Planning and Zoning Board - Regular Meeting

All right good evening ladies and gentlemen. Welcome everybody and I just wanted to get up as your liaison to this board and welcome you all here. It is so nice to see this board a bunch of professionals in all different parts of the industry within planning and zoning building and architecture. So we're very excited to have you all up here. We're hoping that the next couple of years we'll see a bit of a different shift as far as perspective on what the objective is. which is helping the homeowners navigate through that process to be approved so they can build their homes for their families. We're not here to penalize anyone. We're here to help that process and for your sakes also help the commission will hopefully legislatively bring some clarity into what it is that the objective is, right? And I think that's what has been missing over the last little bit because a lot of times you sit at these meetings and you hear about people's feelings, how they feel about roofs or windows, and I think that's not what, it's very difficult for a homeowner to come in and depending on how someone feels that, they have to come back and resubmit. So clarity, I think we're all looking for that. And so this way we can continue to, I guess, protect what essentially brought us all here to the community in the first place, maintain the charms of our community, but at the same time allow for the newer people to come in, or somebody, even an older person that wants to build something to their capacity and for their family, and make that process easier. without, I guess the first order of business is for you guys to select a chair so I can sit down and you guys can take the meeting.

Mayor, can I please have the roll call?

Yeah.

Thank you. Board Member Bravo? Here. Board Member Forbes?

Here.

Board Member Licor? Here. Board Member McKenzie?

Here.

Alternate Board Member Levy? Levy. And Alternate Board Member Stuppell? Here. Mayor, there's a quorum.

All right. So, I mean, I'm not running the meeting. I just don't know who does. So, we'll leave it open to the floor. I guess if there's an appointment, a motion, and then you guys can take over.

I will make the motion to appoint Mr. Forbes as the chair.

I'll second.

Board Member Baumel? Sure. Board Member Bravo?

Yes.

Board Member Forbes?

Yes.

Board Member Licor? Yes. Board Member McKenzie?

Yes.

Motion carries.

Emotion for a vice chair I make a motion for Ruben Bravo to be the vice chair.

Sorry Chair chair Forbes you cannot make a motion I'll motion for Ruben Bravo to be vice chair.

I

Second for the motion.

What's the motion? Who made it?

I moved that Ruben Bravo be vice chair.

I'll second.

Board Member Baumel? Sure. Vice Chair Bravo?

Yes.

Chair Forbes?

Yes.

Board Member Licor? Yes. Board Member McKenzie? Yes. Motion carries.

Okay, two years. Do we want to go down just so we all don't know each other real well? Start at one end, introduce ourselves please. Give us a second about yourself so we can become a little more than hi, how are you? Can we start at one of the ends please? Just give a quick second about yourself please.

My name is Jake Levy. I am a licensed general contractor here in Florida. I grew up in New York, and we've been living here since 2015. And we've got two kids who are nine and seven, and they are at school in Bay Harbor. And we love it here.

I'm Carolyn Baumel, I think everybody already knows me. Have a great day.

Ruben Bravo, I work for a general contractor, right? We do big corporate buildings and stuff like that, right? Been in Surfside for 14 years now, and originally from Chile.

Name's David Forbes. Moved down here in 2020 with my family. Just spent the last three and a half years building a house here in Surfside and really got to enjoy every aspect of it. But now that we finally moved in last Sunday, I'm pretty happy here. It's a great place to live. I was on the board with Ruben and Carolyn, not last one, but the

the session before and we really had a good time together and i think that uh... we're all going to do some good for the next couple of years i'm lindsay licor i've been a resident of the town for twenty years uh... i am i work for a multi-family developer we build affordable workforce and market rate housing been doing that for about twenty years and been involved with this board pretty consistently since about twenty eleven so happy to be back

James McKenzie. I've been living in Surfside about 24 years, more or less. I'm an architect by profession with licenses in three different states because I've worked in several states. My office currently is in Miami Beach, or I should say my office is in Miami Beach for 30 years already. And I continue to practice. That's about the story.

Turn on the mic. There's a button next to the base. Other side. There's a little button on the bottom. On the right side.

It's hidden. My name is Eric Stupel. I'm a lawyer. I'm also a realtor. I'm a lifelong resident since 1974. I have three children. And... I'm proud to be a Surfside resident. I think that we have the greatest town, the greatest place to live worldwide, and I'm happy to serve on the board. Thank you.

So I'm gonna try a couple things different for the next couple years. The first thing I'm gonna ask of the board members up here is everyone turn their phones off, please. It is disrespectful to people that are coming up here and presenting if you are on your phone and not giving everybody here their full attention. Everything can wait for the hour and a half that we're gonna be up here until we get done. These meetings will be, everybody will have the chance to talk and say their piece, but they will not be going on for the two to three hours that they have been over the last few years. We will not be pontificating over and over again about things that don't matter. If it's not something we're supposed to be talking about or things that are not part of our forte of what we're supposed to do, you'll be asked to stop and either change the subject or get off the microphone. So let's focus on what we're here for, not give personal opinions on things that are not part of what we can and cannot approve. And most important is I will make definitely some mistakes. I have not been a chair. There are two chairs up here right now that have been chairs. So please bear with me. And if I do make a mistake, I ask that you correct me and put me in the right direction until I get it all right. So on that, let's keep moving. I take it that the mayor is done, right? He's not coming back?

No.

You were next on the agenda. I didn't know if you wanted to do anything. or you gave the liaison report already and that was fine?

I think it's a report we just started.

I'm just saying.

It's your choice, man. Thank you, guys. No, I mean, we're still working with YSAROTA to clear up some of the items that had come up over the last couple of years, some discrepancies or possible conflict with state law. So you can definitely expect to be getting things from us in the next couple of months, but we're still working with legal on some of these things.

Next item is the approval of the minutes.

Move to approve.

Is there a second? And I know there's a motion on the table, but none of us were. I mean, Lindsay, you were in that, so you know better than anybody, right? But we were not. I wasn't part of that meeting, so I don't know how can we approve it.

Board members, I'm Alex Uribe, by the way, since we're all doing introductions. I will be the planning and zoning attorney here with Wiserota, and I'll be here on a regular basis here with you all. And to answer your question, I understand this is a new board. Almost everybody is new. that is okay if you would like to have an opportunity to review the meeting the meeting minutes and if you would like to look at the recording of the prior meeting and make your comments as to the accuracy of what the minutes reflect based on that record you may defer it to next month or it is perfectly fine if you quickly review it and approve it tonight it is up to this board

I think it should be deferred.

Through the chair, I'd like to ask Lindsay, was there anything of any importance in those in that session that we should be cautious about or?

I mean, you guys have the minutes.

Are for the course?

Yeah, I mean, I think they typically reflect a very simple, you know, part of the discussion, so pretty straightforward.

Was this a meeting where maybe design guidelines were discussed?

I don't believe so. The design guidelines had been approved by that point, so no, I don't believe so.

Through the chair, if I may, during that meeting, there were no discussions about the design guidelines. There was only an update by the town planner saying that they were approved already.

And other than that, there were only applications then?

There were applications and a few discussion items, but nothing else.

Regular applications that were all approved or some of them got turned back with conditions or what happened?

I will have to go back to the minutes, but I have provided the minutes to the board a week in advance to be read and reviewed I Can answer they were all approved the applications that night All the applications were approved at the last meeting.

I

I don't think the applications are the problem. I think if anything had to do with any kind of, you said that there were additional items approved for? No, just discussion items. There was just discussion. Were they discussion items that were moved and asked to go to the commission?

They were just for discussion purposes. Nothing was moved to the commission. But everything's reflected in the minutes. Any motion, anything of that sort has been reflected on the minutes.

If you look at the minutes, there was a section here, and I'm happy to pass this around, the five items that they discussed that were new there were nine items that were sent to the commission for the agenda there were four items for future commission agendas and one that was completed um i don't know how anyone up here feels about it i would not be able to approve the minutes today until we've had conversations whether we agree with these or don't agree with these but I have them here if anyone would like to look at them.

Board members, I just want to clarify this is not about necessarily whether we agree with them or not. Are the minutes accurate to what happened at that meeting? That's the only thing that this approval will go for. This is an opportunity to check and correct the record in case there are any discrepancies.

So if that is the situation, I agree with Board Member Bonnell to Give us the opportunity to go over this and defer it to our next meeting.

Can somebody make a motion to defer the minutes to next meeting?

I think that the minutes should be deferred.

I think I said that already. Yes, Bowen, I need a motion. As a motion. Thank you. May I have a second?

I'll second.

I'm sorry, who's second on the motion? Me. Thank you. Remember Bowman.

Yes to defer.

Yes. Remember the core. No. Remember Mackenzie.

I'd like to take a look at them. So I'd say yes.

So to defer to the next meeting. Vice chair Bravo.

Yes.

Chair Forbes. Yes. Chair the motion carries.

Okay. Agenda and order of business, application 6A. Emerson Avenue.

Board members, before we get started with the applications as they are quasi-judicial, I do want to read the quasi-judicial statement into the record. So the application on this evening's meeting agenda are quasi-judicial in nature. The decision of whether or not to approve or recommend approval of such applications is not a popularity contest. We cannot base our decisions only on opinions, however important those opinions are. By law, we must base our decision on legal criteria and on substantial competent evidence. This means testimony or other evidence based on personal observation or relevant expert testimony that a reasonable mind would accept as adequate to support a conclusion. This includes the recommendations of the town's professional staff, as well as some personal opinions about whether people are in favor or against the application. Everyone shall be given an opportunity to speak. If you intend to provide testimony as to any of the applications considered tonight, you shall and must be sworn in by the clerk before your testimony is taken. Please know if you speak, you may be subject to cross examination. If you refuse either to 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 direct questions on their behalf to either staff or the applicant. For each application considered tonight, we will first hear from town staff and then from the applicant. After this, the chair of the board will allow anyone from the audience who has been sworn in to provide testimony. Please make your comments concise. Madam Clerk, can you confirm compliance with the advertising and notice requirements?

Property 9156 Emerson. Emerson Albany did not meet notice requirement.

That one will not be heard tonight. The remaining one at 9164 Frout?

They did meet the notice.

Very good. So can I please have you swear in all those who are going to testify, including town staff, planning staff? Yes.

If you will be testifying tonight, please rise and raise your right hand. Do you swear and affirm to say the truth and only with the truth? You may be seated.

Mr. Chair, I turn the proceedings over to you, and we can start with staff recommendations.

What was not, which property did not meet?

9156 Emerson Avenue did not meet notice of requirement.

6A in your agenda.

Was it specific that they didn't meet? What part didn't they meet? They did not provide any notice that it was supposed to be sent.

May I ask, when did we know about that? Because it's part of our package, and we put our time review in it, so.

Yes, I was made aware by the town planner a couple days ago, I believe, Tuesday, yes.

I would appreciate in the future to give us proper notice when we receive that notification.

Yes, we'll do that from now on.

Let's go to the next one. 6B.

Good evening, members of the board. My name is Scarlett Hammonds. I work with the Cordina Group, and I'm your town planner as a consultant. I will begin tonight with our first application, our only application, 9164 Froud Avenue. Staff finds that this application meets the zoning code requirements. The planning and zoning board should determine whether the proposed plan is consistent with and in conformance with the design guidelines per the town code. If the board finds the plan is consistent, staff recommends approval with the following conditions. that a drainage and grading plan and synthetic turf are reviewed and determined to be consistent with the code requirements. And two, that at the time of building permit, the home will comply with the town's sustainability and resiliency program as defined in code section 9050.1 and will obtain a recognized green building certification based on all applicable standards. So this application is a request for site plan approval for a new home of 2,689 square feet, one-story home with an understory. It's located at 9164 Froud. The subject property is an interior lot, and the zoning is H30B. and is approximately 5,625 square feet in size. The understory includes a carport, two small storage rooms, one bathroom, and a small seating area, and an entrance stairway. The front facade features exterior design elements including light gray, concrete textured, warm-toned hardwood cladding and clear glass white aluminum frame finishes. The rear of the home is similar to the front and the sides. The proposed lot coverage is 2,689 square feet, which is 47% of the lot for the first floor and with a floor area ratio of 0.47. Setback calculations are provided on sheet A002 and meet the minimum requirements. A preliminary landscape plan has been submitted and full landscape and civil plans will be provided for review during the building permit. Staff does find that this application meets the code and is recommending approval. Thank you.

Presentation.

Evening, everyone. It's a pleasure to see everyone again. Graham Penn, Burkow, Riddell, Fernandez, Larkin, Tapnes, 200 South Biscayne Boulevard. And away we go. So I'm joined by the property owner, Mr. Carlos Edding, as well as Jimena Martin, our architect. What Carlos is handing out are our materials. We also have a very large and very heavy turf block element here, which you cannot hand out. But, you know, if you guys could pull the plug out so everyone can see what the plugs look like. So this, you can see, you'll note this on the plans. That's the plug that is part of the, it's integrated in the system to allow it to be fully pervious. So, I am the pleasure of taking you through this design, through the basics, and then Jimena can tell me when I make mistakes. As Scarlett explained, this proposed home meets and exceeds all the relevant code standards. It's consistent with the design guidelines, and it's a great example, in our opinion, of an understory home for an interior lot. Just a bit of housekeeping. The design guidelines that are relevant to this application, not in my opinion that it makes that big of a difference, are the former design guidelines because the former city attorney provided the applicant with a confirmation that because the application was filed prior to April, The former design guidelines apply. And I can tell you, in my opinion, we're consistent with either one of them. And I'll explain why as we go. But technically, the old ones are the relevant ones. So let me give a little bit of an intro that's probably repetitive of what Scarlett was explaining. Again, understory home meets and exceeds all the dimensional requirements. It's only 22 feet high as measured from the crown of the road, 22 feet high. 2689 square feet, that is just over 500 square feet more than the existing home that was built in 1945. So this is not an overbuilding of this lot in any degree, right? This is a very modest home for an interior lot. And again, it is below the relevant FAR requirements. I know I just spent time blathering on about how the new design guidelines don't apply to us, but I think there's an important recognition in the new guidelines about the interaction between development, new development, and the flood requirements. We have a circumstance where our flood requirements are significantly higher than the built environment, and that means that any project that comes in, especially in an interior lot, is a challenge from a design and engineering point of view to meet the flood requirements and have a home that is compatible with its neighborhood. And we believe that this, number one, is a great example of how to do it right. And number two, supports the value of understories as a tool to ensure that that works. So the crown of the road we have in front of us is 4.25 feet, NGVD, our minimum finish floor is 10. So to bridge that gap, an understory, in our opinion, is a great solution. And we think this is a great example of how to do it. Back to the new design guidelines, which, again, I think is an important bit of information regarding the understories. A good understory under those new guidelines maintains human scale. It reduces the visual impact of the house. It reinforces the pedestrian relationship between the street and the house. And I think this project and this house is a great example of how to do it the right way. And as I say when I'm in front of you every time, the code that governs you, 9019.5, tells us what we're doing tonight, right? The goal of your review here is to work with the guidelines, provide guidance to applicants in front of you so that they can move these projects in a way that's closer to the vision of the town. The design guidelines are not a code, right, but they are, and your process is, though, to push projects in the right direction that can be implemented at building permits. So we think that, I think that Ximena and her team have done a great job of ensuring that we're on that road already. Okay. Okay. Here's our layout, very straightforward, 20 foot front setback, 20 foot rear setback, five foot two side setbacks. Everything you see on this plan except for the concrete walk, the pool, and the house itself is pervious. Our entire front parking area, obviously the two setbacks, the pool deck, all of that is pervious. So from a stormwater perspective, there's a lot of attention detail put forward in this design This is the existing house. You can see again. The the footprint is very similar Surrounding neighborhood are and and our property but top left is our house Top right is the house to the north top Bottom left is the house to the south and then there's a another view of us from across the street. I These are the two floors. And I want to spend a little time talking about the ground floor especially. Under the regulations, the understories in single family districts have two important criteria. Number one, you have to have 20% of your lot has to be pervious space underneath the understory. So you take your overall lot size, multiply it by 0.2, you have to have enough pervious space in the understory. This plan meets and exceeds that requirement. Second, your maximum floor area or habitable space is 10% of your lot, which we are at 400 square feet, which again is below 10%. Again, all that area, the yellow space here, this is all the turf block. We have pebbles here, pervious, pervious. The gray is concrete, obviously, because that's your living space. And here are two small storage areas. And this is the summer kitchen. And you can see, obviously, the entrance to the beautiful stairwell that goes to the living space. You'll see this again in the renderings, what... The team has put together as real living space here, not wasting this understory is just basically being parking and storage. This is an extension of the living space of the home, right, which we think is has been done in a beautiful fashion will be very useful for this family for decades to come. Second level is very basic, three bedrooms on the eastern edge with their associated bathrooms, a TV room, and then the beautiful circular stairwell comes up to a living room, dining, and kitchen area that has access to that balcony. Again, a very simple layout. Here are very important elevations, of course. Top is the view from the street. And the bottom is the view from the pool, basically. And I wanted to highlight again, even though it doesn't technically apply, if you look at that front view, that is completely consistent with the new design guidelines contemplation for understores. We are not putting a blank wall facing the street. We're activating that entire area with a combination of landscaping. the decorative fencing, I'm calling it fencing, the screening is probably more accurate, I apologize, and then active space as well. So it's a beautiful extension from the street right into the home. Same design elements are on both sides here, and you can see in the rear too, all the materials that you've seen today, it's a unified material on 360 degrees throughout the entire house. The mechanical, the very short, three-foot-tall mechanical element, you can see it here, which is just basically an HVAC unit that's three stories high. Three feet high, I apologize. Three stories would be ridiculous. Here are our two side views. On the top is the southern facade. You can see, again, inside, peeking through that beautiful window, you've got this... the gorgeous stairwell there, all that activation and the decorative screening here on the front where the parking is. This is one of those storage areas there, and then of course you see the columns, second level. a view into the dining slash living area. This is again another view of, you can see the kitchen back there. This is the hallway that connects those spaces. On the other side, kitchen window here, and these are the windows into the master bath. Again, movement throughout these facades and the extension of those, the architectural design and materials on all four sides of the house. A little bit of a cross-section here. This Hymer's home, two things. Technically, the roof is, you can see again how low we are, the 22 feet high. You can also see that the mechanical element, the one single mechanical element, the HVAC system, has been hidden and both screened right there and hidden from view by the use of the parapets. This is the stormwater, the preliminary stormwater plan. The reason I'm even talking about this briefly is that This again is another advantage of using an understory home. What we're showing here is a small wall around the perimeter. That wall is six inches above grade. We can get away with that because we're using an understory. That again is a great reason for understory houses to exist. Excuse me, brief view of the roof, not very thrilling. And here we go with the rendering. So this again is floating above the street in the center of the street. You can see all the elements we were discussing, the turf block, the concrete walk, the beautiful decorative materials here, and of course the use of the wood, the concrete, et cetera, all the same materials that you've been seeing. Here's a view at night, you can see this, and we do have a lighting plan in the materials, you can see the use of lighting here with a path, really nice, and it's throughout, very subtle, very effective lighting scheme throughout the entire property. A little bit of an offset view showing you the same thing, and again at night, and you really see how well that landscape lighting really highlights the design and the landscaping. view floating above the backyard very similar concept again you're looking here you can really see how the the the use of the understory has brought active space out the extending the the the home in here this is the summer kitchen this is a pizza oven here you can see again an active space for the entire family as well as that pervious um pervious pool deck Nighttime view, same thing, right? Again, the active use of this area, which is really what you want in an understory, something that's not just dead space. Side view here, again, and nighttime. And finally, we're done. So we're here for any questions the board may have. We would ask for your approval subject to staff's proposed conditions. If anyone wants to try to pick up the turf block, they're welcome to do it. We've handed out all the materials, correct? So with that, again, and I like to reserve time for a bundle if it becomes necessary. I don't think it will, but I have to say that. So please, we look forward to your comments and questions.

I saw what appeared to be a sloped roof. Is that a double roof that hides the HVAC?

This is a question. We're already going beyond my expertise.

Let's get there. I'm sorry. Before we continue, I have a question for the town attorney. I have a question for you. So at what point in time we say that we have been contacted by any parties pertaining to the project?

I would want you to do that before you make a vote. Okay. And before you make your discussion, that would be an appropriate time to do that. So can we do it now? If you would like to, if the board is ready to take their discussion before every board member has their discussion, that would be fine.

That's usually at the start of the meeting.

So this time I would like to say that I've been contacted by Mr. Carlos Shady. And now he presented the house, the project to me.

And that's not going to affect your weighing of the application in line with the quasi-judicial procedures that we talked about, correct? Exactly, correct. Thank you.

I also met with him. And no, it doesn't affect my decision.

I also spoke with him on the phone, and no, it will not affect my decision.

I was also contacted by the owner of the property. It wouldn't affect anything.

No one called me. I'm upset. No insult implied. Insulted.

That's my friend.

OK so are we disclosures are done yes or even if he could explain it for his place name and address.

The name and address please Jimena Martin. Into the mic. Sorry.

Jimena Martin is my name. I live in Key Biscayne in 275 West Enid Drive. And I live there after 16 years.

Thank you.

And I work there in another. I speak with another board. The roof is the half of the house is a single roof inclined. And the idea is to gain more light. separating the slab of the roof from the walls, but it's a single roof surrounded by windows.

If we can see the rendering.

Maybe in the elevation it's clear.

So there are additional windows in that? Exactly. Because it doesn't show in those. Exactly. So it adds additional light in the middle of the room. Okay. In the middle of the second floor.

Exactly. Exactly.

I really like. You like it? I like the renderings. I like the design. I think it protects against sea level rise. And it's different. And I think it's the future.

Thank you.

Great design. Thank you.

Before you move, can I ask you a couple of questions on join A003? right on the understory here yes if we go to the AC storage future elevator that area yes you have a door to get into that area but when installed when you install the elevator you're not going to have a space for maintenance for the pool equipment right so are you planning on having a future door somewhere else

In the basement, in the first floor?

First, yeah. In the first floor. Where you have the future elevator.

Okay, we need maybe to add another door for at the moment that we install the elevator. We can do it now. Another door facing the summer kitchen to provide maintenance to the pool equipment.

Thank you.

You're welcome.

Question for you also. Yes. On the roof elevation, there are two sort of conduits or pipes popping up. What are those?

Let me show you. This is for the summer kitchen where you may have a barbecue to do.

It's exhaust.

Exactly.

Exactly.

So, yeah, Lindsay, they're connected to.

And that doesn't fall into the mechanical equipment line of sight rules?

No, I wouldn't consider that mechanical equipment.

Ventilating? Ventilation? Maybe we could double check that. Okay.

Yes, like you said, exactly. Exactly.

I think it looks more decorative.

Yes, but it works for...

I have a couple of questions for you.

Yes.

If we look at the ground floor, can you explain to us or give us any guidance? Because in the plans it's not clear how you're going to create an isolation space, air-conditioned space at the ground level for the stairwell to function properly.

We are going to have air conditioning at the entrance in the space.

What is the envelope of that stairwell in the understory? What does it look like? Here?

Let me show you here. Let me...

It appears to be aluminum slats.

You have a wall.

A wall of what?

Exactly. And the floor plan items. And here you have windows. Huh? Because it's inside. Once you open the door, the double door, you are inside the place. So this is a window?

This is a window, exactly. What's a window, Graham? On the left.

Sorry, sorry. This portion, you can see it on the southern elevation too. This is glass, right? So this is circular glass with a door, right? That's what we're looking at?

It's inside conditioned space.

Okay, so that glass is sitting in the flood zone, right? It's below plus 10.

Yes. Yes.

Okay. So the owner is cognizant of the fact that if there's a major hurricane, that whole entire space is going to be flooded. And the access and exit from the house will be compromised because of that.

yes any like if you have it i mean the owner can speak to himself but i think those 89164 fraud so it's a glass enclosure and we're aware just as our house now sits on four foot uh six feet from uh the crown road if there's a hurricane will be also rendered and closing the house by the same amount of water so the entrance is close to the level of what it is now

so we're not i didn't understand any of it i'm sorry it's a glass enclosure all around the entrance which sits at plus four plus four correct right now my door that criteria is plus 10 for habitable space correct so we have a habitable space that's sitting below the norm This is not something I'm inventing. This is the code.

Correct. But that's the access to the house. Right now my house sits, the front door sits at six, five and a half. I understand. So it will be no difference, practical terms. I understand what you're saying, but in practical terms, it makes no difference.

I guess my point that I want you to understand is you are now responsible for violating the code, if you will, if we accept it the way it is. Another story would be if you say, I'm going to meet flood criteria by creating a concrete wall, which is going to be waterproofed. and I'm going to, in the doors, I'm going to be putting some flood panels to prevent that area from becoming a hazard, and then I'm going to sit all the glass, all the sectional glass, because I'm assuming they're all straight pieces of glass interrupted by extruded mullions that are larger than a normal mullion, and we're gonna sit it at plus 10. that would meet the intent of the code, right?

and that would be sensible in my opinion board members i i beg the beg your pardon i just want to make sure that we stay here between the guardrails of our scope of review and i understand that you have some concerns about that but understanding that that the applicant also is taking is understanding what they're bringing forth, and they have to comply with the Florida Building Code and the allowances for construction and the methods for construction below the floodplain. So that is on them, and it will be, of course, a condition that everything that is ultimately approved for a building permit meets the Florida Building Code. So I just want to put that on the record so that we focus back on what we are here to look at.

Well, I think it's important for the board to underscore these things that are in clear violation of the code. If not, then what are we doing here?

Board, I believe that these are sign and seal plans by an architect. I don't know that we should be here looking at and questioning what's part going to violate the building code at this stage of the review. There will be a full building permit review for this project. And at that time, any of those comments, those are very technical. Those are not part of the criteria that we have here that this board is tasked with reviewing.

Good evening, Board. I just want to weigh in. My name is Manuel Salazar, building official. That is, entrances to the building for the Code of Federal Regulations allows for that. He has to have that flood proof so that he doesn't have water intrusion, but it is allowed under the flood criteria. His habitable floor that I looked at where they live is at like 15 feet above, so they're well above. And the storage downstairs is also permitted.

I guess.

By the way, that will have a full flood review, though, when they do come in for permitting. We do look at all that.

Okay. I think it's important to underscore for this board, at least this is why I'm here. Because if you don't need me, believe me, I have better things to do. The important thing about this board, I think, is not only just taking care of what sensitive areas of design that are in contradiction with the fabric of our town, or that are in contradiction within their own scope of design. You've chosen a modern home. Respectfully, I think it's beautiful. But I think it's important that we understand also that part of our mission is to make you aware. Because I don't think the city wants another lawsuit because you start to complain that your house is flooding or whatever and something damaged the value. Nobody needs that headache, right? Right. So if we're all conscientious about the guidelines, and I'm glad the building official spoke because now it's his responsibility and not ours. I have other questions if it's okay.

Yeah.

Go ahead.

I expressed my opinion to the owner when he came to me. I thought it was a very smart way of using the understory. And I think it's certainly a far cry from anything that we've seen in Surfside. And I commended him for that effort. It's a one story house. He seemed to be very informed about all of the guidelines and so forth. But in terms of the design language that you chose, I was just wanting to offer you a thought.

I think we're just going to go with questions. Focus on the questions that you have for them while they're here instead of our own personal opinions You have questions for them while they're here.

I have nothing else to say Can I ask you a question is that before we go to mr. Levy before we end up because I just want to make sure we can Tie this up in a bow as to miss LaCour's question about the chimneys Staff has confirmed that we're gonna have to reduce them down to three feet over the roof line So just want to make sure we got that done. Sorry, Mr. Lee, I apologize.

Is the pool deck the same material as the fins on the balconies? Is that what that new tech would sample?

I'm being told it's one of those two handouts. So tell us which ones the deck the one with the piece of the little piece Thicker one is the deck the thinner one is the cladding very nice

i just want to say thank you mckenzie for your points i think they're important and significant and i thank alex for pointing out what he had to say but ultimately it just comes down to you meeting fema guidelines and making sure your property is safe because you won't be able to get insurance without it and

Since we're asking questions, I have another one, right? I just noticed this, my apologies. Drawing A003 again, we go to the kitchen area, right? And you have a continuous window over there, right? In that area. But if we go to the elevation, On 005, we go to elevation. The window is not shown continued. I'm guessing that's going to be the final result.

Well, Ruben, you can see the split.

Sorry. Sorry. This because I looked at this today. This is the this is the the window is split in this here. You can see those are the two Lindsay's favorite chimneys are there. Right.

So this is the double nine is the window.

And yeah, window not split, but the rest of the window. Right. And you can see that in the elevation to right window.

It shows it in there. So I think that's the final one. Right. OK.

I have a question. Were you done, Ruben?

Ruben? Are you done? Yeah, that was my question. I wanted to make sure that that was the final result.

Um so I think the the massing in the scale of this is really compatible with the neighborhood and I you know I I'm obviously a proponent of the understory so I you know I appreciate that design um there were just two questions I had one being um the the nighttime lighting scheme could you could you pull that up?

The actual plan itself?

Yeah, the rendering is fine. So one of the values in the design guidelines is sort of a subtle nighttime lighting scheme. And I just, I wasn't sure, the lighting along the stairway seems kind of bright and white.

It's the rendering, but the lighting that we need. Okay, I would just, I would want. Sometimes it's hard to show the idea. I think it's too bright. When I saw it, it's too bright. We need to lower it.

Okay, so I think that could just be compatible with the design guidelines, you know, 3,000 Kelvin or below. Yes, natural, not pretty subtle. Awesome, thank you. And then the other comment I have is more generally about our value in the design guidelines to preserve the tree canopy, and I want to say thank you for Relocating the large Royal Poinciana tree, I think that's going to be challenging. So, you know, where it's currently located, you're putting a tree. I don't know if you could work around that. Instead of trying to have to relocate it, I'm afraid it might not survive that, and it's beautiful.

the idea was to preserve as many trees as we could. We can try to keep it in there and work around it. It was suggested by the landscaping architect to move it, but whatever is easier and, to be honest, most cost-effective for us, it will be best. So we'll analyze it then.

Thank you. Beautiful. Yeah. And obviously the mango, you can't keep... It's right in the middle of your footprint. I don't know if it's worth trying to relocate that. And then the other one, you have a beautiful large mamey at the property line that doesn't seem to be in the way of the pool. Maybe you could try to keep it if you could.

That mamey was planted by the former owner's ex-boyfriend, and it is a pain in the day-to-day. It's a beautiful-looking tree, but it's a nightmare of a tree.

When the fruits fall, it's a horrible tree.

I think the ex-boyfriend thing was enough. I think that's all we needed to hear her.

And then my last comment on the landscaping is in regards to, I believe you have the clusia along the sides. And I just, I wonder, those typically get to be about, you know, eight feet tall. Your home is quite tall. I'm wondering if there might be a way to have a little bit more of a green screen for your neighbors for the long side elevations there with a little more layering or higher trees per what the landscaping guidelines are.

I wouldn't know. If there's any taller plants that we can use that are visa maintenance, then yes, of course, if not.

Yeah, podocarpus. Yeah, calusia gets out of control.

They also fall over after a hurricane, the calusia, because they're not deep-rooted.

That's it.

Thank you very much.

Any more questions up here before we close it?

Sure, if I may. If you would like to open the floor for public comments.

I will. Is there anyone from the public who wants to speak on this subject? Nope, now it's closed. Thank you very much, great presentation. Now we leave it up to us.

I would move to approve with staff conditions and just the conditions regarding the nighttime lighting and the landscaping be compatible with the design guidelines and and to save try to save the Port Royal painting points in the front.

And a second.

We're about one.

I think you're saying I'm so sorry I'm so sorry. Yes.

Board Member LaCour? Yes. Board Member McKenzie?

Yes.

Vice Chair Bravo?

Yes.

Chair Forbes?

Absolutely.

Motion carries.

Thank you so much. Good luck, guys.

Thank you.

Do we have any more materials outstanding? Okay, we got James's. Now we just have to pick this turf block up again. Hold on, let me close this off.

Next on the agenda is the ordinances 7A, amending sections of 7A, 9015 and 9016. There any discussion here?

May I read the title of the ordinance and seal the record?

Please.

Thank you. Item 7A, an ordinance of the Town Commission of the Town of Suerza, Florida, amending Charter 90-Sony Section 90-15, membership slash quorum, minimum qualifications, officers, terms of officers, vacancies, general regulations, recommendations, expenditures, ineptiveness, and Section 90-16, meetings. Board year, time frame, order of presentation, location of the tunnel service code of ordinances provided for codification and inclusion in the code, provided for survivability, provided for conflicts, and provided for an effective date. Item 7A.

Sorry, I'm having iPad problems.

Can I move to approve? This is pretty straightforward. It's moving everything from April to November.

Absolutely. We just want to make sure that there's an opportunity for the public to comment.

Well, there's no one here. Okay, anyone in the public that wants to comment? None. It is closed.

My apologies to the chair. Who's second on the motion?

Me. Mr. Bravo.

Thank you. Board Member Bamell? Yes. Board Member Licor? Yes. Board Member McKenzie? Yes. Vice Chair Bravo?

Yes.

Chair Forbes? Yes. Chair, the motion carries.

Thank you. That's it. 8A, next meeting, June 25th? At 6 p.m. At 6 p.m. One question I do have for the board now that it is going to be summer and a lot kids and grandkids and traveling. Is there anyone that knows today that they will not be here for June or July's meeting?

I will not be here for June.

I will also not be here for June.

If we have a quorum, we could continue. Yes, we have a quorum. We need three people to have a quorum.

Okay, then we have a quorum for them. Planning and Zoning Board agenda deadlines and meeting dates.

Yes, so this is my item. The town clerk's office will work on the agenda deadlines for all of our boards and committees. This is just so you guys have the dates for the rest of the year open till January and also the dates for the town clerk when we receive agenda items. This is just for the board for their knowledge, but I do ask if there could be a motion just to approve them. This can be changed anytime if there is any type of Difficulties with a board if you guys would like to move a date they can be movable if There's space or time with the other words So I'll move to approve and make the motion to approve this second All those in favor say aye aye any opposed motion carries aye

Okay, 9C, future discussion item tracker. Did I miss 9B?

Yeah.

I'm just having a hard time with this thing.

Yeah, I got rid of mine.

What's that?

I got rid of mine. They're horrible.

Yeah, I mean, it keeps going.

My apologies, Chair. It will be item 9C. 9B will not be heard today.

Okay. Then let's go back to 9C. Future agenda items. Yeah, I got nothing going here.

I think this, there's a number of- This is what you had. This is a number of items that are, I think we need to update these because a lot of them have

been talked about and discussed. Correct. Yeah, this is just for your information, just to show you where we kind of left off with the old board. And absolutely up for discussion if there's any new items that board members would like to put on here, remove, whatever your will is. But just for your information tonight.

I think we're going to have a lot of discussion on these. Does anyone have anything that they've thought about?

I don't like most of it.

This. Oh, I don't like most of it. So we can either go through it one at a time or we can hold off on this to the next meeting so everyone's got a chance to review it and have our own comments and things that we want to add to it.

Yeah, I think a lot of it needs to be removed because it's been already addressed.

Okay.

Can we find out what has already been addressed or it's on here? It is complete. Okay.

It is?

It is on here what's been addressed and what's already been completed.

Is there any additional literature attached to this or is this it? This is all that the town planner had put in the item.

I mean, if I may, this is just things that had come up over the course of conversation for future discussion. It's a repository. It's not really for discussion tonight. It's just really something to hold ideas for discussion in the future.

Okay, I'm done.

It says future discussions. That's what it's titled.

I would, if I may, I would ask to revisit the topics here because, in example, we do have artificial turf, and we are recommending code change not to allow artificial turf, even though I don't like, and I'm sorry I'm going to say I don't like artificial turf, but Florida state law doesn't allow local towns

not to allow artificial so we cannot for the law establishes that we can do it so a lot of these items i think are going to be adjusted by the town commission depending on what they to move forward and what isn't so i suspect that this is going to look different As we see it, I believe this was just presented as this was just the last status of everything prior to you coming in so that you saw where things were left off. It does not mean that all of this will move forward or that you will see it.

So to that point, a very valid point, we should get an update on this list and then just where I was going to go. Right.

Please. Please. Anybody have any new business? Anyone have any discussions up here?

Chair, if I may, there were no new items added to the boundary business. So there's no new business.

Okay. Do I have a motion to adjourn the meeting? I'll make the motion to adjourn the meeting. There has to be a second.

Second. Come on, guys. Don't be shy. Angelina.

All those in favor?

Aye.