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2024-02-22 PZB Minutes 1 Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Neil Cantor Councilmember Jerome Charles Councilmember Sandra Harris Esmond Scott, Village Manager Chanae L. Wood, Village Attorney Ysabely Rodriguez, Village Clerk MEETING MINUTES PLANNING AND ZONING BOARD FEBRUARY 22, 2024 6:30PM 9900 NE 2ND AVE 1. CALL TO ORDER - By Chair Mr. Bolton at 6:30pm. 2. ROLL CALL Present: Mr. Nappier III Chair Mr. Bolton Mr. Brady Mr. O’Hara Absent: Mr. Finkelstein Also, present: Chanae Wood- Village Attorney Alex A. David, AICP, CGA, Interim Dir. Alizgreeth I. Tezen, Planning & Zoning Technician Antonio Augello, CGA, Interim Planner 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS, DELETIONS, DEFERRALS Ms. Wood asked the board to approve the revised agenda style for future meetings. Move to approve by Mr. Brady, Seconded by Mr. O’Hara. 4 -0. 5. MINUTES 5.A. Approval of the Minutes from January 25, 2024 01-25-2024 Minutes Move to approve by Mr. Brady, seconded by Mr. Nappier III. 4-0. 2 6. GENERAL PUBLIC COMMENTS (Non-Item Specific) 2-Minute Time Limit Toni McCormick - Spoke in opposition to the code language concerning the agenda item related to Barry University. 7. BUSINESS REQUIRING BOARD ACTION 7.I. Quasi-Judicial Item(s) (Village Attorney) QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Board’s agenda are Quasi-Judicial in nature. If you wish to comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. Board member disclosures, Mr. O’Hara spoke to staff and several Village residents. SWEARING IN - All testimony, including public testimony and evidence, will be made under oath or affirmation. In accordance with Section 2-100 of the Village Code, any Lobbyists must register before addressing the Board on any of the following items. At this time Board members must disclose any ex-parte communications concerning any items on the agenda, pursuant to Section 2-86 of the Village Code. (Board Members Disclosures, if applicable) At this time, the Board Clerk will swear in any person(s) who wishes to testify on any Quasi-Judicial item. Board Clerk: “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.” TABLED ITEMS 7.I.A. RSP-23-94 Owner: Jeffrey Zananiri Applicant: N/A Agent: N/A Address: 30 NE 106 ST. Request: The applicant is requesting approval for the following: 1. Rear addition of 122 square feet visible from the public right-of- way. 2. Garage conversion and driveway reconfiguration. 3. Remove front yard planter. 4. Remove and relocate AC unit. RSP-23-94 -Staff Report.pdf RSP-23-94 -Application.pdf RSP-23-94 -Plans.pdf Mr. David explained the background on the property and provided information on the scope of work. Mr. Zananiri spoke at the podium and gave a brief explanation of the project. 3 Move to approve subject to staff condition by Mr. O'Hara, seconded by Mr. Brady. 4-0. 7.I.B. RSP-23-112 Owner: Jonathan C. Buckland, & Cassidy D. Buckland Applicant: Cassidy D. Buckland Agent: Ed Fortich Address: 358 NE 94th ST. Request: The applicant is requesting approval for the following: 1. Construction of a new two-story single-family home totaling 7,933 square feet, including a new pool, driveway, pool deck, landscaping, and fence. RSP-23-112 -Staff Report.pdf RSP-23-112 -Application.pdf RSP-23-112 -Plans.pdf Mr. David explained that this project came before the board last month and was tabled and stated the applicant addressed the previous comments by the board and public. Mr. Fortich spoke at the podium and presented the project and provided revisions on the items presented. Mr. Brady asked about the FAR ratio and Mr. David stated that the code doesn't require FAR ratio for single-family homes. Chair Mr. Bolton asked about the height. Mr. O'Hara asked about the style and how it fits with the street. Mr. Fortich explained the materiality and intent of the style. Ms. Wood stated that the changes requested by the planning and zoning board will not be reflected on this site plan but it would have to be deferred and be addressed in the site plan presented in the next meeting. Public Comment: Ms. Maria McGuiness- spoke in opposition on the project. Ms. Carol Respondek- spoke in opposition on the project. Ms. Becky Lennard - spoke in opposition on the project. Move to untable by Mr. O'Hara, seconded by Mr. Brady. 4- 0. Ms. Wood stated that the planning and zoning board charge is to review the application to ensure it meets code, that the project be harmonious with the surrounding area is not the only charge, there are legal items that need to be met as well. Mr. Brady asked the architect to make the house more harmonious and include context in the renderings. Move to table item by Mr. Brady, seconded by Mr. O'Hara. 3-1. (Mr. Nappier III opposed). 4 NEW ITEMS 7.I.C. RSP-23-111 Owner: Fernando Gutierrez Applicant: Fernando Gutierrez Agent: Jordi Esteban Address: 249 NW 92nd ST. Request: The applicant is requesting approval for the following: 1. Garage conversion and driveway reconfiguration. 2. 2-story, 967 square foot addition (including garage conversion), visible from right of way. 3. Exterior landscape modifications including 5’-high side yard wall, metal gate, and front trellis over existing entry. RSP-23-111 -Staff Report.pdf RSP-23-111 -Application.pdf RSP-23-111 -Plans.pdf Mr. Esteban explained the proposed two-story addition, it’s style and construction. Public Comment: Ms. Tezen read a concern about the proposed two-story addition property from a neighboring resident. Move to approve by Mr. Brady, Seconded by Mr. Nappier III. 4-0. 7.I.D. RSP-23-116 Owner: Ekatherina Tatochenko & Daniel Macauley Applicant: Ekatherina Tatochenko & Daniel Macauley Agent: Carlina Arronte Address: 465 NE 102nd ST. Request: The applicant is requesting approval for the following: 1. Construction of a new two-story single-family home totaling 5,613 square feet. RSP-23-116 -Staff Report.pdf RSP-23-116 -Application.pdf RSP-23-116 -Plans.pdf Ms. Arronte spoke about the project and explained the intent of the design. Move to approve subject to staff conditions by Mr. O'Hara, Seconded by Mr. Nappier III. 4-0. Ms. Wood asked the board to change the order of the legislative items from the current 7.I.E, 7,II.F, 7.II.G to 7.II.G, 7.II.F, 7.IE. 5 7.I.E Move to change agenda order by Mr. Brady, Seconded by Mr. O’Hara. 4-0. Ordinance – Rezoning of Properties Location: See Folio Nos. Below Requestor: Miami Shores Village Request: AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, APPROVING THE REZONING OF (1) AN APPROXIMATELY 25 ACRE PARCEL OF LAND, FROM S-1 – SPECIAL USE-UNIVERSITY DISTRICT TO CR – COMMUNITY RESIDENTIAL DISTRICT FOR PROPERTIES IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NOS. 11-2136- 036-0021, 11-2136-036-0020, 11-2136-001-0140, 11-2136-001- 0150, 11-2136-001-0160 AND PORTIONS OF 11-2136-000-0060 AND 11-2136-001-0010, AS LEGALLY DESCRIBED AND DEPICTED IN EXHIBIT “A,” AND (2) AN APPROXIMATELY .25 ACRE PARCEL OF LAND FROM CF – COMMUNITY FACILITIES DISTRICT TO R-25 ONE-FAMILY RESIDENTIAL DISTRICT FOR PROPERTY IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 11-3206-014-0601, AS LEGALLY DESCRIBED IN EXHIBIT “B;” PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Barry and CF Rezoning Memo-pdf Legal AD.pdf Rezoning Barry and CF PPT.pptx Ms. Wood stated that this particular item is partially deferred as the Barry site cannot move forward however the small parcel can move forward. Mr. David briefly spoke about the parcel moving it from its current zoning of community facility to single-family (R-25). Public Comment: Sree Reddy- spoke in support of the application and is in agreement to the rezone. Shane Graver- is the realtor that sold the land to the owner and is in favor of the decision. Move to approve recommendation to for Village Council to adopt by Mr. Brady, Seconded by Mr. Nappier III. 4-0. 7.II. Legislative Item(s) 7.II.F. Ordinance – Establishing Division 25 – Community Residential District Location: N/A Requestor: Miami Shores Village Request: 6 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, AMENDING APPENDIX A, “ZONING,” ARTICLE III, “DISTRICTS AND DISTRICT MAP,” SECTION 300(2) AND ARTICLE IV, “ESTABLISHMENT OF REGULATIONS,” “SCHEDULE OF REGULATIONS,” TO INCLUDE THE CR - COMMUNITY RESIDENTIAL DISTRICT; AMENDING ARTICLE V, “SUPPLEMENTARY REGULATIONS,” DIVISION 24, TO UNRESERVE SECTIONS AND CREATING DIVISION 25, “COMMUNITY RESIDENTIAL DISTRICT” TO ESTABLISH REGULATIONS FOR THE CR – COMMUNITY RESIDENTIAL DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. Community Residential District Regulations Memo-.pdf Legal AD.pdf Mr. David recommended to the board to defer the item and instead hear it as a discussion item in order to provide feedback to staff. Chair Mr. Bolton asked that the genesis of this zoning code draft for community residential be explained. Mr. David stated that this is a detailed code for the community residential district, and it would be more of a PUD (Planned Unit Development) which is designed for this specific site and in collaboration with Lennar. Chair Mr. Bolton asked staff to provide the process on how this will be created? Will it require to have a CR code before a map/district can be produced? Ms. Wood stated the process will be through the community residential district itself by the regulations and then the Village would rezone those properties to CR and ensure the zoning is consistent with the Future Land Use Map. The regulations have to be created in order to avoid conflicts with the two. Ms. Wood recommended that the board not rezone the property before having regulations in place. Ms. Wood asked the board to consider a partial deferral since one of the properties would be able to move forward with the rezone while the Barry site will have to wait before it can be rezoned. The sequence is reviewing the regulations first and then move forward with the rest. Mr. David stated that the idea is to have “eyes on the street” with the doors in the front and the garage being in the interior and use the new urbanism approach. Public Comment: Brandon Spur - spoke in opposition to the code and wants the community to be part of writing the code instead of Lennar writing it. Carter McDowell - spoke in agreement with the code and wants to seek approval. Maria McGuiness - spoke in opposition to the code and asked that the community be involved with writing the code instead of Lennar. Toni McCormick - spoke in opposition to the code. 7 Mr. O’Hara asked about the timeline to revise the proposed code? Mr. David stated that it would depend on the scheduling with staff. Chair Mr. Bolton asked is there a template that can be used? Mr. David stated he can find examples and provide proper research. Move to defer item no earlier than April meeting Mr. O’Hara, Seconded by Mr. Brady. 4-0. Chair Mr. Bolton asked if a special meeting can take place to allow for public input. Mr. David stated that if the board chooses to do a special meeting is to hear this item and take more comments. Mr. Scott (Village Manager) - stated that both Weiss Serotta and CGA working in the best interest of the Village and is open to a workshop to hear the voice of the residents. Maria McGuiness- She stated to have a draft and to have parameters in order for it to move forward and be more productive. Brandon Spur- Stated that the language should embodiment of what the shores should be and safe guard against developments as such. Carter McDowell- Spoke against the accusations of Barry having financial burdens. 7.II.G. Ordinance – Official Zoning Map Location: Village wide Requestor: Miami Shores Village Request: AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA, READOPTING THE OFFICIAL ZONING MAP FOR PROPERTIES LOCATED IN MIAMI SHORES VILLAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Zoning Map LPA Memo-.pdf Legal AD.pdf Proposed Zoning Map PPT.pdf Mr. David explained that the changes to the map are to modernize and to be consistent with the amended Future Land Use Map. The purpose is to have consistency and ensure that there is a base map. Mr. David showed previous maps that were used to reference the zoning districts. Mr. O’Hara asked Mr. David if the map is 100% consistent with the comprehensive plan and future land use map however the new item with the change of S-1 to CF is not being reflected nor is the CF to R for one of the rezone applications that were pending. Public Comment: 8 Maria McGuiness - asked about an area shown on the presentation of the zoning map that is not highlighted. Mr. David explained that it is part of the R.O.W. Also, is the map including all of the parking lots that are not privately owned? Mr. David stated that it is matching what is on the comprehensive plan FLUM. Toni McCormick - asked if the parking can be shown better. Move to approve recommendation for the Village Council to adopt as the official zoning map by Mr. Brady, Seconded by Mr. Nappier III. 4-0. 8. PUBLIC COMMENTS - 2-Minute Time Limit 9. BOARD MEMBER COMMENTS Ms. Woods asked the Board for direction in priorities so that staff can work on the specific items that are important to the board. Mr. O’Hara asked about the public notices and to ensure it is added. Chair Mr. Bolton asked that the priority should be the CR District and then the R and Multifamily. The expectation is to have these in April. 10. NEXT REGULAR BOARD HEARING – MARCH 28, 2024 11. ADJOURNMENT - Motion to adjourn by Mr. Brady, Seconded by Mr. Nappier III. 10:09pm The Planning and Zoning Board 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 Planning and Zoning Board meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any matter considered at such meeting or hearin g, 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 requirin g 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 Planning and Zoning Board on the above matters or engaging in lobbying activities.