##VIDEO ID:dbvcuhm01HM## I now call it to order may we all stand pledge allegiance to the flag I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God and indivisible with liberty and justice for all Adam secretary may we have a a roll call please chairman Charles Ur yes Vice chair Michael mcar pres commissioner Kenny e commissioner Naomi glir present commissioner Kevin CED on his way we think commissioner edwi Clark is he U excused okay commissioner Mark Bob excused and commissioner Robert Besson present okay and we do have a quorum thank you very much uh are there any amendments to the agenda Mr cook um the minutes are not prepared for the evening sir um because so noted and they will be U for the next meeting next meeting we'll vote on those um and then uh I see that we do have a meeting schedule for December December 3rd so um I put that on there um after speaking with um city manager office as you know our runoff take place on December the 3D because of that we will not have the chamber available so we can conduct the meeting on the 3D so we would need to um consider an alternative date for our December meeting all right um so if you'all have any ideas um yeah it's around the holiday it's probably going to be difficult to try to remove that later on in the month so it's something to try to consider um should that since it's obvious it's going to be cancelled so um you know try to get back to us as soon as possible uh do you have any pending um projects we doing the works we do yes sir that um and they biting at the bits to be on that December 3rd meeting which we me all right well that's going to be kind of a a wait and see status yes sir with the holidays so to your um to that in mind um chair we will send out some dates and if you able to we able to get quum we will have the meeting if we unable to do so then we would have to attend to the items come to January meeting all right thank you very much uh do we have any continued public hearings sir no sir very good um so we'll go ahead and move into the first item on the agenda this evening this is a quasy Judicial um um issue so we need to uh um have everybody that wishes to address this sworn in and I'll turn the floor over to um um our Planning Commission councel to uh explain uh sort of what we uh what they everyone needs to know okay I'll be reading the um summary of Quasi judicial procedures um number one these rules apply to applications on specific Parcels of land like zoning map amendments special exceptions variances and conditional use requests number two the commissioner board will sit like a court hence the term quasi judicial reviewing the facts presented at the hearing applying the adopted rules as explained by staff in the staff report and verbally the commissioner board members can make uh site visits but must disclose the evidence upon which they intend to rely from that visit number three board members will disclose at the beginning of the hearing whether they have had Communications with individuals on behalf of the applicant or otherwise including who the communication was with and what the topic of the discussion was number four all persons intending to speak to the board will be sworn by the clerk number five the staff will make a presentation the board may ask questions number six the applicant will make a presentation including expert Witnesses if any the board may ask questions number seven when the public hearing is opened the public can make comments on the application limited to 2 minutes each citizen testimony must be fact based not opinion the board may ask questions and the applicant's attorney if any may ask questions questions cross examination members of the public can decline to be cross-examined staff may present additional testimony to supplement or rebut arguments made number eight the board deliberates based on the evidence presented the board's decision must be based on competent substantial evidence meaning based on the record staff presentations expert presentations and fact-based comments by citizens according to the standards for approval set forth in the city code number nine the board May approve deny or continue an item number 10 while staff previously read um um yes while staff previously read into the record emailed or mailed comments these since these are not competent substantial evidence for example not sworn testimony subject to cross-examination the board's decision cannot be based on what is contained in the emails or mail comments but they can can be used to identify issues and help identify sources of information that do contain competent substantial evidence upon which a decision can be based written comments submitted before the meeting are part of the record and available for review by the board lastly we ask each of you to treat this proceeding with respect and proper decorum no calling out interrupting speakers or disrupting the proceeding please give this proceeding the same dignity and respect as if you were in court disruptions are prohibited and enforceable pursuant to the city code please also silence your cell phones thank you thank you councilman um if you please the staff um um I'm going to read the item in first before I ask for commission disclosure if that's all right with you and then I'll ask for a commission disclosure and we'll proceed uh from that point so so the first item up is PC 17-00 this is a res resolution of the mayor and the city council of the city of North Miami Florida approving an application for a conditional use permit and substantially the attached form for proposed development consisting of a 10-story 35 unit residential building with 48 parking spaces on 0.381 Acres that's approximately 16,2 7 uh 133 Square ft parcel of real uh real property located at 13132 Northeast 9th Avenue and 895 noreast 131st Street identify with Miami dat folio number 06- 2229 D 0494 and 06- 2229 d49 d390 in accordance with the article three with article 3 division 4 sections 3-42 through 3-47 Article 4 division 2 sections 4-22 sections 4-23 a and sections 4-25 and Article 4 division 3 section 4-35 of the city of North Miami code of ordinances chapter 29 entitled Land Development regulations providing for an effective date and all for all other purposes the item has been read in and now at this point I'm going to ask uh all the commission members to U um disclose any contacts or or discussions with any uh body uh that is part of this item um or who either fa favors it or disapproves it if anybody's had any contact UM Mr cord I'll wait for you to get up but I'll go ahead and start uh with m any no communication all right no no communication Mike Mike mder no Communications um um Mr h no none and Dr Besson none and [Music] Kevin okay let the record show Mr cyre has join the panel and so nobody on this item has had any uh Communications with uh anyone uh party to this item um at this point then I will ask that Madam Secretary if you could um have everyone swear uh sworn in that wishes to address this item anyone wishing to address this either for or against item 17-00 um I'm going to do this separately by the way for for councel for each item um so we don't get mixed up um so for this item only 17-00 U please stand and um um be administer the oath do you swear or affirm that the testimony and evidence you're about to give will be the truth the whole truth and nothing but the truth I do I do again this is uh item 17-00 uh the property contained on 13 13132 Northeast 9th Avenue and 895 Northeast 100 131st Street very good uh now um call for staff report Mr Kirk good evening good evening Mr chair and Commissioners thank you um as stated the item before us is a conditional use permit to allot to the applicant 25 bonus units they are seeking as is stated 25 units for a total of 30 units their based amount is 10 units based on the size of the lot the lot as the stated is approximately 38 acres which is 16733 square ft the property is located within the R6 zoning District which has a maximum height of 110 ft and a maximum density of 25 units per acre it's also in The Flume the future land use map which is known for high density residential this property is also located within the Formerly Known neighborhood Redevelopment overlay District based on the application when it was received and processed this application is operating under that provision of the old code and they're seeking bonus units based on the neighborhood Redevelopment overlay District which allows for a maximum of 90 units per acre and a maximum height of 110 ft and you can get bonus height if you do certain things such as lead silver lead gold to get additional height up to a maximum of 40 ft additionally as we stated this property is located as 13132 Northeast Avenue and is also located at 895 Northeast 131st Street The Proposal as was stated is a 10-story residential building with 35 units it will have 48 parking spaces integrated within the actual building and some on the um ground floor the the project will promote Street activ act activation and it will have an active screening of the garage it would have an enhanced pedestrian experience with new sustainable Landscaping public benches and a 6ot wide sidewalk along Northeast 131st Street and along Northeast 9th Avenue other sustainable designs and features to help reduce the heat island effect and storm water management and High Energy Efficiency features will be included in the development the economic impact you're looking at 157 direct and indirect jobs they're looking at supplying approximately 11,464 6 in wages the AAL loin is anticipated to be$ 128 8,982 per year and the impact and perment fees is estimated to be $467,900 so that's not specific to the residents living within the facility that's specific to the jobs they believe they'll generate as part of the construction of the building directly indirectly because of the construction site and who how would impact the community as a whole by bringing in um workers coming in there who would be spending monies and things to that effect and and that's what they believe generating and direct monies that they'll be paying the workers and the cost of the actual construction thank you sorry the conditional use permit has several conditions that they would need to meet one of them they will require development Review Committee as was stated they would need construct sidewalks that and maintain a minimum of 6 ft wide along Northeast 131st Street in Northeast 9th Avenue they would need to have underground utilities they would need to obtain a certificate of use and a business tax receipt they would need to provide a lead C certification or equivalent certification prior to the certificate of occupancy being issued and they would need to provide sustainable commitments low impact development activities such as green Gardens um storm water um retention on the site The Next Step will be that it will require this item to go to the city council for approval now it's the city council they will also require city council approval for the development Review Committee site plan to be reviewed by the city council for approval this item also went through a review by staff as it relates to come the criteria set forth in the ldrs for conditional use permits and that specifically deals with section 3-45 and we have several items they went through dealing with the future land use and um goals they met that the housing element go and that we want bringing in new housing into the into our city to meet the need we have concurrency as they dealing with water and sew we already have that available at the site um as it relates to the parking they meet the parking requirement they do seek a slight reduction in parking for for the site of you can do a maximum 15% they are doing a minimum of like 3% parking reduction for the site but they're still covering all the units in the site and having um parking for guests at the site as well we have several conditions that we have solicited in the um package that we would ask that be concluded as part of the approval if the Planning Commission so deem to recommend approval to city council at this point that ends my presentation thank you very much um at this point um we'll go ahead and hear from the petitioner uh on this item U so if the u a group representing this development can come forward please introduce yourself and state your name and address for the [Music] record hi good evening good evening uh I'm Alexandra canel I work with the Architecture Firm for the building G3 design build and the address is 975 AR godre Road in Miami Beach Florida okay good evening thank you for coming um is there anyone else that will be speaking this is the developer here also I am arur I'm aruro with also with the architect uh for the project and the owners are here in case we okay great thank you thank you you may begin thank um so I already presented myself so I'm just go go right into the project and uh give you give you a brief description of what we're proposing here um so we are proud uh to collaborate with um zet which is the project owner and developer um they have over 25 years of experience and millions of square feet developed and they bring a wealth of experience to this multif family residential project um as mentioned by Mr cook this is the location the for the project is a corner lot of Northeast uh 9th Avenue and noreast 131st Street um in terms of the zoning um our team has worked to create a development that not only meets the community housing needs but also aligns with local planning goals and enhances the surrounding area so as mentioned this site is located in a transitional area with varying zoning designations so um to the east side we have um pu zoning to the west side we have commercial and um to the South we have residential R2 and within the block we have the r R6 um multif Family residential district it also falls into the N which is the neighborhood um with development overlay as mentioned and also I want to point out that giv the very special shape of this lot we have designed an appropriate INF project by minim izing the building footprint so we took into consideration with the staff with the city staff uh the setbacks which we are providing 25 ft setbacks along the the front of the property and back of the property and 15 ft along the side of the properties so we minimizing the building footprint and um adding height so those are some pictures of the context uh around the property as you can see we within the same block we have another multif family residential uh just north of our property um just a project overview here the density we only are um doing 35 units so it's a very Boutique small building um we with the height we are proposing 100 ft and a 10-story building including the rooftop uh we also Al providing 48 parking spaces this is just the zoning Legend with all the information that Mr C already previously um informed you about uh in terms of the parking reduction um we are providing more bicycle parkings than we were we are required uh to provide we are providing outside B bicycle parking along with the interior of the building as well um there there was a issue brought up that you're reducing your parking requirement by 3% can you address that for us yes um so we are doing the uh parking reduction with the preferential parking which we are providing um six prefer spa pref preferential parking spaces uh through hybrid vehicles um and then we also reducing by providing uh the bicycle parking sorry to throw you off on that but I wanted to get that out of the way since you were talking about parking it's okay sir no problem Mr cook you want to so give you a little more specificity um my apologies that I didn't go into the numbers so you're looking at 35 units um 35 units you have 1.5 um parking spaces per unit plus 5% they would needed 55 parking spaces they are proposing 48 so you're looking at seven parking spaces being reduced they are doing that as the applicants indicated because they're doing a preferential parking which is providing either car pooling van pooling or hybd vehicle and you also can provide additional bicycles over the minimum requirement for the site and they are doing that to um be able to Institute this reduction in their parking okay thank you very much we continue um okay so uh this is the site the site plan for our project um as an overview the the first floor and the second floor is the building entrance Lobby and the parking um and then above we have seven floors of residential units um and the last floor which is the 10th floor we have the amenity deck um oops sorry uh on the residential uh floors which is which are seven we have five residential units in which all of them are two bedrooms and two and a half bathrooms uh they're around um 850 to 1,00 square ft um and sorry and this is the amenity deck uh which we're proposing for the building with a pool area and um some barbecue area and entertainment so um in alignment with the design Excellence criter criteria we've Incorporated several architectural features that enhances the building character and no visual appeal um one of them we are uh providing a a grand entrance on the Underground Level which is I'm going to get there on the southwest corner of the property uh we are also providing a screening element that envelopes the whole building along Northeast 131st Street Northeast 9th Street and along the alley as well that's Northeast 9th Avenue no sorry um also we played with with the facade of the building with different sizes and shapes for the balconies along both streets and the allei as well uh we incorporated um features like the wood ceilings that um in our vision offers um a warmth and Varity throughout the the elevation and the building Mass this is the a many deck that we are proposing on the last level some interior shots of the of the lobby um I also wanted to highlight that this project is designed with sustainability and Community integration in mind um we've Inc incorporated green build building features and and uh landscape communal areas on the ground level uh we have a lot of space in the front sides and back of the building which we plan to um design a landscaping inviting um area for for the public we also are extending our sidewalk 6 feet as mentioned so we would have 10 ft sidewalks with public seating lighting and all of that for um in front of our building The Grainery that I I see in the drawings that are there currently will any of that be salvageable or saved there looks like there's some trees that are are yes rather rather um they've been there a while and it looks like it would be an enhancement yeah yeah any any yes sir any tree that we could Salvage along uh the street we will and if not uh would you know replant it or or relocate or even provide more um trees along the street that's a that's a um goal here um um and lastly I mean we've worked closely with the city staff they assisted us through this uh whole process and essentially to ensure that this development really reflects both the current needs and future aspirations and we um are The Architects are confident that this project will be a valuable asset to the area and to the community and to the neighborhood uh which because we'll be providing much needed housing and contributing to the local economy and um on this slide I just wanted to quickly go over uh some of the materials that we are choosing uh as I mentioned before we wanted to bring that warm and welcoming welcoming through the the facade of the building so we are introducing a lot of the wood um wood texture materials with the tarima tech screening along with the wood ceilings and um all pvers and Ts that we're trying to achieve here with the project um so thank you again for considering the project and if you have any questions we'll be happy to answer them thank you thank you very much before I open up the U um the item to the public for comment um were there any questions on her presentation that we need to get answered before uh I open the public hearing so I do have a question for staff uh you mentioned that this project would be approved on the former overlay District that we had I I thought we were no longer approving projects no ma'am that's not the case um if you already in the PIP line invested then they are able to go through and get their entitlements under that old um section of the code so when did this project originally come to the city it think they were submitted in 23 late 23 and theyve been in process working with us to this point so as of when have we made the decision no longer to go forward with those type of projects in those areas so no one could come in at this moment and I understand not at this moment but what is the what was what is the cut off when did we officially set the cut off the cut off date for anyone to be a to submit was when it was cified by the state in August so as so anyone who had not present Ed as of August of 2024 4 we won't be able to move forward that's correct ma'am okay we wouldn't even accept the application under that because it no long exist okay and my my followup question is what kind of community community engagement has happened concerning this project as the standard uh I think they sent out the um the the notification to the to the neighboring I think there was 68 different properties that uh those notifications went to and then there was postings on the site as well you think or I know I know and I think 68 it could be 64 it could be 65 but I know the notifications went out so the notific there there's notification that went out to notification written notification to the residents and you're saying 68 notifications 68 notifications went out so um protocol um through the chair forgive me um Mr Herms um you have a minimum radius of 500 feet that you need to notify that was achieved and you also need to post the site that was achieved and you also need to advertise um the advertisement needs to occur 10 days prior to the meeting the posting needs to occur 10 days prior to the meeting both of those items were achieved and we sent our courtesy notice as just extra to send to the to the community and that was done as well thank you thank you very much any other questions I'll go ahead and open up the public hearing public hearing I'm sorry public hearing Yes again absolutely all right public hearing uh is now open anyone wishing to speak on this item please come forward I saw people take uh an oath on this and you said they've changed their mind okay bear in mind if you are here for the other item you will have to be sworn in again as I had indicated so if anyone wishing to speak on this item please please come forward good evening good evening come come up to the podium please state your name and address for the record good evening everyone this is my first I'm here um could you pull your microphone down just a little bit more my name is Norman cerom I'm uh one of the owners at a60 noreast 131st Street um so this is a little hard for me you know I mean I just want to know I'm sorry I make a little noes so about the construction noise for the project for this project I'm a little um I just want to know what's going to happen about the construction um I don't know I have right now seen and hearing the developers I just want to know what is the main entrance for this project is going to be in 131st or n or 9th Avenue okay go ahead we'll we'll make note of everything and then have the um developer address that you have any other things yes I want to address yeah also just I want to know about the access to uh to my property when the prices start going on so it's a little little question probably after hearing more I will ask more more questions but um I just concern I just want to hear more about everything sure and um as a owner so I'm I'm a concern about this this and if you can think of anything else you you have one one time to speak so okay do you have anything else uh for now no thank you very much anyone else wishing to address this project please come forward seeing none I'm going to go ahead and close the public hearing public hearing is now closed and I'll open up the uh floor U to um um well first U I'm going to go ahead and allow a rebuttal on on the items that uh the resident brought up if you could be so kind as to um yes give us answer those questions course thank you of course um so the vehicular entrance uh to the building it's not on 131st or 9th Avenue all uh vehicular entrance is Through the Alley uh as well as the services entrance Are All Through the Alley we're not doing any curb Cuts along n Avenue um and we do have a drop off area of 131st but all vehicles entrance it's along the alley pedestrian entrance along um 131st Street um in terms of um the schedule of construction we will follow um the city guidelines and the process we have to go through the RC and a few more other other approvals at the city so we'll be working closely with uh the staff um and I think that answers everything very good thank you um okay I'm going to go ahead and open up U questions to the commission let's start with Mr E down at your answer could I uh address you please for a moment now you have um the elevators for the parking I think you what you have 10 of them in there yes we have I look like 10 I um we have actually 12 car lifts how many 12 12 okay yes and I see that you have on the roof you're going to utilize that for the pool and the recreation area yes okay that I I think that's really sharp all right and the the landscaping and I I I drove by the property the other day actually day before yesterday and that's definitely in my opinion anyway the two properties that you are going to build this on it's going to be a big improvement over there and you do have another apartment building ad joining you that's been there for I guess 30 40 years as I can recall but uh okay that that was but the pool is going to be on the roof and the you're going to have a rooftop garden and I I like the idea of the elevators okay I I you're only going to have one one uh elevator for the whole building other than that for the uh for the tenants yes yes yes for the res there's no way getting two of them in there um we could we we could have two elevators but since we only have 35 residents 35 units okay you think that's going to be adequate yeah we didn't feel the need to add another one um we do think the one will suffice all the residents all right that that's all I have thank you thank you good thank you U Mr mcder do you have the floor uh yes uh again to the architect um so so I assume that this is a market rate project yes is market rate um other than the impact fees and that kind of thing have you all um thought about any Community benefits um to your surrounding Community um at all um I would have to consult with the developer on that term um if they're thinking or planning on doing um any of that um is there anyone you're representing the developer correct and and I'm the architect also um um but uh yeah I can speak a little bit on that because of the landscape design and the enhanced sidewalks that we're we are doing which is going to be dedicated normally back to the city um so in a sense we're giving back property from the from the private land back to the public that's one of the public benefits it is a small development um in Boutique in that nature and market rate which they've indicated to me that you know their idea and their experience is to kind of um like many people I would imagine to try to come in at a price where they're very competitive and Below maybe some of the other competing projects so it it's truly a balancing act of trying to get those numbers to work on such a small project but um all of the public RightWay um all along the entire public rway which is extensive because we have this sort of island of a of a property is being enhanced and dedicated also to the city as mentioned earlier in the presentation with the the seating the lighting and all that other stuff that um goes into creating the street front which I I believe is a public enhancement and I think if if the rendering is up on the screen the um the entry and the way we treated the ground level um I think sensitive to the neighborhood given the fact that there's single family homes on one side you have commercial on the other side you have alley and then you have a church on the other side so I like to think of it we're giving a good face to that neighborhood and and and kind of helping hopefully motivate um more things to happen in the in the neighborhood but essentially um as far as giving back to the public it's going to happen along the ride of ways okay and also bear in mind um um since you have a lot of landscaping and there's fairly active streets there that any kind of W Street parking is out of the question that was my that that was my next question oh I'm sorry um the our experience has shown over the years that with particularly with these small type projects where there's a reduction in parking it just seems to be at least from the complaints that we hear over the years that where are they going to park yeah and so what happens is they people begin to use the swes uh adjoining properties which to park so I think missing seven spaces although it's a small project is a lot of spaces can you adjust that in any degree yeah we well like like I was saying the whole aim of the project is to rightsize everything you know commercially and a lot of stuff comes to us as a program from an owner to the parking we can add more lifts you know if if if there was an owner and the idea was okay we need to give everybody self parking spaces we're not going to valet this and then add as many parking spaces as they believe the market will have now if correct me if I'm wrong there are additional spaces that do not have lifts so if an owner had a second car they could also add a lift there as well so we have that ability to increase the parking through that means can you do that we can but I think it would be based on sort of uh sales and and if if a owner came and bought a unit and they wanted two parking spaces they could offer it because of that ability to again to program it in there would be guessing and I don't think the owners want to have have a lift that's not being used and just sitting there as opposed to being able to provide one if it's in fact going to be used and according to the the numbers right now and given the unit size and the location and the connectivity uh to the city we're kind of trying to hit that Medium where it is right now um but certainly like as I mentioned a spot that doesn't have a lift the garage is designed to accommodate a lift because you have to have height you have to have electricity and you have to other elements there to support it and and those things are considered for it so you could call it lift ready okay I'm going to follow up uh with this discussion with parking um as you know guests come and visit people in these businesses and I think that's what would it always leads to a concern with the off street parking issues that come up because they will park in a sell or they will park in an area that is not designated for parking so these these things are are you know need to be considered when we're looking at a development that has this limited amount of of parking because those factors I I feel have to play into um you know what you're asking for as far as as the parking allotment that's correct and and and to speak to that we we've provided parking parking spaces directly accessible from the alley that are on grade and not in the garage so we have a series of parking that is outside of the garage that could be easy in and out for visitors um and then we have a drop off that's also on the front of the building that could serve the same purpose so we have several that we've considered that would be where the visitor parking would be because the garage is primarily or exclusively for residents and then the parkings that fall outside of that garage are going to be for that purpose and the total number of parkings outside of the building uh I'm going to go one two three is like eight how many 10 10 outside of the building outside of the parking garage itself all right I not familiar with 5% the ratio that would be well we have 35 units so it's like 20 what 10% would be three and a half parking spaces seven parking spaces would be 10% so it's like 12% the requirement for the visitors is 5% I believe so we're exceeding that that's the back Alleyway correct that's the back alley we have two we have the alley that kind of bends the corner so we have it on on two of the four sides and and you have enough room for uh uh access and and um yeah and we're not backing out to the alley like the other projects do right now we're coming in parking on site backing out on site and then going back out completely yeah um that's all I wanted to address on that okay Mur you have the FL thank you I know that uh you mentioned earlier that both of you represent the Architects yes is the developer here today yes can you please come forward thank you and again Mr M I'll ask him for his name and address good evening my name is macea the address is 11,000 bisc Boulevard thank you m thank you so very much can you pronounce your last name again b b AE n b sorry for my voice because no that's perfectly fine so thank you so very much for presenting this development uh to the city of North Miami I I for one do believe that we have a great need for condos to give people an opportunity to own yes however I do have a huge issue with the fact that you are giving the minimum for parking because at the end of the day if someone is let's say for myself if I'm coming and I'm purchasing one of these units I am going to come with probably my spouse and we're going to require at minimum two parking spaces so just having 1.5 in my opinion is not enough so the fact that you are then red reducing it um to seven parking seven low lower spaces I understand it's only seven but that is a significant change and that may have an impact on the person who is purchasing as well as the those who are living in the surrounding area if there is insufficient parking and then we start to park on the swells as um the commissioner stated earlier okay well as mentioned by H aruro our architect we have several spots still with no uh lift so we can add lift to those spaces to increase the amount of parking so it we have the possibility I don't I don't remember the amount of parkings but there are plenty parkings to increase the the amount of lifts okay so one recommendation would be for you to actually meet exactly what the requirements are as opposed to reducing it so whatever is necessary to do that I think that would be um that would that that would be good on your part okay to do that's number one number two I have a concern that he stated that there was Community engagement done and there's only one resident here that spoke today and shared concerns so I also have a concern that I do not believe that the community engagement aspect of this was done enough to ensure that those who may be impacted knows and could have had enough sufficient time for them to be here today of course we're not going to know until it goes to council and then you have a full room and then everyone is there to share their concerns but I think that in the onset as it comes to the Planning Commission we should do our due diligence to ensure that the community is aware now I understand U Mr cook stated that it was done something tells me it was not done enough okay yeah because we just follow all the procedures Mr cook just mentioned and we did all that U we were supposed to do so yeah I don't I don't I don't have any other answer for that but I think that we did all we had to do so we expect to the people that has all these imitation all these communications they could bre it I I don't really know okay my my next question is yes would you be SE seeking CRA funds sorry I don't understand what said okay so that if you don't know it that means that you you won't be seeking it okay no problem um my last and uh final comment is to the commissioner who stated that um who brought a benefit Community benefit package Pages we are giving you bonus units and so I think that maybe you guys should consider going back to the table and considering what kind of benefits you can bring to the community outside of bringing the condos okay we can work on that and we can explain a little bit more what other benefits we can bring to the community but of of course that's something we are used to do H we have as you saw in our experience we have 25 plus years building and up today nobody has ever said H that they are angry with us or something because we are trying all the time to to provide better futures for the families because we consider we are now part of the of the neighborhood or of the city of North Miami with this project and I think this kind of of of H new beautiful buildings H are for the people in the area right so we we are considering that everyone has the opportunity to get these new buildings that are pretty pretty good looking and also with many uh you know many facilities and many you know technology so you know it's an improvement of flight but we can we can see what else we can do but of course you have our commit thank you so very much no thank to you you're welcome thank you m BLK Dr Bon I'm going to recognize you sir um can I ask Mr cook a question for an elevator that is provided by a multi-story building um this would be a single elevator here in this building so he was speaking to um I believe it's was talking about the lifts as for the elevators within the building elevator yeah that is um strictly building code that's not in my preview okay um just out of curiosity they come with generators strictly in building code that's not in my pray it may be required okay does the architect know yeah it is required and it is provided in this building okay um it it is a it is a another one of those areas where it would be really nice to have a second elevator um but it's not required by um it's definely not required by code but it's not even showing up on the traffic study um the elevator traffic study that is needed on the weight times are well under normals normal weight times and so the only reason to add it is for convenience when one is being serviced or when you have that sort of um annual inspection or whatever mechanical breakdown that's that the the the hope is we're going to put one in there that's top of the line because we're putting one and and but they all get service and they all have that inconvenience but again it goes back to the goes back to the balancing of the building it's definitely not needed for day-to-day use it's when you mentioned the lift could you describe a little bit more about what this mechanical device is yeah they're actually pretty simple um the ones we specify are the k clous um um lift and they're one of the best they German made and um they're simple they're um up up and down they have emergency um protocols where if it you know if you lose power you can still bring it down and get your car out of there um and they require just a little bit more height than you would normally give in a garage another foot and a half I believe like 10 fo4 then you can fit an SUV and a regular car in there as well which was considered um but they're they're they're fairly simple um they're quiet they do like other um elevators or lifts they require annual maintenance annual certifications the company why we specify classes for that Reon they're the best at service if if if you install the lifts the lift is installed as per the uh purchaser of the condo in other words in his in his marked location of parking to create a duals dual height parking is that the way it works I'm not familiar yeah so they'll be as of right now without adding more let's say we add a few more to meet the seven that are short um they'll all come with the building when it's seed and and done and so so when people are buying um their units they're getting assigned parking spaces as well so they're going to get a parking space with a lift and you know and some there'll be a select few that will just have either two parking spaces that aren't lifts um or get assigned without lifts because we have those that available too but yeah they're going to get it assigned yeah will they be charged for for two spaces then let's say if they have two if if the lift is one space then the space that's created after the lift if if it's going to be right the way the way I've seen it if it's not an option it's just included in the price of the of the unit overall so if a if a if an an attendant wants an an additional space there's usually a charge for that one um would be the space underneath it yeah let's say there's an ability to in this case we're going to try to increase it to where every to we meet the code um we'll meet the code or exceed the code if there's still a unit that's assigned one parking space and he wants another lift that one's usually charged because it wasn't factored in the price initially that that's what I've seen at least yeah but the ones that are assigned to from the get-go they buy their unit they're coming with that one so so to park there's no free lunch I mean at the end of the day really everything gets priced in it right the cost of everything has to get absorbed somehow okay yeah all right thank you very much I'm sorry Mr B I no that's quite all right interrupted your question um any other questions sir no I'm done all right good Mr cyre you have the floor thank you Mr Ernest there we go thank you it's a nice looking building I I rode my bicycle by there the other day in daylight um and I concur with commissioner reach it's an area that needs Improvement and upgrading from a practical standpoint I think it would be my recommendation going forward that you increase your parking to 48 spaces one way or another okay the problem with so many of these residential Towers we and we see this a lot in Bickle in Miami Beach and in Coconut Grove concession after concession on parking creates an impossible neighborhood situation and on a small project I would be opposed to any reduction in parking you're going to have guests you're going to have visitors um and you go through my neighborhood and you've got houses with five cars in front of them now soon as somebody passes their teenage years they have to get a car because we're a car oriented society and reduction in parking is in my mind not acceptable like the building it's an nice effort looks good I think you've got a lot of positives in the structure but I think the parking is inadequate and if I were to recommend this it would be with a stipulation that you increase your parking to 48 spaces even if you had to get another floor built onto the building to do it uh we we it's not the kind of neighborhood that can absorb so much on street parking we already have a lot of residences in that area I don't know where You' put the extra cars uh the one elevator I yeah I know elevator studies I I've seen some very nice projects on South Beach where they put up a beautiful Tower and only put in one elevator and then it broke down and you have a a serious problem when that happens because one thing we've come to find out is there's a terrible shortage of qualified elevator mechanics in Miami day County throughout all of South Florida and this particular unit mine the elevator went out and they told the residents it would be at least a year before it could be fixed good ex well you know when you're up on the up on the 15th floor that's a lot of stairs to come down unless you're a 25-year-old uh Jim fanatic and 25-year-old gy Fanatics can't afford to buy those units on the beach so I I think I don't care what the study says I think is a matter of of health safety and convenience you've got to build in a second elevator uh where you put it is is up to you but I think it's got to have two elevators uh one for Freight if you will and one for for all other purposes uh because we don't have enough elevator maintenance people in this town anymore to keep up with the demand so uh looking at this as a quality project I would say increase the parking and put in a second elevator and those would be my two recommendations if this is to go forward thank you okay I have a follow-up question from commissioner um how many parking spaces are you providing already 48 so he has already Mr cyer yeah no he's not doing 48 he got a reduction on that no no no we got a reduction on five then they reduced it to 48 correct they're doing 48 Kevin they're already doing 48 they were the requirement is 55 so are you saying 55 I would say that would be my position 55 yeah this is not the time to start reducing parking there's not going to be any mass transit running up and down 131st Street uh yeah I think we're all looking at it as as the the the realism of living in South Florida yeah uh people drive and they're going to have cars and there's going to be more cars in the future not less cars regardless of what kind of Transportation Alternatives you have it's it's just not in the DNA of of people in South Florida so we have to we have to look at the present conditions in order to to make decisions regarding parking and and transportation in the community okay so um you know um Mr cyre uh I could live with the 48 Kevin but I can understand your concerned with the 58 or going back to the 55 I'm sorry with the 55 yes sir well um if we can have a little bit more discussion on this um it's a question to staff how how high can he go on Dixie can he go another floor so the maximum height they can do is 11 ft for this zoning district is he at there is he at that now they're at 100 fet they're at 100 so he could do another 10 then right he could do another 10 if they wanted to go green lead or green um green um silver or gold they could even go up higher than that you I I just want to address the architect you know um I like the project and I I you know and I I you putting that uh one of my favorite things is the pool on the roof and you took you're taking a really a dilapidated area right there I believe me I I when I was in the police department I had to go by there and it was heartbreaking even 30 years ago so I I think this is a great project I'm just wondering for the sake of argument whatever youbody saying about parking and the additional elevator would an additional floor help you and would it be cost effective for you that's the other thing I mean you're not going to build a building for charity you know right the the the second passenger elevator is something we would have to sit down and discuss that's more than something I can speak the passenger but certainly the seven parking spaces can fit within the building envelope right now the way it is so we can bring that in and and and make that happen you can do that yeah without even having to raise the building yeah yeah I I've seen well you're right I mean you get you got a very narrow footprint and I was quite amazed at what you were doing over there I mean it was just to me I found it yeah it's Unique I know some of the other buildings only got one elevator in there but we like Kevin said I think two elevators is appropriate if you can do it yeah but that that extra flow wouldn't help you one way or the other you couldn't add any more Apartments to it or anything no or it be cost effective yeah that's the uh we're limit on the units so what what you average in what three apartment sh floor is that it five per floor five to a floor so you I mean another three wouldn't offset your course Bas it would I think our clients would welcome additional units but the we're capped at the density right now we can't build more than 35 no matter how many parking spaces we bring into the building is that right yeah so um okay one more stab at the elevator situation um you how much of a sacrifice within the area that you provided now for the elevator how much room would you have to be able to put in a second elevator forgetting the cost because um I I think what you're hearing from our from our panel is that you really need to have that second elevator so we're asking that you would try to find a way to accommodate in the design a second elevator do I have kind of a you know I'm speaking on my behalf and and I don't know if anybody else agrees with me on that yeah second elevator would be good yeah but uh I was going to ask Council uh by by code he's he's within code so I mean there's no way that we can make an imposition that you have to have it and he's he's legitimately doing it by code so I mean this is just a a suggestion right it would be a recommendation not as much as a stipulation in other words we're not stipulating we would then have to recommend correct correct okay yeah correct all right all right um I think that e whether or not something is permitted by code or not I think that as a Planning Commission we have a responsibility to the residents and to the Future buyers of this project that if we can foresee that having one elevator is going to be a problem we should state that now and we should not approve the project unless a second elevator is going to be added the reason that we have a Planning Commission is because we are to plan we are to plan ahead for the people they're looking to us to do the right thing so I think that um commissioner scfi made an excellent point I currently live in a building in North Miami and I I promise you if one of the elevators goes bad you're standing there for a very long time in the morning to to catch an elevator to get in your car to drop your kids off and to go to work so I I I understand what the code says but I I'm going to ask the the commission let's not just focus on code let's focus on what we know is reality and let's do right by the residents and the future buyers of this condominium thank you um thank you Mr um I just want with council's input on this um we cannot if if something's in code um we cannot reject something because it's not to our liking but rather it's not within the code or how how do you Envision this legally as to not being challenged or or going against what we've allowed this developer ultimately the final decisions made by the council your recommendation is advisory so you can put on there whatever condition Rec fit okay um Mr do you you concurred with that assessment by our our counselor correct so I I believe that we can move forward with approving it with the specific stipulations number one um the will be the parking the recommendation sir number one no that's perfectly fine I want to make sure we do this right and and not put something in there that could so we would recommend as a board that uh it's 55 parking number one number two we will recommend as a board that it it is to El elevators I personally I am going to uh recommend that they go back out to the community and that they consider a community benefit package thank you all Mr mcder do you now have the floor sir is she recommend is that her motion no that's not just recommendations that's that's her her you can place the motion well I I I think um I agree it's it's a nice project but I understand it's got some limitations as well so I would move approval with three recommendations one that they maintain the units uh full unit count that's required um by the city the the parking parking 55 parking spaces uh that they consider um installing a second elevator and thirdly that they reach out again to the community um for uh Community input for uh you know for Community benefits very good um so all right there's a motion on the floor do I have a second to that motion second seconded by m mmer i will do a roll call on this uh we'll start with Dr Besson yes Mr Besson votes yes Mr cyre yes Mr cyre votes yes Miss blur yes yes from M plur Mr mcdermaid yes yes from Mr mcdermaid and Mr E I yes yes and um chairman Ernst is a yes so the motion to U Move uh move this item forward to the council before they leave where where's uh D well we' I just wanted to ask him a question about uh notification in the community and how that goes out I thought we did that by certified mail let me let me go ahead and call the vote um the vote is U unanimous passes on item 17-10 okay Mr Mr re yeah you may sir D doesn't that go out by certified mail when when they doing the commun uh Community notification how do we do that it's not about certified mail they um they usually use um an outside company who provide a certification that they were sent out okay yeah and did did they certified it did you get that back on packet we did and how many how many you recall off you don't recall how many I don't even frankly I do not even look at that number when I seen this project coming up I I I had to go out there and look again I as many times as I've been down that street and then it dawned on me I said how the heck is this going to fit in the residential area then obviously was I thought was a great project for but okay thank you you you cleared that up for me thank you very much folks I I just looked at the certification it was 61 that it went out to 61 61 for the record yes thank you thank you very much and well this is thing we you send out 61 notifications how do how do you have people come here if they didn't show up just that one lady here God yeah you you've done what you're supposed to do I don't know what else you can do thank you okay let's go ahead and move forward if we can I have a quick announcement chairman Ur I'm sorry I have a quick announcement um there is a blue Tesla outside with a with their door open so if you have a blue Tesla I would suggest you go check that out blue Tesla Mr Mr musk are you in the house [Laughter] somewhere okay very I I think it would probably a be a red Tes okay um Mr chair if I may as as it relates to um the posting of this site also instructed the signs be posted on each Frontage that was even on 9th and on 131st and have posting on the alleyway okay thank you sir all right we're going to go ahead and move to uh item number two on tonight's agenda um this is also quasi judicial so anyone wishing to address this project um we will ask for oath I'm going to read uh read in u the item um Mr Alex uh do you need to read that stipulation or the the onetime reading is enough I think the one-time reading should be sufficient thank you sir if anybody has any questions you can ask thank you sure okay so we are moving on to item 17-11 this is a resolution of the mayor and the city council of the city of North Miami Florida approving an application for conditional use permit and substantially the attached form to allow for a height to exceed the maximum allowed height of 115 ft to 217 ft for development consisting of a 22 story uh residential building that's 2117 ft with 267 units and 422 parking spaces on one parcel of real property located at 1 20 00 North Bayshore Drive pacifically identified with Miami day folio number 06- 2228 d49 d001 and totaling approximately 4.23 Acres that's 18435 aare ft with 267 Acres uh which come to 11 16,35 Square ft of non-submerged land in accordance with article 3 division 4 sections 4 3-42 through 3-47 Article 4 division 2 sections 4-22 section through sections 4203 and part Article 4 division 3 section 4-31 of the city of North Miami code of ordinances chapter 29 entitled land of elopment Regulation providing for an effective date and for all other purposes uh so at this point before uh we go further again I must ask if anyone on the commission has received any um Communications or contact with any of the parties uh who wish to address the panel tonight uh related to this item um I will begin with making note to counsel and to staff that I did receive three to four emails which I did not follow up on I just noticed that they were a request regarding this item I didn't I I as as practice I don't open them I did notify staff Mr Kook uh that I did uh uh received about three of the uh emails so to those people that did send them um um I did note that I got them but uh as is practice with me I do not uh um um I I wait till the public hearing I don't uh um take note to them when they are sent to me via email uh so that's my disclosure under that counselor is there anything else that I needed to follow up with that or is that no I don't believe so all right thank you um Mr Besson any no no Mr cyre I've so far received five emails relative to this particular project and had a phone call from Pedro Gant that addressed the community benefit aspects and did you discuss these items with those no they were all copied to everybody okay so I assume staff somehow worked into it all right is that correct Mr cook you're aware of those emails yes I was told that the emails were um received all right Mr yes I also received all of the emails and did have conversation with Mr gassant okay um Mr MC yes uh I received the emails as well and phone calls for and against uh this project and I did have a conversation with Pedro Gan very good and Mr re I spoke to pre uh Pedro briefly and I said I'll make my decision up here and he wished me a happy Veterans Day and then today at about 4:00 um Frank Wallen called me um about the public access to the boardwalk and he gave uh gave me a hand that as I walked in here to review okay you're the only one that got the handout correct I also got the handout yeah I did not get hand out so I didn't don't have that to reveal and uh we we had a brief conversation and again I explained to Frank that I would uh you know reserve my judgment for up here thank you uh is that everyone U Alex any further comment sir no sir okay thank you so we have done our our disclosure so at this point um I'm going to ask again if anyone wishing to address this item please stand and uh be administer the oath before speaking to our our commission Madame secretary do you swear or affirm that the testimony and evidence you're about to give will be the truth the whole truth and nothing but the truth I do thank you very much so Mr cook thank you Mr chair stated by the chairperson the item before you is a conditional use permit for the property generally located at 12,000 North Bay Shore Drive the request before you is to increase the maximum height of the property through the conditional use permit the maximum height Allowed by rers 115 ft the applicant is asking for 102 ft in addition to construct a building of 200 and with two towels of 2117 ft would be for residential use stated the property is located on at 12,000 North Bay Shore Drive we are looking at approxim a property that is approximately 184,000 358 Square ft 4.2 Acres approximately of that we have Upland of approximately 11 16,35 ft 2.68 which are buildable area the property is it's a multif family use currently it is Zone bz with a future land use map designation of Bay Shore Zone as stated the maximum height in this district is 115 ft you have 100 units per acre by right through the conditional use permit process you can seek a maximum height of 20 238 FT1 in this came about through a ordinance 1526 that was passed by City Council on July the 24th excuse me on June the 25th of this year and in that it specifically States as part of this that you're permitted within the bz Zone to have a maximum height of 115 ft however the properties within the baso Zone specifically located south of Northeast 123rd Street and East of Bay Shore Drive an applicant May seek a height bonus up to 238 ft 10 in through the conditional use permit process also as providing for public access to the Bayshore Bayfront or a contribution to a local park to enhance the access to the view of the bay and the option to profer a community benefit package that includes Community input and Planning Commission recommendation to city council that is acceptable and approved by city council the applicant has provided a community benefit program and with that and Mr gassant will go into even greater details but I would briefly go over it um to highlight some elements of this um packet um it says that the communitybased organization contribution that the owner shall provide a contribution of nonprofit organization based in the city to support their effort to improving the city's overall quality of life they're looking at doing things for affordable housing contribution Community Transit contribution sea wall elevation contribution storm wall management Improvement on site and within the RightWay which is a benefit to the community on site is something they would need to do by code requirement um they're looking at new Waterfront Public Access they do provide on the north side of the property as I will move forward slightly here um if you see the um site plan here you see on the north side of the property as it looks here that would be from my standing it' be on my right probably on your standing it's on your left looking at the screen I'm looking at the property on the North side they have um um easement that allows for public access to the property it terminates not at the actual Waterfront but it does provide a view of the Waterfront um and if you see in front of they have a yoga area for the actual applicant so as part of the review this application also went to the Bay Shore excuse me went to the Shoreline development committee which is the um County organization and that organization did approve this application with several conditions in it and I want to highlight those conditions if I can um for it um there other elements that are stated in the um Community benefit packet that Mr gassant will go in in detail I'm not that I'm going into that but I want to go into the element as a deal with the shoreline development view so they have several conditions they approved it on I'm sorry Mr C do you have a page number on that that you included that on your in the package um I didn't see that was sent to you on a separate um um attachment uh what in it in the full attach in the full package that was uploaded on site it was on the city's website it was included and on that element and my apologies I did send it to you separately not in the um in the Trump cated package that I provided you that did not have the um traffic studies I'll I'll follow along with with the your or presentation then so um if you would ahe it would be item eight of the attachments um on the full package that was presented on the city's website your Trump cated package that I sent to you that did not have the um okay the um traffic study I think it was supposed to be in there but I may have missed it so for that purpose is let me go over it the um the shoreline committee did approve it as stated and they approved with conditions I want to go over that in the in the context that some of those conditions are gerain to what were stated in the actual legislation that went through to allow for you be able to seek bonus heke through the conditional use permit process so the number one condition that they have that visual Corridor as depicted in the shoreline application sheet L2 shall be incorporated in the shoreline bay walk element as provided in your Shoreline design manual number two the applicant shall provide a public easement in prur along the north property line which shall be maintained by the applicant inur to provide access to the Bay 7 days a week from sunrise to Sunset and shall be connected to the park on the north side of the property by providing a gate between the property and the park if the city of North Miami agrees all the notes conditions shall be made as part of the cinium document that three that the event the property seaw wall is completely reconstructed the applicant shall consider the installation of a living seaw wall along the extension of its waterfront and for all applicable conditions and requirements from the parks recreation and open space department and the plotting and Street and traffic division of the Department of regulatory and economic resources as it is pertained to this application must be met so that is to give you just elements that they had went through outside of the city that they need to meet as part of building on the um Bayfront and as part of the element as was the um the text amendment that went through from the comp plan and the ldrs that has granted them the ability to seek a conditional use permit for extra for additional height and what parameters that they need to make they have provided us with a benefit package that he would go into and they have provided for access at least so you can get to the Waterfront to see the Waterfront going forward with the application review you have the proposal The Proposal is as stated a 22 story building specifically 2117 ft they will be providing 600 excuse me 267 residential units 422 parking spaces that is two parking spaces more then the requirement needed for the site the site needs two 420 parking spaces they are providing 422 they will promote active Street and active screening they would enhance pedestrian experience with new sustainable Landscaping public benches and a 6-ft sidewalk along North Bayshore Drive other sustainable design features to help reduce the heat island effect storm water management and High Energy Efficiency features which I spoke of that storm water management that they spoke of specifically within their um benefit package provide public Waterfront access on the north side of the development and they have provided a public benefit package the yes sir yeah the the Waterfront uh uh access of uh for footage along the bay for pedestrian use or or persons wanting to uh walk along that back area is is there a number that you can give me as far as the amount of space that will be provided for the public there I'm trying to so this is um as I understand in the um Mr gassant would eloquently um articulated even in more detail the access that they are provided is that um easement that is on the North side that terminates slightly before you get to the Waterfront um walk area itself so that walk area would not be available it would not be available that was running in front of their property for the public as I have understanded in my the in the dialogues that I have been a part of with the applicant so the the dockage there then well we'll ask Mr Brant whether or not that's for private docking or for uh future use as runnable uh Marino space he will get into that specifics on that my understanding that it is um specific to the development itself all right because that could play a factor into what I brought up about um availability for pedestrian use along that Waterway um we'll we'll we'll look at that closer go ahead I'm sorry I didn't I wanted I don't know if you had the answer to that but yes sir thank you okay Mr V I will proceed forward if I may M yes sir I'm sorry yes the economic impact that is anticipated by the development they anticipated the creation of 30 excuse me 3,256 short-term jobs um that include direct and indirect um construction jobs totaling 2519 737 induced um jobs doing the construction they period they estimated about $124 million will be generated as part of this construction um site for wages and other benefits within the city as a benefit of them constructing this they also anticipate 15 to 20 full-time jobs on the property to generate approximately $925,000 in um wages per year we're looking at payment of $1.52 million in Impact fees a payment of approximately 3 $81 million in Annual abor fees and they're looking at approximately 157 direct indirect jobs as I stated earlier and um then we have some information there that is not really specific to this item at the bottom so as we moved forward in the conditional use permit conditions as we know you required um development Review Committee also as stated earlier they would need to construct and maintain a minimum 6 foot wide sidewalk along North Bay short drive all utilities will need to be underground they will need to obtain a certificate of use and a business tax receipt they would need to provide a lead um certified or equivalent green certification building prior to the certificate of occupancy they will provide sustainable commitments low impact development activities such as stor water green Walls things to that effect on the property they need to satisfy all of the shoreline development committees um conditions they also need to F satisfy all of Miami days County um Department of Transportation and Public Works demands for their traffic's impact analysis for approval prior to the site plan being approved the next step for this item will be City Council to be determined and they also will need DRC um site plan review approval either by city council or administratively um done through staff and they have met all of the criterias as it relates to the review under the criterias for the conditional use such as for um concurrency water sewer parking things to that effect and landscaping for this site as you can see the building is going to be quite dynamic in the area and um visible that ends staff's um presentation and I will leave it in the hands to Mr gassant at this time thank you Mr cook good evening Mr bassan good to see you sir good evening how are you this year welcome again it's always a pleasure patri Gan vay night with offices at 701 Brickle Avenue I'm joined this evening by my colleague alisan di San Romain and mute I'm also joined by representatives of the developer 12,000 property owner and the Continuum company Ian Bruce lner and David Fishman this process is the culmination of about a Year's worth of work we have been in this process for about a year to get where we are today as you all know we were fortunate to come before this commission back in April of this year and receive a unanimous recommendation of approval for the text amendment that approved 238 ft 10 in for the Bas Shore Zone south of Northeast 123rd Street and we were fortunate enough to receive the city's council's uh approval of that text Amendment as part of this process what we wanted to make sure and since that time we have engaged for over a year with the community we have had has numerous public hearings and as part of this process one of the key things that I will be spending a lot of time on and that Derek touched on was the community benefits package we recognized that as part of this process we were going to need to provide a community benefits package so that people could understand the breadth and the extent of the benefits that we would be providing to the community above and beyond what we' be seeking as part of just the development of the site next slide please now one of the things that I do want to touch sh very briefly is that although we received approval for a text Amendment for a height of 238 ft and 10 in we're only seeking a height of 2117 ft the core of my presentation boils down to one core point this project provides substantial public benefits to the city I will outline in detail what those benefits are but I'm going to give you a quick cursory understanding of some of those benefits without even talking about the community benefits package if I came to you tonight without a community benefits package this is what the city would receive from this one project over $14 million over a period of 20 years directly to the city when you include the taxes to Miami day County and the taxes that are paid the avalor taxes that are paid to the school board you're anticipating $250 million over a 20-year time frame from this one project that's a quarter of a billion dollarss from one project that's going to come into this city that's without a community benefits package the Redevelopment of this site at this property helps to eliminate what the city has seen for some time which is the Aging housing stock and its impact on the city next slide please so this city in reviewing of the HUD Consolidated report noted that over 80% of of its housing start was created between 1950 and 1979 one of the impacts of that is that you have a significant issue with respect to drainage particularly in these areas because back in the 50s 60s and 7s there was no requirement for you to maintain drainage on site you simply have drainage come on and you can have the drainage going to the road but then to exacerbate that issue in this particular area you have drainage going into the road and the pipes are not large enough to deal with that this project is going to deal with both it's going to come in provide for a development that is hardened to deal with the storms that we deal with here in South Florida like such as hurricanes it's going to provide for improvements to ensure that we are addressing the 25e storm event and just to talk about something that staff has added on to it in addition to what staff would typically require which is a 25e storm event which is a a significant storm you have to be able to De to demonstrate that you're going to maintain that drainage we have to demonstrate 10% over that capacity as part of this project which we're doing and in addition to that we're going to upssize the pipes Al Bas drive but I will talk about that later on because of the issues within this area and because of the issues in South Florida we all know the sea level rise there's Mountain Insurance costs and there are construction costs there are two Dynamic issues that are associated with this particular site that I want you to be aware of because it's going to be pertinent as I talk about it towards the end this site is being impacted by the fact that Mariners Bay condominium has a significant financial constraint and substantial Financial uh exposure with respect to the Redevelopment of the site their assessments that they're looking at is about $9 million that means every unit owner is potentially facing a $200,000 assessment if this is not redeveloped so in addition to this project being able to address a lot of the public infrastructure to provide Community benefits to provide unrestricted dollars to avalone taxes it's actually doing people within the city some good by ensuring that the financial constraints that they're facing can be addressed next slide please now I wanted to give you a sense of it I know this commission is already very well aware of it uh this site is specifically south of Northeast 123rd Street on the east side of North bore drive it's just south of Billman Park and I just wanted to highlight this area because this is the only area within the city that has the opportunity to deal with this issue for the 238 ft 10 in and it's the ideal location because all of the buildings that were built there were built between 1950 and 1979 so it's the ideal location of having new buildings that can address the hardening of the storms address the drainage and improve public infrastructure next slide please and as you know we went through the text amendment process that text amendment process required that we provide a contribution either a contribution to Parks or access on our site as part of this project we're providing both we're going to improve uh Billman Park and we're going to provide access on our site which to address the Chairman's uh question initially just to get it out right now is between 50 ft in width and 135 ft in length that we're providing to the uh public on this property so that they can enjoy and view the Bay next slide please and as I noted very briefly earlier this Planning Commission was we were fortunate enough to receive the unanimous recommendation of approval of the 238 ft and 10 in with respect to the text Amendment and I'm hopeful that we'll be fortunate enough to receive the unanimous recommendation of approval of our application tonight but I can continue to be hopeful we'll see how that goes next slide now one of the things that we're doing as part of uh this design is that we're doing a tropical Lux uh um design we're doing articulated amenities articulated facades that deal with geometric patterns and ornate parapets and cornes that provide for a luxury uh condominium field as part of these units we're anticipating that the sales price will be around between $1.5 million and $4 million for each of these units which creates the type of demand and the type of avalor taxes that I've been talking about next slide please in addition to some of the um articulated enhancements that we're doing the streetcape is going to be substantially improved you can see from this depiction that we're providing for enhanced um envelop Landscaping we're going to be planting over 139 uh trees and 1,390 shrubs as part of this project you can see that the way that we're looking at the curve appeals to make sure that it's an iconic feature is one of the things that the continu group does all throughout their projects in New York and South Beach uh and throughout South Florida is to make sure that their developments are iconic next slide and in addition we're in enhancing the view of the city when you're on the base so the Boating the the Boating public that sees this property looking W will see a dynamic and beautiful project that has Lush Landscaping that beautiful amenities and that's able to address a lot of the aesthetic features within the city next slide please in addition we're providing for a variety of amenities as you would anticipate with respect to a lot of uh luxury uh developments we're providing for an affinity pool we're providing for a pool we're providing for a kids room a media room the the gym aoune and as a result of this project there's going to be a lot of amenities that these residents can take advantage of next slide please now what I wanted to talk about and I'm going to go through this uh quickly is to address uh the Chairman's point with respect on the North side which is to your right on the screen you'll see that there's an Eastern portion that green area from sunrise to sunset is going to be specifically accessed by the public and what we've done because we have to be able to take into account the otomy of the privacy of our residents and the Public's access to be able to view the bay and the only way to be able to justify a cost of a $ 1.5 million condominium and between $ 1.5 and $4 million is to ensure that there's security and to ensure that people have the Privacy that those cost demand and so what we've done is we've provided The Best of Both Worlds we're giving access on the Northern side of our site that's 50 ft in width and 135 ft in length and as you'll see in the next slide it's well land escaped one of the things that we wanted to do was just not provide an open space we wanted to provide a place where people could relax where people could actually enjoy it and where it feels like an extension of Leman Park and uh Mr nner Mr Fishman and the team at Contin really spent a substantial amount of time ensuring that this area would be something that the residents could be proud of even though it's not on a public park it's on private property and they wanted to ensure that the public would have the ability to experience the type of branding and the quality of development that Continuum is used to developing next slide please but in addition to that they're also providing as part of the community benefits package enhancements to Building and park they are going to provide for increase of the picnic area to ensure that there's more social Gatherings they're going to and you'll see it all in your community benefits package if you look at your community benefits package you'll notice that the uh improvements to Bill Leman Park are provided at provision 8 and we're doing improvements to the uh pic picnic area the lighting improvements on the site we're improving the Outdoor Equipment um and we're providing for playground uh improvements as well as dark Park improvements so not only are we providing for access on our site for the public to use we're also enhancing Bill Leman Park and one of the benefits of billan Park um for those of you now you know what I know all of you are aware when you go into billan park there are actually structures that you can go out onto the bay so the ideal scenario would be that residents would come go to Bill Leman Park go onto the bay on the structures and be able to utilize it with the enhancements that we're providing but if they should so choose they still will also have access to our site from sunrise to sunset next slide please in addition to that we're addressing resiliency as part of this project we are going to provide for a t a twot elevation of the existing seaw wall today that seaw wall is 6 ft we're going to increase it to 8 ft that's approximately a $1.25 million investment that we're going to have to do in order to address that not only will it protect our residents but it's going to help to protect the residents west of us by providing for that resiliency on the property next slide please um Mr bassant um what was the what was the number given to you as far as storm surge in that area U what they what durm would would uh so I I don't have a n a number of storm serves was not provided to me what I do know is that the e foot seaw wall elevation is is specifically curated to address any potential uh storm surge within that area and one of the benefits of what the city has done with respect to its definition of heights is that you have the measurement of height from base flood elevation plus one so we are building to that to ensure that there won't be any impact from a a storm surge elevation for the site in addition to that as I noted earlier one of the benefits of this project is that as it stands today within the city of North Miami without this project today there is a status quo of insufficient drainage within this area and the reason why you have that insufficient drainage within this area is because you have an older housing stot that was not able and was not required to provide for drainage on site so they allowed all of their storm water runoff to go into the road so what are we going to do we're not just going to talk about it and we're not going to say yeah we're going to improve it and we're just going to address the code requirements what we've done as part of the community benefits package which we've put in writing which is going to run with the land and it's going to be something that we've committed to you'll see at provision six it says we're going to provide approximately $1 million of enhancements as part of the storm water area that's what we're doing one project in addition to the fact that we're going to have over 100 million over 20 years and the additional impact fees that we'll be providing we're doing all of this as part of one project within the city next slide please we're also going to be Green Building certified which also also PR sustainability and um uh resiliency next slide please and one of the things that I'm particularly proud of is that Mr ikner and the team have really um dived into ensuring that there are substantial Community benefits as part of this if you look at the community benefits package you will notice that at the provision number 11 there is a scholarship fund that is provided where the owner shall establish a scholarship fund for qualified North Miami residents for post-secondary Education this this scholarship fund is not just limited for folks who want to go to college but it's also geared to folks who want to go to V vocational school because we recognize that there are some folks who may not want to go to college but who may benefit from going to vocational school and guess what those folks may end up being able to have a trade that we can hire at our site so we want to be able to incentivize that and in addition to that what we're doing is if you look at provision 10 of the community benefits package we're engaging in local Workforce training we're coordinating with uh Florida International University and Miami day College and we're seeking to provide for um the enhancement with respect to building uh and construction trade and the reason why we're doing that is because we want to make sure that residents have easy access FIU North is right here within the city provides us with with an opportunity to be able to provide more residents with an with an easy access to go there so that they can potentially receive the type of training that we're seeking to provide we're also providing for summer youth activities so we're engaged with the youth we're providing for uh tutoring and we haven't just focused on the youth we're also providing for senior activities uh our goal is to also provide for activities that are going to be addressed by seniors at the Wildcat Center at the Scott Galvin Community Center and the Joe Celesta Center so we want to make sure that all pockets of the city are addressed as part of this uh Community benefits package but in in addition to all of that we're providing for contributions to Affordable Workforce housing we're providing for uh contributions to the freeb system within the city to ensure that residents who may not be able to afford Uber residents who may not be able to afford the type of transation have the ability to utilize free Transit that's all part and parcel of a community benefit package that is in addition to the stuff that we're doing from an avalum tax uh perspective and before we ever even get operational on the site we're giving $1.35 million to the city as part of impa fees once we receive a building permit we have to pay these fees so even when we're not operational those fees can immediately be utilized to improve the infrastructure within the city direct fees UPF front before we're before we're operational before we receive a single dime from this project that's the commitment that this team is making next slide please and as Derek noted earlier we're providing for approximately 3,200 jobs as part of this development directly on site we're going to have over 1,900 jobs it's a it's a big project it's a project that provides a lot of opportunities and access and conduits uh for different members of the community to have access to uh the we paying jobs within this project next slide please is there a number of that you were required that would be North Miami residents as a part of that construction so so what what we're doing is we want to make sure that we have folks who are qualified and I I have no doubt that uh Mr anner and the Continuum team would love to have North Miami residence as part of the project because they're in the city they have easy access to the site and they can help to develop it but we want to make sure that whoever is doing it has the ability and the background so one of the things that we are also seeking to do as part of this is engaging job fairs as part of this process to make sure that we're aware of everybody um who will be qualified and has the ability to actually work on the project next slide please and so in addition from the from all of that we're doing as I noted earlier we're providing for over $100 million over 20 years over $43 million over a 10e span and over $20 million over 5 years within the first year of occupancy on the site four approximately $4 million will be going directly to the city from this project next slide but in addition to that as I noted earlier $1 million first year of the project $1 million will be going to the city the county and the school board those are the total avalor taxes next slide please but that's not it because we have units that range between $1.5 and $4 million we are anticipating our Economist has estimated that the annual spend from these residents in total will be approximately $36.4 million that's a substantial enhancement within this area it provides substantial opport opportunities and enhancement for the businesses within the area and create substantial public benefits now when we think about all of that we think about the public infrastructure we think about the avalor taxes we think about the impact fees and we think about the well-curated public benefits package I would submit to you that this is a project that should be recommended for approval I thank you for your time one of the things that I do want to emphasize as part of this though is that we typically go through a site plan approval process with the city and one of the reasons why we would ask this Planning Commission to allow us to have it approved administratively which has happened before is because we have a tight Financial deadline with respect to the condominium and we want to be in a position to be able to move forward with respect to that site plan and understand that we're addressing the technical aspects of that site plan administratively and so we would ask and respectfully submit that this Planning Commission recommend that the city council approve The Authority for us to come to Simply have the site plan approved through DRC which would ensure that it meets all of the regulations within the city code that it meets all the technical requirements so that the uh financial hardship that the condominium is potentially facing is not addressed so again I thank you for your time I'm here to answer any questions and would like to reserve some time for rebuttal to the extent required thank you so much um thank you Mr mad um before we open the public hearing I want to address that administrative process question with staff uh particularly Jennifer uh the legalities involved in that with with us giving the recommendation and also what uh Alex has regarding the opinion legal opinion with with allowing this to be recommended as a administrative process since this is kind of in their purview so um Mr son is requesting it because and he stated it's not unprecedent it's not unprecedent in the capacity that we have allowed it for large projects that do phasing specifically the first one that we can speak of is the solar Mia project all of their additional development is reviewed administratively we did it also for the um Cloud Pepper Park development that their items we've done administratively and we did it for a project that Mr cassant helped shepher Through The Prestige project which is dealing with a 500 I think um 22 um units and something like and it's a phase project that we have allowed for them at the time of the conditional use permit process say that hey when they come in by phases that they can have those phases reviewed administratively the site plans rather than have to go back to the um city council for review um his ask is that y'all consider that um you know we we'll say with special circumstances why we have allow that go for it before them is for you to assess based on the sensitivity of their situation if youve themed it as a recommendation that you would extend towards city council to allow for them to go administratively on their um site plan approval um I'm I'm trying to give some thought to this and um you have um within the last year you have approved a project that did have this this is not president setting in other words no this is I won't say it's common but it is something that this commission has approved with a recommendation correct all right it's just that it really never really has been emphasized the way that you have emphasized and I want to make it make sure we're clear with with crossing our tees and dotting our eyes here absolutely with regard to this uh um again before I open the public hearing um I would offer to open up any comments regarding this application process to anyone who has any other uh comment about it before we open the public hearing so we can get that out of the way Mr cyre any comment on it no I I don't uh I recall our prior hearing on this matter I'm very impressed with the community contributions and the additional upgrades that they're doing for storm water runoff it's the first time I've seen a project that actually exceeds the parking requirements and makes a meaningful upgrade to our water drainage system okay up to now everything has been exceptions and discounts and less and less and this is more of everything okay um if if not um M Mur you were about to say something I recognize you all right um okay I'm going to go ahead and open up the public hearing public hearing is of anyone wishing to address this item please step forward let's state your name and address for the record evening herto 11930 um be short drive I along with most residents and taxpayers in the mayor and S sui Community oppos this project due to its aggressive nature potential traffic issues and increase Flo floating risk the developer has used misleading tactics exploding a flowless bonus text amendment process that bypass proper approval after filing to use a soning variance the developer proposed a text amendment to Res Parcels which the major and the and our district council woman oppos unable to secure the super majority needed to pass they attempted to eliminate the super majority requirement and attemp widely criticized and for undermining C house Additionally the developer hired The Stepfather of councilwoman Cassandra Timothy for outreach forcing her to recuse herself from booing this maneuver helped them pass a text Amendment with a simple majority despite lacking Community Support despite Promises of community benefits the they are offering now a seaw wall as a community benefit which is necessary for their project but offers no real benefit to Residents now they are roing the process as both majoral candidates oppose the project bonus we support smart sustainable development that respect Community needs not projects that serve only developers financial interest thank you thank you very much sir good evening sir state your name and address please for record Hal shonfeld 11930 North Bayshore Drive majorka Towers first of all all due respect to the Mariner Bay residents I wouldn't want to be in their situation and all the respected developers I think they're trying to do something good let's see this project is for the wealthy this is not for North Miami residents it's not going to be for me it's not going to be for a lot of my people I know in the area also the drainage that's for their property we have a horrible horrible drainage on the other Street uh 122nd Road that's not going to be resolved they're going to do a good job on their property we are still going to have that property is not going to save our drainage on the other side so I'm glad they're doing it but it's not going to help us the other thing is that this never came up but when the council approved this the Cassandra Timothy as he explained recuse herself at the very last minute pretty close she was the one vote against this project don't ask me how but how did the developer hire her stepfather you read between the lines okay so I got an email from her that said that she didn't really have to recuse herself she found out afterwards so this approval you guys may not know what happened but I tried to contact her many times and she finally said well uh they hired yeah they hired uh for an Outreach they hir a relative but since they didn't pay for the services the staff is reviewing the recusal but I will be able to vote in the future it's a little too late she recused herself and the project was approved so I don't buy it I'm not saying that she's on the take or whatever it is but something's not right and I wrote to her many many times I finally got a response after out of a lot of contact so that's all I don't think that this approval was done legitimately that's my feeling beautiful project for who for the wealthy these people coming from out of town I don't see it and I know your pitch the government's pitch we need money you want to fix the drainage we need money so we got to build projects and traffic H we'll deal with it later I've heard this so many times we'll build roads afterwards when we're when we're when I'm going to be an ambulance I can't make it to the hospital waiting for the roads to be built and the traffic is starting to get bad there's a lot of projects going up you guys are aware of it just look around they're coming up left Center and right and just CU you approve those doesn't mean you have to approve this one because it's only fair you know we don't have to be like all the other cities that are corrupt I'm not saying we're corrupt but we approve everything and we worry about it later because the developers one way or the other it seems like they get to the government thank you thank you very much good evening state your name and and address for the record please good evening lyanna kazlowski with shuin Law Group offices at 100 Southeast 2nd Street I'm here this evening uh again on behalf of mariners Bay Condominium Association first and foremost I just want to thank staff I want to thank the Continuum company for doing everything on their end to move move this application process forward as expeditiously as possible I also want to thank this commission for the unanimous approval that they provided back in April time is an enemy to the 46 unit owners at uh Mariners Bay as you may recall when we were here back in April we told you almost 100% of the unit owners support this project not just because it's ATI project but because it offers a real solution to a financial crisis that these unit owners are facing like many other aging condominium buildings in South Florida especially those along the Waterfront uh these kinds of buildings have significant recertification issues what the folks at Mariners Bay have to do in terms of concrete restoration is pretty significant it's feasible but keep in mind you only have 46 unit owners in the building that's when the price tag becomes enormous so they are looking at over $100,000 in special assessments um bottom line the the numbers just don't pencil out for this group of people so they are very grateful to have a solution um in front of them and I'll just be honest I've spoken with a number of them and this is something that keeps them up at night they cannot sell their units right now with the condition that the building is in and they don't have certainty what is going to happen next week next month they're looking for closure on this and so we're hopeful tonight that you all will give a favorable recommendation and allow for the sort of approval that Mr gassant spoke spoke about in terms of the DRC process so that by the end of this month there is some certainty and these unit owners can walk into the holidays um with peace of mind thank you thank you very much anyone else wishing to address this please come forward I see Mr Wallen coming and I also see Mr prevel you all want to decide who who gets first first I ask um I don't want to muddle I don't wish I don't wish to muddle this particular presentation and the two minutes is it Poss two minutes sir nobody had two minut nobody two minutes sir let me come back fair to everybody else I'll come back after Mr Wallen all right Mr Wallen that it's now being imposed minutes yes no was stated earlier in the reading before and that each uh each person wanting to address the item would be given two minutes I believe Mr um Alex you can back me up when I saw that I've been timing them I don't think anybody's passed two minutes all right Mr Wen I didn't get one of those I'm going to make sure everyone has one there's one here for each stff m in the P pass over thank you Frank Chief one you already have one chief chief you want to know I think I have it right okay here you go here you are okay good evening Mr Walling please state your name respectfully Mr chairman I'm Frank wand and I actually represent the owners of three separate Parcels um I realize it's a bit irregular um but I would I can't clear my throat in 2 minutes and if I'm going to have a meaningful opportunity to address you perhaps one of the members of the Mission as a point of personal privilege will ask to extend my time I'm asking you because I represent multiple property owners to give me multiple chances four or five minutes this is you know this is a very important I understand sir but I I'm trying to find out through through Council whether or not I'm breaking uh any rules of of order here uh since we established that 2 minutes would be the time and since he is you're obviously um lobing him for three different groups do I approach this as him giving three different presentations for each group or or let him say his pece in two minutes the commission has to decide how to enforce its rule but the rule is 2 minutes per speaker it's yes and your discre obviously you can start the timer again when this decision is made Mr Wallen I I respect you sir and I've known you for a long time but I would like to keep it at two minutes if you please thank I'll do my best and once I get there we can deal with it all right um and I'm going to exclude a lot of it our city code says that in exchange for the extra 117 ft doubling the height the developer can do things to improve the community that's the community benefit program my vision and I hope it's your vision is to have a Baywalk Mr chairman you asked how big is the walk it's 25 or 30 ft out of a total of 600 feet when you walk from the park you just walk into this little 25 ft if you look at the the drawing I gave you there's two benches and about 20 ft to look at the bay really um the proposed access is not nearly enough and we can do better the best plan will be have a Baywalk to go from the park all the way to meorc Towers 1,000 ft when I represented the developer of the White House in I insisted and the developer agreed to have a Baywalk all around the property and that's what was passed when I was a Youngster on Miami Beach they built condominiums and they walled off the residents of the city from the beach the shoreline review people wanted more access okay this is a good project but it can be great a win-win the park residents can walk along the bay the people who live in the building can walk into the park and use the dog park and walk out on the pier um if you look at staff's April 11 report it says let's have a walkable pedestrian friendly residential community that invites the public to access and enjoy the waterf front it doesn't cost the applicant $1 more it just increases the benefit of this project for all the city residents every resident of North Miami thank you thank you very much if on your time I'd be happy to answer any questions and I'd be happy to take you through the drawing that I gave each of you so you understand what it is I think your point was clearly made we understand your point and we appreciate it thank you Mr prevel pleas step forward sir is everybody and be shared the commission sure let me just say i' had been told that I was having a separate presentation by our staff at next planning commissioning only tonight that I find out that that was canell I was supposed to have a standalone presentation prepare power PowerPoint and it did not happen found out tonight this is the best I can do but two minutes I'll do it I'll do I all right you have two minutes sir thank you and again Bill I know we know each other but please state your name and address for the record William privatel uh 12,000 North Bay Shore Drive um I am here let me make clear I'm not here against this project or any of the other projects nor am I necessarily for it I'm not taking a position what I'm trying to do is point out a benefit that may come to our city to the developers to the community a benefit that addresses some of the problems right now we have three separate properties White House in Mariners and mid Bay three different projects going on at the same time there may be another fourth and fifth one in the same Bay or Zone what's the scheduling for that White House in alone has to take out over a thousand a thousand truckloads of dirt from there to drop their two levels or their level and a half of parking has anybody discussed raising the street because I have swam Bay sure drive on two occasions and this last time I could have swam from 120th Street all the way up to 123rd and back where is the resolution for that this solution combines the forces and everybody benefits if we could give the developers additional height they can reduce the density have better units have more exclusivity we can have unified composition we can build sequentially one building after the other everybody benefits in the end the figures would come out much more than what was presented which is great those are great numbers this would be more numbers in addition to that we would get participation from the White House in so that gets sort of transferred to the South allowing the possibility of the property to the self to develop as one cohesive design and what happens White House in becomes a city park I'm talking about benefiting everybody we can double the park space we can keep the traffic away from that dangerous uh roadway 123rd Street going to the bridge somebody will get killed there eventually there will be accidents at some point someone will get killed with so many cars going in and out of there we can make it so that everybody's safe on Bayshore Drive we can get developers even more money because they won't be competing against each other I mean good God we've set up the situation we have three possibly a fourth and a fifth developer what are they going to do except for say hey we can undermine our price sir your two minutes or doesn't help anybody so this is a a possibility uh and this is not just a a graphic presentation of massing this is wholly designed down to the parking space down to paling Line Stay on on M there to wrap up yeah this is completely designed including the roof which is collecting all the Water by having a raised Street take there's been no landfill taken off the street no landfill have to be brought in the The Fill would be we'd have 10 ft we could raise the entire bore drive by 10 ft to create a refuge to also make it easier to provide the parking so parking doesn't have to go Skyhigh from that 10 foot up you go 10 foot down you go straight in everything is resolved on this you approve it once and you have it approved for the next whatever 5 six years rather than meeting you know time and time again and battling every one of these things out this doesn't this isn't great for the city isn't great for the developers isn't great for the community you can have one vision and we can get one approval thank you for your consideration I've spoken to a lot of City Council Members we have some pretty good support uh and other people the community we have pretty good support okay thank you thank you anyone else wishing to address this please come forward give your name and address please good evening so chuta 11 1930 North Basher Drive North Miami Florida well thank you for tonight with all my respect um I I am representing uh a few of the people that are in the community that own houses as well as some of the people in the building that couldn't be here tonight and it all sounded to me like a sales speech like money money money we're going to be this we're going to do that but really the parking they need the parking because there's no street parking in our neighborhood so if they don't have parking the people that buy in their Apartments won't be able to park so that's for them not for the community a park we already have a park we already have water access we have a beautiful Park we don't really need a little extra Green Space because we already have one um the the money that the impact fees are going to be benefiting is the city of Miami and I understand the city needs money but it's not for the community it's not for the people that live there right now the traffic it's unbearable at around 4 :3 p.m. from bisc all the way down to the water it's impossible you you're there for at least 35 to 40 minutes waiting to get to bee so an increase in height will increase the number of people that's going to be terrible for the traffic um and then again this is a neighborhood that mostly has houses so increasing the height will be a disaster for the neighborhood and we like nice projects we like nice buildings but we don't need skyc sky scrapers like every neighborhood is different so I think that the only reason why this project has taken a year is because they keep asking for more and they keep asking for more height they keep asking for more height so I understand the people in the building need uh help financially because they're not in a good position financially but asking for more delays the situation if they just stay with what is already granted that will resolve everything immediately thank you very much so much thank you good evening sir name and address please yeah Adam Cohen 12,000 North Bayshore Drive uh I'm here in support of this project I'm sure by now you all know and understand the terrible financial situation that Mariners Bay is in there is no future for our building Not only would this project alleviate the 46 families from their crushing Financial burdens but the proposed project will bring so much good to the neighborhood and a huge bump in tax revenue to the city of North Miami this is a true win-win thank you I hope you all can recommend approval for this project thank you sir thank you anyone else wishing to address this please come forward hi um Lisa Iker I live in my Orca Towers um I came up once before to speak about this one there talking about the first building um I told my whole my kids grew up in North Miami they can't afford to live here right now we like the community we like the neighborhood it's quiet it's and I feel really bad for the people in Mariners Bay but their building went bankrupt and it doesn't mean the whole Community has to have all these really tall buildings and traffic and just because this one building I feel that we could do like the White House did where they got certain restrictions and built something beautiful that's all that's I want to say thank you very much again anyone else wishing to address this item if not I'm going to go ahead and uh close the public hearing public hearing is now closed uh the petitioner will have uh a chance for rebuttal sir I'm going to be and then we will address the panel will then address you with some questions I'm sure thank you chairman so I'm going to be very brief I want to just go through essentially Five Points that were just made that that I think are emblematic of most of the comments that were said this evening the first is that there was a comment that was made consistently that this only benefits the developer and I was a bit baffled by that because when I look at the community benefits package I see and I'm just going to read the titles Community Based organizations contribution affordable Workforce housing contribution Community Transit contribution seaw wall elevation contribution storm water management Improvement onsite improvement off-site improvement ments new Waterfront public space North Bayshore William lemman Park improvements lighting improvements outdoor gym and playground improvements dog park improvements sunsui guard house relocation Workforce training and youth youth and Senior development local Workforce training summer youth activities senior activities after school tutoring scholarships so when I hear things like that and I see the community benefits C some things just don't line up and I I don't think that that comment May particular sense given the robust Community benefits package that were provided then there was a comment does not increase the dollars to the residents so I'm going to use this point to talk to about one of the last points that was made and I'm going to say this respectfully the the the last young um lady who came up talked about the fact that her children couldn't afford to stay here if you look at provision number three of our community benefits package affordable Workforce housing contribution we are not in a CRA we are not receiving a dollar from a c but we're going to be providing contributions so that people who need Workforce hous can receive down payment assistance so that they can live so that they can live in the city so the idea that this is not going to benefit residents within the city that this this is not going to benefit people within this community does not align with what we have before you then there was a comment that increasing height is going to increase the number of residents but that's just false the zoning on this site permits 100 dwelling units an acre we're not seeking to increase the unit per acre that's as of right we can do that tomorrow we don't have to do anything we don't have to seek anything there is no Community benefits package that's our right under the existing zoning all we're doing is changing the height so that we can provide the type of benefits to the community that is over and Beyond so when I when I hear the comments I was looking for the comments that were going to address some of the issues and all I see are comments that are actually demonstrating how great of a project this is to say that this project only benefits of developer when a developer is putting a community benefits package in place that they're committing is going to run with the land that is going to benefit these communities I don't understand it so I have to respectfully disagree as I imagine you would think I would disagree but with the community benefits package I don't see how any of the comments that were made in opposition to the site are Merit mer have any Merit or are substantive because the community benefit package I think addresses each of those comments and shows how much of a benefit this project would be thank you so much for your time and as always I'm here to answer any questions thank you Mr ran okay I'm going to go ahead and open up the commission to questions I'll start with Mr mcdermaid on my right um I really don't have any other questions except I'm very impressed with the community benefits package um you know I I just wish that a lot of other people would make the kind of contributions to our community that your Project's doing so um I appreciate that very much uh especially the contributions to Affordable Workforce housing projects um to local nonprofits that obviously are going to benefit from something that they would norly benefit from so um you know I I I wish as I said a lot of other people who come before the city would at least think about these kinds of things uh and the impact the positive impact that they're going to have on everyone around them thank you thank you thank you Mr Mr reach CH recognizes you sir uh I have just a couple of questions could you just go over the the park again what we're doing there and how wide it is and the length and the depth and absolutely so go back to the slide so the the park you know what let's just this the the park is 50 ft in width 135 that you're taking off of the your property that is correct that's on our propt in width that's coming off of your land that is correct and being donated to the city so so it's not it's not donated we're providing an easement to the public to have access to it we're going to still own the seat we're going to want to we're going to still own the site the city doesn't want to maintain that we're going to continue to own that site and provide Public Access from sun sunrise to sunset gotcha all right and the depth it goes from North Bay short to the Bay yes it so it goes from North bashore to the bay and it's about 13 pu Fe and leave okay now um is there any possibility you know you brought out I was listening to Frank before but you got a good point there if I'm going to spend two three million for a condo I like my privacy and I don't know if I would want people walking down that property where my boats are or what have you uh secondly what's the degree of liability on that if in fact you did open up your who who's is the city going to indemnify you how does that work I don't quite understand that so um I I can say that there would be um there would be issues with respect to that but I I I do want to address the point because I do think it's an important point because it misses out on one of the important aspects of Leman Park so one of the benefits of Leman Park is that you actually have existing peers where you can walk onto the bay mhm because there are several peers that you can walk out to and look out into to the bit that's one of the core benefits of building the park so when you when you're trying to ju depose the dichotomy of security and privacy and you have an adjacent AB buding Park that provides for a pier several peers to get onto the bait and see it and we're going to improve that part doesn't make much sense to me that you would need access on our I see you know I see your point on that uh I just wondering if there's a possibility you could hook up some of your property to the to that existing Pier I don't know if you can or if it's feasible or I don't know I mean I think what you're doing there is good don't get me wrong I don't want to keep coming back to the piggy bank uh let's just talk your height you know I'm going to go back in time I'm hear in major Towers when that building went up other people were complaining about the height on that building some 60 years ago when the BS went up that's about 16 stor it's on San Susi Boulevard it's there and that went up about 1970 I remember that was under construction we have other high-rise buildings on 135th Street that Overlook Keystone we have other high-rise buildings on exor court you know and then I drive around this community I go to North Miami Beach and I see beautiful Towers beautiful Towers overlooking their exclusive areas out there now we say traffic well the reality of Life folks traffic is here and we get everybody else's traffic but we don't get the benefit of the tax dollars we want new this new that we need to improve our sewer system our pipes everything else well we don't have a print and press we're not the federal government this is a great project and one of the things that I see happening is you know I'm for Workforce housing and and we're doing a good contribution to that but we also need people with disposable income that can keep our restaurants going keep our stores open keep our merchants in business right now the CRA we put money into a couple of restaurants on 125th Street one's over there on 9th Avenue and 120 just closed down now it's a burger shop where it was a nice restaurant we have another restaurant that we put a lot of money into it's closing at 4:00 in the afternoon we need not only the C ra not only affordable housing but we need people with disposable income and I I I'll tell you this is the way to do it and you know this project along with the White House in going down after how many years we're looking at that decrepit disgusting place is going to benefit the community people don't want change I understand that I've been in the city since 1970 I've been on the police department since 1970 and I retired in 97 moved back up to Chicago I grew up in New York I know what highrises are but I know the heartbeat of this community and I know what Hils it and when you want improvements into your infrastructure you need development and this is a classy decent goodlook project and I'm with you 100% on this thank you thank you commissioner Mr you have the floor good evening Mr gassant um so thank you so very much for a what I would call an excellent Community benefit package I've been on the Planning Commission coming up four years and I've seen a lot of projects this is the first time that I have witnessed a developer bring such a benefit package so thank you so very much for doing that I think that it's sets a standard going forward we know what it looks like now and we know that there are developers that are willing to do the work and to extend themselves I think the most for me one of the most important ones is number six the storm water management Improvement which we know is extremely important and we do not currently have the funds to do it ourselves so putting a million dollars in is is extremely beneficial now I did hear one person mention that all of the million dollars is going to be on property and it's not necessarily going to benefit the surrounding area is that true no that's that's that's false so the the core issue one one of the core reasons why you have the drainage issue along North bore Drive is that the piping is too small because that piping was placed in in the 70s so we're going to upssize that P pipe what that Resident was talking about was that on their side of their of the development that their pipes aren't good enough I mean aren't big enough for them but as part of basore Drive which is an offside Improvement we are going to enhance those pipes uh for the residents in that area which will help to substantially alleviate the drainage excellent and then um some of Youth activities the city of North Miami does uh very little for some of Youth activities obviously because of lack of resources can you give us a little more of what that's going to look like yeah so you know I think the the core thing that we wanted to do as part of the community benefits package uh is really ensure that the uh youth have an opportunity during the Summers to engage in some of the core Community facilities that we have within the city so there are two large facilities that exist within the city the gal Center and the Jose lesson Center which covers both the East and the west side and so what we were thinking was these are Dynamic areas where we can have youth activities to keep uh young young kids teenagers active during the summer so that you know we believe that you know boredom is sometimes the root of all um unnecessary activities and so we think it's essential to ensure that these kids are active and that's really what our Focus has been is to provide for a conduit during the summer for them to have activities that they can engage in excellent and the after school tutoring will that be uh year round during the Academic Year so that that's the focus is that it it will be year round we'll provide funding for it so that um the kids who uh desire to have tutoring will have an area for us uh to engage in that tutoring um we working out the details of that uh but that's really what the focus is going to be that's the the the general framework that we want to provide we we don't want to just be a developer we want to be a partner and stakeholder with the city excellent and um I I want to go back to uh former mayor Roland's request I understand there is an issue with um safety number one and of course number two privacy so uh can you elaborate a little bit more why this could can't work yeah so so one of one of the the key issues is that you have a uh ultr luxury condominium development that's being placed on the site you have docks that are being placed there you're going to have boats for our residents that are going be placed there um by extending the Baywalk this is not a typical so for example in um on Brickle there's a Baywalk but there aren't docks out there on the Baywalk and so one of the core issues is is that you're going to have private boats from our private residents there and you don't know what a public person is going to do we don't know which public people are going to be there and so to to be able to Stave off even those conversations we want to ensure that our residents have the security to know that they're substantially invested boats some of you are well acquainted with boats and the cost and high maintenance to be able to secure that we have to be able to ensure that folks don't have access to it but to address the issue the issue really is being being able to have access to the Bay quite frankly I think it would have been enough for us to to enhance Bill lemman park because there's an existing Pier but Mr arner wanted to go farther said you know what let's give them access on our site so that they can have more of an area to utilize and view the bay and I think that's I think that that's a great thing so to then take that and say no we need to have Baywalk what when you're going to have private books and private items I think invites a um an unnecessary conversation and for the record you are in investing in the park absolutely yes it's in the community benefit package excellent um at this time can staff come come up please Mr cook for the record can you please State the height that the Planning Commission did approve are we talking about for the legislation ma'am correct the leg legislation allows for a maximum height through the conditional use permit of 238 ft 10 in and if we did approve the project tonight how much would we be would we be approving they are requesting 2117 ft of that 102 ft is bonus height thank you so much you very much Mr um Mr Besson or Dr Besson you have the floor sir okay that was an excellent presentation thank you do a couple of questions um there were many benefits that were made uh were noted here what is the value of not each we're not going to go through that we don't have enough time tonight but what is the value of say the scholarship fund so we're working that out with the the city I think from a total Community benefits package we're looking at about $4 million as part of the totality of what we're doing um we're seeking to to work out the specifics of the scholarship program we're seeking to work out the naming of the scholarship program uh so that's still going to be something that we revise but I can tell you that the total Realm of the community benefits package is approximately $4 million okay how did the Sans sui guard gate get into this benefits pack so I'm very curious so so so doctor one of the things that we've been doing since we've been in this process for years has been uh engaging with the sunusi community regarding some of their um concerns and what they would like to see within their Community uh one of the first things and I think the most sing thing that came up immediately was the issue of their guard house location uh the existence and what we decided to do was to address that saling issue head on immediately um there are some other issues that they would like to to address but we thought that this would be something that we could provide and also provide for the the other items within the community benefit fact so we talked to uh several folks within this uh Sun community and a past president regarding that and that's what we were requested to do it says relocate and rebuild the guard house where would you relocate so we we would have to get the survey I think we would have to uh work with the CC Community to relocate within an area that makes sense but that's what they asked us to do was to relocate and rebuild to to relocate the guard house in the middle of the access of both Ingress and egress or move it to a different location so so so Dr Besson I would be lying if I told you the specifics of what the Ingress and egress would be um but I can tell you that what we were asked was to provide for the relocation of it and that we work together with the sun Community to provide for the relocation that they would like to see okay I have no further questions beautiful project if I can follow up on Mr Besson um there are are there public facilities within that area for instance there's a um I believe there's a a synagogue that's within the neighborhood of of San Susi yeah absolutely so how would something like that or any other public facility be affected by the guard house because I'm not familiar with with the guard house this is the first time I'm hearing about it and I haven't been over in that you know admittedly haven't been around that area in a long time my sister used to live there but since she moved a long time ago I'm not too familiar with what's changed so so chairman I think the point that you raised is actually a good one because there's actually two sunusi so there's a guarded sunusi which is north of the site and then there's the under guarded area where the synagogue is located okay so we are not putting a guard house where the unguarded sunusi is we are relocating and rebuilding the guard house that exists on the sunusi that is already guarded okay gotcha thank you when that when that one in that section of sanusi that was Chief then and we put the guard gates in that section didn't want to go into the okay the G the Gated area they didn't want to pay the uh for the extra yeah uh money for the the security call that yeah I think my my my sister and her husband might have been once over against that I wouldn't know and Howard new is your neighbor they don't want to go in it right okay um thank you Bob for letting me jump in on you are you have any other questions no I'm all right Mr cyre do you have the floor sir thank you Mr Ernest I have a let's call them random thoughts I deeply respect the design concept that Mr prevel comes up with he really is is a Visionary in urban planning unfortunately by the time his plans become known the U proposed development is already got a full head of steam and is pretty well dotted the eyes and cross the teas I uh like the point of Frank brought up relative to access but again there's a problem with that now because the city of North Miami never really established a policy of having a Baywalk I know the difficulties City of Miami has gone through with their Riverwalk concept and it's required consistent buyin as there's been Redevelopment along the river in order to provide for a comprehensive connected Riverwalk but in the city of North Miami we did not endorse a Baywalk concept unfortunately I think it would have been nice if it had happened but we didn't move in that direction at that time maybe someday a future city council will will will choose to do that but for the present time it's a nice wish list item that I don't think is going to happen now as to the project at itself I think the community development plan is the best I have seen in in my 30 or 35 years on the Planning Commission uh you're making significant improvements on Bayshore for water drainage you really set the standard for what other developers should be doing and as to the uh design concept I think this is good I don't think we're going to find people living in that project on a full-time basis I think this is going to be the second or third home business and what uh commissioner reach have said is true we need people with disposable income we we don't have the kind of restaurant community that we would like to have we don't have the options that we would like to see and perhaps this will Infuse new dollars with new demands for eating out that might be a real benefit across the board so I'm happy with the project no project is perfect there will always be things that would or should or could have been done uh but this is the best I've seen in a long long time and I would certainly support this thank you commissioner thank you um yeah I I want to make a just a quick comment u u with with respect to of Frank Wallen um um I I heard you loud and clear on on your concerns about the Baywalk issue uh but being a a a boater and in the Marine business and uh understanding the situation with the docks back there uh it certainly does become a security issue and I know if I had a a dock back there or a boat back there docked I would would absolutely not want people to be able to wander along that that uh Shoreline there um because of that and and and the fact that it is exclusive for for the um uh residents and not just for the public had it been at a public access uh Marina that would be a different story but since it is a private access I I have no problem and and and would not you know raise any objection to that not being that walkway not being extended um it's um security and Assurance I can well understand that concern so at this point I'll go ahead and uh entertain a motion Mr chairman I'd like to move the item please yes Mr mcder a the chair recognize you and uh Mr Mr Mr chair would only ask and I would hate to interrupt in the middle of a motion that's supporting the item the only question I would ask is would you be willing to move it with the recommendation for the administrative approval of the site plan um given the the issues well let's see if that's a part of the motion okay okay um yes I'd like to move the motion together with the mo uh part of the motion would be to allow them to administratively uh proceed with the uh uh with their uh application thank you so to staff then um uh should this motion pass I want to make sure that they will have that enter to it pass legally we can go ahead and add that that phrasing into our motion just to be sure we actually have a draft that could be helpful um a draft condition with that it would be a recommendation be a recommendation would be a recommendation it would be up to the mayor and counsil that's right do you wish for the motion to be amended verbally to that fact yeah so your motion would include a recommendation of the mayor and councel to include this language proferred by the applicant yeah I'll modif I I'll amend my motion to include that language all right very good second second by Mr each um we'll do a roll call vote on this again uh M Dr bason yes Dr Bas votes yes Mr cyre yes yes yes to Mr cyre M BL yes yes M BL um and Mr mcdor yes Mr E yes Mr E is yes Mr mcder is yes and chairman ER is yes motion uh is approved thank you chair thank you Vice chair thank you members of the commission and U we wish you the very best in in going forward with everything that we hope is in the plan and and uh and we we thank you for what you're you're you're putting into the community and thank you I would also like to say on record Mr gassan I hope you stay here for the Long Haul to ensure that we actually get everything that is mentioned here there is no way to get out of it it's in a written document it's going to run with the land and it's a it's a commitment and covenant thank you so very thank you very much for your presentation you yeah all right item is moved and Mr uh uh cook do you have anything additional before I uh wrap up our our evening here sir no sir I was just um preparing for the ending okay very good uh do we have any committee reports sir sorry say again please M yes do we have any committee reports no committee reports committee reports uh staff report no staff report no staff report okay and uh what is our next meeting date the next meeting date we still do not know to be determined that the the schedules meeting date through the chair my apologies sir do the chair the next schedule meeting date is December the 3rd but that is the runoff date and we will not be able to have the meeting on that day we will present some dates alternative dates that that you may be able to make or not if not then we will have to move items to the January meeting we cannot um get a quum for the and and and lastly do we have any new business or old business uh any other things we need to discuss before I call for adjournment no sir Happy Thanksgiving thank you very very much U