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PZ MINUTES 01-30-2025 revisedDraft.2025.03.03Mayor George Burch Vice Mayor Jesse Valinsky Councilmember Neil Cantor Councilmember Jerome Charles Councilmember Sandra Harris  Esmond Scott, Village Manager Chanae Wood, Village Attorney Ysabely Rodriguez, Village Clerk     / PLANNING AND ZONING BOARD MEETING MINUTES January 30, 2025 6:00 PM 9900 NE 2nd Avenue   CALL TO ORDER Mr. O’Hara called the meeting to order at 6:07 PM. 2. ROLL CALL Present: Mr. Brady Chair Bolton (Late Arrival 6:31 PM) Mr. Spirk Mr. O’Hara Mr. Nappier III Also, present: Chanae Wood- Village Attorney Eddy Nuñez- Interim Planning and Zoning Director (Corradino Group) Joseph Corradino- Interim Planning and Zoning Director (Corradino Group) Jerome “Jeb” Ross- Interim Planner (Corradino Group) 3. ORDER OF BUSINESS - (Additions, Deletions, and Deferrals) 4. PUBLIC COMMENTS - 2-Minute Time Limit (Non-Item Specific) Mr. Reynolds took the stand to address his concerns over how he believes that the development of the Barry property causes him some concern. Tony McCormick took the stand to address that the proposed 200+ housing units at the Barry University site will make traffic conditions worse and she believes that crime will increase. Cindy Hurst took the stand to address that the proposed project at the Barry University site will not match the current aesthetic of the Village. She argues that the Board and the Planning and Zoning Department needs to be more selective about who will develop the site. Dennis Leyva took the stand to address concerns over the Board's disagreements in the last meeting regarding the intermix of housing types within the multi-family planned project at the Barry University site. Ms. Goodman took the stand to address her concerns over the lack of setback regulations within the Village. She continues by stating that she wishes that the Village requires pervious pavers be required. She also wishes that native plants are required in landscaping plans. She argues that all plants be Florida-friendly or Florida native. She argues that the Code is not consistent on landscaping requirements. Maria McGuinness took the stand to address that the comprehensive plan includes that several housing types are permitted in the Barry University site. She also states that the proposed development at the Barry University site would be upwards of 800+ residents and that there needs to be guest parking and a public park need to be included in this development. She continues to address that the setbacks established by the Board in the last meeting were far too low compared to other nearby municipalities. Mrs, Swartz took the stand to address that 277 units of townhomes are far too many at the Barry University site. She explains that the current traffic conditions are already horrendous and multi-family homes in the Village would cause additional traffic. Stephanie addressed the Board to discuss that she does not like the concept of townhomes as they lack privacy, and do not match the culture of the Village. She finishes by stating that townhomes would be a disaster for the Village. Mrs. Cordy took the stand to address that she shares the sentiment of preserving the single-family home lifestyle of the Village. She is concerned that the landscaping and green space in this new development need to adhere to the current culture of the Village. Chair Bolton addressed the spectators stating that the Comprehensive Plan allows for townhome construction and that these meetings have been to create regulations for townhomes not decide what is happening at the Barry University site. 5. MINUTES: 5.A. Approval of Minutes from December 19th , 2025 PZ_Minutes_December_24_2024.pdf (Was this passed on consent? If so, write “Passed on consent”. ) 6. QUASI-JUDICIAL ITEM(S) - Please be advised that the following item(s) 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. 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. 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). The Board Clerk will swear in any person(s) who wishes to testify on any Quasi-Judicial item. 7. NEW ITEM(S) 6:36 PM 7.A. STPL-24-98 Owner: Nery Henry Applicant: Nery Henry Address: 21 NW 101 Street Request: New Roof (Wood Shake to Metal) Application.pdf Staff_Report.pdf Mr. Nuñez addressed the background of the existing property acknowledging that the property is designated as a historic property. The applicant wishes to replace the historic roof with a metal roof as the interior of the home has received considerable damage from recent storms. The applicants provided samples of the color metal tiles that would be approved by the HPB. Move to approve by Mr. Spirk, Seconded by Mr. O’Hara. 5-0.  7.B. RSP-24-99 Owner: Daniel & Courtney Green Agents: Salvadore Mitrani (Architect of Record) Address: 511 NE 94 ST Request: A +/-537 square foot Garage conversion reconfiguring the interior of the home: 4 bedrooms and 3-1/2 bathrooms RSP 24-99-Staff Report.pdf RSP-24-99-Application.pdf RSP-24-99-Plans.pdf Mr. Nuñez addressed the background of the property and stated that the applicant wishes to renovate the property and convert the garage of their home into a 4-bedroom home. Move to approve by Mr. O'Hara, Seconded by Chair Bolton. 5-0.  7.C. RSP-24-100 Owner: Martha Nassalska Applicant: N/A Agents: Chris Houck (Architect of Record) Address: 6 NW 106th Street Request: An approximately +/- 989 square foot new addition and overall interior renovation reconfiguring the layout of the home to consist of 4 bedrooms and 3.5 bathrooms. RSP-24-100-Application.pdf RSP-24-100 Staff Report.pdf RSP-24-100 plans.pdf Mr. Nuñez addressed the background of the existing property and stated that the applicant wishes to renovate the home and to add a 900+ foot addition to the home. This includes a new roof, new pool, and landscaping. Mr. Spirk addressed that the setbacks in similar corner lots have caused concern for residents due to side setbacks not being higher. Move to approve by Mr. Spirk, Seconded by Mr. O’Hara. 5-0.   7.C. RSP-24-100 Owner: Martha Nassalska Applicant: N/A Agents: Chris Houck (Architect of Record) Address: 6 NW 106th Street Request: An approximately +/- 989 square foot new addition and overall interior renovation reconfiguring the layout of the home to consist of 4 bedrooms and 3.5 bathrooms. RSP-24-100-Application.pdf RSP-24-100 Staff Report.pdf RSP-24-100 plans.pdf Mr. Nuñez addressed the background of the existing property and stated that the applicant wishes to renovate the home and to add a 900+ foot addition to the home. This includes a new roof, new pool, and landscaping. Mr. Spirk addressed that the setbacks in similar corner lots have caused concern for residents due to side setbacks not being higher. Move to approve by Mr. Spirk, Seconded by Mr. O’Hara. 5-0.  7.D. RSP-24-101 Owner: Samuel Joseph Soriero, Trustee Soriero Family Living Trust Applicant: N/A Agents: Mildred Majoros Address: 405 NE 99 Street  Request: A proposed new 2-Story 2-bedroom suite addition, 1-Story master bedroom suite addition, 1-car garage, new cabana area, new entry porch, and a new pool deck. RSP 24-101-Staff Report.pdf RSP-24-101-Application.pdf RSP-24-101-Plans.pdf Mr. Nuñez addressed the current conditions of the property and stated that the applicant wishes to demolish portions of the home and add an addition. Mr. Spirk asked about the septic tank and if it can adequately address the needs of the new home. He continues that the home is in Flood Zone X and that increasing the area of the home may require that the septic tank may need a larger drainage field. Margaret addressed that the owners obtained certification for the septic tank for the proposed renovation. Chair Bolton asked who provided this certification and she stated that it was a private plumbing engineer. She states that the site plan was analyzed carefully by the engineer to ensure that the septic tank would be adequate for the new home. Mr. Brady and Mr. Spirk stated that the proposed home is a very attractive design. Chair Bolton asked about the current location of the front door of the home. Margaret described that the original facade is being kept in its original format but will be moving the front door to the corner of the property. Move to approve by Mr. Brady, Seconded by Chair Bolton. 5-0.   7.E. RSP-24-102 Owner: RAMZI GEDOUN TRS GEDOUN FAMILY TRUST ELINA GEDOUN TRS Applicant: N/A Agents: Wesley A. Castellanos, Castellanos Design Studio Address: 9312 NE 9 Place Request: A Garage conversion of approximately +/- 244 square feet thus creating an office, bathroom and utility room. RSP 24-102-Staff Report.pdf RSP-24-102-Application.pdf RSP-24-102-Plans.pdf Mr. Nuñez addressed that the applicant seeks to convert the existing garage into an office, a bathroom and storage room while adding a landscaping area in front of it. Mr. Castellanos addressed that the conversion would further enhance the 1950's building designs of the original building with its window placement. Mr. Spirk stated that this is another example of a 4 bedroom home with only 2 parking spots. Mr. Brady stated that he used to live in the applicant's house and he believes the conversion significantly improves the usability of the home, Mr. Brady moved to approve the item. Mr. Nappier III seconded the motion which carried a 5-0 voice vote.   8. LEGISLATIVE ITEM(S) 7:10 PM 8.A. Ordinance - Establishing Division 25 - Community Residential (CR) District Village attorney Chanae Wood addressed the meeting by describing the drafting history of this ordinance writing. Acknowledging that there have been several versions of this document, city staff, the public, and the board have all made additions and edits. She followed that Board member Spirk had some proposed changes to the current draft of the ordinance are permissible with only one discrepancy between staff. Chair Bolton thanked Joe Corradino, the public, and the Board for all of their work in creating this draft ordinance. He believes that tonight will provide the final suggestions for this code to be presented to the Council. Mr.Brady addressed that he would like this process to be done swiftly and questioned how they would proceed. Joe Corradino stated that he would have Chair Bolton direct the discussion and only address where there have been new comments since the last meeting and gain consensus comment by comment. Line 150: Mr. Spirk states that the comprehensive plan requires that there is a mix of land uses and housing types with a desire to add that "no more than 85% of the housing in the CR district be of the same housing type". He explains that this reflects the wish of the public during the comprehensive plan process. Mr. Brady believed that this was inappropriate to add this provision at this stage in the ordinance writing. He furthers that this was an attempt to add another distraction to drag this process out further. Mr. Spirk believed that the public expressed this want several times and did not believe that this was a distraction and that the mix of housing types was the wish of the public. Chair Bolton asked Mr. Spirk to provide details on where in the document it addresses the mix of housing uses. Ms. Woods confirmed that the zoning district allows for different housing types. So the provision would allow for the Barry site to have some single-family units and mostly townhome units. Mr. Brady and Mr. Nappier III announced that they are against this measure while Mr. O'Hara and Mr. Bolton agree with Mr. Spirk. Mr. Spirk moved to include "no more than 85% of any development within the CR district may consist of the same housing type." to line 150 of the Code. Mr. O’Hara seconded the motion, which carried a 3-2 roll call vote. Mr. Spirk For Mr. O'Hara For Mr. Bolton For Mr. Nappier III Against Mr. Brady Against Mr. Nappier III and Mr. Brady voted in opposition. Mr. Spirk addressed the traffic concerns of the CR district and wished that the traffic direction be struck from the document. Line 197: Item B- Mr. Spirk believes that it is currently written very restrictive. He believes that the FAR needs to be increased to allow for more units. States that the FAR should be 1.62. Joe Corradino states that it should be measured on the gross area. He believes in setting the FAR at 1.6. Chair Bolton states to table this item for now. Item C: Mr. Spirk states that he wants the gross acres to read 25 acres as opposed to the current 23. Chair Bolton states that it is unimportant and to move on to the next comment. Item K: All in agreement to remove private streets. Item I: Mr. Spirk states that the 35% requirement would be encumbering to a developer. He wishes to restrict the number to 15% to reflect the comprehensive plan. Mr. Nuñez addressed that any incidental use such as a park, or playground should comprise 15% of the open areas of the development. Stating that this part of the code should reflect Chapter 8 of the comprehensive plan. Ms. Woods explains that the proposal that the Comprehensive Plan is already applicable to all developments and that it is not required to be written in the zoning code. Mr. Spirk followed that doing so reinforces the requirement of the Comprehensive Plan into the code increasing the chance of adherence. Item M: Mr. Spirk suggests that there needs to be parking for places of assembly such as the clubhouse and also wishes that permeable pavers be included in this section as well. Chair Bolton expressed his support for this measure. Item V: The board moved to make terminology consistent and to clean up verbiage in the parking requirements section. Mr. Spirk and Chair Bolton addressed that there needs to be a quorum on parking requirements. Add in the wording "Garages shall be extended to an adjoining alleyway to the furthest extent possible." Mr. O'Hara described that the current wording would create aesthetically unpleasing parking lots between the townhome rows. Any unit 1,000 Square Feet or less would require 1 parking space per unit added to the item. SETBACKS: Mr. O'Hara described that the 7.5-foot rear yard setback is far too small and that it should be 15 feet. Chair Bolton states that the rear yard setback can be raised to 10 feet. Mr. Brady acknowledges that the current proposed project is dead regardless of what the setback is. Mr. Spirk believes that the proposed Code is not being written to a high enough standard and believes that the 10-foot setback is the bottom level of what it should be. Mr. O'Hara moved to raise the current 7.5 foot setback to be 10 foot and the second is 12.5 foot. (Who seconded the motion?) Please copy the motion as noted above. Mr. Brady Against Mr. Nappier III Against Mr. Bolton For Mr. O'Hara For Mr. Spirk For Motion Passes INTEGRATED STREETS: Mr. Spirk stated that garages cannot be located along the perimeter of the CR district. All are in agreement. ITEM 5: Mr. Brady proposes that the 30% requirement to plant Florida native plants be increased. Mr. Spirk addressed that the planting of invasive speices is already illegal in Miami-Dade law. All are in agreement with the 30% requirement. LINE 347: The location of AC units came into question as Mr. Spirk stated that he did not wish that they be located on roofs. Mr. Brady stated that the current lot restrictions do not allow for many other options. Mr. Spirk addressed that there are workarounds but the options drew concern of noise from Chair Bolton.  Mr. Nappier expresses that the proposed change is unnecessary and Chair Bolton agrees. Mr. Spirk moved to add useable kitchens and bathrooms as required in all universal design units. Mr. Brady seconded the motion which carried a 4-1 voice vote. Chair Bolton voted in opposition. Village Attorney Wood described that this proposed addition may have some conflicts with HUD requirements or state laws. Revisiting the FAR requirement. Chair Bolton states to remove the FAR standards entirely. Village Attorney Wood signaled that the Board should summarize every item that was changed in these revisions. Joe Corradino read off each of the topics in order of discussion. Chair Bolton opens the public to speak on this item. Mr. Spirk motions to approve the ordinance as edited by Staff. Chair Bolton seconds All are in Favor. Mr. Brady states that the language established for the CR district have crippled the ability of any developer to be able to develop the Barry University site. He continues to say that the single-family atmosphere is not the only thing that makes Miami Shores a great community. Mr. Spirk continued by saying the history of the site was platted before the dog race track was there with 15% of it being single-family homes. States that there is a historical precedent to create single-family homes there. He continues that the property will get a developer to build on the lot. Mr. Nappier III states that this ordinance goes against what members of the community want. Mr. Brady thanked Chair Bolton for moving tonight's meeting along efficiently, the village attorney for her input, and Joe and Eddy for their work toward the code. Chair Bolton states that he believes that there is a good Code written from these meetings. Chair Bolton motions to approve these items to be sent to the Council. Mr. Nappier III Opposed Mr. Brady Opposed Chair Bolton In Favor Mr. Ohara In favor Mr. Spirk In Favor Motion Passes. 9. BOARD MEMBER COMMENTS Chair Bolton states that he believes this process has initiated changes that are needed in the residential code in the future and believes that should be the next major item that this Board tackles. Mr. Spirk follows that when doing so, they should use this as an opportunity to rewrite the entire Code. Mr. O'Hara believes that rewriting the Code should be the next task however, he believes that there needs to be a break between the end of this Code and the beginning of that task. Chair Bolton states that it would be the residential code and not the entire zoning code first. Mr. Corradino describes that there should be no hurry to make these code changes. He believes that this should be a slow process to get the most public input. Mr. Brady inquired to the Village attorney Ms. Woods on the update on the possible litigation against the Village. Mr. O'Hara proposes to bring up public notice requirements at the next meeting. It was deferred in prior meetings with no vote. 10. NEXT REGULAR BOARD HEARING  - FEBRUARY 27, 2025 11. ADJOURNMENT Chair Bolton moved to adjourn the meeting. Mr. Spirk seconded the motion which carried a 5-0 voice vote. There being no further business before the Planning and Zoning Board, the meeting adjourned at 9:04 PM. 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 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.