Zoning Hearing

Agenda (non-virtual)

VILLAGE OF PALMETTO BAY

Mayor Karyn Cunningham

Vice Mayor Mark Merwitzer

Council Member Patrick Fiore (Seat 1)

Council Member Steve Cody (Seat 2)

Council Member Marsha Matson (Seat 3)

Village Manager Nick Marano

Village Attorney John C. Dellagloria

Village Clerk Missy Arocha

In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting.

AGENDA

ZONING HEARING

MONDAY, MAY 19, 2025 - 7:00 PM

VILLAGE HALL MUNICIPAL CENTER

9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157

(305) 259-1234

1.

CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER:

Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting.

2.

REQUEST, PETITIONS, AND PUBLIC COMMENTS

Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the Village Council. Speakers will address the Village Council with respect.

3.

APPROVAL OF MINUTES

A.

Zoning Hearing (April 21, 2025)

4.

MAJOR PROJECTS UPDATE

5.

PUBLIC HEARING ITEMS

A.

Applicant: VILLAGE OF PALMETTO BAY

Location: VILLAGE-WIDE

Application: CP-23-001

Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ADOPTING AMENDMENTMENTS TO THE VILLAGE'S COMPREHENSIVE PLAN'S GOALS, OBJECTIVES, AND POLICIES CONSISTENT WITH THE VILLAGE'S ADOPTED EVALUATION AND APPRAISAL REPORT (EAR) OF THE VILLAGE'S COMPREHENSIVE PLAN, IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; ADOPTING THE UPDATED MAP SERIES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY IN THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Planning and Zoning Director, Javier Gonzalez) (This Ordinance is being heard on Second Reading)

B.

Applicant: VILLAGE OF PALMETTO BAY

Location: VILLAGE-WIDE

Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND USE AND DEVELOPMENT; CREATING SECTION 30-60.13 OF THE VILLAGE LAND DEVELOPMENT CODE, ENTITLED "ENCROACHMENTS WITHIN UTILITY EASEMENTS," PROHIBITING THE CONSTRUCTION OF STRUCTURES WITHIN FLORIDA POWER & LIGHT TRANSMISSION EASEMENTS; PROVIDING FOR THE REGULATION OF OTHER EASEMENTS; PROVIDING FOR DEFINITIONS; ESTABLISHING REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) (This Ordinance is being heard on First Reading)

Mayor Karyn Cunningham Vice Mayor Mark Merwitzer Council Member Patrick Fiore (Seat 1) Council Member Steve Cody (Seat 2) Council Member Marsha Matson (Seat 3) Village Manager Nick Marano Village Attorney John C. Dellagloria Village Clerk Missy Arocha 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE, AND DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or slanderous remarks, or who becomes boisterous, while addressing the Council may be barred from further appearance before the Council by the Mayor, unless permission to continue or again address the Council is granted by a majority vote of the Council. Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so quietly. All cellular telephones and beepers are to be silenced during the meeting. 2. REQUEST, PETITIONS, AND PUBLIC COMMENTS Individuals wishing to speak on matters on the agenda and on items pertinent to the Village may do so by speaking during this section of the agenda. The Mayor will recognize those persons who wish to speak. Each speaker must sign-in prior to speaking on the designated public commentary sign-in sheet. Items for public hearing provided for within the agenda shall not be a topic of discussion during this section of the agenda. Please limit your comments to three (3) minutes or less. Public comments made by members of the public are important to the Village Council. Speakers will address the Village Council with respect. VILLAGE OF PALMETTO BAY In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation, a sign language interpreter, or hearing impaired to participate in this proceeding should contact the Village Clerk at (305) 259-1234 for assistance no later than four days prior to the meeting. AGENDA ZONING HEARING MONDAY, MAY 19, 2025 – 7:00 PM VILLAGE HALL MUNICIPAL CENTER 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 33157 (305) 259-1234 1

3. APPROVAL OF MINUTES A. Zoning Hearing (April 21, 2025) 4. MAJOR PROJECTS UPDATE 5. PUBLIC HEARING ITEMS A. Applicant: VILLAGE OF PALMETTO BAY Location: VILLAGE-WIDE Application: CP-23-001 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, ADOPTING AMENDMENTMENTS TO THE VILLAGE’S COMPREHENSIVE PLAN’S GOALS, OBJECTIVES, AND POLICIES CONSISTENT WITH THE VILLAGE’S ADOPTED EVALUATION AND APPRAISAL REPORT (EAR) OF THE VILLAGE’S COMPREHENSIVE PLAN, IN ACCORDANCE WITH SECTION 163.3191, FLORIDA STATUTES; ADOPTING THE UPDATED MAP SERIES; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY IN THE FLORIDA DEPARTMENT OF COMMERCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Administration and prepared by Planning and Zoning Director, Javier Gonzalez) (This Ordinance is being heard on Second Reading) B. Applicant: VILLAGE OF PALMETTO BAY Location: VILLAGE-WIDE Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO LAND USE AND DEVELOPMENT; CREATING SECTION 30-60.13 OF THE VILLAGE LAND DEVELOPMENT CODE, ENTITLED “ENCROACHMENTS WITHIN UTILITY EASEMENTS,” PROHIBITING THE CONSTRUCTION OF STRUCTURES WITHIN FLORIDA POWER & LIGHT TRANSMISSION EASEMENTS; PROVIDING FOR THE REGULATION OF OTHER EASEMENTS; PROVIDING FOR DEFINITIONS; ESTABLISHING REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Councilmember Steve Cody) (This Ordinance is being heard on First Reading) 6. ADJOURNMENT ZONING HEARING (Monday, June 16, 2025, at 7:00 PM) WE, THE VILLAGE COUNCIL OF THE VILLAGE OF PALMETTO BAY, HEREBY COMMIT OURSELVES TO MAINTAINING CIVILITY IN OUR PUBLIC AND POLITICAL DISCOURSE AND PLEDGE TO THE FOLLOWING PRINCIPLES: We will respect the right of all citizens in our community to hold different opinions; We will avoid rhetoric intended to humiliate or question the wisdom of those whose opinions are different from ours; We will strive to understand differing perspectives; 2

We will choose our words carefully; We will speak truthfully without accusation and we will avoid distortion; We will speak out against violence, prejudice, and incivility in all of their forms, whenever and wherever they occur. NOTICE OF APPEAL RIGHTS Pursuant to Florida Statutes 286.0105, the Village hereby advises the public that if a person decides to appeal any decision made by the Council with response to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, the affected person may need to ensure that verbatim record of the proceedings is made, which record includes testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the Village for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed. AMERICAN DISABBILITIES ACT OF 1990 This meeting is open to the public. In accordance with the American Disabilities Act of 1990, persons needing special accommodation or a sign language interpreter to participate in this proceeding should contact the Village Clerk at (305) 259-1234 no later than four (4) days prior to the meeting. Hearing Assistance Devices are available with the Village Clerk. 3

AGENDA ITEM NO. 3.A Item Cover Page DATE: May 19, 2025 SUBMITTED BY: Missy Arocha, Village Clerk's Office ITEM TYPE: Minutes AGENDA SECTION: APPROVAL OF MINUTES SUBJECT: Zoning Hearing (April 21, 2025) SUGGESTED ACTION: ZONING HEARING AGENDA ITEM REPORT ATTACHMENTS: 2025-04-21 Zoning-Minutes Exhibit A - Public Comments by Form 4

MINUTES Zoning Hearing – April 21, 2025 Page 1 of 10 1 MINUTES2 ZONING HEARING3 MONDAY, APRIL 21, 2025 – 7:00 PM4 VILLAGE HALL COUNCIL CHAMBERS5 9705 EAST HIBISCUS STREET, PALMETTO BAY, FL 331576 7 8 1. CALL TO ORDER, ROLL CALL, INVOCATION,PLEDGE OF ALLEGIANCE, AND9 DECORUM STATEMENT, IN THAT ORDER: Any person making impertinent or10 slanderous remarks, or who becomes boisterous, while addressing the Council may be11 barred from further appearance before the Council by the Mayor, unless permission to12 continue or again address the Council is granted by a majority vote of the Council.13 Applauding speakers shall be discouraged. Heckling or verbal outbursts in support or14 opposition to a speaker, or his or her remarks, shall be prohibited. No signs or placards15 shall be allowed in the Council meeting. Persons exiting the Council meeting shall do so16 quietly. All cellular telephones and beepers are to be silenced during the meeting.17 18 The Zoning Hearing was called to order at 7:00 PM.19 20 The following members of the Village Council were present during the roll call:21 Vice Mayor Mark Merwitzer22 Councilmember Patrick Fiore23 Councilmember Steve Cody24 Councilmember Marsha Matson25 26 Mayor Karyn Cunningham was absent, and Vice Mayor Mark Merwitzer chaired the27 hearing.28 29 The following Charter Officials were in attendance:30 Village Manager Nick Marano31 Village Attorney John C. Dellagloria32 Village Clerk Missy Arocha33 34 A moment of silence was observed in honor of the victims of the Florida State University35 shooting and in remembrance of the passing of Pope Francis.36 37 Councilmember Patrick Fiore led the invocation.38 39 2. REQUEST, PETITION, AND PUBLIC COMMENTS: The following speakers addressed40 the Council for a time allotment of three minutes.41 42  Sandra Saavedra (8400 SW 174th Street) - shared concerns about increased traffic43 5

MINUTES Zoning Hearing – April 21, 2025 Page 2 of 10 congestion in the Malbrook neighborhood, particularly at the three-way intersection1 of SW 174th Street and SW 84th Avenue. She explained that she moved to the2 area in June 2024 and noted that while traffic was manageable during the summer3 months, it significantly worsened with the start of the school year and indicated that4 many drivers are using neighborhood streets as cut throughs to avoid congestion5 on main roads. Having moved from Homestead due to traffic issues, she explained6 disappointment at encountering similar problems in their new home, despite a long-7 standing personal connection to the Palmetto Bay area through programs such as8 summer camps since 2016. She acknowledged not having a clear solution but9 emphasized that the current traffic situation is unsustainable and requested10 consideration from the Village to address the issue.11 12  Hilary Sturkie (17522 SW 84th Avenue) - voiced appreciation to the Village Manager13 for the recent traffic mitigation initiative and reported that traffic flow had noticeably14 improved and credited the placement of barricades for making a significant15 difference in the neighborhood. She explained that the current efforts provide some16 relief to the community and observed that while signage and police enforcement17 were largely ineffective—due to drivers ignoring signs and maneuvering around law18 enforcement—the barricades were effective in managing traffic and discouraging19 reckless driving. She urged the Council to maintain these efforts, especially with20 anticipated increases in traffic volume along SW 87th Avenue.21 22  Adele Wheeler (8805 SW 183 rd Terrace) – spoke opposition to the barricades23 installed in the Malbrook neighborhood and voiced that the barricades created more24 traffic in the area. She urged the Council to consider other solutions and to remove25 the barricades as soon as possible from the area.26 27 3. APPROVAL OF MINUTES28 29 A. Zoning Hearing (February 25, 2025)30 31 Councilmember Marsha Matson moved to approve the minutes. Seconded by32 Councilmember Patrick Fiore. The motion passed (4-1); Councilmember Steve33 Cody voted in opposition in the approval of the minutes.34 35 Councilmember Patrick Fiore motioned to direct the Manager to give an update on the36 traffic conditions and mitigations measures taken by the Village regarding the Malbrook37 community at the beginning of major projects update. Councilmember Marsha Matson38 seconded the motion. All voted in favor (5-0). The motion passed unanimously.39 40 4. MAJOR PROJECTS UPDATE41 Village Manager Nick Marano presented a traffic map regarding the traffic conditions and42 mitigation measures in the Malbrook community, including its surrounding areas. The map43 displayed weekday morning rush hour traffic patterns within the Village. He reported that44 approximately 15,000 vehicles travel through the Village daily, particularly along Old Cutler45 Road, with double that volume using US-1. He emphasized that a significant portion of the46 traffic affecting the Malbrook neighborhood is commuter traffic, with around 15,000 vehicles47 filtering through local streets—many of which include "No Right Turn" signs. He stated that48 the Village is currently enforcing Miami-Dade County’s restrictions on SW 87th avenue and49 6

MINUTES Zoning Hearing – April 21, 2025 Page 3 of 10 has invested over $200,000 in traffic-calming efforts, including traffic studies and police1 enforcement. He acknowledged that despite these efforts, residents in Malbrook continue2 to experience severe congestion, to the point that some cannot exit their driveways. To3 address this, the Village has rented and deployed temporary barricades to help enforce the4 county's restrictions consistently during peak hours. Vice Mayor Mark Merwitzer further5 explained that the Village’s road crew sets up the barricades by 6:55 a.m. and removes6 them after 9:00 a.m. Nick confirmed that the Village intends to maintain this measure and7 is exploring more aesthetically pleasing, permanent solutions and asserted that these8 actions are within the Village’s authority and have already shown results in improving traffic9 flow by reducing the volume of vehicles during peak hours. He explained that most10 commuter traffic comes from the south and moves north and east, primarily funneling11 toward SW 77th Avenue, Old Cutler Road, and SW 67th Avenue.12 13 Following the Manager’s presentation on the traffic map regarding the traffic conditions and14 mitigation measures in the Malbrook community, the members of the Village Council15 expressed strong support for the initiative, emphasizing the importance of enforcing traffic16 restrictions in the Malbrook area and commended the efforts of the Village Manager on the17 initiative.18 19 Vice Mayor Mark Merwitzer suggested that the initiative could serve as a pilot program for20 other areas of the Village facing similar traffic issues.21 22 Planning and Zoning Director, Javier Gonzalez illustrated a PowerPoint Presentation on23 the Mayor Projects Update dated May 2025. The presentation demonstrated upcoming24 applications, recent applications, administrative requests under review, approved projects25 pending building permit, projects under construction, and projects completed.26 27 Following Director Gonzalez’s update, he addressed questions from the Village Council28 regarding his presentation.29 30 5. PUBLIC HEARING ITEMS31 32 A. Original Applicant: JUAN CARLOS SAINZ / FAIRCHILD BAY SUBDIVISION, LLC33 Current Owner: MARCOS AND ANNE BECARI34 Location: 9000 SW 174 STREET35 Folio No.: 33-5033-000-022036 Application No.: RZ-23-00437 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE VILLAGE38 OF PALMETTO BAY, FLORIDA, RELATING TO A ZONING CLASSIFICATION;39 REDESIGNTATING THE ZONING CLASSIFICATION OF THE PROPERTY LOCATED AT40 9000 SW 174TH STREET, FOLIO NO. 33-5033-000-0220, FROM ITS CURRENT41 AGRICULTURAL DESIGNATION TO AN ESTATE MODIFIED SINGLE FAMILY42 DESIGNATION; APPROVING THE APPLICATION OF THE THEN-OWNER OF THE43 PROPERTY, FAIRCHILD BAY SUBDIVISION, LLC; AND PROVIDING FOR AN44 EFFECTIVE DATE. (Sponsored by Village Attorney John C. Dellagloria, Esq.) (This45 Ordinance was heard on Second Reading) (This Ordinance is in compliance with the court46 orders requiring the Village to rezone the property)47 48 Item 5A was moved by Councilmember Steve Cody. Seconded by Councilmember49 Marsha Matson.50 7

MINUTES Zoning Hearing – April 21, 2025 Page 4 of 10 1 There were no speakers either in support of or in opposition to the public hearing2 item.3 4 There were no questions or comments from the Council regarding the public hearing5 item.6 7 The question was called, and the Ordinance on Second Reading was approved via8 a roll call vote.9 10  Councilmember Steve Cody - YES11  Councilmember Patrick Fiore - YES12  Vice Mayor Mark Merwitzer - YES13  Councilmember Marsha Matson - YES14 15 All voted in favor (4-0). The Ordinance on Second Reading passed16 unanimously.17 18 B. Applicant: GEORGE CASALI19 Location: 8995 SW 158TH STREET & 15755 SW 90TH AVENUE20 Folio No.: 33-5028-000-0160 & 33-5028-000-016421 Application No.: VPB-19-00622 Request: AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF THE23 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; AMENDING24 THE ZONING MAP, REFERRED TO IN SEC. 30-10.5, TO CHANGE FROM25 “AGRICULTURAL” (“AG”) TO “SINGLE FAMILY RESIDENTIAL” (“R-1”) FOR THE26 PROPERTY LOCATED AT 8995 SW 158TH STREET AND 15755 SW 90 TH27 AVENUE, PALMETTO BAY, FLORIDA 33157; AND PROVIDING FOR AN28 EFFECTIVE DATE. (Sponsored by Administration and Prepared by Planning and29 Zoning Director, Javier Gonzalez) (Second Reading)30 31 Item 5B was moved by Councilmember Steve Cody. Seconded by Councilmember32 Patrick Fiore.33 34 Planning and Zoning Director Javier Gonzalez presented a PowerPoint presentation35 on the request and provided an overview, including general information on the36 applicant’s request, the adjacent future land use map, zoning district classification,37 notice requirements, background on the request to approve the rezoning application38 from the previously approved first reading in September 2019, amendments to the39 official zoning map criteria, and the business impact estimate.40 41 Following the presentation, Director Gonzalez recommended that the Council42 approve the proposed rezoning from AG (Agricultural) to R-1 (Single Family District),43 based on the finding that the rezoning is compatible with the surrounding44 community, consistent with the Comprehensive Plan, and in compliance with the45 Village’s Land Development Code.46 47 There were no speakers either in support of or in opposition to the public hearing48 8

MINUTES Zoning Hearing – April 21, 2025 Page 5 of 10 item.1 2 There were no questions or comments from the Council regarding the public hearing3 item.4 5 The question was called, and the Ordinance on Second Reading was approved via6 a roll call vote.7 8  Vice Mayor Mark Merwitzer - YES9  Councilmember Marsha Matson - YES10  Councilmember Patrick Fiore - YES11  Councilmember Steve Cody - YES12 13 All voted in favor (4-0). The Ordinance on Second Reading passed14 unanimously.15 16 C. Applicant: PALMETTO VENTURE PARTNERS, LLC17 Location: 9500 SW 174TH STREET18 Folio No.: 33-5033-000-065019 Application No.: PL-25-00120 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE21 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; PURSUANT22 TO SECTION 30-80, PLATTING AND SUBDIVISIONS, APPROVING THE PARK23 VIEW AT PALMETTO BAY FINAL PLAT FOR THE PROPERTY LOCATED AT24 9500 SW 174TH STREET; AND PROVIDING FOR AN EFFECTIVE DATE.25 (Sponsored by Administration and Prepared by Planning and Zoning Director, Javier26 Gonzalez)27 28 Item 5C was moved by Councilmember Steve Cody. Seconded by Councilmember29 Patrick Fiore.30 31 Village Attorney John Dellagloria reported that the Council may skip the staff report32 if it is the will of the Council.33 34 The Council reached a consensus to skip the report from staff and asked the35 applicant to give a report.36 37 Vanessa Madrid, Esq. from the firm of Holland and Knight explained that the request38 was approved in 2020 by the Village Council and now it’s back before the county39 and the county stated that it needs to be re-approved by the Village. She urged the40 Council to support the request which was already approved by the Village in 2020.41 42 There were no speakers either in support of or in opposition to the public hearing43 item.44 45 Councilmember Steve Cody questioned if the plat will come back to the Council46 again or if the existing request is the end of plat.47 48 9

MINUTES Zoning Hearing – April 21, 2025 Page 6 of 10 Village Attorney John Dellagloria explained that plats have to be sealed by a1 surveyor of the property and we did not have one on staff.2 3 Councilmember Patrick Fiore explained that the existing Council, including the4 previous Council, worked hard to get the plat, and questioned if there would be5 parking enforcement on the property in the future.6 7 Village Manager Nick Marano responded that the Village anticipates implementing8 restricted parking on the property for two to four hours; however, he stated that the9 Village is currently working out the details of the parking enforcement plans to10 support the businesses in that area in the most cost-effective way.11 12 Councilmember Marsha Matson reported that she lives near Parkview and has13 observed that the traffic control sticks at the Parkview parking garage is broken and14 displaced which part of the agreement between the Village and Parkview was to15 prevent right turns into the neighborhood. She requested that the management put16 in a new traffic control stick at the parking garage to ensure that the agreement is17 followed.18 19 Representative Vanessa Madrid from Holland and Knight reported that she would20 ensure to transmit the message to the developer.21 22 The question was called, and the Resolution was approved via a roll call vote.23 24  Vice Mayor Mark Merwitzer - YES25  Councilmember Marsha Matson - YES26  Councilmember Steve Cody - YES27  Councilmember Patrick Fiore - YES28 29 All voted in favor (4-0). The Resolution passed unanimously.30 31 D. Applicant: JOSE LOPEZ32 Location: 8701 SW 148TH STREET33 Folio No.: 33-5021-004-025034 Application No.: V-25-00135 Request: A RESOLUTION OF THE MAYOR AND VILLAGE COUNCIL OF THE36 VILLAGE OF PALMETTO BAY, FLORIDA, RELATING TO ZONING; PURSUANT37 TO SECTION 30-30.6, VARIANCES, AND SECTION 30-60.2, FENCES, WALLS38 AND HEDGES, TO PERMIT THE CONSTRUCTION OF AN 8-FOOT FENCE39 EXCEEDING THE 6-FOOT MAXIMUM FOR THE PROPERTY LOCATED AT 870140 SW 148TH STREET; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by41 Administration and Prepared by Planning and Zoning Director, Javier Gonzalez)42 43 Item 5D was moved by Councilmember Patrick Fiore. Seconded by44 Councilmember Marsha Matson.45 46 Planning and Zoning Director Javier Gonzalez presented a PowerPoint presentation47 on the request and provided an overview, including general information on the48 10

MINUTES Zoning Hearing – April 21, 2025 Page 7 of 10 applicant’s request, the adjacent future land use map, zoning district classification,1 notice requirements, and background on the application to allow construction of a2 residential fence that is higher than the maximum allowed by code. He explained3 that staff found that the variance request fully met seven of the eight evaluation4 criteria and criteria B partially met.5 6 Applicant Jose Lopez appeared before the Council requesting a variance to replace7 an existing unsound and unappealing fence with a new 8-foot fence. He explained8 that the proposed replacement is in accordance with Miami-Dade County building9 codes and is intended to improve safety for the family and pets, while also enhancing10 the overall aesthetics of the neighborhood and noted the current fence presents11 safety hazards and expressed concerns about privacy. He stated that the variance12 is justified under the current circumstances and is consistent with surrounding13 properties.14 15 During the discussion, the Council inquired about a past dispute with a neighbor.16 Mr. Lopez explained that the dispute involved interference with construction, but it17 has since been resolved, and the neighbor has agreed not to interfere with the18 project moving forward.19 20 Councilmember Steve Cody questioned whether granting the 8-foot fence would set21 a precedent for future applications and whether it met the Village’s variance criteria.22 23 Planning and Zoning Director Javier Gonzalez responded that variances must be24 evaluated based on specific criteria and the unique circumstances of each property.25 He explained that in the case of the applicant, while the proposed 8-foot fence is not26 consistent with typical development patterns in the Village, the applicant met 4 out27 of 5 criteria, and the request is not considered detrimental to the neighborhood. He28 reported that the surrounding neighbors are in support of the variance-no objections29 by the neighbors were made.30 31 Village Attorney John Dellagloria added that each variance must be considered with32 its own merits and supported by competent, substantial evidence. He further clarified33 that, unless there is opposing evidence from the Council or public, the Council34 cannot deny the request solely based on preference.35 36 Public Hearing:37  Jordan Finkelman (8700 SW 148 th Street) - spoke in favor of the application.38 39 There were no speakers who opposed the application.40 41 Councilmember Marsha Matson expressed appreciation for the applicant42 obtaining written approval from neighboring property owners.43 44 Councilmember Patrick Fiore voiced support for the item, referencing a 15% permit45 fee reduction Ordinance he sponsored.46 47 Councilmember Steve Cody voiced concern that the request was based on desire48 11

MINUTES Zoning Hearing – April 21, 2025 Page 8 of 10 rather than necessity. He opposed the variance, stating that without a demonstrated1 hardship, granting it may lead to similar r