agenda---regular-council-meeting-03-14-2023.pdf?sfvrsn=b3b96e76_4

AGENDA REGULAR COUNCIL MEETING Tuesday, March 14, 2023 4:00 pm Indian Creek Village Hall 9080 Bay Drive Indian Creek, FL 33154

Regular Council Meeting – March 14, 2023 REGULAR COUNCIL MEETING TUESDAY, MARCH 14, 2023 4:00 PM AT VILLAGE HALL 9080 BAY DRIVE, INDIAN CREEK, FL 33154 https://us02web.zoom.us/j/84827625470 Meeting ID: 848 2762 5470 1. CALL TO ORDER / ROLL CALL OF MEMBERS 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENTS: Any person wishing to address the Council, should state their name, and address, for the record, prior to making the statement. 4. CONSENT AGENDA TAB 1 A. PROCLAMATION - Colorectal Cancer Awareness Month B. PRESENTATION – Miami-Dade Fire Rescue (MDFR) 2022 Annual Report C. MINUTES - January 30, 2023 – Special Council Meeting. 5. VARIANCE – QUASI-JUDICIAL HEARING TAB 2 A. Variance # 023-012601-VA - Lot 37 (Resolution # 847) Any person wishing to address the Council regarding the Variance hearing must be sworn in before speaking into the records. ___________________________________________________________________ 6. OLD BUSINESS TAB 3 A. Giannetti Construction Corporation – extending the time for substantial completion of the Village Roadway Redevelopment Project. ________________________________________________________________________ 7. MANAGER’S REPORT TAB 4 Financial Report 8. ADJOURNMENT

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Colorectal Cancer Awareness Month Proclamation WHEREAS, colorectal cancer is the second-leading cause of cancer deaths in the United States among men and women combined1; and WHEREAS colorectal cancer is one of the few cancers that can be prevented with timely screening, but 1 in 3 eligible Americans are not up to date on screening2; and WHEREAS colorectal cancer is estimated to be the number one cancer killer for those ages 20- 49 by 20303; and WHEREAS Black Americans are 20% more likely to be diagnosed with colorectal cancer and about 40% more likely to die from the disease than other groups4; and WHEREAS colorectal cancer is expected to account for 11% of cancer deaths among Hispanic men and 9% of cancer deaths for Hispanic women5; and WHEREAS screening colonoscopy rates have still not returned to pre-COVID-19 levels6; and WHEREAS the national goal established by the National Colorectal Cancer Roundtable is to strive to increase timely colorectal cancer screening rates to 80 percent in every community for all Americans eligible for screening; and WHEREAS observing Colorectal Cancer Awareness Month during the month of March would provide a special opportunity to increase awareness and offer education on the importance of early detection and screening of colorectal cancer. NOW THEREFORE, I, Bernard Klepach, Mayor of the Village of Indian Creek, Florida, do hereby proclaim March 2023 as COLORECTAL CANCER AWARENESS MONTH. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Great Seal of the State of Florida, in the Village of Indian Creek, this 1st of March 2023. ______________________ Bernard Klepach, Mayor 1 https://www.cancer.org/content/dam/cancer-org/research/cancer-facts-and-statistics/colorectal-cancer-facts-and-figures/colorectal- cancer-facts-and-figures-2020-2022.pdf 2 https://www.cancer.org/content/dam/cancer-org/research/cancer-facts-and-statistics/colorectal-cancer-facts-and-figures/colorectal- cancer-facts-and-figures-2020-2022.pdf 3 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2778204 4 https://www.cancer.org/content/dam/cancer-org/research/cancer-facts-and-statistics/colorectal-cancer-facts-and-figures/colorectal- cancer-facts-and-figures-2020-2022.pdf 5 https://www.cancer.org/content/dam/cancer-org/research/cancer-facts-and-statistics/cancer-facts-and-figures-for-hispanics-and- latinos/cancer-facts-and-figures-for-hispanics-and-latinos-2018-2020.pdf 6 https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2792956

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Page 1 of 2 Minutes Special Council Meeting January 30, 2023 MINUTES OF SPECIAL COUNCIL MEETING Monday, January 30, 2023, at 04:00 p.m. 1. CALL TO ORDER/ROLL CALL OF MEMBERS 5:00 p.m. Mayor, Bernard Klepach Present Vice Mayor, Javier Holtz Present Council Member, Irma Braman Present Council Member, Robert Diener Present Council Member, Irwin Tauber Via Zoom VILLAGE STAFF Village Manager, Guillermo Olmedillo Village Attorney, Stephen Helfman Chief of Police, John Bernardo IT Director, David Fernandez Village Clerk, Roseann Prado Deputy Clerk, Lorelei Narmore AUDIENCE PRESENT: GJ Bakker lot # 40 Clarece Depkin ICCC – via zoom Gail Icahn lot # 24 – via zoom 3. PUBLIC COMMENTS: The following person spoke on the records: • GJ Bakker 4. CONSENT AGENDA TAB 1 A. November 28, 2022, Minutes (Regular Council Meeting) Vice-Mayor Holtz moved to approve the minutes of the Regular Council Meeting of 11/28/2022. Mayor Klepach seconded. The motion carried 5 – 0. 5. RESOLUTIONS TAB 2 A. A RESOLUTION OF INDIAN CREEK VILLAGE, FLORIDA, APPROVING AN AMENDMENT TO THE TERMS OF THE CONTRACT FOR CONSTRUCTION BETWEEN THE VILLAGE AND GIANNETTI CONSTRUCTION CORPORATION EXTENDING THE TIME FOR SUBSTANTIAL COMPLETION FOR THE VILLAGE ROADWAY REDEVELOPMENT PROJECT; PROVIDING FOR IMPLEMENTATION AND PROVIDING FOR AN EFFECTIVE DATE. (Resolution # 845) The Council reached a unanimous consensus to defer the discussion of Resolution # 845 for the next Council meeting on a date to be determined, pending information for the timeline of work, pathway, and curbing.

Page 2 of 2 Minutes Special Council Meeting January 30, 2023 B. A RESOLUTION OF THE VILLAGE COUNCIL OF INDIAN CREEK VILLAGE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO SUBMIT A GRANT APPLICATION TO THE FLORIDA INLAND NAVIGATION DISTRICT (FIND) WATERWAYS ASSISTANCE PROGRAM FOR FINANCIAL ASSISTANCE IN PURCHASING TWO YAMAHA 300 ENGINES FOR LAW ENFORCEMENT VESSELS; PROVIDING FOR IMPLEMENTATION; PROVIDING CERTIFICATIONS; AND PROVIDING FOR AN EFFECTIVE DATE. (Resolution # 846). Mayor Klepach motioned to approve Resolution # 846. Vice-Mayor Holtz seconded. The motion carried 5 – 0. 6. DISCUSSION ITEM__________________ _________________________________TAB 3 Seawall Height The Council instructed Village Attorney to draft an Ordinance for first reading at the next Council meeting on a date to be determined. 7. MANAGER’S REPORT TAB 4 A. Construction Site Conditions The Council agreed with the Village Manager to apply the List of Conditions for Construction Sites. B. Financial Report 7. ADJOURNMENT Mayor Klepach motioned to adjourn the meeting. Council Member Braman seconded. The meeting adjourned at 5:23 p.m. Submitted by: __________________________ Roseann Prado, Village Clerk

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INDIAN CREEK VILLAGE REGULAR COUNCIL MEETING TO: Mayor, Vice-Mayor, and Honorable Members of the Council of Indian Creek Village FROM: Guillermo Olmedillo, Village Manager DATE: March 14, 2023 TITLE: Zoning Variance Appeal Lot 37. ______________________________________________________________________ REQUEST By way of an appeal, the applicant is requesting that the Village Council approve a variance from the height requirement for a portion of an existing partially constructed Poolhouse. Fifteen (15) feet of height is permitted, sixteen (16) feet has been constructed. BACKGROUND On March 8, 2022, the Village issued a building permit (the “Permit”) for the construction of a new home on Lot 37. The Permit included a separate accessory poolhouse building with both indoor habitable living space and an outdoor barbeque area (the “Poolhouse”). The shell of the Poolhouse has been completed. Upon completion of the shell, the Village Building Official inspected the site and determined that the Poolhouse was not in compliance with the Village’s zoning regulations. Specifically, (i) the floor slab of the building is placed at a twelve (12) foot elevation above flood criteria instead of the maximum ten (10) feet allowed; (ii) the area of the building is greater than the 800 square feet that is allowed; and (iii) a substantial portion of the roof is constructed at 16 feet in height, where only fifteen (15) feet is allowed. Upon making this finding, the Building Official “red tagged” the building and ordered that the construction of the Poolhouse be halted. After extensive research and the re-examination of the plans submitted for the Permit, the Building Official determined that the Permit was issued in error and the elevation, size and height should not have been permitted. The Building Official attributes the error to internally inconsistent architectural plans and multiple revisions to the plans that were misleading. The developer and his architect have acknowledged the inconsistencies. Upon presenting this problem to the developer, he agreed to make some modifications to the Poolhouse. Specifically, he agreed to reduce the floor height to no higher than ten (10) feet above flood criteria and to reduce the square footage of the Poolhouse by removing portions of the roof.

Wishing to maintain the height of the habitable portion of the Poolhouse at sixteen (16) feet above flood criteria (15 feet permitted), the developer applied for a variance of height. The Building Official denied the requested variance, as did the Village Manager on an appeal. Copies of both letters of denial are attached. The denials were strictly based upon the failure of the developer to comply with the seven (7) criteria in the Village’s Code for a variance. By way of a second appeal, the requested height variance is before the Village Council for a final determination. ANALYSIS Under the Village Code, the Village may grant a nonuse variance upon showing by the applicant that the variance meets all the following criteria: (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. There is nothing peculiar to the land that would justify the variance request. (b) That the special conditions and circumstances do not result from the actions of the applicant. The conditions and circumstances result in part to the actions of the applicant. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by these LDRs to other lands, buildings or structures in the same zoning district. The granting of the request will confer a privilege that is not available to others. (d) That literal interpretation of the provisions of these LDRs would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these LDRs and would work unnecessary and undue hardship on the applicant. The right required (increased height) is not a right commonly enjoyed by other lot owners. (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The property can be reasonably used without the variance. (f) That granting the variance will not change the use to one that is not permitted in the zoning district or different from other land in the same district. The granting of the variance will not change the use to one different than permitted for others.

(g) That the granting of the variance will be in harmony with the general intent and purpose of these LDRs and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the variance will allow for a structure which is out of harmony with the general intent of the Land Development Regulations, which is to impose reasonable limits on the use of land. RECOMMENDATION Despite the fact that the Building Official issued the Permit, based upon the analysis above, my recommendation is to deny the variance based on the failure to meet all of the above listed criteria. Should the Council decide to grant the variance, I would urge the Council to impose the following conditions in any approval. a. Provide the Village with two (2) sets of signed and sealed plans that meet the Indian Creek Village Code in its entirety. b. Provide an affidavit signed by the design professional of record confirming that all plans meet all the requirements of the Village Code. c. Provide a landscaping plan and plant all landscaping necessary to mitigate the impact of the Poolhouse. Such plan shall be submitted for approval to the Village prior to installation, and the necessary landscaping shall be planted prior to the issuance of the Certificate of Occupancy. d. Install and maintain a new temporary construction fence to obstruct the view of the construction activity from the right of way and neighboring properties. e. Comply with the attached Construction Operations Management conditions. f. Violation of any of the above conditions shall result in the immediate stoppage of construction.

VIA ELECTRONIC SUBMITTAL February 17th, 2023 Guillermo Olmedillo Village Manager Indian Creek Village 9080 Bay Drive Indian Creek, FL 33154 O: 305-865-4121 / C: 305-989-8560 / F: 305-865-2502 golmedillo@icvps.org www.indiancreekvillagefl.gov Re: Denial of Variance Appeal Letter Lot #37 - Variance #1 Denial Appeal Letter - Nonuse variance - Accessory Structure Maximum Height 023-012601-VA Master Permit #021-090801 Dear Mr. Olmedillo, Please find this enclosed letter on behalf of the Applicants, and the Owners of the Property located at 37 Indian Creek Island Rd., Indian Creek, FL 33154 , and let it serve as their formal request to appeal the Village Manager’s denial of the following variance request: Lot #37 - Variance #1 Denial Appeal Letter - Nonuse variance - Accessory Structure Maximum Height 023-012601-VA The applicant feels that the variance complies with the Village’s Land Development Regulations as further outlined in Sub-section C. Variance Procedure., Article 11. Administration and Enforcement. Variance #1 Denial Appeal Letter - Nonuse variance - Accessory Structure Maximum Height 023- 012601-VA (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: The applicant currently faces this special hardship of applying for variances, as we have a rear structural shell that is substantially complete, that was built based upon an approved set of master permit documents, an approved set of permit revisions, and written communication with staff assuring that this rear structure did not require any variances. We are not seeking any design favors, but rather wanting to avoid demolishing what has already been built. Construction was based off our “Master 2915 BISCAYNE BOULEVARD.SUITE 200.MIAMI, FL 33137 O: 305.573.1818 F: 305.573.3766 WWW.KOBIKARP.COM

2915 BISCAYNE BOULEVARD.SUITE 200.MIAMI, FL 33137 O: 305.573.1818 F: 305.573.3766 WWW.KOBIKARP.COM Permit” set approved in March of 2022, and an Architectural Revision set approved in October of 2022. Supporting documents can be found included within this Variance Denial Appeal Letter, which demonstrate that the height of the Massage/Yoga structure was built based off the approved set of documents. (b) That the special conditions and circumstances do not result from the actions of the applicant. Response: The applicant has not intentionally sought specialized zoning regulations. Construction was based off our “Master Permit” set approved in March of 2022, and an Architectural Revision set approved in October of 2022. Supporting documents can be found included within this Variance Denial Appeal Letter, which demonstrate that the height of the Massage/Yoga structure was built based off the approved set of documents. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by these LDRs to other lands, buildings or structures in the same zoning district. Response: The raised roof slab and roof parapet are part of a Minor Architectural Detail "Banding" feature, that creates a cantilevered roof for the Yoga/Massage structure. As per Indian Creek Municode (Article 4-Land and Water Use)(A-Land Uses)(4)(b)(iii), an exception is allowed for minor architectural detailing. (d) these LDRs would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of these LDRs and would work unnecessary and undue hardship on the applicant. Response: The raised roof slab and roof parapet are part of a Minor Architectural Detail "Banding" feature, that creates a cantilevered roof for the Yoga/Massage structure. As per Indian Creek Municode (Article 4-Land and Water Use)(A-Land Uses)(4)(b)(iii), an exception is allowed for minor architectural detailing. (e)That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Response: The raised roof slab and roof parapet are part of a Minor Architectural Detail "Banding" feature, that creates a cantilevered roof for the Yoga/Massage structure. As per Indian Creek Municode (Article 4-Land and Water Use)(A-Land Uses)(4)(b)(iii), an exception is allowed for minor architectural detailing. (f)That granting the variance will not change the use to one that is not permitted in the zoning district or different from other land in the same district. Response: The raised roof slab and roof parapet are part of a Minor Architectural Detail "Banding" feature, that creates a cantilevered roof for the Yoga/Massage structure. As per Indian Creek Municode (Article 4-Land and Water Use)(A-Land Uses)(4)(b)(iii), an exception is allowed for minor architectural detailing. (g)That the granting of the variance will be in harmony with the general intent and purpose of these LDRs and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The raised roof slab and roof parapet are part of a Minor Architectural Detail "Banding" feature, that creates a cantilevered roof for the Yoga/Massage structure. As per Indian Creek Municode (Article 4-Land and Water Use)(A-Land Uses)(4)(b)(iii), an exception is allowed for minor architectural detailing. In conclusion, the applicant’s goal is to create a resilient structure that functionally enhances the everyday enjoyment of the rear yard by the occupant, preserves a visually stunning

2915 BISCAYNE BOULEVARD.SUITE 200.MIAMI, FL 33137 O: 305.573.1818 F: 305.573.3766 WWW.KOBIKARP.COM architectural façade for the neighborhood, all while maintaining a sensitivity to the surrounding context and neighbors to minimize any impacts. We look forward to your favorable review of this appeal to the denial of the variance listed above. If you have any questions or comments in the interim, please give me a call at 305-573- 1818. Sincerely, Kobi Karp AR0012578 Kobi Karp Architecture Interior Design 571 NW 28th Street Miami, Fl 33127 KobiKarp@KobiKarp.com C: 305.992.5892 T: 305.573.1818 F: 305.573.3766

TAB 3-A

Regular Council Meeting 3/14/2023 INDIAN CREEK VILLAGE REGULAR COUNCIL MEETING MEMORANDUM TO: Mayor, Vice-Mayor, and Honorable Members of the Council of Indian Creek Village FROM: Guillermo Olmedillo, Village Manager DATE: March 09, 2023 TITLE: Roadway Project Contract Extension ______________________________________________________________________ The purpose of this memorandum is to provide an updated summary of the recent request by Giannetti Contracting Corp. (the “Contractor”) for an extension of the Contract for Construction (the “Contract”) to allow for the completion of the roadway project. The Contractor is seeking an extension through July 26, 2023. Background. The Contract was executed on March 3, 2021. Based upon the commencement date of July 6, 2021, the work was to be completed within 480 days (October 29, 2022). But for the changes requested by the Village addressing unforeseen site conditions, and changes on the pathway, the Contractor claims that all the work would have been completed on December 29, 2022, two months passed the deadline. That is the date that all other major work was completed. There are various reasons for this 2-month delay, some attributable to the Village and some attributable to the Contractor. The work remaining to be completed (lighting, irrigation, pathway, landscape, and the last asphalt layer) is expected to be completed by May 31, 2023. The Contractor has requested that the Village extend the Contract date to July 26, 2023, in order to substantially complete the remaining work. The Contractor is not seeking any further fees or costs, except those due to the changes requested by the Village such as the cost of purchasing and installing new pathway lighting. Recommendation. I recommend that the Contract completion date be extended to May 31, 2023. I believe that while some of the delays are certainly the responsibility of the Contractor; the time they are requesting is only the time needed to substantially complete items that are directly related to the Village’s changes to the lighting and pathway. I believe it is a reasonable request.

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