ST. Request: The applicant is requesting site plan approval for a two-story addition to a single-family building with approximately 1,071 square foot. Mr. Alex Ochoa spoke at the podium. Mr. O’Hara asked about the previous approval and Chair Mr. Busta asked is this property being ready to move forward with the building permit. Motion to approve by Mr. Bolton and Seconded by Mr. O’Hara 4-0. RSP-23-21.pdf RSP-23-21 -1249 NE 97 ST -Application.pdf RSP-23-21 -1249 NE 97 ST -Plans.pdf 6) DISCUSSION ITEMS 6A.Miami Shores Village FAR and Lot Coverage Analysis Ms. Hasbun stated in having a minimum green open space percentage in addition to FAR Lot Coverage regulations and recommended to add it in the staff report to balance out the regulation. The study was to give the board members an idea of what future applications for new construction can look like for the village. Mr. Bolton stated that the lot coverage is the most controlling out of all of the analysis. An update to the code and adding a lot of coverage percentage. Ms. Hasbun stated that we can start drafting language to the zoning code. Mr. Bolton asked about the threshold can it be the volume of two-story or set it back some. The board agreed with the analysis and wish to move forward. MSV FAR_Lot_Coverage_Analysis_March2023.pdf 7) BOARD MEMBER COMMENTS During the last council meeting, council did not elect to continue the moratorium and Chair Mr. Busta and Mr. O’Hara asked Ms. Hasbun about how this will be worked out for new applicants. Ms. Hasbun stated that when the moratorium expires an applicant or owner can apply for a FLU or Zoning modification and will be presented to the Planning board for approval 7 and then council. The criteria have to conform with the current comprehensive and zoning code and be consistent with both. There would have to be a review for the particular parcel. Ms. Wood stated we are in an EAR process and the DEO knows the applicant would not need to apply because we are in current review of the comprehensive plan. Ms. Hasbun mentioned the next steps to be taken, in regards to the comprehensive plan after the expiration of the moratorium. As it stands the current zoning and comprehensive plan are inconsistent with each other and therefore in order for an applicant (e.g. developer) wanting to go ahead and apply for a rezoning amendment, they would have to first wait until the current situation with the zoning and comprehsive plan be fixed or parallel with each other in order to move forward with the application requirements to request a rezoning. Mr. O’Hara asked about the 105th and Biscayne property and how this will impact the current zoning designation. Ms. Hasbun stated that the current zoning designation of this property as it stands is a multi-family district. Ms. Woods stated that if an applicant wants to apply for all three layers being; the comprehensive plan change, rezoning amendment change, and site plan approval process for new development, they are able to but still, all factors must be addressed in that order for the applicant to move forward to the next phase in the rezoning process. Ms. Woods also stated that if it’s a small scale rezoning no transmittal will be needed, if there is a large scale than a transmittal will be needed. Mr. Finklestein had to leave due to an emergency at 8:44pm Mr. Bolton asked about the septic tank if it’s being talked about in the comprehensive plan with the septic to sewer. Mr. Bolton asked is there a motion on recommendation to get the consultants involved in the septic to sewer plan. Are there any engineers that will initiate the master plan for this project? Mr. Bolton asked is there some authority that the director has to select this engineering company to create this master plan. Ms. Hasbun stated about the Village’s efforts are in place to develop a master plan and public works village is in charge of the septic to sewer plan. Public Commentator: Carol Responek Ms. Responek spoke about the dislike of the Moratorium not having an extension and brought a lot of backlash from the community and is asking the planning board to speak up on delaying the process to restate the moratorium to help and protect her community. Public Commentator: Maria McGuiness stated that she echoed what Ms. Responek said and believes that the Village council did not do the appropriate decision to keep the moratorium available in order to give the village time to finish drafting the comprehensive plan before any applications are submitted to the board. 8) NEXT REGULAR BOARD HEARING - April 27, 2023 9) ADJOURNMENT Motion Bolton seconded by Mr. O’Hara 3-0