Request for approval for revisions to a new multifamily dwelling for "Arman Corp" located at 1085 94 Street, Lot 10 of Block 13. On May 6, 2025, the Board approved the site plan. On December 15, 2025, the construction plans were submitted for review. During the review, staff identified some changes that were made to the previously approved design. The developer submitted revised plans for the doors, windows, window sizes and the removal of a 4' wide window on the first floor. The proposed building will not require any TDRs. Enclosed please find the site plan and elevations. (Item #1)

Town of Bay Harbor Islands, FLORIDA Design Review Board ADVISORY BOARD AGENDA ITEM REPORT AGENDA ITEM NO. 1 MEETING DATE: 06/09/2026 PREPARED BY: Lorrainia Belle Town Planner SUBJECT: Project # SPR26-000011 A public hearing to consider an application by ARMAN CORP (applicant) requesting re- approval for the Site Development Plan for the construction of a six (6) dwelling unit townhouse complex located at 1085 94th Street, Bay Harbor Islands, Florida. identified by parcel identification numbers 13-2227-001-2570. This item is brought back to the DRB for re-review due to exterior changes made by the applicant during the building permit review process that do not match the DRB-approved plans. Specifically, Sheet A-3.1 does not match the approved design, with doors and windows changed, window sizes altered, and a four (4) foot wide window removed on the first floor. The applicant did not request prior DRB approval for these changes. Staff identified the changes and consulted the DRB Chair, who confirmed that the project must return for review. 1. BACKGROUND/HISTORY Issue Statement: The applicant, ARMAN CORP, requests Design Review Board (DRB) re- approval for the Site Development Plan for a six (6) unit townhouse complex at 1085 94th Street. This item is brought back to the DRB due to exterior changes made during the building permit review process that deviate from the DRB-approved plans. Staff identified the changes and consulted the DRB Chair, who confirmed that the project must return to the full Board for review. Recommended Action: Staff recommends that the Design Review Board review the proposed changes and, if found acceptable as submitted or with modifications, approve the Site Development Plan subject to the staff recommended conditions listed herein, or any additional changes or conditions felt to be necessary by the DRB. Previous DRB Review & Action: • February 13, 2025: The Development Review Committee (DRC) reviewed the applicant's Site Development Plan application and deferred action to allow the applicant time to address comments from MMPA and Committee members. • March 10, 2025: The DRC reviewed the applicant's revised submittal and approved the Site Development Plan application to allow the applicant to move forward with scheduling their Community meeting and subsequently appearing before the Design Review Board (DRB) for consideration. Summary of Revisions (Post-Approval Changes Identified During Permit Review) Subsequently, during the building permit review process, the applicant submitted revised plans that materially altered the approved exterior design without requesting DRB review of these changes. Staff conducted a comparative review of the originally approved plans versus the permit submittal plans. Element Approved Design (Dec. 10, 2024) New Proposed Changes (Permit Submittal) Doors As approved Changed from approved design Windows As approved Sizes changed; locations altered First Floor Window 4' wide window as approved 4' wide window removed Sheet A-3.1 Conformed to DRB approval Does not match DRB approved design Property Description: The subject property consists of Lot 10, Block 13, "Bay Harbor Island" Subdivision, located at 1085 94th Street. The overall lot area is 11,116 square feet (0.26 acres). The property is zoned RM-2 (Multiple Family District) with a Future Land Use Map designation of Medium-High Density Residential. Project Description: The proposed project includes: • Dwelling Units: 6 townhouse units (4 stories each) • Building Height: 40 +/- feet to main roof deck • Parking: 12 spaces required (2 per unit); provided within garages and adjacent driveways • Unit Size: Approximately 3,650 to 3,745 square feet of A/C space per unit Architectural Design: South Florida Modern with glass/stucco facade. Exterior colors are white with white window frames. 2. ANALYSIS Project Overview: This is a re-review of an application for a six (6) unit townhouse development on an 11,116 square-foot site by ARMAN CORP. The applicant returns to the DRB because staff identified material changes made during the permit review process on Sheet A-3.1. Post-Approval/Permit Review Changes: The applicant submitted permit plans that deviate from the DRB-approved design. While minor adjustments are typical during permit review, the following changes constitute a material change to the exterior appearance requiring DRB re-approval: 1. Doors: Doors have been changed from the approved design. 2. Windows: Window sizes have been changed from the approved design. 3. Windows: A four (4) foot wide window on the first floor has been removed. 4. Sheet A-3.1: This sheet does not match the DRB-approved design. Zoning and Land Use: The property has a Future Land Use Map (FLUM) designation of "M-H Medium-High Density (6-34 DUA)" and is zoned RM-2 (Multiple Family Residential District). The proposed density of 6 units on a 0.26-acre lot is consistent with the maximum allowable base density of 34 DUA. The proposed use and density comply with the Comprehensive Plan and Zoning Code. Platting: No re-platting is required for this project. Neighborhood Compatibility: The area is predominatly by a mixture of older low-rise residential complexes (2-3 stories) and mid-rise residential complexes (5-7 stories). The Town's 2002 Community Vision Master Plan identifies this area as being preferred for multi-family residential complexes (up to 7 stories). The proposed development is deemed generally consistent with the Town's future vision for this area. Parking Considerations: Based on 6 Dwelling Units, the Code requires 12 parking spaces (2 per unit). The development provides the required parking within garages and adjacent driveways. Future Land Use Map Designation: The property is designated Medium-High Density Residential on the Town's Future Land Use Map. The maximum allowable base density is 34 dwelling units per acre. The proposed 6 DU. Utilities & Undergrounding: There are existing overhead power lines/poles/other utilities along the entire east and south property lines. The Town Code requires the removal of existing above-ground utility poles/wiring and undergrounding of all facilities. The applicant should coordinate with FPL. All utility connections from existing facilities to the new building must be installed underground, and underground conduits for future undergrounding of overhead utilities along the northern property line are required. FPL Transformers / Utility Boxes: All FPL transformers, backflow preventers, and exposed utility facilities must be substantially screened or hidden with landscaping or fences. The FPL transformers cannot be placed in the 10 feet landscape buffer. Conclusion: The applicant, ARMAN CORP, made changes to a previously approved design during permit review without requesting DRB re-approval. Staff identified these changes on Sheet A-3.1 (doors, windows, window sizes, removal of a 4' wide window on the first floor) and consulted the DRB Chair, who confirmed the project must return for review. Staff finds that the project may be approved subject to the conditions outlined below Applicable Code Sections: The following sections of the Town’s Land Development and Zoning Code are applicable to this proposal: • Section 23-3 (Use Regulations for RD Single-Family District) • Section 23-9 (Minimum Size of Living Units) • Section 23-10 (Minimum Size of Building Lot) • Section 23-11(A) (Land Development Regulations for RD Single-Family Areas) • Section 23-12 (Land Development Regulations - General Provisions) • Section 23-16 (Minimum Landscape Standards) All proposed developments must comply with the Town’s current codes and applicable ordinances. Design Review Board Review Criteria (Section 5-23.1): In accordance with Section 5-23.1, the Design Review Board shall review and approve projects based on the following: 1. Conformance with good design principles and the aesthetic vision of the Town. 2. Avoidance of inferior design that may diminish the neighborhood’s visual appeal. 3. Use of quality architectural features and materials with cohesive character. 4. Compatibility with surrounding properties and respect for existing view corridors. 5. Cohesive landscaping and hardscaping that enhance the property and streetscape. 6. Adequate buffering from public views, adjacent properties, and sidewalks. 7. Compliance with applicable Town Code standards. 8. Harmony with surrounding development in terms of: a. Site layout and orientation b. Relationship to open space and adjacent buildings c. Massing, height, and architectural style d. Material durability and coastal environment resilience e. Landscape sustainability and irrigation f. Appropriate lighting, signage, and architectural graphics. 3. RECOMMENDATION Staff recommends that the Design Review Board review the application at its discretion and evaluate the proposed townhouse development located at 1085 94th Street. Staff recommend approval with the following conditions: 1. Plan Set Compliance: Approval is based on the project description and plans as last revised. Any substantial revisions shall be reviewed by staff and may require re- approval by the DRB. 2. Street Tree Requirements: The proposed Spanish Stopper tree does not meet the minimum height requirements for street trees. Pursuant to Code requirements, all street trees shall have a minimum overall height of fifteen (15) feet, with at least six (6) feet of clear trunk before branching, and a minimum caliper of two and one-half (2½) inches at the time of planting. Street trees shall also comply with the Miami- Dade County minimum spacing criteria of thirty-five (35) feet average separation and shall not exceed forty (40) feet on center. Please revise accordingly to meet the Town's landscaping and street tree requirements. 3. Ground-Level Open Green Space: Provide a detailed breakdown and calculations for the required ground-level open green space. A minimum of twenty percent (20%) open green space is required. Staff sign-off cannot be completed until this information is provided and verified. 4. Rooftop Green Space: Provide the square footage calculations for the proposed rooftop green space. 5. Separate Permits Required: Separate permits are required for demolition, fence, retaining wall, pool, and any mechanical equipment. Please coordinate with the Building Department for all applicable permit requirements. 6. Zoning Compliance: All construction must comply with the RM-2 zoning district development standards and Town Code requirements, including height, setbacks, lot coverage, and FAR. Final zoning verification shall occur at the building permit stage. 7. Outdoor Lighting Plan: The preliminary Photometric Lighting Plan shows general compliance with the Town's Exterior Lighting Code requirements found in Sec. 23- 19. At the time of building permit review, the Town staff will ensure the final lighting plan complies with the Code footcandle limitations/requirements. 8. Unity of Title: Prior to the issuance of building permits, a Unity of Title document to tie the multiple lots (Lots 3, 4, and 5) together as one legal building site must be prepared and recorded, after review and approval by the Town Attorney. 9. FPL Transformer Screening: All FPL transformers, backflow preventers, and exposed utility facilities must be substantially screened/hidden with landscaping, or fences and placement is prohibited in the 10-foot landscape buffer. 10. Underground Utilities: The Town Code requires developers to remove existing above-ground utility poles/wiring and underground all facilities. All utility connections from existing utility facilities to this new building must be installed underground. In addition, underground conduits for future undergrounding of overhead utilities along the northern property line are required. 11. Fire Department Approval: Miami-Dade County Fire Department approval of the final staging areas shown on the plans is required at the time of building permit review. Any significant changes required by the M-D Fire Department subsequent to the Town's site plan approval may cause the plans to be re-submitted/reapproved by the DRC/DRB. 12. Fees & Concurrency: Miami-Dade & Town Park impact fees must be paid/satisfied at the time of building permits. School concurrency must be addressed with Miami- Dade County School Board staff; if mitigation is required, an agreement/payment must be finalized prior to the issuance of building permits. 13. Flood Control and Drainage Compliance: The finished grade of the lot may not be increased above the base flood elevation (BFE) prescribed by United States, state or county flood-control laws or regulations. All yards shall be sloped to drain to the street drainage gutter, seawall or on-site retention/discharge system, and shall not drain into adjacent property. Finished grades at adjoining lots shall be equal unless the Town Council approves a retaining wall system. All swale areas within adjoining roadways, adjoining lots, and yard areas adjacent to seawalls shall be designed to provide retention for sediments prior to discharge to meet NPDES permit requirements. 14. Changes Require Further Review: Any changes to the proposed architectural design, site layout, or approved materials must be returned to the DRB for further review and approval. 15. Any previous conditions from the March 10, 2025, meeting shall remain in full force and effect, unless explicitly amended or superseded by the conditions herein.