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PZ_Minutes_October_26_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 AND ZONING BOARD MEETING MINUTES October 26, 2023 6:30pm 9900 NE 2nd AVE 1) CALL TO ORDER – 6:30pm by Chair Mr. Bolton. 2) ROLL CALL Present: Mr. Nappier III Chair Mr. Bolton Mr. Brady Mr. O’Hara Absent: Mr. Finkelstein Also, present: Ms. Chanae Woods – Village Attorney Ms. Claudia Hasbun –Planning and Zoning Director Ms. Alizgreeth Tezen –Planning and Zoning Technician 3) MINUTES 3.a Approval of Minutes-September 28th, 2023. Chair Mr. Bolton asked if the dissenting vote could include the board member’s name in the minutes for future meetings. Motion to approve with amendments by Mr. Brady, Seconded by Mr. Nappier III. 4-0. PZ_Minutes_09_28_23.pdf ACTION ITEM(S): PUBLIC HEARING(S) 2 Mr. Bolton and Mr. Brady suggested moving the public comments above item 4. Motion to move public comments to the top of action items and before board member comments; By Mr. Brady, seconded by Mr. O’Hara. 4-0 Public Comments: Mayor George Burch (1440 NE 101st ST) Mayor Burch asked the planning and zoning board if they’ve look over road ways and proposed changes to the village? Chair Mr. Bolton stated that he guesses be part of planning and zoning board role to look into it and would have to start reviewing any desired changes. Mayor Burch brought up a concern for the design changes on 104th street and if the planning and zoning board had a chance to look over at the proposal? Chair Mr. Bolton stated that he has not been presented anything official nor has any of the board members. Mayor Burch stated that he has a concern for planning and zoning not being part of the review process and feels that the boards and committees purpose is to represent the needs and wants of the village as oppose to management having the will of what they think the village wants to do. Mayor Burch is concerned about the proposal to raise the road one-foot and that the flooding will cause an impact on the homes in that area. Mayor Burch stated that he is no engineer however, feels that dropping the elevation is the most appropriate approach to reduce the flooding going into private property. Mayor Burch also brought up the concern on a home being built on 95th street and asked if the planning and zoning board is granting variances for setbacks and what are the setbacks for residential sites? Chair Mr. Bolton stated that yes, the board grants variances and the setbacks are supposed to be minimum 10 feet from the property line. Mayor Burch also asked the board if they’ve had the chance to look over at the seawall proposal on the park at 96th street? Chair Mr. Bolton stated that the planning and zoning board has no jurisdiction; and that would be something that public works looks over. Ms. Hasbun stated that there would have to be a review on the current zoning code to see how that can be amended or changed in order to let the planning and zoning board to review these types of projects and provide recommendation. As the zoning code stands, they would not have jurisdiction over these types of projects. There would have to be modifications to be made to expand that jurisdiction and create a review process. Mr. O’Hara asked Ms. Hasbun if Mayor Burch or Village Council wishes to have planning and zoning board have some jurisdiction over those types of projects; village council can take that action at the next council meeting and do so officially? Ms. Hasbun stated that is correct. Mayor Burch stated that he has not read that part on the code, and is not as up to date as Ms. Hasbun is however, if they need to have authority to move forward then Mayor Burch said to go ahead and bring that concern over to them so it can be taken into consideration. Mr. Brady asked Ms. Hasbun if the planning and zoning board can just ask public works if they can present to them what are the plans for these projects, and get an update? Ms. Hasbun stated that if it’s just the purpose for information the yes it can be presented; however if it’s to review and provide recommendations as an action to change or modify then it would require to change and modify the jurisdiction of the boar d as it was stated before. Mr. Brady asked if the board wants to shine the light on somethings then it would be clearly defined. Ms. Hasbun stated that if it is a listening session that can be done. Mr. O’Hara stated that if the board wants to then it could be a recommendation brought to council to consider giving the Planning and Zoning Board jurisdiction on reviewing those projects pertaining the public right of way. Ms. Hasbun stated that if the board decides to bring it up to council as a discussion item then it would have to be motioned. 3 Motion to send recommendation to Village Council for Planning and Zoning Board to review public Right of way items that have it as a discussion item to Village Council. By Mr. O’Hara, seconded By Mr. Brady. 4-0. 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.” 4) DEVELOPMENT ORDER EXTENSION 4.a STPL-000088-2021 Owner: Valerie Schiede Applicant: N/A Agent: Lee Martin Address: 1481 NE 104th ST. Request: Development Order Extension Mr. Martin (Agent spoke at the podium) Mr. Brady asked about the location of the project stating that is a large Californa style home.Mr. Martin stated that it is a double lot and that the reason for the delay in starting construction, was due to COVID19 slowing down the project. Mr. Martin stated that per delays with the county, that was one of the reasons for a late permit request to Miami Shores Village building department. Chair Mr. Bolton asked if they will have enough time for November 24, 2023 and would it be better to push it in case they run into other delays. Ms. Hasbun stated that the development order extension can only be approved thru the planning and zoning board since the 6-month extension administratively cannot be done ; the only other option is through the Planning and Zoning Board, which expires on November 24th , 2023. Motion to approve development order extension by Mr. Brady, Seconded by Mr. Nappier III. 4-0. STPL-000088-2021 EXT.pdf LeBetard Request for Extension Letter.pdf DO-STPL-000088-2021_Schiede_Martin.pdf 1481 NE 104 ST - PLANS.pdf 5) TABLED ITEMS 5.a RSP-23-80 Owner: Daniel Jaramillo -Improvement Development 04 LLC Applicant: Daniel Jaramillo -Improvement Development 04 LLCAgent: Juan Zapata Address: 549 NE 95th ST. Request: Site Plan Modification Approval for a garage conversion of 288 sqft. Mr. Zapata (Agent spoke at podium) Mr. Zapata stated that due to not being able to be present last meeting, that is why he is here today to talk about the project. Mr. Zapata stated that the additional square footage was created to be able to have more room and the ceiling, roof, and height of the structure is going to remain the same. Chair Mr. Bolton asked the only change is the removal of the garage door? Mr. Zapata stated yes. Motion to approve by Mr. Brady, Seconded by Mr. Nappier III. 4-0. 4 RSP-23-80.pdf RSP-23-80-549_NE_95th_ST-Application.pdf RSP-23-80-549_NE_95th_ST-Plans.pdf 5.b VAR-23-41 Owner: Lance Tinkler and Jennifer Tinkler Applicant: Lance Tinkler and Jennifer Tinkler Agent: Relvy Moronta Hernandez Address: 620 NE 101st ST. Request: Site Plan Approval for a Variance for a front fence to exceed the (3) feet and (6) inch limitation to (5) feet and (6) inches with gates up to (8) feet in height. Motion to untable by Chair Mr.Bolton. Mr. Tinkler and Mrs. Tinkler (Owners) and Mr. Hernandez (Agent spoke at podium). Mr. Tinkler stated that the main concern is the safety of the kids per the adjacency of the golf course. Mr. Tinkler stated that there are some coyotes that are around the neighborhood. Ms. Tinkler stated that she is more concern for the safety of the children and the homeless people being around the golf course. Ms. Tinkler spoke about the lack of safety in the street where its abutting the golf course. Mr. Brady asked if Miami Shores Village have been receiving any reports of coyote attacks? Mr. Tinkler stated that the goal is to prevent it from happening and protecting the family is the main priority. Mr. Tinkler stated that adding foliage can be used to help to reduce the height intimidation. Mr. O'Hara stated that the entrance feature is where it passes the aspect of being a safety feature. Mr. Nappier III, stated that he has seen the coyotes and the homelessness. Mr. Nappier III stated that maybe removing the canopy and reducing the height to 5 feet would be fair. The cascading vine will soften the front entry. Mr. O'Hara stated that the vine can be achieved in a different way without needing to increase the height. Chair Mr. Bolton stated that anyone in the community can set the same precedent on the issue with homelessness and coyote. Mr. Brady stated that unless there is some overwhelming reason to add a fence higher than 3-1/2 feet. and feels it's a bit much. Mr. O'Hara stated he would be fine with a 5 feet fence and not as presented and we need to be fair. Mr. Nappier III stated he agrees with the same point of view as Mr. O'Hara and does not agree with the 8 foot column and pergola. Ms. Hasbun stated that based on recommendation from staff then the applicant would have to return with new set of plans. Chair Mr. Bolton stated that they would have to come back in one-year with new plans providing the recommendations. Mr. Tinkler stated that there is a large difference on the massing of the home compared to other homes. Motion to table by Mr. O'Hara seconded by Mr. Brady. 4-0. VAR-23-41.pdf VAR-23-41-620 NE 101st ST-Application.pdf VAR-23-41-620 NE 101st ST-Plans.pdf 6) NEW ITEMS 6.a RSP-23-40 Owner: Lissette Montalvo Applicant: Eagle Concrete Corporation Agent: Eagle Concrete Corporation Address: 9740 N Miami Ave. Request: Site Plan Approval for a Garage Conversion for a storage room. Motion to table by Mr. O'Hara, seconded by Mr. Nappier III. 4-0. 5 RSP-23-40.pdf RSP-23-40-9740 N Miami Ave-Application.pdf RSP-23-40-9740 N Miami Ave-Plans.pdf 6.b RSP-23-84 Owner: Andrew Holler and Laurel Holler Applicant: Claudia Felice Agent: Alvaro Betancourt Address: 540 NE 96th ST. Request: Site Plan Approval for a Garage Conversion and a small Addition of 45 square feet. Mr. Holler (Owner spoke at podium) & Mr. Mr. O'Hara asked if the Historic Preservation Board has to hear this application due to it being nationally historically designated? Ms. Hasbun stated only for locally historic. Mr. O'Hara asked about the conditions. Ms. Hasbun stated that it is due to the width of the circular driveway and the existing partial non-conforming driveway must remain the same. Mr. O'Hara asked about the house being nationally historic and can see it from the public right of way, what materials will be incorporated into the new windows and doors? the agent stated it's to add bi-fold doors and add new aluminum to match the existing. The goal is to keep the look of the house as is. Mr. Holler stated that if major changes are made then there is a guideline that they must follow for any modifications being done to nationally historic home. Mr. Brady asked what is being done the the driveway. Ms. Hasbun stated that there is one approach that will require a public works permit. Motion to approve new garage doors and windows match the current colors and style of the home by Mr. O'Hara, seconded by Mr. Brady.4-0. RSP-23-84.pdf RSP-23-84-540 NE 96 ST-Application.pdf RSP-23-84-540 NE 96 ST-Plans.pdf 6.c RSP-23-85 Owner: Alfred Dawson and Nancy Dawson Applicant: Alfred Dawson and Nancy Dawson Agent: N/A Address: 289 NE 102nd ST. Request: Site Plan Approval for a Garage Conversion and a Facade Modification. Ms. Dawson and Mr. Dawson (Owners spoke at the podium) The bedrooms and existing areas are connecting with each other. Mr. Brady asked what is the facade modification and Ms. Dawson stated that this is only being done on the left side. Motion to approve by Mr. Brady seconded by Mr. Nappier III. 4-0. RSP-23-85.pdf RSP-23-85-289 NE 102 ST-Application.pdf RSP-23-85-289 NE 102 ST-Plans.pdf 6 6.d RSP-23-88 Owner: Ricki Lee London Applicant: Ricki Lee London Agent: Albert Rodriguez Address: 9290 N Bayshore Dr. Request: Site Plan Approval for a New Construction for a two-story single-family home of 5,120 square feet. Mr. Rodriguez (Agent) and Mr. London (Owner) spoke at the podium. Mr. Brady asked is there a flood plane elevation certificate of the property. Ms. Hasbun stated the current finish floor elevation is 7.9 and the proposed is 11 feet. Mr. Brady asked how is the home going to be raised 5 feet; there is a raise of 42" inch on the retaining wall that is on the property line to address the issues with retaining rainwater within the property. Mr. O'Hara stated that he appreciates the style that is being brought to the neighborhood. Public Comment Resident Mr. Ivy spoke against the proposal. Motion to continue 3 minutes. by Mr. O'Hara seconded by Mr. Brady. 4-0. Motion to approve with conditions by Mr. Brady, seconded by Mr. Nappier III. 4-0. RSP-23-88.pdf RSP-23-88-9290 N Bayshore Drive-Application.pdf RSP-23-88-9290 N Bayshore Drive-Plans.pdf 6.e RSP-23-89 Owner: Carlos E. Antonorsi & Tiffany Azmouz Applicant: Carlos E. Antonorsi & Tiffany Azmouz Agent: Victor Bruce Address: 93 NW 97th ST Request: Site Plan Approval for an Addition of 1,431 square feet including a new garage and a Facade Modification. Mr. Bruce (Agent spoke at the podium) Mr. Bruce stated that the goal is to provide a higher roof to an existing garage on the west side and an addition will be on the rear, which will create a bigger kitchen, and more space as well as a new foyer. Motion to approve with conditions by staff Mr. Brady, seconded by Mr. Nappier III. 4-0. RSP-23-89.pdf RSP-23-89-93 NW 97 ST-Application.pdf RSP-23-89-93 NW 97 ST-Plans.pdf 7) PUBLIC COMMENTS 8) BOARD MEMBER COMMENTS Mr. Brady asked staff for an update on the comprehensive plan. Ms. Hasbun stated that the state department sent a letter that the Village will receive by November 5th a notice of intent and its published for a 30-day period for anyone to challenge it. If there is no challenge then the 7 comprehensive plan is approved and adopted. Mr. Brady asked who decided on this; Ms. Hasbun stated that other agencies review it and so far, the comments have been very positive by those who were able to review and respond to it. Mr. O’Hara asked is there some recognition item to give to Mr. Busta for his service as a board chair. Ms. Hasbun stated that the Village Clerk is working on that and will coordinate. Mr. O’Hara brought up if there is a way for residents to be notified for notice through the drafted notice requirements from the past. Chair Bolton asked is there is a requirement that they need to follow with the state? Ms. Hasbun stated that we are meeting the state requirements and looking into other municipalities as examples on how they are doing it. Ms. Woods stated that it would vary on the type of application and how it will be addressed. 9) NEXT REGULAR BOARD HEARING - NOVEMBER 16, 2023 10) ADJOURNMENT- Motion to adjourn at 8:20pm.