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PZ_Minutes_May_25_2023 1 Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Jerome Charles Councilmember Sandra Harris Councilmember Daniel Marinberg Esmond Scott, Village Manager Sarah Johnston, Village Attorney Ysabely Rodriguez, Village Clerk PLANNING & ZONING BOARD MINUTES THURSDAY MAY 25, 2023 9900 NE 2ND AVENUE MIAMI SHORES, FL 33138 6:30 PM 1.CALL TO ORDER 2.ROLL CALL Present, Mr. Finkelstein Mr. Brady Chair, Mr. Busta Mr. Bolton Mr. O’Hara Also Present, Ms. Chanae Woods- Village Attorney Ms. Claudia Hasbun- Planning & Zoning Technician Ms. Alizgreeth Tezen- Planning & Zoning Technician 3.MINUTES 3A.. Approval of Minutes for April 27, 2023 2023-4-27 Planning-.pdf Mr. O'Hara commented on page 5. item 5d revise last sentence, “clarify the applicant was not aware of having him to be present” to “clarify the applicant was not aware of having him to seek planning and zoning board approval” and further down on item 6d “Mr. O’Hara asked if there has been any application for approval at the sites being updated in the comprehensive plan, Ms. Hasbun stated that there we’re none. “ Mr. Busta commented on page 4 item 5c. Motion from 4-1 to 1-3 Motion to approve with revisions by Mr. Bolton Second by Mr. O’Hara 5-0. 4.ACTION ITEM (S) 4A.. Historic Designation Review Brockway Library Owner: Miami Shores Village 2 Address: 10021 NE 2nd AVE 2023_Brockway Library_10021_NE_2_AVE application_package.pdf 2023_Brockway Library_10021_NE_2_AVE plans.pdf Kathy Redmond was at the podium along with Cheryl Gowing and Michelle Brown (Library Director) Ms. Redmond spoke about the history of the library and the process of the application for it to be historically designated. The historic preservation board saw the application in November, 2023. Ms. Redmond also mentioned about the 75th anniversary of the Brockway library and mentioned about the donation to Bessemer properties. The tropical Florida style was the idea for the library and spoke about the current facade and modifications made to improve. Ms. Redmond also spoke about the fireplace and the rock and Limestone materiality. The interior designer was inspired by key west homes during president Truman’s presidential time. The grand opening was in 1949. The library includes unique furnishings with interesting paintings. Cheryl and Michelle came up to the podium. The board gave a warm applause. Mr. Bolton asked after this application gets approved by the P&Z board does this gets approved by the county? to which Ms. Hasbun stated that this gets reported to the county but does not need to take action. Mr. Brady asked if this application goes to the state? to which Ms. Hasbun stated that this does not get reported to the state. Motion to approve recommendation by Mr. Finkelstein seconded by Mr. Bolton 5-0. 4B.. Ordinance Review - Development Order Requirements Ordinance-Development Order Code Amendment.pdf Legal Ad.pdf Ms. Hasbun spoke about the use of the ordinance and the purpose is to reflect the work of public works and sewer services. This ordinance mirrors similar counties, Ms. Hasbun read out loud the section "prerequisites about the need to follow the standards of the county and federal regulations that needs to be in order to make an inventory of the sewer..." Mr. Bolton asked about the ordinance being copied by other cities and how is this being audited. Motion to adopt ordinance by Mr. Brady seconded by Mr. Bolton 5-0. 4C.. Ordinance Review- Moratorium Ordinance- Moratorium.pdf Legal Ad.pdf 3 Ms. Woods read out loud the ordinance to the board and explained the intent. Ms. Hasbun stated that this is an annual moratorium that affects single-family designations. Mr. Brady asked about the status of the moratorium. To which Ms. Hasbun stated that it is no longer in place. Mr. Brady asked about the timeline for the second reading and also asked if this excludes residential. To which the village attorney stated that it is only for other uses besides residential. Mr. O'Hara asked about the resent application for a small-scale map amendment. Ms. Leana Kozlowski spoke on behave for Lennar and Barry university for a land use amendment for the small-scale rezoning for the property by Barry. Asked to exclude pending applications per the moratorium ordinance that would take into effect. Pubic comment Janet Goodman 1174 NE 105th ST for reinstating the moratorium Carol Respondek 1162 NE 105th ST for reinstating the moratorium Maria McGuiness 1250 NE 101st ST for reinstating the moratorium Mayor George Burch 1440 NE 101th ST. for reinstating the moratorium Ms. Brady asked about what the practical effect of the moratorium, to which Ms. Hasbun stated that staff cannot engage in discussion or accept any applications related to redevelopment during the changes of the comprehensive plan. Submitting plans after the effect of the moratorium the application will be on hold. Mr. Brady asked if any pending applications prior to the effect on this moratorium will it be on hold? To which Ms. Woods stated yes. Mr. Finkelstein asked if this moratorium would be for all application types for the next 6-months to which Ms. Woods stated only the items tailored to this moratorium, which is rezoning and future land use amendments. Motion to approve the moratorium by Mr. O’Hara seconded by Mr. Brady. 5-0. ACTION ITEM(S): PUBLIC HEARING(S) - BOARD MEMBER DISCLOSURES SWEARING IN OF WITNESSES BY 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.” 5.NEW ITEMS 5A.. RSP-23-32 Owner: Matthew S Parker Applicant: Matthew S Parker Agent: David Vanhoeven- Total Construction of Florida Address: 9338 NW 2nd PL Request: For an Addition RSP-23-32.pdf RSP-23-32-9338 NW 2nd PL -Application.pdf RSP-23-32-9338 NW 2nd PL -Plans.pdf 4 David Vanhoeven (architect spoke at the podium) Mr. Busta asked about the addition already being built and asked was this property on foreclosure or was it just recently purchased, to which Ms. Hasbun stated that she is not aware of the current ownership status of the property in question just what was stated on the site plan review application. Mr. Finkelstein asked we’re there permits applied to said additions to which the architect stated yes. Mr. O'Hara asked about the new information seen during the site visit to the property that wasn’t added to their packages. To which the architect stated that the change of roof was done most recently. Mr. O'Hara asked about the south side plants that we're removed and we’re not coordinated to what was presented in the plans, is there a plan to replant them? To which the architect stated yes. Mr. O'Hara asked about sheet SP-1.0 whether the utility room hatched shown as being removed, to which the architect stated that the room will stay and it shouldn’t be shown as removed on the plans. about sheet A-3.1, on the proposed south and north elevation as to why is the current materiality different than what was presented to the staff? The architect stated that the roof was changed to metal instead of concrete flat tile and it passed inspection so that will be corrected on the plans. Mr. Busta asked about the side door, is this going to be closed? To which the architect stated yes. Mr. Bolton asked why the project was postponed and restarted, and the architect stated that there have been issues with delays in the project from prior concerns with the change of engineer. Motion to approve with conditions  Existing palmetto bushes on the south side of the property on sheet SP-1.0 be replaced;  To show the correction on the utility room on the north side rear is not being removed and be shown as existing;  Provide new sheets for A-3.1 reflecting that the tile roof is not concrete tile and that it is metal and that staff update that adjustment on page two on the staff report; By Mr. O'Hara seconded by Mr. Finkelstein. 5-0. 5B.. RSP-23-34 Owner: Yolepsis Carpio Applicant: Yolepsis Carpio Agent: Michael Rodriguez Address: 333 NE 103rd ST Request: For two additions RSP-23-34.pdf RSP-23-34-333 NE 103RD ST -Application.pdf RSP-23-34-333 NE 103RD ST -Plans.pdf Michael Rodriguez (Agent spoke at the podium) Mr. Busta asked to notarize the two-guest speaking at the podium. Mr. O'Hara asked about the neighbor providing comments regarding this application. Reading into the record, the neighbor wrote to the board 5 members that they oppose the project because it will affect the lighting, vegetation, and the current plans show they affect their recreational space by the pool. They stated that they would like to see accurate renderings of the plans. Also, see complete elevation plans to understand how this will affect the neighbor was Sergio Sigala & Lisa Whaley Sigola 311 NE 103rd ST. the name of the neighbor who sent a letter opposing the proposal. Ms. O'Hara asked about the survey, during the site visit it shows to be incorrect and the wall on the property is 3 feet instead of 5 feet. There is a couple of inaccuracies on the site plan. Sheet A-3. the rear elevation is not accurate and there are some windows missing and on the other page there are two windows and it's not reflected on the plans. The agent stated that per current construction that it wasn't reflected at the time of construction drawings. Mr. O'Hara asked about the blank wall that will affect the view for the neighbors. Mr. O'Hara asked about all the glass being used in the rear, and that the glass is facing the pool and avoiding the sense of privacy. Mr. O'Hara asked why they decided not to match the current 11.6 feet setback which as it’s shown makes it closer to the neighbor's side. Include elevations on east and the west, by Mr. Bolton. Kim Whittaker 330 NE 104th ST Mr. Whittaker stated he has a 23-year-old daughter that spends most of her time outdoors in the backyard pool with girlfriends, and does not feel comfortable with the height of the addition imposing on their privacy and feeling like a fish bowl. Also, there we’re never consulted about the construction of this addition and are afraid of Airbnb rental business taking place while his daughter is outside exposed to those elements. Motion to table by Mr. O'Hara, to allow applicant to provide missing information, elevations, suggest speaking to neighbors, Seconded by Mr. Brady 5-0. 5C.. RSP-23-35 Owner: Yael Bloom & Liron Beltzer Applicant: Yael Bloom & Liron Beltzer Agent: Eusebio Mora Address: 1201 NE 100th ST Request: For an addition and front facade modification RSP-23-35.pdf RSP-23-35-1201 NE 100 ST -Application.pdf RSP-23-35-1201 NE 100 ST -Plans.pdf Mr. Eusebio Mora (Architect spoke at the podium) Mr. Brady asked was this application already presented to the board in the past and stating that it was already approved. Ms. Hasbun stated that this application does not have an active permit on file, and already past the deadline for the extension. The architect explained that during the pandemic, the project was halted due to economic reasons, and the project was downsized since then. Mr. O'Hara asked about sheet A-1 about the placement of the 6in berm, applicant replied that per the regulation of the septic system was kept on that side in order to keep rainwater runoff within, the low berm helps to keep water within, the 6 architect explained. Mr. O'Hara asked if any vegetation will be added around the berm area, to which the architect stated that the fence will block it in the inside. Mr. O'Hara asked if there is a way to screen the a/c condensers. The architect stated yes. Mr. Bolton asked about the fence and asked why the front is being moved to the west, to which the architect stated that the layout of the kitchen is a bit ambiguous and to make it more accommodating for the family and have better circulation within the interior. Mr. Brady asked about the style of the facade on 100th street on the south side of the house, to which the architect stated that it is conceptual architecture. Mr. Brady stated that it looks a little bit different. Motion to approve with condition to cover the a/c condensers by Mr. Bolton, seconded by Mr. O'Hara. 5-0. 5D.. RSP-23-36 Owner: Leonardo & Jessica Ramirez Applicant: Leonardo & Jessica Ramirez Agent: Valeria Lorenzo Address: 25 NW 91st ST. Request: For an Addition RSP-23-36.pdf RSP-23-36-25 NW 91 ST -Application.pdf RSP-23-36-25 NW 91 ST -Plans.pdf Jessica Ramirez (Owner spoke at the podium) Ms. Ramirez is needing additional space to accommodate for her family member who soon will be living there. Ms. Ramirez stated that she is planning to keep the same style and respect the neighborhood. Mr. Finkelstein added that he likes the house and Mr. Busta stated he appreciates the up keeping the home. Motion to approve by Mr. O' Hara seconded by Mr. Finkelstein 5-0. 6.PUBLIC COMMENTS - 2-Minute Time Limit 7.BOARD MEMBER COMMENTS Mr. Brady asked about the update on the comprehensive plan. Ms. Hasbun stated that only one element was sent to the state and a proposal. Mr. Brady asked about the comments made back to staff. Ms. Hasbun stated the response was to only one element and spoke about the binder given to the board members which have the current comprehensive plan with an ordinance of the future land use element, future land use map, the amendments sent to the DEO and the presentations done in the 2022 for that particular element, the comments from the state and the presentations during the year. There are still additional nine elements to go through. Today the city clerk gave a notice to the June 1st, about the public meeting in regards to the future land use element. Also, the joint workshop meeting will be with all planning and zoning board members and council, being held in June 8th, 2023. Mr. Bolton asked about the cycle date of the EAR (Evaluation Appraisal Review). Ms. Hasbun stated that we have one year to complete those amendments. The EAR process is every seven years. Mr. O'Hara asked about the development orders, should say “fail to obtain building permit within 18 months from the time…” Mr. O'Hara asked that the verbiage should be changed so projects aren’t sitting around. Ms. Hasbun stated that the new changes from the county have 7 taken longer for an application to be reviewed by the external agencies such as DERM, HRS, etc. Also, concerns for timing within the construction phases. Ms. Hasbun stated that the development order ordinance would need to be amended in order to change the verbiage. 8.NEXT REGULAR BOARD HEARING- JUNE 22, 2023 9.ADJOURNMENT- Motion to Finkelstein seconded by Mr. Brady 5-0. adjourn by Mr. 8:02pm The Village Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the Village Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Miami Shores Village complies with the provisions of the Americans with Disability Act. If you are a disabled person requiring any accommodations or assistance, including materials in accessible format, a sign language interpreter (5 days’ notice required), or information, please notify the Village Clerk's office of such need at least 72 hours (3 days) in advance. In accordance with Village code and section 2-11.1(s) of the Miami-Dade County Code, any person engaging in lobbying activities, as defined therein, must register at the Village Clerk’s Office before addressing the Council on the above matters or engaging in lobbying activities.