Planning & Zoning Board

North Bay Village PLANNING AND ZONING BOARD MEETING MINUTES November 14, 2024, | 6:00 P.M. 1666 Kennedy Causeway, Suite 101, North Bay Village, FL. 33141 Meeting ID: 893 9798 9240 | Passcode: 377617 1. Opening Items A. Call to Order: The Planning and Zoning Advisory Board Meeting was called to order at 6:00 p.m. B. Roll Call: Present were the following individuals – • Chair, At-Large Ryan Shaw • Vice Chair Sherry Abramson • Board Member Paul Murphy • Board Member Zach Thomas • Jon Andras via ZOOM C. Absent: • Board Member Indira Shakti 2. Approval of Commission Minutes A. Approval of Meeting Minutes from October 15, 2024. ACTION: Board Member Murphy made a motion to approve the meeting minutes. Board Member Thomas seconded the motion, and it passed by unanimous voice vote. 3. Public Hearings [Quasi-Judicial]: None Please be advised that the following items are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Chair when he requests public comments. 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. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or to be sworn, your testimony will be given its due weight. The public will not be permitted to cross-examine witnesses, but the public may request the Board to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 3A. A Resolution Considering a Request by 7940 NBV Partners, LLC for a Variance to Increase the Building Height and the Maximum Projection of Balconies into the Front and Rear Setbacks for a Project at 7938-7940 West Drive - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP). A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] AN APPLICATION BY 7940 NBV PARTNERS, LLC CONCERNING PROPERTY LOCATED AT

Planning and Zoning Advisory Board Meeting November 14, 2024 Page 2 7938-7940 WEST DRIVE, NORTH BAY VILLAGE, FLORIDA, IDENTIFIED BY MIAMI- DADE COUNTY FOLIO NUMBERS 23-3209- 001-0420 AND 23-3209-001-0400, FOR A VARIANCE REQUEST PURSUANT TO SECTION 7.3 OF THE UNIFIED LAND DEVELOPMENT CODE ("ULDC") TO VARY FROM THE STRICT APPLICATION OF SECTION 8.12, "BONUS HEIGHT," TO ALLOW BUILDING HEIGHT OF 322 FEET WHERE UP TO 312 FEET ARE ALLOWED WITH APPLICATION OF ALL BONUSES; AND SUBSECTION 8.17(L), "ENCROACHMENTS," TO PERMIT PORTIONS OF RESIDENTIAL BALCONIES TO PROJECT UP TO 75 INCHES INTO THE FRONT AND REAR SETBACKS, WHERE A MAXIMUM PROJECTION OF 48 INCHES IS ALLOWED INTO ANY SETBACK; PROVIDING FINDINGS; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the Resolution title on the official record. Village Clerk Alba Chang swore in all individuals testifying on this quasi-judicial matter. Village Planner Silvia Vargas briefly explained the project’s origins from 2023. The Commission officially approved the project in September 2024. She also gave a background explanation of the variances being introduced. The architectural firm behind the project presented the request for variances. A sales center is being constructed on-site and is expected to be completed in December 2024. The applicant is proposing the following variances: 1. Modification of the overall height of the building from 312 feet to 322 feet in height. Reasons cited for the 10-feet addition to the height are: a. Adding 20 parking spaces to the building. b. Raising the ceiling height on some upper levels and adding a residential floor. 2. Allowance of minimal balcony intrusion into the front and rear setbacks. Chair Shaw opened the floor for public comments. Chair Shaw closed the floor to public comment after no comments were offered. ACTION: Vice Chair Abramson made a motion to approve item 3A with staff recommendations. Chair Shaw seconded the motion. Upon roll call vote, the motion passed 5-0 with Vice Chair Abramson, Chair Shaw, Board Member Andras, Board Member Murphy, and Board Member Thomas voting for. 4. Applications: None 5. Ordinances: 5A. An Ordinance Amending Sec. 9.22, "Synthetic Turf," of the Unified Land Development Code - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP).

Planning and Zoning Advisory Board Meeting November 14, 2024 Page 3 AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING SECTION 9.22, "SYNTHETIC TURF," OF THE UNIFIED LAND DEVELOPMENT CODE ("ULDC"), TO MODIFY THE STANDARDS FOR DESIGN, PERMITTING AND INSTALLATION OF SYNTHETIC TURF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the Ordinance title on the official record. Village Planner Silvia Vargas explained the Village Code prohibiting synthetic turf in certain areas. The ordinance requests that the surface areas where this installation would be allowed be increased. Specific language was drafted to clarify standards, conditions, maintenance, exemptions, design, and other details regarding handling/requirements of synthetic turf that were vague or absent in the current version of the Code. The Board stated that synthetic turf should not be allowed in swale areas and that front yards should be allowed only for concrete walkway/driveway slabs with minimal ground borders. ACTION: Board Member Murphy made a motion to approve the proposed ordinance with recommendations to prohibit the turf in swale areas/front yards except for concrete/driveway slabs with minimal ground borders. Board Member Thomas seconded the motion. Upon roll call vote, the motion passed 5-0 with Board Member Murphy, Board Member Thomas, Board Member Andras, Vice Chair Abramson, and Chair Shaw voting for. 5B. An Ordinance Amending Section 5.22, "Burden of Showing Compliance" of the Unified Land Development Code, Regarding Concurrency Compliance for Parks and Open Space - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP). AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING SECTION 5.22, "BURDEN OF SHOWING COMPLIANCE," OF THE UNIFIED LAND DEVELOPMENT CODE ("ULDC"), TO CLARIFY THE VILLAGE'S CONCURRENCY COMPLIANCE REQUIREMENT FOR PARKS AND OPEN SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the Ordinance title on the official record. Village Planner Vargas introduced the proposed ordinance and further explained that the Village needs approximately 11.8 acres of parks and recreation facilities to meet the adopted level of service [LOS]. Existing public facilities, including the three Village parks, future projects, and existing portions of the Island Walk, are estimated to provide roughly six acres. Civic, recreation, and open space facilities included in approved and anticipated projects are anticipated to raise the LOS to approximately 0.95 acres per 1000 population. Continuing a strategy of opening inaccessible Island Walk segments or creating new segments along existing development that do not currently provide Island Walk will further improve the LOS.

Planning and Zoning Advisory Board Meeting November 14, 2024 Page 4 Village Planner Vargas explained the proposed amendment was a “clean-up” language for the Code. The concurrency requirement was drafted to ensure consistency and comprehensiveness. The “level-of- service” standard is not being met, and the Village must take active measures to ensure it complies with the State Ordinance/Law. The amendment also clarifies the timing to demonstrate compliance, recognizing that the Village will achieve compliance incrementally. These clarifications will facilitate the implementation of the compliance requirement and guide staff and developers in determining the need for parks and recreational facilities in future or retrofitted projects. Chair Shaw recommended approving the motion as is and incrementally working towards the required LOS minimum. ACTION: Board Member Murphy made a motion to approve the proposed ordinance. Board Member Thomas seconded the motion. Upon roll call vote, the motion passed 5-0 with Board Member Murphy, Board Member Thomas, Board Member Andras, Vice Chair Abramson, and Chair Shaw voting for. 6. Discussion Items: None 7. Public Comments: None 8. Adjournment ACTION: There being no further business to discuss, the meeting adjourned at 7:18 p.m. Accepted this 15th day of January 2025. ______________________________________ Ryan Shaw Chair, At Large Respectfully Submitted, ______________________________________ Alba L. Chang, CMC Village Clerk

NORTH BAY VILLAGE PLANNING & ZONING BOARD PUBLIC MEETING NOTICE Thursday, November 14, 2024 at 6:00 PM 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 893 9798 9240 | Passcode: 377617 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

PUBLIC COMMENTS Public comments will be accepted by the following means: IN-PERSON COMMENTS: Members of the public may attend the meeting at the physical meeting location stated above and deliver their public comments in person during the public comment portion of the agenda. VIRTUAL COMMENTS: Public comments will also be accepted during the meeting using the virtual meeting platform. VIA E-MAIL TO: publiccomment@nbvillage.com Interested parties or their authorized representatives may address the Commission and/or Board via written or electronic commentary (“e-comments”) by emailing the Village Clerk at least two (2) hours prior to the commencement of the meeting. E-comments will not be read during the meeting but will be distributed to the Village Commission or Board prior to the commencement of the meeting. You may send your concerns with the subject line “PUBLIC COMMENT” and the following information in the body of the email: your name, address, if you are a hired Consultant or Village Employee, and/or if you are engaged in lobbying activities and/or representing an organization. PUBLIC RECORDS The meeting will be recorded for later viewing and is a public record. Minutes of the meeting will be taken and will be made available. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.northbayvillage-fl.gov. THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 786-224-8070 NO LATER THAN FIVE DAYS PRIOR TO SUCH PROCEEDING. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT 786-224- 8070 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). LOBBYING ACTIVITIES Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. ""Lobbyist"" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term ""lobbyist"" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex -parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non- profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. Have questions or need additional information? E-mail: villageclerk@nbvillage.com Call: 305-756-7171 2

1. Call to Order/Roll Call 2. Approval of Meeting Minutes Approval of the October 15, 2024, Meeting Minutes 10.15.2024 DRAFT .pdf 3. Public Hearings (Quasi-Judicial) Please be advised that the following items are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Chair when he requests public comments. 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. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to North Bay Village OFFICIAL AGENDA PLANNING AND ZONING BOARD MEETING 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) Meeting ID: 893 9798 9240 | Passcode: 377617 Thursday, November 14, 2024 6:00 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. 3

be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Board to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 3A. A Resolution Considering a Request by 7940 NBV Partners, LLC for a Variance to Increase the Building Height and the Maximum Projection of Balconies into the Front and Rear Setbacks for a Project at 7938-7940 West Drive - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] AN APPLICATION BY 7940 NBV PARTNERS, LLC CONCERNING PROPERTY LOCATED AT 7938-7940 WEST DRIVE, NORTH BAY VILLAGE, FLORIDA, IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NUMBERS 23-3209- 001-0420 AND 23-3209-001-0400, FOR A VARIANCE REQUEST PURSUANT TO SECTION 7.3 OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”) TO VARY FROM THE STRICT APPLICATION OF SECTION 8.12, “BONUS HEIGHT,” TO ALLOW BUILDING HEIGHT OF 322 FEET WHERE UP TO 312 FEET ARE ALLOWED WITH APPLICATION OF ALL BONUSES; AND SUBSECTION 8.17(L), “ENCROACHMENTS,” TO PERMIT PORTIONS OF RESIDENTIAL BALCONIES TO PROJECT UP TO 75 INCHES INTO THE FRONT AND REAR SETBACKS, WHERE A MAXIMUM PROJECTION OF 48 INCHES IS ALLOWED INTO ANY SETBACK; PROVIDING FINDINGS; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Suggested Action: The Planning and Zoning Board should review the Planning staff's analysis of this request for an increase in the maximum building height of an approved site plan, and, after consulting the criteria in Section 7.3 related to variances, should forward a recommendation to the Village Commission. 7940 W Drive_Variance Staff Report_PZB 111424.pdf Attachment 1_Boundary Survey.pdf Attachment 2_Variance Application Form and Letter of Intent.pdf Attachment 3_Plans Showing Requested Variances.pdf Attachment_4_Approved Site Plan_7940_W_Dr (09.28.23).pdf Attachment 5_Reso Height and Balcony Variances_7940 West Drive Notice of Public Hearing.11.3.24 MH.pdf 4. Applications 5. Ordinances 5A. An Ordinance Amending Sec. 9.22, "Synthetic Turf," of the Unified Land Development Code - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY 4

VILLAGE, FLORIDA, AMENDING SECTION 9.22, “SYNTHETIC TURF,” OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), TO MODIFY THE STANDARDS FOR DESIGN, PERMITTING AND INSTALLATION OF SYNTHETIC TURF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Suggested action: To forward to the Village Commission a recommendation of approval of the proposed amendments, as presented by Staff. Ordinance Amending Sec. 9.22_Synthetic Turf.docx Exhibit A - Sec 9.22 Synthetic Turf (Updated).docx Notice of Public Hearing- MH 11.03.2024.pdf 5B. An Ordinance Amending Section 5.22, "Burden of Showing Compliance" of the Unified Land Development Code, Regarding Concurrency Compliance for Parks and Open Space - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING SECTION 5.22, “BURDEN OF SHOWING COMPLIANCE,” OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), TO CLARIFY THE VILLAGE’S CONCURRENCY COMPLIANCE REQUIREMENT FOR PARKS AND OPEN SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Suggested Action: To forward to the Village Commission a recommendation of approval of the proposed amendment, as presented by Staff. Ordinance Amending Sec. 5.22_Burden of Showing Compliance _Parks (Updated).docx Notice of Public Hearing-MH.11.3.2024.pdf 6. Discussion Items 7. Public Comments 8. Adjournment 5

THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). 6

DATE: November 14, 2024 TO: Planning and Zoning Board FROM: Alba L. Chang, Village Clerk SPONSORED BY: SUBJECT: Approval of the October 15, 2024, Meeting Minutes North Bay Village Recommendation Memorandum RECOMMENDATION BACKGROUND AND ANALYSIS A Meeting was held on October 15, 2024, and Minutes have been provided for the Planning & Zoning Board's consideration and approval. It is recommended that the Board approve the meeting minutes, as presented. BUDGETARY/FINANCIAL IMPACT (Finance Dept.) None PERSONNEL IMPACT None 7

North Bay Village PLANNING AND ZONING BOARD MEETING MINUTES October 15, 2024, | 6:00 P.M. 1666 Kennedy Causeway, Suite 101, North Bay Village, FL. 33141 Meeting ID: 841 9987 1211 | Passcode: 548617 1. Opening Items A. Call to Order: The Planning and Zoning Advisory Board Meeting was called to order at 6:01 p.m. B. Roll Call: Present were the following individuals – • Vice Chair, At-Large Ryan Shaw • North Bay Island Board Member Paul Murphy • Harbor Island Board Member Zach Thomas; ZOOM. • Alternate Sherry Abramson • Village Planner Silvia Vargas C. Absent: • Chair, At-Large Jon Andras • Treasure Island Board Member Indira Shakti 2. Discussion Items A. Oath of Office to Newly Appointed Board Members • Zachary Thompson B. Selection of a Chair by the Planning and Zoning Board ACTION: Board Member Abramson made a motion to select the Chair position to Board Member Ryan Shaw. Board Member Murphy seconded the motion and it passed by unanimous voice vote. C. Selection of a Vice Chair by the Planning and Zoning Board ACTION: Chair Shaw made a motion to select the Vice Chair position to Board Member Abramson. Board Member Murphy seconded the motion and it motion passed by unanimous voice vote. 3. Approval of Commission Minutes A. Approval of Meeting Minutes from May 15, 2024 ACTION: Chair Ryan Shaw made a motion to approve the meeting minutes of May 15, 2024. Board Member Murphy seconded the motion, and it passed by unanimous voice vote. 8

Planning and Zoning Board Meeting October 15, 2024 Page 2 4. Public Hearings [Quasi-Judicial]: None Please be advised that the following items are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Chair when he requests public comments. 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. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or to be sworn, your testimony will be given its due weight. The public will not be permitted to cross-examine witnesses, but the public may request the Board to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 5. Applications: None 6. Ordinances: 6A. An Ordinance Amending Section 8.12, "Bonus Height" of the Unified Land Development Code - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP). AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING SECTION 8.12 “BONUS HEIGHT” OF THE UNIFIED LAND DEVELOPMENT CODE TO PROVIDE FOR THE APPROVAL OF ADDITIONAL BONUS HEIGHT IN CONNECTION WITH PUBLIC WATERFRONT ACCESS AND OPEN SPACE FOR ENHANCED ACCESS TO THE ISLAND WALK AND IMPROVEMENTS TO EXISTING PUBLIC PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the proposed ordinance title into the record. Village Planner Silvia Vargas explained this proposal would allow the Commission to consider approving an additional 188 feet above and above the maximum attainable height of 312 feet. The presented amendment intends to consider additional height in connection with the provision of public waterfront access and open space to enhance public parks. The proposed amendment comes with the following conditions potentially eligible properties must meet to be granted the bonus height: 1. There are only 3.5 acres of net lot area. 2. The property must receive development rights transfers [TDRs] that maximize the bonus height. 3. The property must reach a development agreement approved by the Village Commission. A potentially eligible property must include the following criteria in the development agreement: 1. A 7,000 sq/ft requirement is a minimum. 2. The Village has a concurrency requirement for Parks and Recreation, and a concurrency plan should also be included in the Code for these projects. 9

Planning and Zoning Board Meeting October 15, 2024 Page 3 She urged the Village to be more proactive in incrementally achieving concurrency. All spaces should have a usable design. An analysis has been completed following the NBV 100 plan to be more consistent with the pillars relevant to this amendment. They are consistent with RM70. This amendment would allow specific properties with net land to reduce the bulk of the tower for additional access to the waterfront and open space. This amendment is being sponsored by Commissioner Daro and co-sponsored by Vice Mayor Chervony. Board Member Murphy asked if the property rises 50 stories/500 feet, what would be the maximum density granted? Village Planner Vargas said the density remains the same as the comprehensive plan of 70 units/acre. She said the density allocations cannot be changed without amending the comprehensive plan. The Village Attorney noted the building is not required to be that tall, and this amendment applies to any future development. Village Planner Vargas listed the following description of eligibility conditions: 1. At least 3.5 acres of net lot area. 2. Must receive TDR 3. Maximize the bonus height available. 4. A project subject to a Development Agreement approved by the Village Commission a. The Development Agreement for an eligible project must provide for each of the following items: i. Dedication of public / open space and waterfront access of at least 7,000 sq/ft. ii. Development and improvements of open spaces. iii. Maintenance of open space iv. The Village must be named as an additional insured with coverages found suitable by the Village Manager. v. A Public Parks Enhancement contribution of $115 per square foot. Board Member Murphy asked how much open space can there be for the subject property? What are the setbacks going up? He expressed concern about how the density would be managed on the site, and there are not enough units for such tall structures. Village Planner Vargas said those interested in obtaining the bonus height are responsible for learning what they must gather/provide to meet the Code requirements. She supports reducing the height of buildings instead of units. TDR cannot be modified during this meeting; the board can submit a recommendation to the Commission to lower the bonus height of buildings. The Code states the following: • 25 feet for the front • 25 rear/waterfront • 15 feet for one interior side. 10

Planning and Zoning Board Meeting October 15, 2024 Page 4 • The other interior side should be at least 20 percent of the total lot to allow for an island walk. • 20 percent of the lot must be open space. • 30 percent of the lot must be green space. PUBLIC COMMENTS: Laura Tauber, Developer - 1801 NE 123 Street, North Miami, FL. 33181 Miguel Diaz De La Portilla Attorney ACTION: Vice Chair Abramson made a motion to approve the proposed Ordinance. Board Member Murphy seconded the motion. Upon poll call vote, the motion passed 4-0, Chair Shaw, Vice Chair Abramson, Board Member Thompson, and Board Member Murphy voted in favor. 6B. An Ordinance Creating a New Section 5.23.1, Providing for Waivers of Plat - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP). AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING DIVISION 3 “SUBDIVISION REGULATIONS” OF CHAPTER 5 OF THE UNIFIED LAND DEVELOPMENT CODE BY CREATING A NEW SECTION 5.23.1 PROVIDING FOR WAIVERS OF PLAT BASED ON EXCEPTIONS TO THE PLATTING REQUIREMENT PROVIDED IN CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the proposed ordinance title into the record. Village Planner Vargas said this proposal is designed to provide a clear and explicit process consistent with Miami-Dade County’s criteria for determining when planning requirements can be waived. This language is not in the Village Code, creating a new section under Chapter 5. The Village Manager can decide if a property can be exempt from planning requirements. A waiver process and criteria are missing from the Code language. Vice Chair Abramson asked why certain exemptions were needed, to which the Village Attorney explained that it is a long, tedious, expensive process involving the County, among other entities. This arduous process is sometimes unnecessary when there is an already-developed site. There is developed land in the Village with incomplete plat details; therefore, going back to fulfill the planning requirements is daunting. This language at least allows for considering a waiver where none existed before. Miami Dade and many municipalities include this language. ACTION: Vice Chair Abramson made a motion to approve the proposed Ordinance. Board Member Murphy seconded the motion. Upon poll call vote, the motion passed 3-0, Chair Shaw, Vice Chair Abramson, and Board Member Paul Murphy voted in favor. 11

Planning and Zoning Board Meeting October 15, 2024 Page 5 Board Member Thompson was not present when voting occurred. 7. Public Comments: None 8. Adjournment ACTION: There being no further business to discuss, the meeting adjourned at 7:01 p.m. Accepted this 14 th day of November 2024. ______________________________________ Ryan Shaw Chair Respectfully Submitted, ______________________________________ Alba L. Chang, CMC V

NORTH BAY VILLAGE PLANNING & ZONING BOARD PUBLIC MEETING NOTICE Thursday, November 14, 2024 at 6:00 PM 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) The meeting agenda is available online at: https://northbayvillage-fl.gov/agendas-minutes Elected Officials and Village staff will participate from the physical meeting location. Members of the public may attend the meeting in person at the physical meeting location, or, alternatively, may watch or call in to the meeting by following these instructions: ATTEND THE MEETING IN PERSON AT THE PHYSICAL MEETING LOCATION: The meeting will be held in person at the physical meeting location stated above. Admission to the physical meeting location is on a first-come, first-serve basis and space is limited. Doors will open 30 minutes prior to the meeting start time. The Village highly encourages those in attendance to wear facial coverings and abide by social distancing as recommended by the CDC. Watch the Public Meeting: https://northbayvillage-fl.gov/videos TV Channel 661 Facebook Live Participate in the meeting via Zoom: Meeting ID: 893 9798 9240 | Passcode: 377617 Listen via telephone to the Virtual Public Meeting: 1-305-224-1968 or 1-929-205-6099 For technical support during the meeting, please contact: (786) 309-4991 1

PUBLIC COMMENTS Public comments will be accepted by the following means: IN-PERSON COMMENTS: Members of the public may attend the meeting at the physical meeting location stated above and deliver their public comments in person during the public comment portion of the agenda. VIRTUAL COMMENTS: Public comments will also be accepted during the meeting using the virtual meeting platform. VIA E-MAIL TO: publiccomment@nbvillage.com Interested parties or their authorized representatives may address the Commission and/or Board via written or electronic commentary (“e-comments”) by emailing the Village Clerk at least two (2) hours prior to the commencement of the meeting. E-comments will not be read during the meeting but will be distributed to the Village Commission or Board prior to the commencement of the meeting. You may send your concerns with the subject line “PUBLIC COMMENT” and the following information in the body of the email: your name, address, if you are a hired Consultant or Village Employee, and/or if you are engaged in lobbying activities and/or representing an organization. PUBLIC RECORDS The meeting will be recorded for later viewing and is a public record. Minutes of the meeting will be taken and will be made available. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.northbayvillage-fl.gov. THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 786-224-8070 NO LATER THAN FIVE DAYS PRIOR TO SUCH PROCEEDING. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT 786-224- 8070 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). LOBBYING ACTIVITIES Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38- 17. ""Lobbyist"" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term ""lobbyist"" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi-judicial proceedings where the law prohibits ex -parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non- profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. Have questions or need additional information? E-mail: villageclerk@nbvillage.com Call: 305-756-7171 2

1. Call to Order/Roll Call 2. Approval of Meeting Minutes Approval of the October 15, 2024, Meeting Minutes 10.15.2024 DRAFT .pdf 3. Public Hearings (Quasi-Judicial) Please be advised that the following items are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Chair when he requests public comments. 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. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to North Bay Village OFFICIAL AGENDA PLANNING AND ZONING BOARD MEETING 1666 Kennedy Causeway, #101, North Bay Village, FL 33141 (In-person and virtual via Zoom. See below for details) Meeting ID: 893 9798 9240 | Passcode: 377617 Thursday, November 14, 2024 6:00 PM Decorum: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the board shall be barred from further appearance before the board by the presiding officer, unless permission to continue or again address the commission is granted by the majority vote of the commission members present. No clapping, applauding, heckling or verbal outbursts in support or opposition to a speaker or his or her remarks shall be permitted. Signs or placards may be disallowed in the commission chamber by the presiding officer. Persons exiting the commission chambers shall do so quietly. Any person who received compensation, remuneration or expenses for conducting lobbying activities is required to register as a lobbyist with the Village Clerk prior to engaging in lobbying activities per Village Code Sec. 38-17. "Lobbyist" specifically includes the principal, as well as any agent, officer or employee of a principal, regardless of whether the lobbying activities fall within the normal scope of employment of the agent, officer or employee. The term "lobbyist" specifically excludes the following persons: lobbyists hired by the Village who are communication with Village personnel in the course of performing under their contracts; attorneys or other representatives retained to represent individuals and corporate entities in quasi- judicial proceedings where the law prohibits ex-parte communications; expert witnesses who only provide scientific, technical or other specialized information or testimony at public meetings; employees of the principal who do not engage in lobbying activities and representatives of non-profit organizations who only appear at publicly noticed meetings, without special compensation or reimbursement for the appearance, whether direct, indirect or contingent, to express support or opposition to any item. 3

be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Board to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 3A. A Resolution Considering a Request by 7940 NBV Partners, LLC for a Variance to Increase the Building Height and the Maximum Projection of Balconies into the Front and Rear Setbacks for a Project at 7938-7940 West Drive - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP) A RESOLUTION OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, [APPROVING / APPROVING WITH CONDITIONS / DENYING] AN APPLICATION BY 7940 NBV PARTNERS, LLC CONCERNING PROPERTY LOCATED AT 7938-7940 WEST DRIVE, NORTH BAY VILLAGE, FLORIDA, IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NUMBERS 23-3209- 001-0420 AND 23-3209-001-0400, FOR A VARIANCE REQUEST PURSUANT TO SECTION 7.3 OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”) TO VARY FROM THE STRICT APPLICATION OF SECTION 8.12, “BONUS HEIGHT,” TO ALLOW BUILDING HEIGHT OF 322 FEET WHERE UP TO 312 FEET ARE ALLOWED WITH APPLICATION OF ALL BONUSES; AND SUBSECTION 8.17(L), “ENCROACHMENTS,” TO PERMIT PORTIONS OF RESIDENTIAL BALCONIES TO PROJECT UP TO 75 INCHES INTO THE FRONT AND REAR SETBACKS, WHERE A MAXIMUM PROJECTION OF 48 INCHES IS ALLOWED INTO ANY SETBACK; PROVIDING FINDINGS; PROVIDING FOR CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Suggested Action: The Planning and Zoning Board should review the Planning staff's analysis of this request for an increase in the maximum building height of an approved site plan, and, after consulting the criteria in Section 7.3 related to variances, should forward a recommendation to the Village Commission. 7940 W Drive_Variance Staff Report_PZB 111424.pdf Attachment 1_Boundary Survey.pdf Attachment 2_Variance Application Form and Letter of Intent.pdf Attachment 3_Plans Showing Requested Variances.pdf Attachment_4_Approved Site Plan_7940_W_Dr (09.28.23).pdf Attachment 5_Reso Height and Balcony Variances_7940 West Drive Notice of Public Hearing.11.3.24 MH.pdf 4. Applications 5. Ordinances 5A. An Ordinance Amending Sec. 9.22, "Synthetic Turf," of the Unified Land Development Code - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY 4

VILLAGE, FLORIDA, AMENDING SECTION 9.22, “SYNTHETIC TURF,” OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), TO MODIFY THE STANDARDS FOR DESIGN, PERMITTING AND INSTALLATION OF SYNTHETIC TURF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Suggested action: To forward to the Village Commission a recommendation of approval of the proposed amendments, as presented by Staff. Ordinance Amending Sec. 9.22_Synthetic Turf.docx Exhibit A - Sec 9.22 Synthetic Turf (Updated).docx Notice of Public Hearing- MH 11.03.2024.pdf 5B. An Ordinance Amending Section 5.22, "Burden of Showing Compliance" of the Unified Land Development Code, Regarding Concurrency Compliance for Parks and Open Space - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP) AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING SECTION 5.22, “BURDEN OF SHOWING COMPLIANCE,” OF THE UNIFIED LAND DEVELOPMENT CODE (“ULDC”), TO CLARIFY THE VILLAGE’S CONCURRENCY COMPLIANCE REQUIREMENT FOR PARKS AND OPEN SPACE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Suggested Action: To forward to the Village Commission a recommendation of approval of the proposed amendment, as presented by Staff. Ordinance Amending Sec. 5.22_Burden of Showing Compliance _Parks (Updated).docx Notice of Public Hearing-MH.11.3.2024.pdf 6. Discussion Items 7. Public Comments 8. Adjournment 5

THIS MEETING IS OPEN TO THE PUBLIC. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS THAT ARE DISABLED; WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK AT 305-756-7171 EXT. 45 NO LATER THAN FOUR DAYS PRIOR TO SUCH PROCEEDING. IN ACCORDANCE WITH THE PROVISIONS OF SECTION 286.0105, FLORIDA STATUTES, ANYONE WISHING TO APPEAL ANY DECISION MADE BY VILLAGE COMMISSION, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING, WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD SHALL INCLUDE THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. AGENDA ITEMS MAY BE VIEWED AT THE OFFICE OF THE VILLAGE CLERK, NORTH BAY VILLAGE, 1666 KENNEDY CAUSEWAY. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM SHOULD CONTACT THE VILLAGE CLERK AT 305-756-7171 EXT 45. A COMPLETE AGENDA PACKET IS ALSO AVAILABLE ON THE VILLAGE WEBSITE AT www.nbvillage.com. TO REQUEST THIS MATERIAL IN ACCESSIBLE FORMAT, SIGN LANGUAGE INTERPRETERS, INFORMATION ON ACCESS FOR PERSON WITH DISABILITIES, AND/OR ANY ACCOMMODATION TO REVIEW ANY DOCUMENT OR PARTICIPATE IN ANY VILLAGE-SPONSORED PROCEEDING, PLEASE CONTACT (305) 756-7171 FIVE DAYS IN ADVANCE TO INITIATE YOUR REQUEST. TTY USERS MAY ALSO CALL 711 (FLORIDA RELAY SERVICE). 6

DATE: November 14, 2024 TO: Planning and Zoning Board FROM: Alba L. Chang, Village Clerk SPONSORED BY: SUBJECT: Approval of the October 15, 2024, Meeting Minutes North Bay Village Recommendation Memorandum RECOMMENDATION BACKGROUND AND ANALYSIS A Meeting was held on October 15, 2024, and Minutes have been provided for the Planning & Zoning Board's consideration and approval. It is recommended that the Board approve the meeting minutes, as presented. BUDGETARY/FINANCIAL IMPACT (Finance Dept.) None PERSONNEL IMPACT None 7

North Bay Village PLANNING AND ZONING BOARD MEETING MINUTES October 15, 2024, | 6:00 P.M. 1666 Kennedy Causeway, Suite 101, North Bay Village, FL. 33141 Meeting ID: 841 9987 1211 | Passcode: 548617 1. Opening Items A. Call to Order: The Planning and Zoning Advisory Board Meeting was called to order at 6:01 p.m. B. Roll Call: Present were the following individuals – • Vice Chair, At-Large Ryan Shaw • North Bay Island Board Member Paul Murphy • Harbor Island Board Member Zach Thomas; ZOOM. • Alternate Sherry Abramson • Village Planner Silvia Vargas C. Absent: • Chair, At-Large Jon Andras • Treasure Island Board Member Indira Shakti 2. Discussion Items A. Oath of Office to Newly Appointed Board Members • Zachary Thompson B. Selection of a Chair by the Planning and Zoning Board ACTION: Board Member Abramson made a motion to select the Chair position to Board Member Ryan Shaw. Board Member Murphy seconded the motion and it passed by unanimous voice vote. C. Selection of a Vice Chair by the Planning and Zoning Board ACTION: Chair Shaw made a motion to select the Vice Chair position to Board Member Abramson. Board Member Murphy seconded the motion and it motion passed by unanimous voice vote. 3. Approval of Commission Minutes A. Approval of Meeting Minutes from May 15, 2024 ACTION: Chair Ryan Shaw made a motion to approve the meeting minutes of May 15, 2024. Board Member Murphy seconded the motion, and it passed by unanimous voice vote. 8

Planning and Zoning Board Meeting October 15, 2024 Page 2 4. Public Hearings [Quasi-Judicial]: None Please be advised that the following items are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Chair when he requests public comments. 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. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse to be cross-examined or to be sworn, your testimony will be given its due weight. The public will not be permitted to cross-examine witnesses, but the public may request the Board to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further, details of the quasi-judicial procedures may be obtained from the Village Clerk. 5. Applications: None 6. Ordinances: 6A. An Ordinance Amending Section 8.12, "Bonus Height" of the Unified Land Development Code - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP). AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING SECTION 8.12 “BONUS HEIGHT” OF THE UNIFIED LAND DEVELOPMENT CODE TO PROVIDE FOR THE APPROVAL OF ADDITIONAL BONUS HEIGHT IN CONNECTION WITH PUBLIC WATERFRONT ACCESS AND OPEN SPACE FOR ENHANCED ACCESS TO THE ISLAND WALK AND IMPROVEMENTS TO EXISTING PUBLIC PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the proposed ordinance title into the record. Village Planner Silvia Vargas explained this proposal would allow the Commission to consider approving an additional 188 feet above and above the maximum attainable height of 312 feet. The presented amendment intends to consider additional height in connection with the provision of public waterfront access and open space to enhance public parks. The proposed amendment comes with the following conditions potentially eligible properties must meet to be granted the bonus height: 1. There are only 3.5 acres of net lot area. 2. The property must receive development rights transfers [TDRs] that maximize the bonus height. 3. The property must reach a development agreement approved by the Village Commission. A potentially eligible property must include the following criteria in the development agreement: 1. A 7,000 sq/ft requirement is a minimum. 2. The Village has a concurrency requirement for Parks and Recreation, and a concurrency plan should also be included in the Code for these projects. 9

Planning and Zoning Board Meeting October 15, 2024 Page 3 She urged the Village to be more proactive in incrementally achieving concurrency. All spaces should have a usable design. An analysis has been completed following the NBV 100 plan to be more consistent with the pillars relevant to this amendment. They are consistent with RM70. This amendment would allow specific properties with net land to reduce the bulk of the tower for additional access to the waterfront and open space. This amendment is being sponsored by Commissioner Daro and co-sponsored by Vice Mayor Chervony. Board Member Murphy asked if the property rises 50 stories/500 feet, what would be the maximum density granted? Village Planner Vargas said the density remains the same as the comprehensive plan of 70 units/acre. She said the density allocations cannot be changed without amending the comprehensive plan. The Village Attorney noted the building is not required to be that tall, and this amendment applies to any future development. Village Planner Vargas listed the following description of eligibility conditions: 1. At least 3.5 acres of net lot area. 2. Must receive TDR 3. Maximize the bonus height available. 4. A project subject to a Development Agreement approved by the Village Commission a. The Development Agreement for an eligible project must provide for each of the following items: i. Dedication of public / open space and waterfront access of at least 7,000 sq/ft. ii. Development and improvements of open spaces. iii. Maintenance of open space iv. The Village must be named as an additional insured with coverages found suitable by the Village Manager. v. A Public Parks Enhancement contribution of $115 per square foot. Board Member Murphy asked how much open space can there be for the subject property? What are the setbacks going up? He expressed concern about how the density would be managed on the site, and there are not enough units for such tall structures. Village Planner Vargas said those interested in obtaining the bonus height are responsible for learning what they must gather/provide to meet the Code requirements. She supports reducing the height of buildings instead of units. TDR cannot be modified during this meeting; the board can submit a recommendation to the Commission to lower the bonus height of buildings. The Code states the following: • 25 feet for the front • 25 rear/waterfront • 15 feet for one interior side. 10

Planning and Zoning Board Meeting October 15, 2024 Page 4 • The other interior side should be at least 20 percent of the total lot to allow for an island walk. • 20 percent of the lot must be open space. • 30 percent of the lot must be green space. PUBLIC COMMENTS: Laura Tauber, Developer - 1801 NE 123 Street, North Miami, FL. 33181 Miguel Diaz De La Portilla Attorney ACTION: Vice Chair Abramson made a motion to approve the proposed Ordinance. Board Member Murphy seconded the motion. Upon poll call vote, the motion passed 4-0, Chair Shaw, Vice Chair Abramson, Board Member Thompson, and Board Member Murphy voted in favor. 6B. An Ordinance Creating a New Section 5.23.1, Providing for Waivers of Plat - Interim Village Manager Frank Rollason (Village Planner Silvia E. Vargas, FAICP). AN ORDINANCE OF THE MAYOR AND COMMISSION OF NORTH BAY VILLAGE, FLORIDA, AMENDING DIVISION 3 “SUBDIVISION REGULATIONS” OF CHAPTER 5 OF THE UNIFIED LAND DEVELOPMENT CODE BY CREATING A NEW SECTION 5.23.1 PROVIDING FOR WAIVERS OF PLAT BASED ON EXCEPTIONS TO THE PLATTING REQUIREMENT PROVIDED IN CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Alba Chang read the proposed ordinance title into the record. Village Planner Vargas said this proposal is designed to provide a clear and explicit process consistent with Miami-Dade County’s criteria for determining when planning requirements can be waived. This language is not in the Village Code, creating a new section under Chapter 5. The Village Manager can decide if a property can be exempt from planning requirements. A waiver process and criteria are missing from the Code language. Vice Chair Abramson asked why certain exemptions were needed, to which the Village Attorney explained that it is a long, tedious, expensive process involving the County, among other entities. This arduous process is sometimes unnecessary when there is an already-developed site. There is developed land in the Village with incomplete plat details; therefore, going back to fulfill the planning requirements is daunting. This language at least allows for considering a waiver where none existed before. Miami Dade and many municipalities include this language. ACTION: Vice Chair Abramson made a motion to approve the proposed Ordinance. Board Member Murphy seconded the motion. Upon poll call vote, the motion passed 3-0, Chair Shaw, Vice Chair Abramson, and Board Member Paul Murphy voted in favor. 11

Planning and Zoning Board Meeting October 15, 2024 Page 5 Board Member Thompson was not present when voting occurred. 7. Public Comments: None 8. Adjournment ACTION: There being no further business to discuss, the meeting adjourned at 7:01 p.m. Accepted this 14 th day of November 2024. ______________________________________ Ryan Shaw Chair Respectfully Submitted, ______________________________________ Alba L. Chang, CMC V